Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Elite Bobcat Services, Inc. - 2009-08-17
FROM David Verone Contact Administrator A// DATE June 30, 2010 SUBJECT Retention Release Payment Company Name Elite Bobcat Service Address 1320 E Sixth Street Suite 100 City, State and Zip Code Corona CA 92879 Phone Number (951) 279-6869 Business License Number A207722 Local Address N/A Notice of Completion Date 4/20/10 Contract Purpose Retention Release for Maintenance Service Contract 455 Phase II Street Rehab The conformed copy of the Notice of Completion for the above contract has been filed The thirty-five (35) day waiting period has elapsed or will elapse before payment is made Processing of the full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City I certify that no notices are on file on the subject at this time D t rbi i < Travis K H-oikins Director I certify that there are no outstanding invoices on file Date Shari reidenrich City Treasurer I certify that no notices are on file on the subject contract, and that guaranty bond has been filed with this office __ � 19 Date oan nn City Cl retention release memo REV 2 2009 doc 6/30/2010 11 47 00 AM To City of 1 Beach Department Pubho, Works ' a ox 190 lfuntmgtons, 92648 `Cerhbcaton of x r GontmcL Kathy Fairweather P10JOc.x MSC-455 Phase II Reconstruction of various Residential Streets - ; project apprentices,laborers, mechmos, rme: employed I declam under pwalty of pequry under the laws of the State of Califoma that the furcgouig is true a:nd correct 'ExeZuted this 12th daa of April , 2Q 10 at Corona catiforma Elite Bobcat Service Inc 24r 471 JOSEPH NANCI # ate and comfy that lWame v,J`Decl Grant) ELITE BOBCAT SERVICE INC — is Zhu general nactor to tho City of HuDbn&n Bah C City) on Contract No MSC455 tbo contract") for the constriicttora of to Public work of improvement =twed RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS PHASE 11 AM work to be perfonried pumazit to the Contract has been completed in accordanct with the Contract Documents (as sucb term is dcfmod m the Contract) Except fr the cl=s listed below and the dasputedola=s listed ui paragWh clams against the Contmotor msing from the perbrmance of the Contract havo been a*, and a i s unpaid debtsac .. NONE 4 Attached hereto are the hen waven required by the Contract D*tumen% w1uch hen waivem have be4n executed by all p-orsom who performed work on or supplied 14bot, services, materials, and/or equipment for use at the Project 5 Set fbrth below is a hot of disputed clams or claims that are the subject of a Notice to Wiftold flhd pursuarit to the Cini Code of of + cla7ms, if fi1 +w NONE k s' si �. • � f�- � ;+ a c- � a #. s Executed at CORONA CALIFORNIA ran tlus 12TH davof APRIL � 2010 J�irr�;•�i.k .•, 2 "I't 1 JOSEPH NANCI - PRESIDENT To City of Huntington Beach Department of Public Works 2000 Main Strew 0 Baa , i go Huntington Beach CA 92648 Re Ce catiaart Of COMPIMUCe with Title V11 of the Ciwl Rights Act and Equal Employment Opportiinity Act of 1972 COntr1L"t Kathy Fairweather Proj Ora � MSC-455 Phase II econstruc ion o ar1ous Resi ential'Streets _. Equali:fies that it h&s complied with Tidt, Vff of the Civil Rights Act, the Act of 1972 emplovment because of race, creed, color, sex, national origin, age or disability The undersigned contmator a1su certifies that it has aut mavitained any segregated far-flitLes at its establishments 1nationals disabled)exception of access for the I dc4,1 der penalty of perjury under the laws of the State of Califonua that the foregoitig is tme and correct ccuted dusMath day of April .20 at Corona C'I hform i Elite Bobcat Service Inc (Type Contractor Name) By Name e Darnel Title [Type Title] Kathy Fairweather ;;AfYQRNEY RECEIVED BY (Name) (Date) 0+► TO Shhaa7V, ri Freidenrich City Treasurer FROM DATE lam' SUBJECT Bond Acceptance I have received the bonds for Faithful performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No Re Tract No CC No MSC No (Company Name) 7�61 1 L .00D Approved gh-Agenda Item No TCCIII Approval D te) City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office after signing/dating #27 g /followup/bondletter doc Bond No 7610810 MAINTENANCE BOND PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we Elite Bobcat Service Inc hereinafter called Principal as Principal and Fidelity and Deposit Company of Maryland a corporation of the State of Maryland hereinafter called Surety as Surety are held and firmly bound unto City of Huntington Beach hereinafter called Obligee in the -um of Three hundred thirty eight thousand eight hundred ninety six and 39/100 DOLLARS ($ 338 896 39 ) lawful money of the United States of America, to be paid to the said Obligee or its successors or assigns the payment of which sum well and truly to be made we do bind ourselves our heirs executors administrators successors and assigns jointly and severally finely by these presents SIGNED sealed and dated this 15th day of April 2010 WHEREAS the Principal entered into a contract with the said Obligee dated September 1 2009 for Reconstruction of Various Streets Maintenance Service Contract #455 Phase II and WHEREAS the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract NOW THEREFORE THE CONDITION OF PHIS OBLIGATION IS SUCH that if the Principal shall remedy without cost to the Obligee any defects which may develop during a period of one (1) year from the date of completion and acceptance of the work performed under the contract caused by defective or inferior materials or workmanship then this obligation shall be void otherwise it shall be and remain in full force and effect ATTEST CON800I OCA020I f Elite Bobcat Service Inc Principal ki-la By OSePN An1Cl—lwme Fidelity and Deposit Company of Maryland By Charles L FIlWe Attorney in Fact AP VED TO J I R McG tyAtto>rie CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �'' V' t7" a3q" a:>"• 't7' iV t' .•Y� y' d s�" J' t� tY' STATE OF CALIFORNIA County of Orange On 4-15-10 before me Lexie Sherwood, Notary Public Date Here insert Name and Title of the Officer personally appeared Charles L Flake Name(s) of Signer(s) r LEXIEHERWO DO Gomm #i35638^ � V NOTARY PUBLIC • CAL rtNiA n ' ORANGECiUNTY Comm Exp JULY 2 � who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal F Signature Place Notary Seal Above Signature oTlq6Ky Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Top of thumb here Number of Pages Signers Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Top of thumb here 0 2007 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA 91313 2402 www NationalNotary org Item 95907 Reorder Call Toli F ee 1 800 8766827 Poorer of Attorney FIDELITY AND DEPOSIT GOMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland by WILLIAM J MILLS Vice President and ERIC D BARNES Assistant Secretary in pursuance of authority granted by Article VI Section 2 of the By -Laws of said Company are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a olds by nominate constitute and appoint Richard A COON, Charles L FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and B G d deliver for and on its behalf as surety and as its act and deed any an a n xecution of such bonds or undertakings in pursuance of these prese Vftl in as fully and amply to all intents and purposes as if they had been d M t a larly elected officers of the Company at its office in Baltimore Md jgaft er attorney revokes that issued on behalf of Richard A COON Charles L FLAKE ew P FLAKE Lexie SHERWOOD dated November 7 2005 The said Assistant " s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI Sey*'on 2 or+he Bv- s sa d Cntrnary aid ti no v in farce IN WITNESS WHEREOF the said Vice President and Assistant Secretary have hereunto subscribed heir names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 15th day of November A D 2006 ATTEST pAv of°asf _ C O � � e W yyyy � � 4an State of Maryland ss City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D Barnes Assistant Secretary William J Mills Vice President On this 15th day of November A D 2006 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified came WILLIAM J MILLS Vice President and ERIC D BARNES Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same and being by me duly sworn severally and each for himself deposeth and saith that they are the said officers of the Company aforesaid and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of 91+0 d Corper- 0- IN TLSTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written Constance A Dunn Notary Public My Commission Expires July 14 2011 POA F 012-4150H State of California County of Riverside On Auri122, 2010 before me, Jeff Lee, a notary public, personally appeared Joseph Nang, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct Witness my h d and official seal qh°moo yy9 Signature (Seal) ASS\° \° G° x J� 0 s G° +� P 6� ti Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDFs Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE 19TH FLOOR SCHUAMBURG IL 60196 1056 800 382 2150 Old Company Names Effective Date back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO CA 95833 back to top Reference Information NAIC # 39306 — 1 California Company ID # 2479 4 Date Authorized in California _� 01/01/1982 License Status UNLIMITED NORMAL Company Type Property & Casualty State of Domicile MARYLAND back to top NAIC Group List NAIC Group # 0212 ZURICH INS GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance For an explanation of any of these terms please refer to the glossary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY http //interactive web insurance ca gov/companyprofile/companyprofile?event=companyPr 6/29/2010 Company Profile Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS COMPENSATION back to top © 2008 California Department of Insurance http //interactive web insurance ca gov/companyprofile/companyprofile9event=companyPr 6/29/2010 RECEIVED BY , CITY CLERK RECEIPT COPY P, �. Return DUPLICATE to City Clerk s Office (Name) � 1 after signing/dating `d �I'� /!o (Date) % L. �° CITY OF UNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurer FROM KDATE -I- v / q //(-) t SUBJECT Bond Acceptance I have received the bonds for Faithful performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No Re Tract No CC No MSC No Approved �/ -7 /0 q pp Iti(Council Approval Date) (Company Name) Agenda Item No City Clerk Vault No #27 g /followup/bondletter doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez Construction Engineering P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Cierk-(Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2010000183397 9'51 am 04/20/10 143 413 MI2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Elite Bobcat Service, Inc. who was the company thereon for doing the following work to -wit: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS; MSC- 455, PHASE II That said work was completed April 9, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on April 9, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond_given by the said company as. required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this April 14, 2010 D';g6tor of ublic Works or City Engineer City of H ntington Beach, California STATE OF CALIFORNIA) County of -Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this April 14, 2010. -tor of 9GbTic Works or City Engineer of H tington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -O'.059-TITLE PAGE (R7/95) RECEIVE[) BY: (Name) (Date) 10 0-A I TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. (Company Name) 4 00 Approved 't-, 7 Agenda Item No. (Council Apploval Date) City Clerk Vault No. 6 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g:/f ollowup/bond letter. doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Cl-. �f- )-36 f3 Cott z G i c FOR of 1/wl ic4s `%+'!la..►'3�cti9 �+c� ,� dick rrr�.r21tC�.�`-�SSr i/1.�,y'E TABLE OF CONTENTS Page No. I. 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. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CIT/Y OF HUNTINGTON BEACH AND 1iE�capc.r� f.> dry Ziy e FOR/ /� Al�®n $ f2ca c v�+ + [ d !l1�Jr0 5- eel Sr/feRi.�TAr► « ��e¢di « THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and A z-1k SErt,1114` , a California �®•,2�°sr'�e�l�e , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to // as ""PROJECT," more feulily described1 as �Ee 11 lrb? .ct"ivu 01 !/, ¢r02 s �1�5� We27/1 /,5/��s+-As e�;j � G� ' �,�5 ��97in 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 mamier. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 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; g/agree/surfnet/cityconst 12-07 2 of 22 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 g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 two ?a--,d _�U,nt_tl,.��!✓cd not to exceed S,i�y anE4,7,1 {or�,� 'vF Ce��s Dollars ($ y5", 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 WaPVq% S 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. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by 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 /agree/surfnet/cityconst 12-07 5 of 22 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. 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. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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, g/agrec/surfnet/cityconst 12-07 7 of 22 the sum of ?�X"a4wy Dollars ($ c`��-� ) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY 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 g/agree/surfnet/cityconst 12-07 8 of 22 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 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 g/agree/surfnet/cityconst 12-07 9 of 22 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. 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. g/agree/surfnet/cityconst 12-07 10 of 22 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 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 g/agree/surfnet/cityconst 12-07 11 of 22 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. 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 g/agree/surfnct/cityconst 12-07 12 of 22 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 INTO TD A NYI- U Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall 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. g/agree/surfnet/cityconst 12-07 13 of 22 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 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 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, 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. g/agree/surfnet/cityconst 12-07 15 of 22 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 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: "Dail� 4 p2V"E 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: CLI71(-" d64yCq-r 94JIUc- ln16, A�-n�; �ILC./aE C�LLlS ��z0, •SI x i7 f .T, # /0 0 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, g/agree/surfnet/eityconst 12-07 18 of 22 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. ATTORNEYS FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 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 g/agree/suiifnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall- be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 of 22 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. 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, g/agree/surfnet/cityconst 12-07 21 of 22 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 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 officers on A�$"�— 20 (, CONTRACTOR jEIiT7-� Uee-d-r SUAJI e6�' IAJ "70SM14 A)AWC1 print name ITS: (circle one) Chairman GEnt ice President AND By: J03'56PI44�1 A A10 print name ITS: (circleone)Cecretary hief Financial Officer/Asst. Secretary - Treasurer g/aeree/surfnet/cityconst 12-07 22 of 22 CITY OF HUNTINGTON BEACH, a municipal anon of the State of California s ayor 2 ity Clerk INITIATED AND APPROVED: erector of ublic Works L fl A REVIEWEI Att) ,NPPROVED: APPROVED AS TO FORM: A- City Attorney , c v `< SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the- City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule.: BIDDER understands that failure to enter into a contract in the manner and time prescribed will result'in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 Bidder I s Bond in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice ® Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: s ® Addenda No. Date Received Bidder's Signature C-2 B NISC - 455, PROJECT II Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATE .. :; ATEM WITH UNIT PRICES WRITTEN IN.' 0 D. UNIT 'PRICE'-:: TOTAL :.'. . REMOVE/DISPOSE OF PARKWAY TREES 7( v5, PIP 3 Q 44 D �["� `/ AT PER EA. ✓ 8,756 REMOVE/DISPO E OF P.C.C. SIDEWALK (CURB RAMPS INCL.) PER SF /2/��6aZd 2 AT J> /►� 15,110 PARKWAY EXCAVATION AT S PER SF /Z� 0$a - 3 24 REMOVE/REPLACE SYSTEM IN PARKWAY EA.2%r � eo �, � Gd 4 48 REMOVE/REPLACE WATER METER BOXES 7� _0A 5 AT PER EA. 3,022 REMOVE/DISPOS OF CURB AND GUTTER(CURB RAMPS INCL.) �� / O' �y3 ap 6 AT S/r%%f/ies �">1CZ G15�r PER LF i 3 022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) PER j 3> OZZ 7 LF 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY / AT ^' �i�/ PER SF A 8 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) AT % �- ' 1, 3 7S/ 9 PER LF 8,330 CONST UCT P.C.C. DRIVEWAY (per Standard Plan 209) p' 10 AT _ dR Aai1iQS PER SF i 8,756 CONSTRUCT P.C.C. SIDEWALK per Standard Plan 207) r 11 AT PER SF 114 CONSTRUCT ASPHALT CONCRETE (GUTT R SLOT per Standard 9 j 12 AT PER TON i 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSPA,,JJJ,88�8,A) AT A /11 p 7 900' '3 13 l f 49 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per d ®� Standard Plan 718) `�61j�rlow J l J/ �dl 14 AT 42 d/.' PER Lot. 49 PLACE NEW PARKWAY TOP SOIL AND RESEED AT ?jZs o® IV %S 15 / EA. 7Zr� 49 EXCAVATE & PLANT 15 GALLONTREE (per Standard od 16 AT PER EA. IOS 13,365 COLD PLAN 17 AT PER SF 18 34,200 FURNISH AND INSTALL PETROMAT AT PER SF / 'l 19 308 ONE & ONE-HALF INCH OVERLAY PER TON C-2s ® MSC - 455, PROJECT II Project Bid Schedule ® Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATEr , Fes« z k 5� ,4 r ter . UNIT NO. ,� t,` QUANTI'iX �' ,�L•a.,� �_ 1 ° . bTENI:WITH..UNITPE2(CES-WR"r:NII�kW.ORD3 PRICE.. TOTAL .` 4 ADJUST WATER VALVES 20 PER EA..01 3 ADJUST MANHOLES v 21 AT PER EA. PREPARE PRE & POST-CONSTRUC ION ORNER RECORD AND 7 AT : 1; .%r//It1 PER EA. 22 1 ® Total Amount Bid in Figures: $ Z ,r' ® Total Amount Bid in Words: �� y F ® Sint f j �o.�.S' ,Gri//i9 •� �✓,p .�v�2,�� i �vF G�'s�T3'. 1 i C-2s ® LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and ® business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. • Portion Name and Address of Subcontractor State License Class of Work Number ® Dina✓R �/1� � Si'�1 !T� % Z%� U� r w 1 y By submission of this proposal, the Bidder certifies: I. 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 fin-nished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Joseph Nanci , being first duly sworn, deposes and says that he or she is President Of Elite Bobcat service, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or, her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will S 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 . Signature of Bidder Joseph Nanci 1320 E Gth St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC C-a NOTARY SEAL State of California \\ County of Kx�Y On �,*&,K-L 2M before me, 1��� Lem , a notary public, personally appeared Ao proved to me on the basis of satisfactory evidence to be the person Ao_s'�e name) 's subscribed t the within instrument and acknowledged to met t%e"� executed the same in his 1}e�fl authorized capacity, and that byk&hmftheir signature(s�on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h an official seal. Signature 1 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, 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: June 2, 2009 C-5 Elite Bobcat service, Inc. Contractor By Joseph Nanci, President Title r r ® DISQUALIFICATION QUESTIONNAIRE ® In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty ® of perjury, the following questionnaire. ® QUESTIONNAIRE ® Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary ® interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or ® completing a Federal, State or local government project because of a violation of law or a safety regulation? ® ® Yes 0 No ® If the answer is yes, explain the circumstances in the space provided. i r ® Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the ® Proposal shall constitute signature of this questionnaire. ® C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Elite Bobcat Service, Inca Contractor By Joseph Nanci, President Title Date; June 2, 2009 C-7 Ll UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. ® Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued ® before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 10 Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. ® C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona CA 92879 city, State Zip 951 ) 279-6869 Telephone Number 726016A State Contractor's License No. and Class 03/1994 ® Original Date Issued 03/31/2010 ® Expiration Date The work site was inspected by Joe Nanci of our office on June 1 2009. The following are persons, firms, and corporations having a principal interest in this proposal: ® Joseph Nanci, President ® 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 Nanci, President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200, NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Loma Linda 25541 Barton Rd, Loma Linda, CA 92354 Name and Address of Public Agency ® Name and Telephone No. of Project Manager: Jarb Thaipejar (909) 799-4400 $451,000 Street Improvements_ 04/2009 Contract Amount Type of Work Date Completed 2. City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92628 Name and Address of Public Agency Name and Telephone No. of Project Manager: Pete Merit (714) 925-7432 $299,908 Concrete Improvements 11/2008 Contract Amount Type of Work Date Completed 3. City of Laguna Woods 24264 E1 Toro Road, Laguna Woods, CA 92637 Name and Address of Public Agency Name and Telephone No. of Project Manager: Dennis Nelson (949) 754-5610 $408,518 Street Improvements Contract Amount Type of Work C-10 08/2008 Date Completed State of California County of On ��x�'Zkefore me, �°Z�� �� , a notary public, personally appeared has o proved to me on the basis of satisfactory evidence to be the person e ose name is subscribed t e within instrument and acknowledged to met ate g� executed the same in l%i� authorized capacity(ie4 and that by is . signature�`s,� on the instrument the persons or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature Fidelity and Deposit POST OFFICE BOX 1227 OF MARYLAND KNOW ALL MEN BY UIESE PRESENTS: That we, - Elite ------------- Bobcat ------- Service, Inc.---- - --- - Bond No. - -------08739262 ------------- Com IRIII pany BALTIMORE, MO 21203 ----------------------�_ ----------_, as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEP siT CompANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and City of Huntington Beach firmly bound unto---- - ----- ---------- ----- Obligee, (hereinafter called the "Obligee"), ------- -- - - in the sum ofDollars ten percent of amount bid 1-0 --------------------------------------------- ($— - -- ----) , 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 Various Residential --------------------------------- --- - Streets Maintenance Service Contract # 455, Project II MSC-455 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between. the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this -- ------ - -------2 nd June -------- A.D.,20 0 9 -------------------day of_ ------------------------- ------- Elite Bobcat Service, Inc. (SEAL} ----------------------------- ------------------------- Principal -- - — -- - - ---- - - - ---------------- -- --- p witness 1 '� _5 vknA BY -------------------------- ----- ----------------- ---- ---- - �DS�'�� Trlle FIDELITY AND DEPOSIT OMPANY OF MARYLAND Surety -------------- - - - - - - -- BYE' - (SEAL) witness Richard A. Coon Tide c325r-soM. 7-92 ATTORNEY -IN -FACT Coafo= to Atnc k— 1-$Citt,tc of A -hit=- Docu , A-310, - fcb` ly 1970 Edition. CALIFORNIA • •ACKNOWLEDGMENT �-- d- v ;v- � rr � d d d � �- �• �rc-� � � �max" STATE OF CALIFORNIA County of Orange On 6-2-09 before me, Lexie Sherwood, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD COMM, #1593951 a NOTARY PUBLIC a CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and off'cial seal. Signature Place Notary Seal Above Signature o a ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-87"827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date It e cfds by nominate, constitute and appoint Richard A. COON, Charles. L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and a a ,p d deliver, for, and on , its behalf as surety, and as its act and deed: any an A n ► xecution of such bonds or undertakings in pursuance of these prese I in as fully and amply, to all intents and purposes, as if they had been d � t ac g h gularly elected officers of the Company at its office in Baltimore, Md., ' per p attorney revokes that issued on behalf of Richard A. COON, Charles L. I C _ a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ` v es�ere6y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'Pp OEPOg�i ti fa O W �'�NTII• State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary° rJr� By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California � County of �V�� Aad "— On before me, \Q,`� ��� , a notary public, personally appeared �Sso proved to me on the basis of satisfactory evidence to be the person�`s� whose name is afe� subscribed e within instrument and acknowledged to met t e s� executed the same irhcrAhQir authorized capacity, and that b his signatureN on the instrument the persony, or the entity upon behalf of which the person-N acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. qh°�° ""' Signature (SealA� )� \�5��`\oOGo�ti �°'eo .6tii NG, ELITE BOBCAT SERVICE GENERAL` ENGINEERING'.," 1320 E. SIXTH, SUITE 100 o CORONA, CA 92879 Tel: (951) 279-6869 • FAX: (951) 279-6832 City of Huntington Beach City Clerk 200 Main Street Huntington Beach, CA 92648 _ w SEALED BID FOR Reconstruction of Various Residential Streets Project No. MSC-455 Due: 06/04/09 @ 2:00 PM 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: Sh ri Freidenri h, City Treasurer FROM: 3 vFe DATE: 4A-1 & - SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. _ I MSC No. \&E-"l C,,5- —: (Company Name) Approved / O Agenda Item No. (Council Approval Date) City Clerk Vault No /D 6aa . 9U -&-a/,6 0�, #27 g1followup/bondlefter.doc Bor:ri No 7610810 _ PREMIUM: INCLUDED IN PAYMENT BOND PERFORMANCE BOND (LABOR AND MATERIALS) KNO`.rJ A.LL PERSONS BY THESE PRESENTS that: `-/HEREAS, the City of Huntington Beach (hereinafter referred to as'CihY'"i has a'v'✓arded to ELITE BOBCAT SERVICE. INC. _1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 (name and address of Contractor) l_r'.r:after :eft rred to �s 'Pr nClGal"), G Contract r ac for 9,e k de r;i_ - S t apt i�„c �tr t" f� L:_ ;or' s��. ��,.. as fc o�,.... RECONSTRUCTION OF VARIOUS STREETS MAINTENANCE SERVICE CONTRACT �E455 PHASE II (Project title) U'li'-lER,F_—A8 Prir-Cal V'';rcd under 1he ,f th(: L ! ' aTjd thrr,jlifornia Civil Code sec,ire the vaym,eni Cf cairns of I_ orers i G!;, •n n r C, r: '-ie^ ;b r!e•._tl- s, n;_terra it:e an otne, ^ers ns as .,'.._, r401' v' I iERE-F01Rl_- vie, t(1-r= fjIndersingned P6-.cipal. ano---------._.____—._._— F_IDELITY AND DEPOSIT_ COMPANY OF MARYLAND _ C/O ZURICH 1400_AMERICAN LANE, SCHAUMBURG, IL 60196 _ (name and address of Surety3 'a duk adm tteG c.:retV insurer under the laws of the State of Callfor,):a and hereinafter r'aferr,d t. as "S.;rety`)• as Surety. are held and flrmdy bound unto Gity in the penal stem of ******* ** * TWO HUNDRED NINETY—NINE THOUSAND'NINE HUNDRED SIXTY—ONE AND 45/100 dollars, 1, 299 961 45 this amount i elnr. not less roan or;_ hundred H-em-e;lf of the total price set forth in 't D act f. l y ai .. : Te G� ntr�.��, lr? '.a1v' u, more.,: : ti%e 'United es 1 t ra for } payment t e fl r, n e S:dt if (lar1� l.le rC. 4'✓j11G41 Ur.}, ^;E �, an l 'rLIv lc, be "nade h RC] ourse .es. and each ^f our heirs, executors. adn.in t successors an . a ar + lstra ors, sGcoesso. u ssMns piritly and seve. F'!y, `irmi',' b`✓ these cents. ri_ C^Dil ! 01F ; { C. nB _lGt, T fO! :S SUCH Ti-nT, it the Priilcioal, n;S her. its ha;rg e;cu "rs.�UCCBSSofS Gr a: r,c or sl;L`CW .traC?✓r5 °11c1' fail to pav 3ri.r :,i t, � cc j 2rt4jf_ i,',! rt t•`:.., liiornla C'yil Code -Claimants for ad la.., , n -Ater a's or 5 `v r'•.._�-s useu �r reas:cnat.: req,ilred tG, use in performance of the York descn,bed In the lon'r.act. or any an olints Gale und; the Ui..rn lOVnlent t ;suranCe i cde : iih respect to work _, l." ID. vrf0 C-d G' -,3'" such, C air1aC, or (lr;`lc rlt �( A _i {:� al. L ;t ! 48� du ar' 'n CUf r _ �: '.v Y"!r' .��13 of 1,81 the Labor Code ✓ :!'y ii:' ounts retp:r�-JTo br. _.. _....t'U, v`:I t'r?'.::'G andUaP:. over to fp"� C(`1fi10'yn?ent ?] VE'lnpi7lent (�af�8rtn'!er't from, the 'v:c]C�Ps of Cmpl,, , of the Pnnc )a! and Su :onira:,tJ'_ 'J(SUant t0 tieCtl,Gn ?30%0 of the Une'.T? IOf.nG'Slt'fnS.3(ail ,, _spe , to tht_ i rt, or ia_h,.or p rf lmee .ender the �ontract, Surety will av for the sam., , o: F.. n c.ri a'T:ount no, ex ;_ind anal .sum bond ' # ^.^ia tic- i ,i Spi;Cifled rl Il'iS C=1 ,v; he. �8, ',his Jolt;fan St13h i„� : -i.'I %1rjij yo.i.j 7 ,ils C:Ono shall Inure v.. _ benefit of any of the persons named In Section. �3181 ..;f the Calif._,'ni_ i;.s n `�Cde so a s i0 I'Je • i ht action to such n of assigns. e - - y '� pens-ns their a s! T:' I,,,any '�, 5. Gc39 a eiCti;;' `lflt Uf10f: this bond. S u.vl;i l"irlher cQrees to pay all JOU(t eels and a re hie ftn c t� � aSCir',ci 3! "nc cun'. f xi-i, ti.. stlpjlates and agrees. f' r value received, that change, extension O t; Je rr,. � t t no chaff eaten,, on f .me G, rat. addition or modific-ation to the terms of the Contract, or any contract document or any work to t)e perton-ned tti~"eUnder. ,Jiiether --n dc.. 9fter notice or not. shali in any v,a`j' -afie.ct, impair or :; E=.9se the; ot'''gat.Gns c' Su,-uti !order this GJnd. Surety hereby v n sir ') v'�i" .'� of -.;c O ?§(lti' t. 1 PAYMENT B�iJCi Page 1 of 7610810 extension of time, alteration, addition, or modification to the terms of [tie cr rliract th . eon`s cl dl,a 7'Jrnents or the v,'ork. thc-reunde.. Surety also %.,vaives the provisions ;:-,` _.ah`O'rlla .,,v!! `.'ode §^ 84:- and 2849. !N Sig'"IMESS b`vHE13OF, each parry represents and warrants that this instrumew has be_ 1 duly executed by Principal and Surety, on the date set forth below, that the name of eact- oorperate part; being affixec hereto is such party's proper legal name and that the individuals signing this instrun;ent have been duly authorized pursuant to the au`horlty of Its governing b-)d,; Surety, by execution of this bond, .,aives an de" st Surety r y tense "�fii! i . ur ,has • r may have J`,, resr'n of any failure y,_ the Principal to execute or properly execute this bond. Datcci SEETEMBER 1, 2009 F; r-? E S T ELITE BOBCAT SERVICE, INC. +.0 ,rporat ' 'Seah - 1A_4-77 - - ?!'_D, FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 1 t•, or Drate Se a� �rJur?ty fVc`11�^ Y_ Name_R CHARD A._000N/-ATTORNEY—IN—FACT ,_. — _ — yi( afore i At 818) 409-2800 i,Area Code & Tele,-! i= +' Jr c i PPF:OVED AS TO F0R.11,' CITY OF iUNTiNGT:0ry SEAC," ,, limo I/ney U. PAYhAFh�iT BOND Pafc` 2 of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 09-01-09 before me, Lexie Sherwood, Nota[y Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) _ \ LEXIE. SHERWOOD 3 ` comm. #1856389 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand cdolfficial seal Signature fd Place Notary Seal Above Signature NPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www-NationalNotary.org Item #5907 Reorder Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e y nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and a u d deliver, for, and on its behalf as surety, and as its act and deed: any an fl n xecution of such bonds or undertakings in pursuance of these prese 1 in , as fully and amply, to all intents and purposes, as if they had been d t a h ularly elected officers of the Company at its office in Baltimore, Md., ip er attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant " s e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this l5th day of November, A.D. 2006. ATTEST: 'gyp DEPpsri a. � ♦Q C State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary /J /�) By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q �J ��/I(/11111�1 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of Riverside On September 3,.2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand d official seal. Signature y Seal �SS�o;xo CP Go�4 yeOS�`est7� �byy. Eond No. 7610810 PREMIUM: $4,049 KNO'Al ALL PERSONS BY THESE PRESENTS: , WHEREAS City of Huntington Beach (hereinafter referred to as `City,-' has, by written agreement date=n _ 2,p09 , entered into a contract with ELITE BOBCAT SERVICE, INC. _ 1320 E. SIXTH STREET, SUITE 100 w CORONA, CA 92879 --�— _--—�inarne and address of Contractors .ferred to as `Principal`? for perferma:ice of the work descrined as foliovrs -RE ONSTRUCTI_MDVARIOUS STREETS _MAINTENANCE SERVICE CONTRACT #455 PHASE II iFro}ect Titter 1;,4IEkEAS., said Contract. and a!i documents referenced therein (hereinafter collectively-'ContraC'. '. are incurr.ora4ed herein by this referetn^.e nia'de a part hereof as though set for h here. n in ful l VVHERI-PAS sat :i r ; sncipal is required unde, the terms of the Contract to furnish a bond guaranieein- the prompt, full ci^d faithful performance of said Contract, NO'"v'Ti'EME7FORE, we, the unders;vned; as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND C/O ZURICH 1400 AMERICAN LANE, SCHAUMBURG, IL 60196 name and address of Surot-0 ,,a di' ad mir-iel. su,, etv insure, ulna, er the is ,,s of the State -of California and hereinafte' refer---o to as Su: _ft as tiirety are Ieid and rilly bound unto 0-ity n '.fie Venal J. FTV—NTNF 714f1TiCdNT1 NTNF iiTThTi]RFTI CTXT_(1NF__jD__!{��Q this amount being not less than one ht:ndred percent of t`;e price for": i',l tlft contract, in lav,10 Money cf the United States, for the payment ofwhich sL;!m, '.,el! ?nu' t; u: y t,D be ads we bind ourselves_ cL" hefts_ eyeciitcrs. adrnmictrators and successors. '2""! w e`!!. rai;'y- fir'Tl b`y these presei}.;5. TifE CC NDITI=^INI, OF THIS 0I ?_1 /AFION IS SUCH THAT if the Prin ral steal; pmm,ptl; fuA,, an-_i tai`ht.:!ty p fern; each and al' of 'the covenants, obligations and things to be done and per ornrc " E;; th Prin.':. ipai in strict .:;coordance with tr e terms of the Contract as said contract rnav be altered, imodit,ed fr,C'r', time to rlf,`,e: and if the Prrrcipa' shall indemnify and save harmless City anc a4l ^. City's officers agents and employees (hereinafter collectively referred to as "Obligees") from any and of losses, liability and dap rages, claims. Judgments, stop notices, fees and casts of even description, W nether imposed by law cr in equity, which may be incurred by the Obligees by reason of the fail�ire cr dvia..ilt or, the part of the Principai in the performance of any cr ail of the terms or the obl ga i rr_s cf the C:cntract, including akl altemtions, ar-lendments and modifications thereto, and any �,%,ar,anties or Cuvr ntrjes req fired thereunder, then this Obligation shall be void', other.'vise. it shall be and shal _:il force and effiec.. Surety ::tip"?sates and agrees, for va llue received, that no adjustment of the time.. of price in the or any alteration, change, de!etiorl, addition cr other modification to the Contract, or the '.•cork to bre perf'Or-ned there±ruder, shall 7n an' :va'y afieci lir7+it, restrict, impair or release the obligations of the Suret 'u,d,:t this Bond, Surely v!a!ve s notice of atnv adjustment of con,,acitime or OontracI Prl" and Bond No. 7610810 any other alteration, change. deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments: alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on. not less than a quarterly basis Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF. each party represents and warrants that this instrument has been, duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety, by execution of this bond: waives any jefense which Surety has or may have by reason of any faOure of the Principal to execute or properly execute this bond. Dated: SEPTEMBER 1, 2009 ATTEST ELITE BOBCAT SERVICE, INC. {Corporate Sear !Principal Name) By: Name: C Title: &k SI 06AIT . A..TTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Corporate Seal) (Surety Name) By Name :R CHARD A. COON ATTORNEY —IN -FACT (Signature cf Attorney-inTact for Suref�r; (A.nach Attorney -in -Fact Certificate; r 818', 409-2800 (Area Code Q< Telephone N!_imoer of Sr!reL'!') APPROVED AS 10 FORM CITY Of k4UNTINGTCN BEACH e,in fifer�G� ity Attorney t':17J r 7, ;i be Cz E- -,1:r3 [.T !!! U"'pJ.Cdie 8;'d , w;o ev;:"k�rlce C!th� ,"'.; 1, -- `u"N S7(;i"'i^�� c�5 mG'S'l i7e i,: ?9CI7ed PERFORMANCE E'OND P,agc 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eYr� a1" eT a�" tY e7 ✓' � • y" d' e�r"i7 .7 rs' . STATE OF CALIFORNIA County of Orange On 09-01-09 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon V� LEXIE SHERWOOD COMM. #1856389 3 0 NOTARY PUBLIC a CALIFORNIA n ORANGE COUNTY omm. Exp. JULY 27, 2013 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand Vandicial seal. Signature Place Notary Seal Above Signature of of Pu is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e ynominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and 9 D d deliver, for, and on its behalf as surety, and as its act and deed: any an o n xecution of such bonds or undertakings in pursuance of these prese l in , as fully and amply, to all intents and purposes, as if they had been d t a&n h ularly elected officers of the Company at its office in Baltimore, Md., ip er P attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant p s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: a ofros�i W. o till State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4c,_ ;), 15�1� Eric D. Barnes Assistant Secretary By: J William J Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged. the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of Riverside On September 3, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. h %% I& an official seal. Witness MY Signature (Seal) ��qy��o yy,, S J'o\`Gg a iLyy. CORD CERTIFICATE ®F LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/12/09 PRODUCER LIC #OE28842 1-949-756-4100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Invensure Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Sherman Parent Prince & Fleming Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17912 Mitchell South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614 Bob Parent INSURERS AFFORDING COVERAGE NAIC # INSURED Elite Bobcat Service, Inc. INSURERA:GREAT AMER ASSUR CO 26344 INSURER B: UNIGARD INS CO 25747 1320 E. Sixth St. #100 INSURER C: SEABRIGHT INS CO 15563 INSURERD: Corona, CA 92879 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSR TYPEOFINSURANCE POLICYNUMBER POLICYEFFECTIVE D POLICY EXPIRATION TE (MM/DDIM LIMITS A GENERAL LIABILITY GLP1679190 09/28/09 09/28/10 EACHOCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FXI OCCUR _ DA MA ETORENTED PREMISES Ea occurence $ 50,000 MED EXP (Any one person) $ Excluded PERSONAL& ADV INJURY $1,000,000 X $5,000 Deductible GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PRO- 7JECT LOC B AUTOMOBILE g LIABILITY ANY AUTO CM009164 04/02/09 04/02/10 cD;INGLELIMIT (Ea acide $1,000,000 BODILY INJURY (Per person) $ ALLOWNEDAUTOS SCHEDULED AUTOS �p ED AS T 7� � ,7 F�dtlVl BODILY INJURY (Peraccident) $ X X HIREDAUTOS NON -OWNED AUTOS J ER _ F� H, Cl O `1 eV (,(� /07 PROPERTY DAMAGE (Per accident) $ 'T/, V GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY UMB1679191 09/28/09 09/28/10 EACHOCCURRENCE $3,000,000 X OCCUR 1-1 CLAIMS AGGREGATE $ 3,000,000 $ HXDEDUCTIBLE $ RETENTION $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE NER/EXECUTIVE BB1091560 09/28/09 09/28/10 X WCSTATTH- ER RY ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? X If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS **Additional insured forms CG2037 10/01 & CG2010 10/01 apply per attached. Primary Non -Contributory GAC3649 CG 11/06 applies per attached. Auto Additional Insured form #CA2048 2/99 applies per attached. Per project aggregate CG2503 3/97 applies per attached. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers is additional insured. Reconstruction of various residential streets MSC 455 PH II, Job 90332 GtKIII.16AIt MULUtK I;ANULLLAIIUN*except Lu aays notice ror nonpayment. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL WM MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, W9I414 M9&1TX Attn: Risk Management Xpp15�6gQClG� S7t@F+E1177Kai7�DtiI7X1[7C9CL�i[X 2000 Main St. Xxg=unmnmXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USA�— ACORD 25 (2001/08) klopez 13313669 Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY #: CM009164 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/28/09 Countersigned By: Named Insured:��u- Elite Bobcat Service, inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Policy No. GLP1679190 GAC 3649 CG (Ed. 11/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649 CG (Ed. 11/06) Page 1 of 1 13 POLICY NUMBER GLP1679190 INSURED: Elite Bobcat Service, Inc. COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULEDADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - PERSONF ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 SCHEDULE USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page I of I POLICY NUMBER: GLP1679190 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Location And Description of Completed Operations: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. Reconstruction of various residential streets MSC 455 PH II, Job 90332 Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designed and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard'. CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: GLP1679190 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Reconstruction of various residential streets MSC 455 PH II, Job 90332 (It no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E IF R ORNEX 1L) 3-'�F6-UP 245911.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM By: Name: [Type Name] Title: [Type Title] on this day of , 20^ 1 (Signature of Declarant) 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. F'Oly wlff -. i' i i •' 7 S o3• ab • cS(o. 247542.1 City of Huntington Beach 2000 Main Street 0 Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 21, 2009 Elite Bobcat Service, Inc. Attn: Willie Ellis 1320 E. Sixth St. #100 Corona, CA 92879 Re: Construction of Various Streets — MSC-455, Phase 2 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for six months. If your performance bond does not include specific wording for a six-month warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, J �LFIynn, CM City Clerk J F: pe Or I � 016, Enclosures: Copy of Agreement Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) Sister C1��°`ktifls�a�5'�F��'R��P�, New Zealand (Telephone: 714-536-5227 f Council/Agency Meeting Held: O Deferred/Continued to: �LApp oved onditionall A prov d ❑ Denied CI City k's i ature Council Meeting Date: 8/17/2009 Department ID Number: PW 09-38 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO OF PUBLI WORKS SUBJECT: Award Construction Contract for MSC-455 Project II Residential Tree Petition List Streets Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On June 4, 2009, bids were opened for the alternate portion of the Reconstruction of Various Residential Streets from the Street Tree Petition List, MSC 455 Project II. Staff recommends the City Council award the contract to Elite Bobcat Services, Inc., the lowest responsive and responsible bidder. Fundinq Source: Funds in the amount of $360,000 are available in Measure M, Pedestrian Improvements, Account No. 21390004.82300. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Reconstruction of Various Residential Streets, MSC 455, Project II; 2. Accept the lowest responsive and responsible bid submitted by Elite Bobcat Services, Inc in the amount of $299,961.45; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff on how to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/17/2009 DEPARTMENT I® NUMBER: PW 09-38 Analysis: The project was originally bid as an alternate to MSC 455 for the reconstruction of 19 residential streets identified through the Tree Petition process. The projects consists of removal and replacement of city trees, sidewalk, curb, gutter and street pavement. The alternate bid requested for four streets, Oakgrove Circle, Esta Circle, Pratt Circle, and Ivory Circle,was not consistent with the base bid for MSC 455 so the alternates were advertised as a separate project. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. The bids were opened on June 4, 2009, and are listed in ascending order: 1 ® m ®- Elite Bobcat Services, Inc. ®� 299,961.45 2 Golden State Constructors, Inc. 336,042.85 3 Nobest, Inc. 346,245.00 4 I.C.E. Engineering, Inc. 347,957.00 5 Ruiz Engineering Co. 377,358.82 6 Imperial Paving Co. 382,450.00 7 All American Asphalt 394,462.55 8 United Paving Co. 397,030.06 9 TTS Engineering 425,528.45 10 G-Coast Construction, Inc. 495,180.00 Bid amounts were verified and the lowest responsive bidder was determined to be elite Bobcat Services, Inc. The reference check for Elite Bobcat Services provided acceptable responses from past clients. The City also had positive experience with this contractor on similar projects. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $360,000. Supplemental expenses are estimated at ten percent for soils and materials testing, construction managementaand in-house inspection services. Public Works Commission Action: The project was reviewed by the Public Works Commission on September 17, 2008 and approved 6-0-1 (Kirkorn absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project is categorically exempt pursuant to CEQA Article 19, section 15301 (c). Attachrment(s): -2- 8/4/2009 10:20 AM ATTACHMENT USAR.R. GLEWIUD DR. DR. LARKSPUR CR. DCLSA AVC F7 _� T7� Location Map Ivory Circle ✓E. l McFAADEN � � j 11 M 09 z II 1 VAX II rc II � ll � ..� VINCLnW II �` 1 CIRCLE VIEW PARK CIRCLE VIEW SCHOOL LR. g 4 H V1 AVE, I L DIMNN DR. ANTRIN GR. TYRONE GR. DOWN DR. LONGFORD CR. CAVAN CR. N R K 4 AVE. I EDINGEft AVE. I FED ELLINGER Location Map Pratt Circle EDIK#'R AVE. Z J J 3 CQRIANE CR to TA CR, ® 1 u S ti u LENNO% , NIDuai HEIL AVE. Location Map Esta Circle Oakgrove Circle INITIATING DEPARTMENT: Public works SUBJECT: Award Contract for MSC-455 Project II Tree Petition List Streets COUNCIL MEETING DATE: August 17, 2009 RCA ATTACHMENTS STATICS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVARDED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: I RCA Author: Jubinsky/Jones:jg �2 BID DATE: Engineer's Estimate: ODD BLD LIST B DER'S NAAM RANK- TOTAL L BLD"QUAPr Z-- AM ki. = ---6411 lit/ $3N, 46)-f 2. ..d c9• `� CO 4sIMA4 34 o� . 8 95 7, 7. . $ V�o r OCR 8. C-�:106,1110 &x7wx 9. 10. 11. $ 12. $ 13. $ 14. $ B,tr LIST B��R', NAM -RANK-. TOTAL BM"OW-VT 3 -3 . aq Z 40 7. 8. 10.��7 too � 1�!®� 19 11. $ 12. $ 13. $ 14. 06) c7N In r ... .... .... NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT I1. in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 4, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 367,315 PROJECT II. Esta, Pratt, Oakgrove, Ivory BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH FBCITY OF FdUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FIVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 6, 2009 Project/C.C. No.: MSC 455, PROJECT II Regarding: Reconstruction of Various Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages I Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 17, 2008 the Public Works Commission authorized the advertisement of the Reconstruction of Various Residential Streets; MSC 455 Project. The base bid was awarded to Elite Bobcat Services on 3-26-2009. Project II (alternate bid) of MSC 455 shall be re -bid. Please find attached the Notice Inviting Sealed Bids for advertisement on 5/14, 5/21, and 5/28. The bid opening is scheduled for 6/4/2009 @ 2:00 PM. Please contact me at extension 1732 with any questions you may have. c: file By: 4a ereck Livermore, Interim Street Supervisor GAMAINTENANCE DIVISION\CrrY YARD\MSC FILES\MSC PRoJEcrs\400's\MSC 455\PRE-AWARD\NISB TRAmmiTAL To CLERK 455, PROJECT II.DOC Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): May 14, 21, 28, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 28, 2009 at Costa Mesa, California Sign t e SECTION A NOTICE INVITING SEALED BIDS for'the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT 11 in the CITY OF HUNTINGTON BEACH ' PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for, the above stated projects and will 'receive such bids in the office. of the City Clerk, Second Floor, 2000 i Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on June 4; 2009: Bids will be publicly open in the Council. Chambers unless -otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the, Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, -upon payment of,a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable'fee.if mailed via U.S: Postal Service, FedEx, UPS or any other delivery'servicer Any contract entered into pursuant to this 'notice will incorporate the ' provisions of the State Labor Code., Pursuant .to the provisions of the Labor Code of the Stateof California; the minimum prevailing rate of per them wages' for each craft, classification or type of workman rneeded j to execute the contract shall be those determined by the Director of Industrial Relations of the State of California; which' are on file at the Office of 'the Director of Public Works, 2000 Main Street, Huntington Beach; CA 92648. ' The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to .the retention in accordancewith the provisions of the California Government Code, Section 4590. The Contractor shall be, beneficial, owner of the surety and shall receive any interest thereon. f The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of. race, color, ,national origin, ancestry, sex, or religion ,in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions, to Bidders. The bid must. be accompanied by a certified check, cashier's check, or bidder's bond made payable;to the, AGENCY for an amount no less than 10% of, the amount bid. The successfulbidder shall be licensed in accordance with provisions of the Business'"and Professions ,Code .and shall possess a- State Contractor's License Class at the.time of the bid opening. The successful Contractor and his subcontractors will. berequired to possess business licenses from the AGENCY: The AGENCY reserves the right to reject any or all bids, to 'wai4e any irregularity and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 367,315 ( PROJECT II..Esta, Pratt, Oakgrove'; Ivory. ` BY ORDER of the' CITY COUNCIL of the, CITY OF, HUNTINGTON JBEACH CALIFORNIA, the 2nd day of September 2008, by Resolution. No. 2008 Attest: Joan L CITY CLERK OF THE CITY OF. HUNTINGTONPublished Huntington BeachInde endent Ma 14, 21,28,2009 0 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. O " I STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): May 14, 21, 28, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 28, 2009 at Costa Mesa, California Signature,- JLLIIUN A NOTICE INVITING SEALED.BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIA4STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in,the- CITY OF HUNTINGTON BEACH - PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY; invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main'Street, Huntington Beach, California 92648' up 'to the hour, of 2:00 PM on June.4, 2009. Bids will! tie publicly open m'the Council.Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the. Director of. Public Works, 2000 Main Street; Huntington, Beach, CA 92648, upon payment of a $25.00'nonrefundable fee_if.pirked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuanttothis notice will incorporate the provisions of the State. Labor Code. Pursuant to the provisions of. the Labor Code of the State of California;. the minimum prevailing rate of per them wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director' of Industrial Relations of. the State."of'California, which are 'on file at the Office of the Director of :Public Works, 2000 Main Street, Huntington Beach, CA;92648. The AGENCY will deduct a 10 o retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to ,the retention in. accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be. beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises' will be afforded' full'opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or, religion in. any .consideration leading to the award of contract: No bid shall be considered unless It is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to. the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening., The successful Contractor and his subcontractors will be required to possess business licenses from the'AGENCY. _ The AGENCY, reserves the rightto reject any .or all bids,, to waive any irregularity 'and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 367,315 PROJECT' IL Esta; Pratt, Oakgr-ove, Ivory - BY ORDER, of the CITY COUNCIL of, the CITY OF HUNTINGTON BEACH,. CALIFORNIA,'the 2nd day. of September 2008, by Resolution No-. 2008-54. Attest:, Joan'L. Flynp CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent Mav 14. 21. 28. 2009 052-647' Unsuccessful Bids MSC-455, Ph. 2 F OE CITY OF HUNTINGTON BENCH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 4, 2009 Project/C.C. No.: MSC 455, Project II Regard in g: Reconstruction of Various Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ElPrints ❑ Plans ElSamples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Bids for MSC 455, Proiect 11 Item # Copies Pages Description 1 1 18 Bid received from Elite Bobcat Services, Inc. 2 1 23 Bid received from Golden State Constructors, Inc. 3 1 17 Bid received from Nobest, Inc. 4 1 17 Bid received from I.C.E. Engineering, Inc. 5 1 19 Bid received from Ruiz Engineering Co. 6 1 21 Bid received from Imperial Paving Co. 7 1 19 Bid received from All American Asphalt 8 1 17 Bid received from United Paving Co. 9 1 17 Bid received from TTS Engineering 10 1 15 Bid received from G-Coast Construction, Inc. 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 ElReturned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please contact me at extension 1732 with any questions you may have. c: file By: 15W1Xt1v-errlhlore, Interim Street Supervisor GAMAINTENANCE DIVISION\CITY YARD\MSC FILES\MSC PRoJEcrs\400's\MSC 455 PROJECT II\TRANsmrrAL To CLERK 455 PROJECT II BIDS.DOC City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 3, 2009 G Coast Construction, Inc. 5461 Encino Avenue Encino, CA 91316 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cit117�Rra�dlC�let�r�lb1ci�c New Zealand 1 Telephone : 714-536-5227 ) C SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 MSC - 455, PROJECT II Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM >APPROXIMATE ': ,, UNIT :QUAi�TITY.. ITEM WITH UNIT':PRIGES WRITTEN.IN;:w [)S 1 PRICE TOTAL.;:;:-° 44 REMOVE/DISPOSE OF PARKWAY TREES "fjU ) — JC'Z 00 1 AT Ole— WD T,06 *)r1D(2x_:1) PER EA. 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 6V 2' 2 3 15,110 PARKWAY EXCAVATION AT 0 V I I;_-- PER SF 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT S V� -trV N.➢�>v� G60.00 ��LL -1 4w.06 4 PER EA. i 48 REMOVE/REPLACE WATER METER BOXES 5 AT '1vJO fttiPf-E-1) PER EA_ 3,022 REMOV /DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) AT I.o =` 6 PER LF 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) AT 7 ltf�E PER LF 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT '� 2- �v 1 �i �%�• ev 8 0 PER SF 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) AT rn v C U 9 PER LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 10 AT S� �_ PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 11 AT r F PER SF 114. GONSTRUC ASPHALT CONCRETE (GUTTER SLOT per Standard AT ®Ii rN N9 �� �� OG 12 PER TON •�b 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT 2, Doc) 1Z,M.to- 13 nyvV-f-,v v PER EA. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) 00,6u 39IGO , ov 14 AT u rpt lT 'q))y D�p PER Lot. � 49 PLACE NEW PARKWAY TOP SOIL AND RESEED AT Rl,-/4_v� tTV N'PrA► - D �00.00 3q 3!)b ob 15 PER EA. 1 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard AT J '7D 9-1'X ' -7, g9b' DD 16 p►YE 1V N ly PER EA. 13,365 COLD PLANE 0. fn ?) OV 17 AT t y %'AT 5 PER SF 34,200 FURNISH AND INSTALL PETROMAT AT '�1 G EA Te— ) bt-nTS PER SF 1�' 18 19 308 ONE & ONE-HALF INCH OVERLAY AT O' e, Y'V O VYL4,l) '(IC-0 PER TON D , ab 33, 00- C-2s c:. MSC - 455, PROJECT 11 Project Bid Schedule ®akgrove, Esta, Pratt, Ivory 4 ADJUST WATER VALVES 20 AT tV NpPER EA. �' �D�.Ob 3 ADJUST MANHOLES ' , w 01 31 00 21 AT PER EA. PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT tVIF .tom N DJL_;D PER EA. —546. T 3 31D • 00 22 Total Amount Bid in Figures: $ '' 0i , Total Amount Bid in Words: rlv' f�s,f�, car r/�i�u ,'✓ I,o,� .4�1 tha�> �i���,r der h , r C-2s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. UHT o Accompanying this proposal of bid, find �� VW5 hjGlJ�in the amount of $IDD�o Oj'�i1D 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 3 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Woqttf po �AD .pb(1AI�rD CD-VS��'O ij 3,q 75- YUt1- A »w it 21I __yOa,NPA C,6, 9�1268 i A TafN 1=L 112CFG-� i �w t'r t o C 13 tA-MiPA , t . , LAmiCA) CA `IG9\ 4, W 6 �1 u N tT eD ppry 1 }JZ CAM p.AM L-,4 m i r2A4 DA t C-A� q0G 3 3 J� `� j '� j A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 1xyi , being first duly sworn, deposes and says that he or she is SI V T of 6 - CV fta Cpr1MVGn ON , 14 , 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. w TtW6T1bN, 1Nz.- .e of Bid of mo a W to PA. [��W No 1 C4 51 � Address of Bidder Subscribed and sworn to before me this 2 C/ day of %'� �-� , 20 9 NEIL L. KLEEGER Commission # 1763038 Notary Public - California ' Los Angeles County MyCOMM�MAu 23,2011 NOTARY PUBLIC2`%'� 11. tiger, Notary Public C-4 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: r 4 01 C-5 -i- Cr7 AT C00_s p CHT Title �T(o� , I vi L 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 ZN 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 r' 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: �/ I C-7 LIM WAS S7i OCT 1ors a�� Ll 0 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: —rb'rAf�ST ���Nf.TI©i•1 t Iv1 fW o.-I&VI Title Date: 19 �7— Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: � -c,�A ST CbNSTr���1� aN r iN� Bidder Name 5441 V( CIalb Mu, �NUu�o Business Address w(APO G� g131 city, State Zip c oio > i o7— 9 247 Telephone Number 044-7 0 u 16 - A- G27 State Contractor's License No. and Class Original ate Issued ,i1 10 Expiration Date The work site was inspected by 6�4 G of our office on 4!�" / , 20 The following are persons, firms, and corporations having a principal interest in this proposal: 4�2�?o1 LOU I4 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. � - 6VAsT Company NP Signature of 0 t A L�V1 TRAP-T10 l4 f I IJL Printed or Typed Signature Subscribed and sworn to before me this9day of/V A-/ , 2007. NOTARY PUBLIC ®� NEIL L. KLEEGER Commission # 1763038 -d Notary Public - California f Los Angeles County WCcffmI soMesXU23.2011 t NOTARY SEAL Nell L 10 er, Notary Public Listed below are the names, address and telephone numbers for three. public agencies for which the bidder has performed similar work within the past two years: 1. �ALdMMVIQVXI 6-0�WJ66 `9iSTR-(�T S Name and Address of Public Agency Name and Telephone No. of Project Manager: 0013 MIU r-,7?- C3 (o) ZoZ • 5s75 0b0 • °% I.IhIdDS/a�E 11KI?_i (PTIoN ,9AA, ty Pet- 2,007 Contract Amount Type of Work Date Completed 2. (,I-ry or- LN CWfDPr rU►1TP-la4- 132 Name and Address of Public Agency L4- L-O_V � , I.A C &(A-OA ru M TI?� � Name and Telephone No. of Project Manager: C01�NA - MANOu(44�14a (0110) 7,10-gkY)- 1 1211uw. 50-15� IMkPVGMENr KV6AU, Re(ow5ijU�t.TioVI IM•?'no7 Contract Amount Type of Work Date Completed 3. LN U MMvN(T-I 415TrL((,T Name and Address of Public Agency Name and Telephone No. of Project Manager: VZI(ZMat`I C21-0 7�,3 -B70 ou ontract Amount Type of Work Date Completed C-10 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond BOND # NIA KNOW ALL MEN BY THESE PRESENTS, that we G COAST CONSTRUCTION, INC. 5461 ENCINO AVE. ENCINO, CA 91316 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 950 TOWER LANE, SUITE 340 FOSTER CITY, CA 94404 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 200 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereir after called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid ------------------------------------------ Dollars ($ 10 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT #455 PROJECT II (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with 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 27th day of (Seal) (Witness) Yung T. Mu AIA DOCUMENT A310 BID BOND ALA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 State of California County of Orange ) On May 27, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick , who proved to me on the basis of satisfactory evidence to be the person(z) whose name(z) ishm subscribed to the within instrument and acknowledged to me that he/� �1t executed the same in hisi vir authorized capacity(*, and that by his/hzftak signature(&) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is t.nae and correct. �o OF> :CHIRISTINE T.WITNESS my hand nd official seal. C4 °Mr�I. 0 1827909 X ® ARY Kee. CAJJFORMA10 ANGE COUNTYan. bpkm X-C 23.2012 Signature (Seal) GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 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 FIVE No. 014554 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, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on 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 YUNG T. MULLICK ALL OF ALL JAMES W. MOILANEN MISSION VIEJO, $75,000,000.00 JENNIFER C. GIBONEY CALIFORNIA P. AUSTIN NEFF CHRISTINE T. HOANG 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 3'a day of, MARCH , 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID G. KITCHIN (5134124602) On this 3d day of MARCH , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior 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 of the said Company; that the seal affixed to the said instrument is such corporate 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 ofGreat American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, 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 affrxed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship or other written obligation in 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 affixed CERTIFICATION I, STEPHEN C. BERAHA, 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 June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 27 day of, May 2009 S1029Y (10/08) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 3, 2009 TTS Engineering 4952 Warner Ave. #210 Huntington Beach, CA 92649 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, p Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Ciq'q&AG}igJgM*ef rk�AAAW. i New Zealand ( Telephone: 714-536-5227 ) C, vc^ Y / Rq,o,-t ftoj-e(�f // SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS. MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 u MSC - 455, PROJECT II Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM; NO APPROXIMATE ` = UNIT, _" QUANTITY S` ITEMSffR,UNiT,PRICES:VURITTEN IN;1(VORpS, , 4„ ": PRICE ,_ t• TOTAL r ,''; 44 REMOVE/DISPOSE OF PARKWAY TREES AT 1 032�:2y9.0b 1 PER EA. .73.2.113 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 8,756 AT PER SF �.3/ vCt7j aii� •00 PARKWAY EXCAVATION 3 15,110 AT PER SF 1.96 00 REMOVEIREPLACE IRRIGATION SYSTEM IN PARKWAY 4 24 AT PER EA. 559 . S'O OJ 48 REMOVE/REPLACE WATER METER BOXES 4l 5 AT PER EA. O REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 3,022 AT PER LF IF J� /C) ,00 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 3,022 AT PER LF /. ia 3 3 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 8,330 AT PER SF 0`O CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 9 3,022 AT PER LF6.�5 ��1� lS , O0 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) �' s � f;/) a 6 "7 Oo 10 AT PER SF CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 11 8,756 AT PER SF Y.y7 S`� l9 ;vim CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 12 114 AT PER TON .1-112 r; �7, 6 92 . oo CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 13 6 AT PER EA. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) F> 14 AT PER Lot. PLACE NEW PARKWAY TOP SOIL AND RESEED 15 49 AT PER EA. f 307. 73 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 16 49 AT PER EA. �3• vt tl 0j q67 13,365 COLD PLANE $` S 3 3 17 AT PER SF e 34 FURNISH AND INSTALL PETROMAT 18 ,200 AT PER SF / ONE & ONE-HALF INCH OVERLAY 19 308 AT PER TON .23 C-2s PROJECTProjectBidSchedule Oakgrove, Esta, Pratt, Ivory 4 ADJUST WATER VALVES //I -I , � � "s � Z0 AT PER EA. 3 ADJUST MANHOLES 21 AT PER EA. e ! �� 3� PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 22 7 AT PER EA. L7/�( '3f 3 6 Total Amount Bid in Figures: $ ya 7. 3 841 Total Amount Bid in Words: , C-2s J rr u 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 � A �Ort� in the amount of $ ` a,17 3 � 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 11 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. FPortion f WorkF Name and Address of Subcontractor State License Number Class ; iee_$ I ice' ��wV1 ��`1J�0 V I P6_0 n�S4. V ? _ YCe 5-evvICe .S0C7 C,17 CC( L i By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 U NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange -rl�n. (-/f /so 1-t, , being first dulv sworn, deposes and says that he or she is Or�i1 e ✓ of rgf /»cr, the party making the foregoing bid that the bid is not made in the interest of, or ow the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Sienatur'e of Bidder 7 I S_Z G.1�vh pr A ✓e t..�/o Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-4 Do avio, r® CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyoff V 1 LA4 u ty On V 11�t�u(, 0�f 2( Date personally appeared before me, V Tth10--ho JENNELLEINAAAONL COMM. # 1778521 z NOTARY PUBLIC - CALIFORNIAK a LOS ANGELES COUNTY My Comm. Expires Nov. 6, 2011 Place Notary Seal Above 0 K07/7 Ne*m, 1-W iv who proved to me on the basis of atisfactory evidence to be the persorVe* whose name(' is afre subscribed to the within instrument and acknowle ged to me that t=lted the s e in 's/ &mV eir authorized hat by ViheMheimr signatures on the instrument the person(@}; or the entity upon behalf of which the person(-s"cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of�fiC s M /�q Slgnatu /16 Signature Votary Public OPTIONAL Though the information below is not required by law, it may prove valqabV to persons relying on the document and could prevent fraudulent removal and reattachment oft form to another document. Description of Attached Documt a pp _ Title or Type of Document: NoNI1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT,!i OF SIGNER .. of thumb le,e e� �✓.-.v.-r, �,: .:, �✓.:✓LC_r, ✓.•,.<c�4:✓:C✓'.�'✓.:�✓:-r,.:�'.�✓.::✓.:U ✓ ✓✓.:G�✓.<✓.:.✓6�'✓.✓.v�.�✓..�✓_0:✓.�✓�.�✓.�: ✓ �✓.c✓..�: ✓.:�� UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: 21, C-5 Contractor Title r 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 0 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: �/9/0 C-7 Contractor 'Iry v Z By Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Lo Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name yi Sa ur,,1,n-e.r Avc -*-2rc Business Address ck City, State Zip (Zip`} YYo�1 }`—> Telephone Number State Contractor's License No. and Class off"AB Original Date Issued 1.2 0i/ Expiration Date The work site was inspected by �`� � �Y � Cie, A 5 of our office on /M�% ;Zp 2001-7 The following are persons, firms, and corporations having a principal interest in this proposal: AM 0 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ . NOTARY PUBLIC DID NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: , 1. C1�, J �J`•,n1,U'� Name and Address of Public Agency Name and Telephone No. of Project Manager:1�e, W n 5 7 /y - y,r - 3 i o -1 2 Fd Sriit,w �) ��. �ti^.'�('✓t'. C �'Pr� ,.L L r4J� P�C�G. rrti v� �, a Contract Amount Type of Work Date Completed 2. Cl �-Y , Se�L Or C,� / e,, §A s1" S e�.0 �lv�-4 Name and Address of Public Agency / Name and Telephone No. of Project Manager: R Q F 1-1 w5 yI _,/ -7 a 3 5� Contract Amount Type of Work Date Completed 3. 56 vo Fa,;- fay A Ve l ► 91e��� Pz �i � 05 iC Name and Address of Public Agency Name and Telephone No. of Project Manager: C�lr I S G(l 3 V 3 17 L/ y Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CountyJo�f// l JAA OnJV L q,_ to personally appeared J before me, rAQ o� `W'Q'" Va- 0 " " Y Here Insert Name and Title of the 1 M4 01f ) �l l j S � JENNELL LEINAALA VAN KOOY COMM. # 1778521 z NOTARY PUBLIC - CALIFORNIA9 uy+a LOS ANGELES CZ1`0 Y My Comm. Expires Not1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offig�ial seal. OPTIONAL ' ' Though the information below is not required by law, it may prove va ua e to persons relying on the document and could prevent fraudulent removal and reattachment of Is form to another document. Description of Attached Document Title or Type of Document:. 1?-,, 64 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing caj-y,g&�- RIGHTTHUMBPRINT°i OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT! :. ' OFSIGNER., : .. of thumb here 17,1011NI-1111 MEN Bond No. N/A The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we TTS ENGINEERING as Principal hereinafter called the Principal, and MERCHANTS BONDING COMPANY a corporation duly organized under the laws of the state of IOWA 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 AMOUNT BID Dollars ($10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Wit — Witness ORSC 21328 (5/97) 27TH day of May 2009 In TTS ENGINEERING Princ (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of TULARE On MAY 27, 2009 before me WILLIAM R. DADDS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared DONALD P . SHARP Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIG'HTTHUMBPRINIT _:OF'SGNEFt Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing PIGHTTHUMBF?Rwr _ IDESIGNM , •• of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 I Merchants.`Bonding Company (Mutual): POWER OF ATTORNEY Know Alt Persons By These Presents, that the MERCHANTS BON DINGCOMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office inthe-City of Des Moines, County of Polk, State of iowa,:hath made constituted, and appointed, and does by these presents make, constitute and appoint Betty Jb,Peacock, Donald P. Sham, Ruth l Elly of Visalia and State of California its true and lawful Attorney-in=Fact;_with full power and authority hereby conferred in its. name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety'.any and all bonds, undertakings, recognizances or other written obligations inthenature thereof, subject to the limitation that any such instrument shall. not exceed the amount of: FIVE MILLION 60,000 000.00) DOLLARS and1to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby.:as fully and to the same extent as if such bond or undertaking was signed by`the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of saiii Attorney -in Fact, pursuant to'the authority.herein, given, are hereby ratified and confirmed. This.Pow.er-of-ABorney is made and executed pursuant to and.byauthority of the following Amended Substituted and Restated'By- Laws adopted bythe Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLEX,; SECTION 8 - The Chairman of the Board or President or any Vice President,or;Secretary shall.have power and authority.to appoint Attorneys in Fact,, and to authorize them to execute on:behalf of the Company, and attach the Seal of the Company;thereto, bonds and undertakings, recognizances,.contracts-of indemnity and otherwritings obligatory in the nature hereof, ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile - to any Power of :Attorney 'or certification thereof. authorizing the execution and deliveryof any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such ,signature and seal when, so used shall have. the: same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDINGCOMPANY (MUTUAL)has caused these presents to be signed by its President, and, its corporate seal to be hereto affixed; this 8th 'day of October', 2008 . •AG. Co •e MERCHANTS BONDING COMPANY (MUTUAL) a QS- Cil ' y 1933 Z By STATE OF IOWA • • . ;., . President COUNTY OF POLKss. On this 8th dayof . October , 2008: , before the appeared Larry Taylor, to me personally known, who being by. me duly sworn did say that he is President of the MERCHANTS.BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and thatthe Seal affixed tothe said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed, and sealed in behalf of said Corporation`by:authority ofits.Board of Directors. In Testimony Whereof, I have hereunto set ply hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. - - - CINDY SMYTH !� Commission Number 173504 Nx rc My;Commission Expires 1 March 16, 2009 Notary Public, Polk County, Iowa STATE OF IOWA p� COUNTY OF POLK.ss- i, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is atrue and correct.copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 27TH day of MAY 2009 . • •' • •. a C�y� a k- _ -o- ? �c/� ✓/ :ems; 1933 e� Secretary POA 0001 (1/06) • �,`�lq' ';."' tr�•� City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC December 3, 2009 United Paving Co. 14660 Industry Cr. La Mirada, CA 90638 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Ciy-%h Wq-,j4R juWAj6t e New Zealand !Telephone: 714-536-5227 ► SEALED BID For RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT #455, PROJECT II In the CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 } SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT 11 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 ; J&e'o Vmd in the amount of $ 3!?, 7y3.00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM - :APPROXIMATE - NO.4 OAN tt W ITEKWITUNIf W PRICES WRITTEN INO kDS: PRIPE, TOTAL e:'."_ 44 REMOVE/DISPOSE OF PARKWAY TREES AT Ja1J,,,5.4, ../ f,86%k.,gbPER EA. 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 411,,, 4/e2 ,,,/ PER SF 3 6 - 3 15,110 PARKWAY EXCAVATION AT W. // Sr'-4,:yk de, PER R SF ;P 5/ ;L3 3.70 IL _,ge ogegol r 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY . 4 "sbPER EA. 55-5.56 /3,, 333•✓¢ 48 REMOVE/REPLACE WATER METER BOXES AT 33-33 5 PER EA. 3,022 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 11. 5'�-52 6 AT PER LF '-2 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 4:1 "Vle '* ao2z' 41rAv4-:s PER LF 67 8 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT PER SF 3 3c, ." w,) e�,� 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 9 AT LF '01111-le--f 7. '7!gr 5-3,731-14 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT,so��As®oPER 10 SF 11 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT 1� , / 4,, , � PER SF 'e -1-17 3'1� . 57.;z _ _ _ _, , , , -/, , 114 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 12 AT PER TON 14,9 - 99 � 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 13 ATOre ER ,IEA. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) AT -3:f8,. 14 4, =4'�P Lot. 49 PLACE NEW PARKWAY TOP SOIL AND RESEED 15 PEEA. 7A;1 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard ATzL,,/,�e 7 16 �;-/ 5 aR EA. 17 13,365 COLD PLANE ATre_10 xsv_4PER SFa-37 34,200 FURNISH AND INSTALL PETROMAT AT 0.117 xlf5 -e>o 18 7,re,,, 6nn, PER SF 19 308 ONE & ONE-HALF INCH OVERLAY AT , PER TON 0,_,4,, e-,w� C-2s MSC - 455, PROJECT II Project Bid Scheduie Oakgrove, Esta, Pratt, Ivory 4 ADJUST WATER VALVES 20 AT ado hN.Je�ita�d��wr� ��z�io cs PER EA. 3 ADJUST( MANHOLES � 21 AT PER EA. PREPARE PRE & POST -CONSTRUCTION CPRNER RECORD AND 7 AT oneirs, a�i� �./s���ra'�e�n �/4. PER EA. 22 Total Amount Bid in Figures: $ 7 pro. 86 Total Amount Bid in Words: C-2s In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Fork Name and Address of Subcontractor State License Number Class �riorc% Pvv�o d' J7®��r�e� �ov�s�• By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 i� � WK!, My, W11c! I r Wal i "t State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of Pd;1V'Co.Lx.IWIA Ada' /,she party making the foregoing bid that the bid is not made in the interest of, or on the be alf 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. di Name of Bid Signature of Bidder .3��0 6osar�G�i� .�vc.. `ram.-�nag.L'ea 9•�/ Address of Bidder Subscribed and sworn to before me this ---_,-day of , 20 _ NOTARY PUBLIC Aff NOTARY SEAL CALIFORNIA JURAT WITH AFFIANT STATEMENT X See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 State of California County of s A"5 .11 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this Ord day of 20e:5V , by Date Month Year Name ofSigner proved to me on the basis of satisfactory evidence ERIK SALDANA to be the person who appeared before me COMM1331on # 1786442 z Notary Public • California (and a Orange County (2) - (COPrYn.I3 resDec23,2011 Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared bef me.) Signature Signature of Notary Public Place Notary Seal Above 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 Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTWUMBPRINT OF SIGNER #1 OF8IGNER #2 ••• • Top of ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON (BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: e 3, ;wel c-5 Contractor Title 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? L1 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. ME 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: C-7 Contractor Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dk Alert Identification Number: 4o am Title Date: 3�5� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C;-8 BIDDER certifies that the following information is true and correct: Name Business Address Gam+ �iiuot G 15�01W31' City, State Zip ( 7/44 ) 7311—a�oo Telephone Number o65 or.-P'a - 4 State Contractor's License No. and Class i O �9/7ovH Original Date Issued is 9 /?oG11- Expiration Date The work site was inspected by /lo4gr74 64of our office on 2009 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of . , 200_ 4G NOTARY PUBLI NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 9O✓D✓1G,0 /1 S•D.---5%/S U Tdxr I . �°% ��.IBrIaS,. CA 9a9%% Nam and d Address of Public Agency Name and Telephone No. of Project Manager:�y,� %077 Contract Amount Type of Work Date Completed 2. Z c2 B,,eh !)•S . D. BPS" 6%%%✓ ,4ya . , L � Bc�c�� 9��10 N eam'and Address of Public Agency Name and Telephone No. of Project Manager: if/,��.. /�,�•,,/� ls��� r✓9� ��� Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager:edG �� %�vl•5o G�� i�4, .9 "A --a payi� -71/7Z0% Contract Amount Type of Work Date Completed C-& 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT �� ,v�vs�C!s�` �. c�S...�. �a �'✓.a vaS c�..sa..T�� s�N..--' ��� � ,TG�vc ��s� .at�a.. - ���a s� ��!.�',-�i.aC�a �a..�t,.aa' ,] See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Lvs ���14s 'lod"M ERIK SALDANA Commission # 1786442 -rd Notary Public - California Orange County Comm, f:�a�lres Dec 23, 2011 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 3r� day of 20 Dom, by Date Month Year Nam of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared be a me.) Signatur Signature of Notary Public Place Notary Seal Above OPTIONAL - Though the information below is not requircd 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. Further Description of Any Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 ... . - •p of 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Superior Paving Company, Inc. dba United Paving Co. 14660 Industry Circle, La Mirada, CA 90638 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, Iowa 50321-1158 a corporation duly organized under the laws of the State of lawn as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 (Here insert full name .and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid (10.0%of Amount Bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Contract No. 455, Project Il: Reconstruction of Various Residential Streets Maintenance Service City of Huntington Beach (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with 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 >y said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd day of June, 2009. (Witness) �i.k✓ •� Superior Paving C'fnpa5yrnc. dba United Paving Co (Principal) (Seal) (Title) Ti✓j er ant on i g o an Mutual ty (Seal) (Title Step anie ham Attorney -in -Fact BID BOND AIA 0 FEBRUARY 1970 ED THE AMERICAN OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange r On � , I q before me, Lisa Roper, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Pham Name(s) of Signer(s) € _ OAt_IFORNiAS R 4 ouNTY 5iy 6. 2011 Place Notary Seal Above Though the information below is not required bylaw, it may prove valuable topersonsrelying on the document and could prevent fraudulent removal and "reattachment of this form to another document. who proved to me on the basis of satisfactory evidence to: be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the .entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true .,..A .... rr..i.t Description of Attached. Document Title or Type of Document: Document Date Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ individual ❑ Corporate Officer — Title($): ❑ Partner —.n Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Narne:. ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — El -Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave:, RO. Box 2402 • Chatsworth, CA 91313.2402 • mmw.NationalNotary.org item #5907 Reorder: Call Toll -Free 1-800.876-8827 MERCHANT? 77 k BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made constituted and appointed, and does by these presents make, constitute and appoint Eric Lowey, Mark Richardson, Stephanie Pham of Costa Mesa and State of California its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN MILLION ($7,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 13th day of April , 2009. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 13th day of April , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seat at the City of Des Moines, Iowa, the day and year first above written. r CINDY SMYTH 16 Commission Number 173504 (/ cW My Commission Expires UU March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of June , 2009. Secretary POA 0001 (1/09) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 3, 2009 All American Asphalt P. O. Box 2229 Corona, CA 92878 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Jo n L. Flynn, CMC. City Clerk JF:pe Enclosure Sister Ciii j�y��}eg�/,��{�e�g� New Zealand ( Telephone: 714-536-5227 ) ce t I I i V-1 00 2M Jf)'sl — 4 Pil 1: 4 7 i S 10 0 SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon .the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 BI.DDER, 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 "6ader'5 &AV in the amount of $- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash".,- "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 11 Addenda No. I Date Received I Bidder's Signature 11 C-2 MSC - 455, PROJECT 11 Project Sid Schedule _ .. Oakgrove, Esta, Pratt, Ivory fTEM'_ ..APP_ROXIMATE. UNIT,:= NO:'. QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL .: 44 REMOVE/DISPOSE OF PARKWAY TREES 9�, fSt7- _ v�D�SSD.U� 1 AT S1 Gtr uz l Z�'OC¢ec�PER EA. 8,756 REMOVE/DI POSE OF P.C.C. SIDEWALK CURB RAMPS INCL.) - AT �i 3� 2 ar l J, PER SF 15,110 PARKWAY �EX �//CAVATI AT&rJ)p7A.lQdV PER SF 3 24 REMOVE/REPLACE IRRIGATION SYSTEM �I��N7PA,,��R.K��WAY AT �u s� s j lc21 OD, UD 4 5cvft LZepD uaiw E R EA. 48 REMOVE/REPLACE WATER METER BOXE d 5 AT PER EA. 3,022 REMOVE/ ISPOSE OF CqRB AND GU AT ER(CURB RAMPS INCL.) j�)�S3'�. 6 PER LF 3,022 REMOVE/DISPOQSE OF ASPHAL C/1ON RETE (Gutter Slot) AT �Wo�s�l(�arS �i.1r�. 7 7 (`1�1� l' PER LF 8,330 REMOVE/DISPOSE OF P.0 r— DRIVEWA AT �'tlr2 PER b5.__...-.f �7 �� ©< 8 1WD �Xi QYI SF 3,022 CONSTRU T P.C.0 CURB AND GU TE (p Standard Plan 202) AT � 7�-- `/J1 9 S PER LF 8,330 CONSTRUCT P.Q.C. DRIVEWAY (per Standar PI n 209) AT l cr �5-- , /� (� C� 7� 8 10 (/ PER SF i 8,756 CONSTRUCT P.C.C. SIDE AL ,per Standard Plan 207) AT 3, 9S �3� r% ��' 6-0 11 1 0 PER SF 114 CON TR T ASP AL CON RE E UTTER O AT Ci�TON0/ er andard ,s /I t- 12 13 6 CONSTR CT HEEL CH I AMP ( er Standar la RS A88A) AT 0 �Q QJp� 4MEA. I �c —d`� y FURNISH/INSTALLL ROOT BARRIER (2) EACH LOCATION (per 49 Standard rlpn 718) f- AT arb � 90,00 51 14 p PER Lot. 49 PLACE EW PARKWAY TUPOVILA�JDRESE-,r�,�/15 AT �_ . zX 0 ! l�� PER EA. o21d, o?1 49 FURNISH, EXCA ATE & PLA. 1 ALLON THEoptandard16 AT �%�EA. W, 13,365 COLD PLAN AT FGVL �cCI�.....: .11/3�doJ 17 PER SF 34,200 FUR=1SH AND INSTALL PETRO AT �n i18 ATVc�114�S1�V1(.)/� PER SF 19 308 ON ON -H F INCJ�JVRLAY AT �f 74rD PER TON �� � C-2s MSC - 455, PROJECT If Project Bed Schedule, Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATE -----UNIT NO. QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 4 ADJUS _. WATE VAL ES d ��y� AT 1 ,y�C` of J 16W 20 �l�p Mrs PER EA. 1 3 ADJUST MANHOLES f�yj r C- 21 AT G GG/�"'P E R EA. PREPARE PRE POST-C NSTRUCzI Ec RECORD 7 AAND AT q� ���S DD 22 Total Amount Bid in Figures: Total Amount Bid in Words: (tars an a &ivis LIST OF SUBCONTRACTORS in accordance with Government Code Section 4104, the Bidder shall set forth,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. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is _not -.covered; in the above subcontractors listing. - 2. That the AGENCY will be furnished copies of all subcontracts entered into-_-and.bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH -BID. State of California ss. County of Orange— �k tye c., 661ae +- iOrd&T — , being first duly sworn, deposes and says that he or Rlie is V 1,zgcv,e Pri.Arm+ of Aj\ Arnwi if -an A5j2VWj+ 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, -. aid; 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. of 'Bidder ure of Bidder 4 ddress of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC �. 5 e� ✓-�1'u�Ut�d env is 1 �urc�-�' -�m(� i'ra.�or C-4 CALIFORNIA .JURAT DE88IE A. MATSEN Commission # 1775685 -� Z Notary Public - California z ` Riverside County MYCorrxn. E Nov 22, 2011 r Place Notary Seal Above By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature 0.7r�� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Document Date: June 2, 2009 Number of Pages: 1 Signer(s) Other Than Named Above: None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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 performedinaccordance 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: juvit 21 aooq MIJUMIL610i R.010!3rt T5raal-e y ViC,e Pre5iA + 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 ANo 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.:cvery 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 66mply- with such provisions before commencing the performance of the work of this contract: Date: 6 we a, 7--- 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: Ll Title Note: This form is required for every Dig Alert Identification Numher issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 U BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R11 G meri Bidder Name p. b - Znx a as cl Business Address C-e) ✓1 G , CA °► a aa9 City, State Zip Telephone Number Ia-Z 1)-7?> A C—I L State Contractor's License No. and Class Original Date Issued I -bl a b1D Expiration Date The work site was inspected by Jr Ln P--6 in of our office on �e , 20 0 Prgjea-VwK,ryr The following are persons, firms, and corporations having a principal interest in this proposal: DW 'p. 51:5emoie- O!Y2illeVli- 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. - (�l m&i Can t+ Company Name Signature of Bidder Printed or Typed Subscribed and sworn to before me this day of , 200_ . -t See R+i4ECKPd NJ t i Q 0_gvut Crc m 60N-tra&0r- NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies__for, which the bidder has performed similar work within the past two years: jee PtlaC Vaoe Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type. of Work Date Completed C-10 CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to (w QffiFmad) before me on this 2nd day of June 2009 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) DEBBIE A. MATSE (and Commission #r 1775685 Notary Public - California Riverside County (2) WCWrm.80WN0v22,2011 Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: June 2, 2009 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here "2008" PAST WORK REFERENCES City of Irvine One Civic Center Plaza P.O. Box 19575 Irvine, CA 92606-5268 Contract: �Kal Lambaz, (949) 724-7555 City of Anaheim 200 SouthlAnaheim Blvd. Anaheim, CA 92805 Contact: Sean Razmy, (714) 765-5069 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount: $3,445,289.40 Start: 1 /2008 Completed: 6/2008 Anaheim Blvd. Improvements Contract Amount: $278,391.00 Start: 4/2008 Completed: 6/2008 Superior Avenue Improvements Contract Amount: $862,862.00 Start: 1/2008 Completed: 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Contact: Luis Estevez, (949) 461-3485 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ed Torres, (714) 647-5018 Street Resurfacing & Slurry Seal Contract Amount: $1,638,523.00 Start: 2/2008 Completed: 4/2008 Santa Clara Avenue Improvements Contract Amount: $2,219,523.00 Start: 11 /2007 Completed: 3/2008 ®D Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 DID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto of Huntinvton Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Various Residential Streets Maintenance Service Contract #455, Project 11 Bid Date: June 4, 2009 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th Witness Witness day of May A D 2008 ALL AMERICAN ASPHALT (SEAL) Prin al , 4L Q(jle r Title VICQ 0-61 CWW FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) 4EN M. BROWN 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On June 2, 2009 before me, Debbie A. Matsen, Notary Public Date Here tnsert name and Title of the Officer personally appeared Robert Bradley NameV of Signer(,4 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/shre4hey—executed the same in DEBBIE A. MATSEN he ,��_:`r- Commission # 1775685 his�ir authorized capacity{ies}, and that by his/ -,� Notary Public - California = signatures) on the instrument the persons), or the entity upon behalf Riverside County of which fhe person(s) acted, executed the instrument. My Comm. Dqkes Nov 22.2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature G . 7m alzki�2 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond, City of Huntington Beach Document Date: May 28, 2009 Number of Pages: 1 Page Signer(/d) Other Than Named Above: Owen M. Brown Capacity(ies) Claimed by Signer) Signer's Name: Robert Bradley ❑ Individual Corporate Officer — Title($): Vice President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: All American Asphalt Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here State of California County of ORANGE On 5-28-09 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Here Insert Name and We of the Officer personally appeared OWEN M. BROWN Name(s) of Signer(s) BARBARA J. BENDER Commission # 1801899 } Notary Public • California. Orange County -MY-Comm. Expires Jul 1 rQ.4 BARBARA J. BENDER Commission # 1801899 Notary Public - California Orange County 13, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/M subscribed to the within instrument and acknowledged to me that h executed the same in hisA§MNW authorized capacity(' ), and that by hi signature(as) on the instrument the persons), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of 004prnia that the foregoing paragraph is true and correct/ I _ _ WITNESS Signature .... a7s1 iTl Sl-tl � c - 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: 5- Signers) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer(s) Signer's Name: OWEN M . BROWN ❑ Individual 0 Corporate Officer—Title(s): ❑ Partner -- ❑ Limited ❑ General _ _ Attorney in Fact W. ❑ Trustee Top of thumb here El Guardian or Conservator ❑ Other: Signer. Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Number of Pages: Signer's Name: 0 Individual ❑ Corporate Officer — Title(s): D Partner — ❑ Limited 0 General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - OF�SIGNER i 02007 National Notary Association • 9M De Soto Ave , P.O. Box 2402 -Chatsworth, CA 91313.2402 • ww+v NalJona1Notary org Item #5907 Reorder: Call ToMee I-M-87 M27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e dds by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and for act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al a takings, and the execution of such bonds or undertakings in pursuan Q 1 s, s "_ on said Company, as fully and amply, to all intents and purposes, as if t xe ute ged by the regularly elected officers of the Company at its office in BaI ' rj heir r r This power of attorney revokes that issued on behalf of Owen M. BR�C> � at ru l/ It The said Assistant Sb, Section 2, of the By-LM WITNESS WI affixed the Corporate December, A.D. 2004. ATTEST: �p 9EPOS� a �A y at the extract set forth on the reverse side hereof is a true copy of Article VI, .y, and is now in force. [ r0l`, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 11...������T . ie ��, :....:..�� Ile cif=.r'C��;f AG .••F. ,�,L Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-4160 City of Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 3, 2009 Imperial Paving Co., Inc. 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister CiY%,At lgaJQR erurWAlj6*eWj New Zealand ( Telephone: 714-536-5227 ) I !�,! 2099 1 14 PH 1: 48 -pre I-46--s qvu-lo Fw t; C1'r O F 4 L?krr#.AG-ro j 1-ry Cueve#4 -2 - -A+ -#% - . SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL, STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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, findalc -,2e--p in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check"er'" il3 rirs deB" as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 MSC o 455, PROJECT II Project Bid Schedule Oakgrove, Esta, Pratt, Ivory A.I� '. ��/�/yI f a 1 A Yt Z"� '�T�f `,t "�...5 'tb �w r � y. S ��� Sl,d k, 4'•" u"IY lkl �=kir'�"�dyt �" 1ClM l �,a'^�-...�'f�`xc� -` A= 44 REMOVE/DISPOSE OF PARKWAY►-� T1�3EES ``��'tita--1 1�✓L -7 00. - 30, Soo 1 1` F ATR EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 8,756 AT 0..3�_- PER SF PARKWAY EXCAVATION 3 15110 , AT %moo po%_p.,eS PER SF 2 o - REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 24 AT 0,3%� 'T�tw�-� ��� ��u_c,ies PER EA. on - 2-I tcc.' 48 REMOVE/REPLACE WATER METER BOXES 5 AT O.4 �-+w•.�ti��-ra too u ,�.e s PER EA. p - REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 3,022 AT %�Lw- %P-•a PER LF I - F. - REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 3 022 AT oar i7ou AW_' PER LF I. - 3 C22-• - REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 8,330 AT PER SF - 8 33C• CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) i7 9 3,022 AT PER LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 10 AT �v_ 1�ou�S PER SF CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 11 8,756 AT r( VV4 • ��Ol.l S PER SF - anEip CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 12 114 AT tJoL►p�*zS PER TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 13 6 AT %.moo T �sa.��� DU A-P1125 PER EA. pod . - 12 Coo • FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) 1 oo • -lion. — 14 AT ( "E (-)p %, %_ A,, a-, PER Lot. 4ef- a .c- PLACE NEW PARKWAY TOP SOIL AND RESEED L 15 49 AT 1 F4.2rT t +�a.�ort �-�� V-?o%_ ,a,2S PER EA. - oo . c FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 16 49 AT Twu PER EA. 270. - 13 L� 13,365 COLD PLANE. 17 AT PER SF ..40 S 3H LC FURNISH AND INSTALL PETROMAT -5- 18 34,200 AT PER SF .15 �Je. C_ ONE & ONE-HALF INCH OVERLAY 19 308 AT ha�E Nv..��rz.-� r=�y� Dag& s PER TON / D s 32 54D. C-2s 1 MSC - 455, PROJECT II Project Bid Schedule Oakgrove, Esta, Pratt, Ivory :.. IMP Ti 'PxY S .dNip ti 1 `i .I- _ R*'.IC.+ Eg.S�42il11R�'ESy' aL UNITjCf�l ORS$ S'PR1C IT xOTjI 4 ADJUST WATER VALVES 20 AT o,�e PER EA. l2s • 57�C�• — c� 3 ADJUST MANHOLES 21 AT poi- tte PER EA. 70D . — Z, lev. PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT �o v,�z 1,,,,,-�,z e•� t7u �� �.es PER EA. 22 _ Total Amount Bid in Figures: $ Q>Z 4 ,5D. — Total Amount Bid in Words: I T4h¢E3F— C It, 0,yL4t+c� sa„_» , vie "DDLL'o 2S C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 410, 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 1APJ0 - spa V 4 E Ti2e7e �-i¢v tc� ., 12 A i Gx c rF-�� C 2-7, I ���el CC A SI�aC> S 88 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California ss. County of Orange being first duly sworn, deposes and says that he or she is 7'.-,Y2-I of 1 t-- t AI - pjn' i.—t �--, 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. I nVk-- "No'- A N e of i r Si afar i erAll- W--P--Aa-r-T- Cx)L. j -.1s Address of Bidder Subscribed and sworn to before me this day of t,,,i5 , 20 NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE COD i , a, y State of California County of LOS ANGELES On 6 -4- P'% before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASST. SECRETARY Name(s) of Signer(s) FRITZ OOW COY Commission # 1801776 Notary Public - California 2 Los Angeles County My Comm. Expires Jun 15, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name) is/aiaXsubscribed to the within instrument and acknowledged to me that he/s!59I � executed the sarr e in his/I ffi4i�authorized capacity( ), and that by his/11,MMr signature( on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Sign lure ubiic 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 reattachmentof this form to another document - Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CI Individual ❑ Corporate Officer — Title(s): — _1 Partner---' Limited ❑ General _I Attorney in Fact _I Trustee Guardian or Conservator Other: Signer Is Representing RIG HTTHUMBPRINT :O 4S1GNER,,_ Top cf thumb Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): Partner — D Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator I Other: Signer Is Representing 0 Top of th�arnb here I I 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 - Chatsworlh, CA 91313-2402- vrAv.NationalNotary.org Item g5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: Jt1.,lC C-5 1--Iz,E3&nr A SST �FT.�V Title 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes J'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. Title Date: 6 -j- P '� 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: Title Date: & ---,/- P'%F 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 W A BIDDER certifies that the following information is true and correct: 4 V /-j Bidder Name Business Address City, State Zip (5W—) q3'4— 0'?75" Telephone Number ZG-G, 570 A State Contractor's License No. and Class /2 -1 7 - 1 l- 7c) Original Date Issued Z -- 7-g - Expiration Date The work site was inspected b of our office on , 2001 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 1 1 1 1 e 1 1 1 I 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. /MP�1AL PA V)-j;,-,' i.` C Company Name i = " ignature of Bidder �r�:n-r G'� L� /.� 5, J°C S`,>T SL-7.1�'T.4�e✓ Printed or Typed Signature Subscribed and sworn to before me this -// �'Iday of , lVIJ 6 , 200 �1 . NOTARY PUBLIC 5&� , /4 -TrAG� r NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On L�, --`1/- o I before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASST. SECRETARY Name(s) of Signer(s) FRITZ DOW COY Commission #t 1801776 Notary Public - California Z Los Angeles County My Comm. Expires Jun 15, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name) is/amEmubscribed to the within instrument and acknowledged to me that he/~MV executed the same in his/l giWauthorized capacity( ), and that by his/h4iftiKir signature( on the instrument the person(, or the entity upon behalf of which the person(�4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my pband and official seal. Signature s Signatur otar Puo6 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual Corporate Officer —Title(s): -1 Partner —'_' Limited D General `I Attorney in Fact ❑ Trustee 1 1 Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT; _OF SIGNTop of thumb here ERi _ Number of Pages: Signer's Name: [-1 Individual ❑ Corporate Officer — Title(s): Partner — 7, Limited ❑ General ❑ Attorney in Fact ::] Trustee L Guardian or Conservator -! Other: Signer Is Representing 0 Too of tnurn D here I I i i Oc 2007 National Notary Association- 9350 No Soto Ave., PO.Box 2402 -Chatsworth, CA 91313-2402-www NanonalNctary.org Item #5907 Reorder. Call Toll -Free 1-800-876-6827 STATEMENT OF EXPERIENCE 1. Agency: City of Brea 1 Civic Center Circle Brea, CA 9282 i PI-oject: Traffic Management flan Valuation: $80,000.00 Completion Date: 9/30/08 Contact. Brian Ingalllnera Phone Nu-mber: (714-) 990-7667 ? AI - cy: City of Palmdale 38250 Sierra Highway Pzln)dale, CA 935 S0 Project: 2008 Street Resurfacing Program Valuation: $2,692,000.00 Corripletion Date: 9/30/08 Contact: Mike Livingston PhorseNumber: (661) 267-5312 :. Agenc-y: City of EI Centro 1275 Main Street El Centro, CA 92243 Project: Dogwood Avenue Phase 11 Valuation: $4 29,00.00 Completion Datp: 9/30/08 Contact: Abraham € ampos Phone Number: (760) >36-8520 City Off Whittier 13230 Penn Street •Whittier, CA. 90'05 P r=e4t: CDBC Target Area Surface Trcatn�t Vt_luation: $81,000.00 Completion Date: 5/3(}/O0 Contact: sUnn-y. Ng Phone Ntimber: (562; 945-4200 41 •_. 9L!.r.,t.., ,.'J .� r' f t _H .:'s, ..:.« .:.l f` �t�.zti:lii�} 7;� si G�...'Dd6 1i-_1,...Ct E,C< � '' I [ti5 �}!, R l'�;'Ff l�lf � _ '.IJ�, .. ..1 ri f,i .^ I^� •i%i(.�.-. 4 51 '?1 .'•k v�l •'!'.f .i': 'i il<< Sy �•��::�f�• ; !'.../ +�fl i1�( .. A 1 d City of Alhambva 11 South First Street Alharribra, CA 9180 1. : : 51 ")jec ." -t Athiritic Blvd Phase if Vallia-tion: $98%00.00 Completion Date: .5/30/000 �-ontact: Amanda Eitef P-11c)-ne NUmbei: • (626) 570-5.06-2 Ag City of oral Bet ch 11 18 Street Seal Beach, CA 90740 prqject: L Main Street. Lots VJ-uation: $ 31 55, 0 0 0. 0 0 C onipjetlon,Date: 4/3 C/o 8 ontact: David SDitZ Phone Ntmnber: (562) 431 --2527 'i'-,/ of Lake forest L I res' 2550 Cothillercentre Dr, Suite 1011", Lake Forest, CA 926-310 1ject: AC imptoven-tents- West of Toledo Way ('Q V i aivation'627,000.00: 'D Completion Date: 12/3, 1/07 Contact: Bill Seitz PhOne Nuiniber: (949) 472-3505 City of Lake F.,,-,,L-est 2550 Conamercentre Dr, Suite 100 L a'K c Forest; CA. 92630 'Impro-ven-,ents East of Toledo V,, 1 tatio-n- "671,000.00 b-, r,,jeti 12,13 1/07 on Da&,: .Z PliOl-IC T',klmber-, (949), 4721-350f.- 2 3 c . P , UlenCV: city Of Whittiti, 3230 Penn Street Whittier, CA 90605 Norwalk Bly�';*' Valu.ation. $285,000.00 Conipletion Date: 9/30/07 Contact: Sunny Ng Phone Number: k562 ) 945-8200 .10: Ag-ency: City of San.Di7nas 245 E. Bonita Ave San Dimas, CA, 91773 ri-Oject: Alleys 40" and"W"' V;-.-tluation- 118,000.00 Completion Date: 8/30/07 contact: Scott Yanagihara Phone Number: (909) 394-6246 of PaIni Spri Y. C; 3200 F_-. Taliquitz Canyon Way Palm Springs, CA 922263-2743 A reject: 2005/2006 ARHM Overlay Valuation: $650,000.00 Completion, Date: .3/30/07 C'ontact, Mike Lytar Phon-c NUinbc: (760) 3363-825*3 -,8734 A Z� -icy: -1PI City of HUntington Pai - 6550 Miles Ave Huntington Park, CA 1)0255 improvement of Pacific Blvd. Valuation: OP209,000.010 Completion "at e: 31 3 -3 / 0 7 Patrick'7%: one Nurnbof: 3' 7 2 4 2, 1".) 19,444- 4 Project. Vdiation: Corripletion Date: C-antact: Phone Number: J'. Project: Va'=bon: Completion Ditte Contact: 'hone Nwuber: City of Orange N 0 E. Chaprilan-.Avc. Orange, CA 928 ) 66 santiag Right'Rlm Lade Inabrove-Ments $125,000.00 10/3.1/06 P--indy Nguyen (714) 744-5531 Cit-v of Diu non,11 Bar 21825 Copley Dr. Dianiand Bar, CA 91765'-4178 Neighborhood Traffic Management Project $135,000.00 10/3 ) 1/06 Jorge Garcia (909) 839-7046 Ai-mc— City ot"San FerTIEUPdO acne! San Fernando, C-A 9134.0-2993 Library Strtel&r. Alley In-iproverne.1jis Valuation, $ 31 3 15, 0 -0 0. 0 0 Completion Datle- 9/3 1/06 Manuel Rd iam Phone Number: (9 18) 898-124 -11 V 4, 4. •4' 0 1, •3, 4p 2t Fa.x '94!a;1' i T J" c— F; Of)f, T�, 1� 1 The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Imperial Paving Company, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of Amount Bid 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Reconstruction of Various Streets the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into, a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of. this Bond or the difference between Principal's bid and the next lowest bid for the Project whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of m4y 2009 I i OpWi pafiV, Inc. BY: (Witness) F Frincipal ITS: fLcPa2r C.c�L� ►,,,� Rs5-r SAC 2► The Guarantee Co any of North America USA BY: Wi iam yr ' Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On. tv--1 -ce1 before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASST. SECRETARY FRITZ 00W COY '_'l Commission # 1801776 a llotary Public - California xz Los Angeles County il My Comm. Expires Jun 15.2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name) is/aYAEXsubscribed to the within instrument and acknowledged to me that he/sXi;?4Id W executed the sarrie in his/hU i�Xauthorized capacity( ), and that by his/hhtKMNr signature( on the instrument the person(), or the entity upon behalf of which the person(!N acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off I seal. Signature Signature o otary OPTIONAL blic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ Partner —'=1 Limited ❑ General ❑ Attorney in Fact ❑ Trustee 71 Guardian or Conservator JI Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHTTHUMBPRINT OPSIGNER .. of thumb here ©2007 National Notary Association- 9350 De Soto Ave-, P.O. Box 2402 •Chatsworth. CA 91313-2402-www.NationalNotary.org Item k5907 Reorder: Call Toll-Free1-800-876-6827 CALIFORNIAqk� A . 7d '•� • ��.. i?. 7? ..i� W .:•D oO. '�a. ? i?.w J. G�.�..'•� fiA n=A A. r� �F :?... Z.�..Y? State of California County of Orange On 05/18/2009 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that o „o he/s+�/Ntey executed the same in his/bsr,4#ei authorized EV•Fk �. HAaS-BgT'ES capacityoes), and that by his/herAhei signature(&} on the (� comm. # 1796169 � instrument the person(&} or the entity upon behalf of t NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY which the personacted, executed the instrument. g4FORN� COMM. EXPIRES APRIL 22 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above 'Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General ❑ Attorney in Fact El Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMSPRINT Number of Pages: Signer's Name: E ? Individual GI Corporate Officer — Title(s): _ Partner — O Limited ❑ General Ll Attorney in Fact C Trustee Guardian or Conservator O Other: Signer Is Representing: RIG" TiiUMBPRINT ..�t36xsfGFdEA:' _ _s Top of thumb here 02007 Natronal Notary Association • 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotaryorg item #5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA SouMeld, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attomey(s}in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may, be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 a day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary; shall have power and authority: 1. To appoint Attomey(s)4n-fact, and to authorize them to execute on'behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. in connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Attomey4n-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31 d day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused ee this instrument to be signed and Its corporate seal to be affixed by its authorized officer, this 13th day 7 of November, 2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA p4 e STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 13th day of November, 2007 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swum, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. E, ,N Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland _ kl1' Commission es February 2012 Actingng roin Oakland County � V' 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 18th day of May , 2009 WTE*CO 6J 4'o w y G�3T Randall Musselman, Secretary City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 3, 2009 Ruiz Engineering Co. 1344 Temple Ave., PO Box 4177 Long Beach, CA 90804 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cieci New Zealand ( Telephone: 714-536-5227 ) SECTION C PROPOSAL, for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 e.1' "in the amount of $ ©% ei (which said amount is not less than 10% of the aggregate of the total bid price, as req fired 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 MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM iVO._ APPROXIMATE ergs, tFIjm UNIT y QUANTITY ,gip T, RIP 44 REMOVE/DISPOSE OF PARKWAY TREES 1 AT k"A49A 4-wo,� PER EA. 8,756 REMOVE/DISPOSE OF P.C.C. SlDEWALK (CURB RAMPS INCL.) 2 AT &,tk ) PER SF 15,110 PARKWAY EXCPVATION AT IV - -.& PER SF C) :C) 3 I (,,J xjt, 24 REM E:/REPLACE IRRIGATION SYSTEM IN PARKWAY cor, 4 AT PER EA. 48 REMOVE/REPLACE WATER METER BOXES 5 AT rjev\ PER EA. 3,022 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) AT. 0 6 Cx"i C PER LF 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) — 7 AT PER LF 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT 8 PER SF 3,022 CONSTRUT P.C.C. QRB-AND GUTTER (per Standard Plan 202) 9 AT .1—, 00t Q,-_kPER LF Si LhA 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) �U 10 AT � P PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 11 PER SF 114 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 12 AT__4mLjt F'LK%,,_ - PER TON Z e:2 S'c)ea 6 CONSTRUCT WHEEJLHAIR RAMP (per Standard Plan RSP A88 L17 13 AT e , kA" EA. so FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 71 S,,v" rkl�E"_ q3 L4 S� 14 Lot. ,_TS , 49 PLACE NEW PARKWAY TOP SOIL AND RESEED 15 AT _a2q 7 PER EA. 7, 3 '90 - ,On' 9 FURNISH, EXCAV4TE & PLANT 15 GALLON TREE (per Standard 16 !LA 9, TA AT+Wl K\;±4 f_\j .,e PER EA. 2 Q. ) `2, 25v 13,365 COLD PLANE AT PER SF TS 17 34200 FURNISH AND INSTALL PETROMAT 18 , AT PER SF S 19 308 ONE & ONE- INCH OVERLAY AT " 1,,,* �- R TON I -7 9 "76 o1 2 3. C-2s MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEMVAPRROXIf�iATE UNIT T F T U N�Id IT --R 4 ADJUST WATER VA VES J1,6valv. PER EA. 20 AT-,4r� 3 ADJUST M S EA. 21 ATT LUa_ PREPARE ER RECORD AND 7 AT PER EA. 22 Total Amount Bid in Figures: :[�--7-7, -3 -S:�J ITotal Amount Bid in Words: 5f 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 AFC VE r xt 2-L i,cCA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of CF15 &dc b ,. %Zt c (`Z , being first duly sworn, deposes and says that he or she is _-A- pa rtil e of kU l Z 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. g(117— �1VC1NEU RAN 67 G . Z Name of Bidder l Sign of Bidder 13v q Win, nle A-C.. Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC C-4 NOTARY SEAL Am 4�5 A J -.4 n ,n . Onmipd= of capadtiow) oldow by S -AYK]—L-� UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL, STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: 6 q - C) C/ C-5 9 IZ (E`7lN�T2t%�Cm Cnntmetor Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? CW— Cl Iles U'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: 6' -(-/ --c 7 C-7 Contractor UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name nc! Business City, — State Zip .SIZ ) (139-30 -7 0 Telephone Number 7�-Y z :3 eel State Contractor's License No. and Class 061 Original Date Issued q--30 -- z of / Expiration Date The work site was inspected by #Kk, /2"" Z of our office on ( — , 20 C C/ The following are persons, firms, and corporations having a principal interest in this proposal: 9de i2,c6 z EdJ� /2,tc�; ?_ ,- 0,, Au,, Z .Jo y A I t Z 7 I2_ 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. RUIZ � �iiNc��� �� ca Company N Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: lettlq 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed RUIZ ENGINEERING CO. ASPHALT GRINDING & PAVING 1344 TEMPLE AVE., P.O. BOX 4177 LONG BEACH, CA. 90804 PHONE (562) 439-3070 FAX (562) 434-6350 JOB REFERENCES OWNER JOB AMOUNT DATE City of Bell Home Ave. St. Improvements $ 20Y1907 00 "Oor- p41 6330 Pine Avenue A.C. Overlay Project Bell, CA. 90201 Project # 04-525-3737-0984 Carlos Alvarado (626)960-1889 City of Gardena Gramercy Place Street $ 227,438.00 June 2008 1700 W. 1627d Street Improvements -Marine Ave. Gardena, CA. 90247 3778 to Redondo Beach Blvd. Jun De Castro JN 793 (310) 217-9642 City of Cerritos Construction of Street $ 597,527.00 December 2007 18125 Bloomfield Ave. Improvements in Residential Cerritos, CA. 90703 Street - Various Location Rash Syed Project # 14088-07-01 (562) 916-1221 City of Orange Annual Street Overlay $1,473,488.00 October 2007 300 E. Chapman Ave. Various Locations, Phase U Orange, CA. 92866 Bid # 067-36 SP3591 Alan Truong (714) 744-5573 City of Gardena Halldale Avenue $ 345,877.00 May 2007 1700 W. 162' Street Improvements Gardena, CA. 90247-3778 Project # 795 Jun De Castro (310) 217-9642 City of Cudahy Cecelia Street AC Overlay $ 57,300.25 March 2007 5220 Santa Ana Street Project from Wilcox Avenue P.O. BOX 1007 To Ferndale Avenue Cudahy, CA. 90201 Project No. 251-7034-6725 Carlos Alvarado (626) 960-1889 City of Cudahy Olive Street AC Overlay $ 59,437.10 February 2007 5220 Santa Ana Street Project From Otis Ave. P.Q. BOX 1007 To Salt Lake Ave. Cudahy, CA. 90201 ProjectNo. 230-7033-6725 Carlos Alvarado (626)960-1889 JOB REF EMCES OWNER DA City of Ling Beach,lop Fly 333 West Ocean Blvd. Cif L "d SftVat $1,084,728.00 D00—ber 2006 LOM Beach, CA-90802 Area 3 & 4 Douglas G. Mdapedin (562) 570-6964 City of Pico Rivera Street bVrovement project $ 623,951.00 Aug6st 2006 6615 Prisons Blvd (Cape Bead Project) Pico Rivera, CA 3645 Project # 21172 Juan Balanay (562) 801-4415 City of Paramount Neigdabod=d St. iaMprove.meetift $ 575,959.00 June 2006 16400 Colorado Ave, Various Street kaprovements Paramount, Ca. 91YM Project # 9643 Kenny Riggins (562) 908- M City of Huntington Beach Various Residential Sty Overlay S 1,645,786.00 February 2006 2000 Main Street Msc-426 P.O. BOX 190 Huntington Beach, CA. 92648 Duane Wentworth (714) 536-5517 City of Glendora Grinder Overlay Project 2004-2005 ,677.00 August 2005 116 East Foothill Blvd. Various Locations Glendora, CA. 91741 Project Plan # 863 Carlos Cisneros or Bardia Rsstan (626) 914-8251 City of Beverly .&fills lYnprov ems to Wncellaneous $ 932,935.00 May 2005 455 North Rexford Drive street North of Sunset Blvd. Beverly Hills, CA. 902104817 Pwject: 040014372 Vincent Chee (310) 285-2504 City of Cudahy Otis Ave. Overlay $109,434.09 December 2004 5220 Santa Ana Street (Salt Lalw to Clara) North Section Cudahy, CA. 90201-6024 (Otis to Wa1int) (323) 773-5143 project # - 5469 City of La Verne Vajow hQwellaneow Shuts $193,103.00 November2004 3660 " Ir Street Lea. Verne, CA. 91750 Dominic MWAno (909) 596-8755 City of Cerritos Coon of Street $ 390,255.08 August 2004 19125 Bloomfield Ave. haprovements in Residential Streets Cerritos, CA. 90703 Project No.14M.03-11 %rise. hAaaawn Fidelity and Deposit C.on-pany of Mai y land BiD BOND IQ?OW A,LL 2A&'Y BY -nM= P that we RUIZ ELVGINEERING COMPANY as Priara2�c�n d ozQani2rd undexthe laws of the Stabe3iQ and Deposit Camgauy of 1�Iaxyia�d, a �rpo a NSarylaud, as Surety, lhereinaf%r caned Barely, are held and fi r:miy bound vista CITY OF HUNTINGTON BEACH as Obligee, herejtm$ called Obugec, in the sum of -*TEN PERCENT OF AMOUNT BID* Dollars 1 or ( 10 %) p=ZWt ofthe amoahrt bid, whidwmis less, for the payment of which sum well and truly to be made, the said Pri =*4 and the said Snreiy, bind ou=cfvea, oar hers, exesaators, admmisi=y st c== and assigns, }owdy and may, famly by these presents - WSFREAS, the Principal Ifas submitted a bid for "RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, NO. 455" NOW, IMMUTORi , if the obligee shall accept the bid of the Pzracipai aced the Prirtaipal shall eater into a CootradwAh the Obligee in aecoxdrutcc with the terms of such bid, and give such baud or bonds as may be sp=fu!d in this: bidding w Coatrad Doctumms with good and suf&cieat surely for the h tbinl pr..Zfb=== of such Contract and for the prompt payment of labor amd material bmmisbed in the pmsecation thereof; or is file event of the f v7hue ofthe Principal to eatu= smith Conh=t and en snch bond or bovAs, ifthe Pxmc4nl shall pay to the Obligee the di$eraace•aot to exceed the penally h =eof bctwem the amount specified in said bid aced such J-TW anwnntfwwhwh the Obligee may in good faO matxad with another party to perform the Work cavercd by said bid,d= this obhgabm shall bennl! and void, oihcwise to rcmak in full foaccn aced cfkct Signed and sealed this 29thday of MAY , 20 09 (w=) RUIZ `F�tr ••i/j�'fYl� w.� himmm OF MARYLOW (Attorney-i�Fad) 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 THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Law 'd Company, which are set forth on the reverse side hereof and are hereby certified to be in full for and eff t d0f reof, does hereby nominate, constitute and appoint Michael A. QUIGLEY, of Laguna N' s t lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, forRsFandpW�6 y is p eed: any and all bonds and undertakings, and the execution of suc p in ese presents, shall be as binding upon said Company, as fully andj�is . i ey had been duly executed and acknowledged by the regularl e t 't ice in Baltimore, Md., in their own proper persons. This power of attorqi:�"=te" , el A. QUIGLEY, dated March 17, 2005. The said Assistant Section 2, of the By lffytthat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WItRrOF, 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 4th day of March, A.D. 2008. ATTEST: 0 DEP p sit o c 0 18� i �'VAP�l► State of Maryland 1 ss: Baltimore County J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 4th day of March, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-0626 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5..,• .�;�.. %�.'��.�:jS�.�>. ,•fit . ..; :1..,_�.1.:.!T:�:�. ::..:..:..: . . < : .:: State of California County of ORANGE On May 29, 2009 before me, _ MEG QUIGLEY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAEL A. QUIGLEY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names) istm subscribed to the within instrument and acknowledged to me that MEG QUIGLEY m he/zbadk a cexecuted the same in his/ it authorized COMM.A 786547 n capacity(im), and that by his/twoUi3hzsignature(§� on the U = '»; NOTARY PUBLIC-CALIFORNIA —I instrument the person(, or the entity upon behalf of fD - ORANGE COUNTY W which the person) acted, executed the instrument. My Term Ex' . January 14, 2912 I certify under PE F PERJURY under the laws of the State of lifornia th' the foregoing paragraph is true and corr ot. / , 1 WITNESS %v hand ata<d-uftilii seal. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persost�rK document and could prevent fraudulent removal and reattachment of this form to no r do Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT _ OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;RIGHTTHUMBPRINT OF'SIGNER Top of thumb here P MARIA KAPtULAR COMM. # 1613570 000MM. NOTARY PUBLIC - CALIFORNIALOS A ANGELES COUNTY EXPIRES OCT. 16, 2009 E, , -= L I erer .`!Y OF PEUM header tee fetes ho City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 3, 2009 I. C. E. Engineering, Inc. 2574 Pepperdale Dr. Rowland Heights, CA 91748 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, ! Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister CiY.q& W)?aJlQ49ef nth A4AW. r, New Zealand ( Telephone: 714-536-5227 ) FROM: I.C.E. ENGINEERING, INC. 2574 PEPPER®ALE DR. ROWLAND HEIGHTS, CA 91748 2039 ::'� - 4 Fi i I : 47 1FUN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: Reconstruction of Various Residential Streets Maintenance Service Contract # 455 SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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. 00CAC KE + Accompanying this proposal of bid, find in the amount of $ t 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 MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM 1,R OXIMr4TE QUANTITYITEM C- 'AfN K� NITT�P PRICES # _UNIT, 11PkIC x:N4 WRITTEN, 44 REMOVE/DISPOSE OF PARKWAY TREES AT 500eNw'a C61)5�r5 2A,0 PER EA. -7bo 3o, 1 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) AT �).Jjcd- -Zag PER SF .110, _? 10, 2 e 6,P_AiS_ 15,110 PARKWAY EXCAVATION AT s6vgnc�4 �v PER SF 0, 3 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT &;e,�k�L- k� 7&1, a/ jJ PER EA. 4 Mr)W t 48 REMOVE/REPLACE WATER METER BOXES 5 AT 7'kt V, Ft-je- i):k*3 7elD Ce.At PER EA. 3,022 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) W)Cif S zzc' 6 AT _5;-,c_ &/45' PER LF 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 0A %Ilar (e !9 I q, 53 7 AT e A-V PER LF - 3 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT PER SF ..70 )91 61 8 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) eo" 66C Ll 8� 9 ATTw &A" IZ-v. . '),\ W _Q. Tej,,, PER LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) ✓ 'oe 10 AT �Le_ �)C'0043 7'ero 6el* PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT fZXAea 4j '4 e�ct fycp 11 r R�t _ PER SF � — 16,0 114 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 6g^�f 96,00, Lf 12 AT 781,o PER TON 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT 0- Z?n. C�V PER EA. oy ool 13 _ ,N)oN ,., FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) 14 AT tQ!5b�C)'?,4? 0.166 76b Ce^V PER Lot. 15 49 PLACE NEW PARKWAY TOP SOIL AND RESEED AT TJNNz WuAj0,(6C3 74?po 6^-JS PER EA. 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard ATT '\JU0frJ -IL.' D_kje� -Ze& (a2,] PER EA. -.a �)L 0 16 13,365 COLD PLANE AT—';;'(4j�;e r'en+5 60 01 a 9 17 PER SF 34,200 FURNISH AND INSTALL PETROMAT AT Tw CiC/N� PER SF 18 AJ (qq0' 308 ON FAT_& ONE-HALF INCH OVERLAY e("91,6v Fe- Djz-s C PER TON -zefb / 81) le 19 e:n� C-2s MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATEQ'I'l•-1, N7,3. vt EN, N. PIR 's P 4 ADJUST WATER VALVES 6CU"' 20 AT 9ibs Ht4JP4 N1 lars 2g/b Ce^+f PER EA. 3 ADJUST MANHOLES ATE' 141jtt�,bjlojs Ze/v,, GgH ,0 21 ,-e PER EA. PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT �f ej 1;,4+, 0 , I)a (a,4f PER EA. 22 rwfq ITotal Amount Bid in Figures: Is C) 672 I Total Amount Bid in Words: YQA11W ygve,, 11 cs,SckAfiw- �4 A-4 F 0,r� Zero CQA� 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 ►et �ncrele �. �I en A V-r. 6-r,nG 96 `?0 , Case- Le,^d S olr,,e, LS Lil l Tree- ree- Sere' ronn e 6! 5"1506 By submission of this proposal, the Bidder certifies: qD 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange e- n �ja u, en , being first duly sworn, deposes and says that he or she is OM ` of TCS t;MU XOr Y the parry making the forfor g g bid that the bid is not made in the interest of, or on the ehalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder 9 CIE Mmgonsarronp, Address o i err-aewdale `" how and Heiahts. C A , q-1 11 U $ Subscribed and sworn to before me this '2- day of T v V-e , 20 01�4'. NOTARY PUBLIC C-4 TRACY SOOC N Comm.# 1804694 to • NOTARY PUBLIC -CAL FORNIA Ul LOS ANGELES COUNTY MY Comm. Exp. JUNE 28, 2012 ^` 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT H (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: d51 ;1W 0� C-5 � cm N a, u U e(i Contractor Ail Title ,P) �A (� 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 Ca 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. Title Date:��� \��kL 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: %1 ; `�_ (1('t�1 i� a L-e— is C�ttWc' '1�lAd Title Date: C;51-2C 10 q Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 25�� VC: Business Address t5 City, `J State Zip ( 6d��) �U1� q 1 6 Telephone Number 1 G 3Dl State Contractor's License No. and Class ©n- 2L% Original Date Issued 02)-2�— qu`o Expiration Date N The work site was inspected by -a� 1 of our office on 05) 0 '�) , 200.9 The following are persons, firms, and corporations having a principal interest in this proposal: P\ 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. 1 C E Engineering Company N Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 'L4 day of"�Yi , 200r4D . TRACY SOOC ® Comm.# 1804694 ►A NOTARY PUBLIC-CALIFORNIA N Los .ECOUNTY / MY COMM. EVE%P. JUNE 28, 2012 i NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: P)ea5c- FA 3 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 2574 Pepperdale Dr. Rowland Heights, CA 91748 Ph: (626) 448-9167 Fax: (626) 258-8337 Bonita Avenue Street Improvements Amount: $85, 000 Owner: City of San Dimas Project Manager: Scott Yanagihara Contact phone #: (909)394-6246 Completed: March 25, 2009 Longden Avenue & Howland Drive Street Rehabilitation Amount: $70, 000 Owner: City of Temple City Project Manager: Chuck Erickson Contact phone #: (626)285-2171 ext.2340 Completed: October 13, 2008 Caltran 07-A2454 Los Angeles County Replace Existing Concrete Drains Amount: $68, 000 Owner: Department of Transportation Project Manager: Pravin Patel Contact phone#: (213)620-2039 ext.203 Completed: November 28, 2008 Caltran 08-OL4404 Emergency Project Amount: $700, 000.00 Owner: Department of Transportation Project Manager: Amgad Gadalla Contact phone #: (951)453-8929 Completed: January 15, 2008 Seal Beach Blvd. Street Rehabilitation Amount: $250, 000 Owner: City of Seal Beach Project Manager: Karim Contact phone #: (714)412-2772 Completed: April 5, 2007 AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we ICE ENGINEERING, INC. 2574 PEPPERDALE DR. ROWLAND HEIGHTS, CA 91748 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NORTH AMIERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3800 ORANGE, CA 92868 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 17371 GOTHARD ST. HUNTINGTON BEACH, CA 92647 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid -------------- Dollars ($ 10 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with 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 vokl, otherwise to remain in full force and effect. Signed and sealed this 26th day of May 2009 (Witness) (Title) (Seal) (Witness) YUNG T. MOLLICK, Attorney-i AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERIC INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 ALL-PURPOSE ACKNOWLEDGMENT State of California County of L0 SQ_kk SS. On Ay 21 ?_ C) D � , before me, __'�` m_ r S oo c t'V�) �i � oI DATE C personally appeared qV\ q %NN -qt h , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY SOOC N Comm. # 1804694 rA �® NOTARY PUBLIC-CALIFORNIA N Los ANGELES COUNTY .. MY COMM. EXP. JUNE 28, 2012 PLACE NOTARY SEAL IN ABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N ARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL [g--T�ORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OFATTACHED DOCUMENT ei A 0V, TITLE OR TYPE OF DOCUMENT �— `2� -.. NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005-2008VALLEY-SIERRAINSURANCE ACKNOWLEDGMENT State of California County of Orange } On May 26, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/ayc subscribed to the within instrument and acknowledged to me that he%j�iey executed the same in his6trer&& authorized capacity(*, and that by his/laxftsignature(K) on the instrument the person(z), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1s�LOlt CHRISTINE T. HOANG WITNESS my hand and official seal. �� °• COMM. # 1827909 ;0 o NOTARY PU3LIGCALIFORNIA 70 ORANGE COUNTY Comm Expires DEC23, 2092 SignatureNv\'�(Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does he. Eby make, constitute and appoint: JENNIFER C. GIBONEY, JAMES W. MOILANEN, WING T. MULLICK, CHRISTINE T. HOANG and P. AUSTIN NEFF JOINTLY OR SL•VL•RALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION (S25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24a' of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company-, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ``4i�Q�,1tAUtTSY�j�?ry� l✓� - asaa ORSga��`'c ;: t+ ip'•:`sZ BY j GORPOgAT..G tea. SEAL :m= Sfecen P. Antterson, presiclenl&Chief t:xeculfieOfficer of Washington International Insurance Cmnpam• 4;W SEAL .gs & Senior Vice president of Torth .4tnerimn Specialty Insurance Cmnpmy Q m Da}id M. Layman, Senior Vice Presider off Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of February 2009 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 20th day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comoarries. o aclt�i SEAT �" " JD 0 �ruan a. sx[.eras A� NotaryPublic, State otE49vsaes F%y Coutmission ExpiieS r�/E161201t Donna D. Sklens, Notary Public I, James A. Camenter , the duly elected Assistant Secretary _ of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, --have set my hand and affixed the seals of the Companies this 26 day of MAY 20 29 . James A Canpnter, Vice President & Assistant Secretary of Washington Intemat onal Insurance Conpany & North Amencan Specialty Insurance Company City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 3, 2009 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227) Of ,coxtraet �1 5 (i� y c ler k do �2600 a try Y&o*-(npfon cache �a SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 Ad " in the amount of $ /00d 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 MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEIIA APPROXIMATE UNIT ITEM; WITH UNIT',PRICIESW T E W IN R PRICE T 44 Y REMOVEIDISPOSE OF PARKW Y TREES FV2&wls' EA. AT_LIY - PER 8,756 REMOVEIDISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) AT Ove Po//af find' k"lLfk (:enfV PER SF ova �d, 64, 2 15,110 PARKWAY EXCAVATION AT Otte 1, Dollar PER SF H 651 U 0 00 3 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAYcs AT _TWt) qu4lrd a / PER EA. ;00, '9 A' 0' 4 4?1�1t?.� 48 REMOVE/REPLACE WATER METER BOXES 2v 0-1� , ) #; 1 /00" 5 AT ri f � PER EA. 3,022 RE�©��DISPOSE OF CURB AND GUTTER(CURB RAMPS-INCL.) //0 q)� 50g. 6 AT �-eeh 0,�? f _� PER LF 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) AT ['Wo P0110j15 F,'L44 PER LF b"7, SS 7 cii?el 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT 'I rs PER SF 00 8 Wo '00A4 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) L PER L F 0-0- 9 AT I wMt Lwt, EaIlary _ 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 10 AT ['0 a r PPIIQ f PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 11 AT Thl'ee - 1)_bllar� PER SF 114 CONSTRUCT ASPHAJ-T CONCRETE UTTER SLOT per Standard AT One Romdroad 00�Iar � PER TON 0 /,So 0� #171 Ida' qe- 12 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT Ofle ',rh04iS4,nJ_ 06r//'?/-57 PER EA. 4' Pj&V �_ 0 0, # � 13 49 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per Standard Plan 718) 00 7 S, — 00 -- 14 AT >39,venjX�- rrlve Dollo,,,�, PER Lot. v1 7,�, 49 PCE NEW PARKWAY TOP SOIL AND RESEED ATLA7_11re-e 94Adreal pollq'-5 PER EA. 00 q, 140 15 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard ATOne AtiI7,1reat PER EA. '0 PA 16 13,365 COLD PLANE 010 1'7 '0' 0iq 17 AT 'I PER SF 34,200 FURNISH AND INSTALL PETROMAT AT 7-Weaf 5 PER SF � 'Zo 18 PI? t4 308 ONE & ONE-HALF ILA NCH OVERY PER TON 00 19 C-2s NISC a 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory 4 ADJUST WATER VALVES � 33 c�� 20 AT Three Wat?I- real F Pi Iarf PER EA. (� 3 ADJUST MANHOLES p /�/�}�j Cya �t OCP 21 AT r—oo ` 1-144t pa( PER EA. PREPARE PRE & POST-CQNST UCTION CORNER RECORD AND 7 AT '1 heeP 94nc�PC't' %1 �r71"S PER EA. 22 Total Amount Bid in Figures: Is gq 6, gq,"': Total Amount Bid in Words: I Throe iwdreFor+y- $ix ThOUSO.61, TWO 1Ntyrn,/rP rorfi 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 f p_ �Z Tree �efvice ran-e �����6� ��17 l C) banJ6C 'o f000.?'17 Valle By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange Way Ydlo nd , being first duly sworn, deposes and says that he or she is r/''?,t' i'dpo t of Aobes t i n c. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. /QuU f1GU(e4 Address of Bidder C'r�t r�d�ar CT�v rse, �u 92691 Subscribed and sworn to before me this `Z �h day of T� ne , 20 0y . NOTARY PUBLIC KAY E. ANDERSOId COMM. #1579663 V NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY if\k-My Cw m EVIr" June 13, 2OD9 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT ## 455, PROJECT II (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:'�'�� 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 WNo 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: 36(ne i rtie C-7 UNDERGROUND SERVICE ALERT IDENTIFICATI®N 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. r Dig Alert Identification Number: S)U)SM 'i:- t j"--: 1), 1 �l •� � Title Date: ( _ �- I)q Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: _ AUn6Ps* .Zn c-. Bidder Name le,00 1lcg Ave. Business Address Uarjeh fro Ile �� ��1 City, State Zip 7a) !?4;2- SS93 Telephone Number Srt,612a State Contractor's License No. and Class 4-7C Original Date Issued -7` 31-10 Expiration Date The work site was inspected by 44� e wi* S of our office on %Gf n e- a , 20N The following are persons, firms, and corporations having a principal interest in this proposal: Idader`t AJO I-gnl pre6 410a � A �Ci u� 1011 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. Printed or Typed ZSignature fih sn "' KAYE.ANDERSON Subscribed and sworn to before me this day of ,%idn'� , 200 .� COMM. #1579663 n NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Caron. F-)Oms dome 13. 2008 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 5 e e- if #0 Mieel Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $1,223,310.00 Project: Concrete Replacement Contact: Dennis Vasquez Phone: (714) 765-6936 2. CITY OF NEWPORT BEACH Project: Newport Shores Alley Replacement Contact: Stephen Luy Phone: (949) 644-3330 3. CITY OF HUNTINGTON PARK Project: Improvement of Zoe Ave. Contact: Pat Fu Phone: (323) 582-6161 Ext. 9 253 4. CITY OF HUNTIGNTON BEACH Project: Various Locations Contact: Dereck Livermore Phone: (714) 960-8861 5. CITY OF LONG BEACH Project: Medians on Atlantic Contact: Homer Flawellen Phone: (562) 570-5169 $1,100,000.00 $ 238,000.00 $ 137,790.00 Bond No. Bid Bond P 0�9, The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent (10%) of the total amount of the bid Dollars ($1 o% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Various Residential Streets - Project No. 455 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th Witness Witness ORSC 21328 (5/97) day of May , 2009 Nobest Nametritle Contractors Bonding ant Insurance Company Surety (Seal) By: Matthew J. 16oats Attorney -in -Fact i 1-01113"al-tat"re i State of California County of Orange On % — 4 �before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person( &)'whose name(4 is/� subscribed to the within instrument and acknowiedged to me that he/-ILM 4 executed the same in his/h1pr/ beif authorized capacity(, and that by his/i eft�zrr signatureXon the instrument the person , or the entity upon behalf of which the person,Vacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1CAY E. A DER SON LQ Gomm. #15579663 NOTARYPUBtIC CAIIFORNiA n and official seal. ORANGE COUNTY -� /1 �e MyCWTIM EIirea AM 13, 2009 (A Y v (Notary Seal) ary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,_(Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) (N Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is rf a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i_e. certifying the authored capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le_ kelshe/Owy-,- is /are ) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com State of California County of Orange On MAY 19 2009 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J- Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisA-terftheir authorized capacity0co, and that by hisArer/dreir signature(s) on the instrument the person(o, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AAmy-k- ---------- ADELAIDE C. HUNTER Commission # 1808793 .-m Notary Public - California Z ' - Orange County My Comm. Expires Aug 8.2012 City of Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 3, 2009 GSCI 6162 Galipean Dr. Huntington Beach, CA 92647 RE: MSC 455, Ph. 2 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Ci.�nf�a�3i etU��6t New Zealand (Telephon e : 714-536-5227 ) �t.13. SECTION C PROPOSAL, for the RECONSTRUCTION OF VARIOUS RESIDENTIAL, STREETS MAINTENANCE SERVICE CONTRACT # 455, PROJECT II in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Sixty (60) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, .Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 61 J in the amount of $ 10'7� 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 MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATE UNIT'. ITEM N-1 44 REMOVE/DI§POSE F PARKWAY REES AT IV JA1,2 I laz PER EA. 8,756 REMOVE/DISPOSE OF P. C SIDEWALK -(CURB RAMPS INCL.) 2 AT TW� C) 6 ft PER SF 15,110 PARKWAAVATION AT h b,kJA5 PER SF 3 s50 REMOVEfREPLACfE IRRIGATION SYSTEM IN PARKWAY 4 24 AT `Two POP-4/4 "TWt.,0o PER EA. 99, goo 48 I REMOVE/REPLACE WATER METER BOXES 5 AT 'Twtj�!, b,, i tejr5 PER EA. to b 3 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 ,022 AT :[-ej I PER LF �2,2 . 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) -3aa () o If I re- a C_e_,_f-5 PER LF q 1 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY ()oe'SO- 8 AT - btije,� PER SF ,.g , 0 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) *J:gW J)r,GO (C"+5 PER LF io 8,330 CONSTP4JCT P.C.C. DRIVEWAY (per Standard Plan 209) ql)(P!50 AT PER SF 11 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 3 AT :ttt�rex Cjtj1e_,r) PER SF 114 CONSTRUCT ASPHA�T CONCRETE (GUTTER SLOT per Standard of 12 AT wc:j�f k- i Ott Ot, ( (Z'r -5 PER TON 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT I (DOC) q too(3 13 P c._"]6, >4,,4 5t PER EA. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 Standard Plan 718) AT 14 J�k 0-_k,PER Lot. 49 PLACE NEW PARKWAY TOP IL AND RESEED ATT-b _,Jsi 0. JLr_�_ PER EA. 5 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 16 AT o,,c PER EA. 13,365 COLD PLNE AT 17 I x � PER SF 34,200 FURNISH AND INSTALL PETROMAT AT -f-W 18 w PER SF 308 ONE & ONE-HALF INCH tERLAY 4,6 AT PER TON IDS 19 13 C-2s MSC - 455, PROJECT 11 Project Bid Schedule Oakgrove, Esta, Pratt, Ivory TEAM APPROXIMATE35 IT MAT R T-TRIS"z T 4 ADJUST WATER VALVES 20 AT PER EA. I olz) OC) 3 ADJUPT MANHOL S AT [t PER EA. 0 0 21 Th --" Y_,A (J Cv5 PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT'-V(t,g, , &wArJ PER EA. 22 �as S_ 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 �OAJEZ�T ee'zyelr.�< g ySTtr'^ 9 644 V Z J'b p 5 6 I el-5 AJPalf*17— 0 1 fec 37�,� N�i�.. 82— r� / ({ T ss/ ar, M,We, .5t Chi' ` z Fol. VA eb1-% By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L00't ra►.j , being first duly sworn, deposes and says that he or she is r , { of 60lolE j c�,) the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Na7ofder ZZ Signature of Bidder 61� Z ek e fir, C/t 9Z�� Address of Bidder Subscribed and sworn to before me this 3 day of--,L!- , 20 of . CLAUDIA COCHRAN • COMM. #1722119 m W ft y PubNaCeNf 9 y ORANtii. COUNTY AAy Comm. Eac;►. Jen 30, 2011 NOTARY PUBLIC G VNcU() JA CO GG<�� P0 7Af-,�'D P 61C--N0TARY SEAL C-4 T State of California County of (DLaIi e On 3 i _before me, �i� t� &cbra. ITS„ I �9 IP blit (Here insert name and title of the officer) personally appeared tt]Qn if , �AC�yLa�It who proved to me on the basis of satisfactory evidence to be the person(:) whose name(&) isita e subscribed to the within instrument and acknowledged to me that he/she/the--y executed the same in his/he-416-eir authorized capacity(ies), and that by his/her- the4r• signature(.) on the instrument the person(3), or the entity upon behalf of which the person(:) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA COCMM w- COMM. #1722119 m WITNES y ha off e w ' ® �o couWTY aWomia ' My Cantu. E .Jinn 30, 2011 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/whey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea) impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455, PROJECT II (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: � 3 Q 9 C-5 S4rJ' Contractor By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. M11 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: Cn '3-b`l C-7 Contractor Lole By Pt t 3 1.,) �- Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Date: -3 o l i�r��4YG�O/ e --� 3� Le�d Contractor By J4 Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 4/,4a,P-f d-1- Business City, State Zip ('?/�) &), T - $ 7S F Telephone Number State Contractor's License No. and Class I r- bs- Original Date Issued Expiration Date The work site was inspected by 40 17-� of our office on -6-- Z 9 , 20"T The following are persons, firms, and corporations having a principal interest in this proposal: C-9 Go(den State Constructors, Inc. 6162 Gahpean Dr. Huntington Beach, CA 92647 Phone.714625-8758 Fax.714625-8295 'irences.,, City of Long Beach Ken Herbage Long Beach, CA Project: ElDorado Bike Path Construction Dates: Awarded Bid Amount: $29491 Project Total: $ City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 5/4/09 to ongoing Project: Median Island and Striping Modification Bid Amount: $73,963 Project Total: $ City of La Habra Chafik Mouradi 201 E. La Habra Blvd La Habra, CA 90631 562-905-9720x209 Construction Dates: 4/27/09 to 5/1/09 Project: Traffic Management — Traffic Calming Bid Amount: $48,568 Project Total: $52, oo0Q''°" City Of Newport Beach Alfred Castanon, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 3/9/09 to 4/28/09 Project: Balboa Village Alley Replacement Bid Amount: $128,606 Project Total: $ 1�2, 0,00.-- Golden state Constructers. lnc. References Page "1 City of Huntington Beach Villa Pacific Huntington Beach, CA Construction Dates: 2/27/09 to 3/6/09 Project: Villa Pacific ADA Ramps Bid Amount: $7,200 Project Total: $7,200 City of Tustin Jason Churchill, Public Works Dept. 1472 Service Road Tustin, CA 92780 714-573-3350 Construction Dates: 2/4/09 to 2/4/09 Project: Slope Repair Bid Amount: $4,100 Project Total: $4,100 Department of Public Works Public Works 3rd Floor N306 100 N. Garfield Ave, P.O. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 1/5/09 to 2/27/09 Project: Hamilton Park Drainage Improvements Phase II and III Bid Amount: $236,321 Project Total: $403,571 Golden State Constructors. lnc. References Page 2 Go(den State Constructors, Inc. 6162 Gafipean Dr. Huntinyton Beach, CA 92647 Phone. 714-625-8758 Far 714-625-8295 2008 References City of Laguna Beach Steve May 505 Forest Ave. Laguna Beach, CA 92651 949-497-0351 Construction Dates: 11/18/08 to 11/25/08 Project: Curb and Gutter Replacement Bid Amount: $16,926 Project Total: $16,926 City of Santa Ana Terry Daugherty 20 Civic Center Plaza Santa Ana, Ca 92701 714-615-0891 Construction Dates: 10/27/08 to 11/26/08 Project: Plaza of the Sun Drainage Improvements Bid Amount: $42,214 Project Total: $52,750 City of Stanton Nick Guilliams 7800 Katella Ave Stanton, CA 90680-3162 714-379-9222 Construction Dates: 10/6/08 to 10/17/08 Project: PCC Rehabilitation — Bradford Place and College Drive Bid Amount: $61,340 Project Total: $67,473 City of Huntington Beach Dereck Livermore 2000 Main Street Huntington Beach, CA 92648 714-392-4007 Construction Dates: 7/28/08 to 10/10/08 Project: Curb ramps in Various Locations Bid Amount: $167,123 Project Total: $183,600 Golden State C'nnstrnctors. Inc. References Page 1 Moffatt & Nichol Gary Foster 3780 Kilroy Airport way Ste 700 Long Beach, CA 90806 562-426-9551 Construction Dates: 6/9/08 to 6/9/08 Project: Harbor Vopak Project Bid Amount: $4,538 Project Total: $5,503 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 7/15/08 to 7/25/08 Project: Senior Center ADA Improvements Bid Amount: $26,892 Project Total: $32,850 County of Orange Tony Nevarez 1143 E. Fruit St. Santa Ana, CA 92701 714-567-7799 Construction Dates: 5/22/08 to 5/24/08 Project: Court House Concrete Replacement Bid Amount: $14,713 Project Total: $14,713 Long Beach Water Dept. 1800 E. Wardlow Rd. Long Beach, CA 90807-4931 562-570-2300 Project: Water Line Replacement Construction Dates: 4/28/08 to 7/14/08 Bid Amount: $149,575 Project Total: $177,328 City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688-2824 949-635-1800 Construction Dates: 3/17/08 to 4/21/08 Project: E1Corazon Sidewalk Project Bid Amount: $54,130 Project Total: $61,081 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Construction Dates: 2/7/08 to 5/4/08 Project: Pool Deck Concrete Repairs Bid Amount: $68,648 Project Total: $83,236 im Golden State Constructors. Inc. References Page 2 City of Laguna Niguel Attn: Nick Renn 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 1/8/08 to 2/9/08 Project: Crown Valley Restroom Project Bid Amount: $131,736 Project Total: $143,149 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: New Doors at City Hall Construction Dates: 2/2/08 to 2/4/08 Bid Amount: $10,040 Project Total: $10,040 Golden Stite Constructors. Inc. References Page 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. ame Signature of Bidder Printed or Typed Signature -0 1 Subscribed and sworn to before me this 4�- day of 'Jy�� , 200T COCHRAN %CLAUDLA COMM. #1722119 m WNot�apry� �P�ubk-Canfomia COLKTY H E AM Cemm. Exp. Jan 30, 2011 NOTARY PUBLIC p Apo j 006 CtcNOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of tW Date Completed ✓vU Name and Address of Public Agency Name and Telephone No. of Project Contract Amount 3. Name and Address Name and TeleAo ContracYAmount Type of Work Agency No. of Project Manager: Type of Work C-10 Date Completed Date Completed CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Qmg On 4--j, 0? before me, Caubla QA M3 ja!tm 1p>ubiu (Here insert name and title of the officer) personally appearedIilei Q�JO>1Li�ldi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hellshe4hey executed the same in his/herAhei..- authorized capacity(ies), and that by his/heAheir- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and o Signature of Notary Public WI COMM. #CX 1722119 m i' Notary PubllaC Vomla se \ owuM coutm dan 30, 2011 (Notary Seal) ADDITIONAL OPTIONAL. INFORIVLATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded ontside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacity of the signet). Please check the document carefidly for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the}- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. y Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: GOLST-093 KNOW ALL MEN BY THESE PRESENTS: That we, GOLDEN STATE CONSTRUCTORS, (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS JOB/BID NO 455-2 - in accordance with the plans and specifications films,:iin fihe.office .Aof,the_obhgee -and .under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 2ND day of JUNE, 2009. n-M STATE QOXSTRUCTORS NORTI.1/A]�4ERICAN SPFe1ALTY INSURANCE COMPANY MEMO "M ��L� NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is gnuited and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24ih of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by, facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." aptl, Fir -2yGq �fPGztonat By Stem P.Audersm,Presldest&CekrFseeWFoOakmorwashingtontateroationaltmorsomCompany SEi0.1.� 33 iTt 19i3 �jn & Senor vice Pr aideat of IYarth American Spectalty Imaraare Cco"ni, F6E "rARmilaMt� By_ David M. Layman, Senior Vim Prestdenf or WmhinStes International Insurance Ca -pony & vice Prsaident orNarth Americas specialty Imuranee Campeay IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. E D.SKLENS 4hr, $we of IDmois mi>amn F�ires tl11Ii6iA112 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2nd day of June 2009 , James A. Carpenter, vice Presidert & AssiMat secretary of Wm&uVon hitemetbnel lowance Com msy & xotb Ammican Siecinhy IraumavoCompany CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On June 2, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence'to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA Gplo`��o o COMM. # 164q 731 g NOTARY PUBLIC CAUFORNIA C ORANGE COUNTY ►�v I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. nature Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of omnat On �� before me, 0310f �A jL'�U, 10>FAi 1pUbl' , (Here insert name and title of the officer) personally appeared UlDnItie 1M , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfafe subscribed to the within instrument and acknowledged to me that he/4w4hey executed the same in his/heMheir- authorized capacity(fes), and that by his/hef4hc4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI my hand Icial Signature of Notary Public CLAUDIA COCHRAN �. COMM. #17221 19 �j NoUq Publio-Catitormw W ORANGE COUNTY My Comm. Exp. Jan 30,201 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 3 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. A Indicate title or type of attached document, number of pages and date. +3 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document