HomeMy WebLinkAboutEXCEL PAVING COMPANY - 1994-09-12d CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
Ml0ffTNGT0N 11ACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% R ENTIO YMENT
cc
DATE:
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 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
DAN T. VIL LLA, Director of Finance
I certify that no stop notices are on ile on the subject a s time.
Date: q -
LES JONES, ub c Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been fled.
Date: �
CONNIE BROCKWAY, C lerk
certify that there are no outstanding invoices on file.
Date:
DON WATSON, City Treasurer
Cc
0011042.01 03114/95 12:57 PM
0
•
CITY OF HUNTINGTON BEACH
W4
2 0 0 0 Main Street
Les M. Jones II
Director
May 31, 1995
Bob Collins
Excel Paving Company
2230 Lemon Avenue
Long Beach, California 90806-5195
P.O. Box 190
JUNMIft
Subject: Requirements for Retention Release
Golden West Street Widening from Walnut Avenue to
Yorktown Avenue; CC-911
Dear Mr. Collins:
C a l i f o r n i a 9 2 6 4 8
Public Works Department
(714) 536-5431
The following items must be filed with our City Clerk and City Attorney's Office before the City can
relieve Excel Paving Company from their contract obligation and release any remaining retention
funds.
Enclosed are extra forms_ Please attend to these items as soon as possible, for they are necessary in
completing this project.
K1. A warranty bond guaranteeing the final amount of work and materials for one year. Your
performance bond does not include specific wording for a one-year warranty, therefore, a separate
bond is required and must be submitted.(Note: Your one-year time period will start when all items
are received and approved.)
2. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all
subcontractors have been paid in full and that there are no outstanding claims against this project.
3_ A Certificate of Compliance form must be signed at the completion of work and returned to this
office.
Should you have any questions regarding these items, please call me at (714) 536-5423.
Vey f yours,
R ert A_ Martinez
Project Coordinator
RAM:sar
Enclosure: Certificate of Compliance
Declaration of Satisfaction and Claims
po 12389.01
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act Of 1972
Gentlemen:
The undersigned, contractor on
CC-911 GOLDEN WEST STREET WIDENING FROM WALNUT AVE. TO YORKTOWN AVE.
Project No. Tit e
hereby certifies that all laborers, mechanics, apprentices, trainees,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates not less than those required by the contract provisions, and
that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid.
Signature and Title ( - /J i C.P. BROWI, PRESIDFNT
DECLARATION OF SATISFACTION OF CLAIMS
I, EXCEL PAVING COMPANY , state:
(Name of Contractor
1.
I am the general contractor for the City of Huntington
Beach, as to the project more fully described in the
public works contract entitled
and dated
2. All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in
connection with Notices to Withhold, which have been
filed under the provisions of the statutes of the State
of California: (if none, state "NONE-)
"NONE"
I declare under penalty of perjury that the foregoing is true
and correct.
Executed at LONG BEACH on this 30th day of
June , 19 95
- C_ �- �A A�_�
Signature of Contractor
CONFORM E0 COP"
1e-I! W.Pelfd wtf ;; i -.-1ZI �: THE ORIGINAL fF THIS DOCUMENT
�' S kEC(1RPEP On 13-My-199,,
Cx:UK-NT NtABER 9; 2191.157.
GLARY L. GRANVILLE. CLERK; -RE ORDER
WHEN RECORDED MAIL TO: ORR'16E COUNTY CLERK-R CORDER IS OFFICE
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to EXCEL PAVING COMPANY who was the company thereon for doing
the following work to -wit:
PHASE II, GOLDEN WEST STREET WIDENING FROM WALNUT AVENUE TO YORKTOWN
AVENUE: CC-911
INTEREST: Easement
That said work was completed May 15, 1995 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
May 15, 1995.
That upon said contract Federal Insurance Company was surety for the bond given by the said company
as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 17th day of May, 1995.
City Clerk and ex-ofi"icio Cler
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duty elected and qualified City Clerk and ex -of icio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
.+-as duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 17th day of May, 1995.- ,v
City Clerk and ex-0iiicio Clerk
of the City Council of the City
�f �, ' I of Huntington Beach, California
I have received Maintenance Bone!
for CC-911 Goldenwest St. WjdPnjngZWA1n11X-
Phase III
on behalf of the Treasurer's Office.
Dated
By:
Excel Paving Company
P. 0. Box 16405
Long Beach, CA 90806-5195
-I CHUBB GROUP OF INSURANCE COMPANIES
f _1-1�1�R 1` 1:1•r�ii �1-sir. :r i�l i � I'. Ir 1'. - .i,. i, rl. i. � ., �..i �i I
Bond No. 8140-02-41
That we,
MAINTENANCE BOND
FEDERAL INSURANCE COMPANY
Amount S
Know All Men By These Presents,
Excel Paving Company
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surely), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of One hundred eighty one thousand eight hundred ninety nine and 00/1 OtDollars
(S 181, 899.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_
Seated with our seals and dated this 1 1 th day of July
A.D. nineteen hundred and 95
WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated Septembev 6
19 95 , for
Golden West Street Phase III; CC-911
and
WHEREAS, the said Principal is required to guarantee the
installed under said contract, against defects in materials or workmanship, which may develop during the period
One year from date of completion
llrrt-0',Li u) TO 13:l,I:
GAIL BUl'TOI.. City At'Lornoy
By:, Deputy City Attornzy
-7 I 13 jq3
F:•:n •5 020075 (Pr- .-90) (over) rp•N1 ru
u �r
9 •
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On ! S before me, Christine N1. _Rana. Notary Public
Daft Name, -title of otricer -e.g. "Jane Due. Notary Public"
personally appeared Douglas A. Rapp
Names(s) of signers)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signaturc(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
\ gnalure of Nolay
�iI
(NP.ISTINE M. RAPP
Qr F;• Comm. l,, 959193
+� NOTARY PL:211C CALIFORNIA
C 2n;e County
0'.yCosrm i.u:.:GJuI 9.1996
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_1 ndividual(s)
_Corporate
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
—Partner(s) —Attorney-in-Fact
Other
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain Yew Road, Warren, NJ =59
(908) 580-2000
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California -------------------------------------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Ball Bonds) filed in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
Lam or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under
Um laws, ordinances or regulations of any State. City, Town, Village, Board or other body or organization, public or private:
bonds to Transporteiion Companies, Lost Instrument bonds; Lease bonds, Wiorkers' Compensation bonds. Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors In connection with bids, proposals or contracts,
In WkIlne a Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By4z*s, caused
these presents to be signed by its Vice President and Ass'istattt Secretary and its corporate a" to be hereto affixed
this loth day of • March 1994
Corporate Seal
Kenneth C. Wendel
STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vivo P..sldant
On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel tome known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company,
and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company. and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Maunz and was thereto subscribed
by authority of said By -Laws and in deponent's presence.
Notarial Seal
♦ e
Pt3ill.1C
O,w�`
Acknowledged and Sworn to before me
on the date written.
I i- Gi . M
Notary Public
"LUM A. 9CIlY
t"om_` �
1 p11bnc, State of me. Jsaw
Mo. 2Qti52d
Cvo�oi+rlaa Bui, r Off 2, 1994
Fwm 154" x. (FWw- % wt oENEnAL
PFOCrED
M-65 r tsoo) u%
F7
RECEIVED
WHEN RECORDED M.O&TTQ;_;'i'
CITY OF HUNTINGTON BEACH'
Office of the City Clerk �U 7
P.O. Box 190 C rl 38 h,i 'g5
Huntington Beach, CA 92648
NOTICE OF COMPLETION
DOC # 95- 0219057
23—MAY-1995 12:37 PM
Recorded in Official Records
of Orange County, �3l ifcrria
Gary L. Granville, Clerk -Recorder
Pa3e 1 of 1 Fees: t 0.00
Tax: $ 0.00
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Qmmd ofitll`Qd%%bf`
Huntington Beach, California to EXCEL PAVING COMPANY who was the yropptgizacq¢�g
the following work to -wit -
PHASE 11, GOLDEN WEST STREET WIDENING FROM WALNUT AVENUE TO YQj KjrOWN
AVENUE: CC-911
INTEREST: Easement
That said work wm completed May 15, 1995 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
May 15, 1995.
�r
That upon said contract Federal Insurance Company was surety for the bond given by the said company p�
as required by law. I
This document is solely for the official business of the City of Huntington Beach, as contemplated under CF
Government Code Section 6103 and should be recorded fret of charge.
Dated at Huntington Beach, California, this 17th day of May, 1995.
City Clerk and cx-officio Clcr
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and cx-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 17th day of May, 1995._
City Clerk and.ex-o iicio Clerk
of the City Council of the City
of Huntington Beach, California
:: CLV—Tig.
•
•
Ho
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 17, 1995
Gary L. Granville, County Clcrk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Dear Sir:
CALIFORNIA 92648
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City
Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648.
Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope.
Please return the conformed copy - document number, recording date, book and page number.
Sincerely yours,
Connic Brockway
City Clerk
CB:cc
Enclosures
g.ccVL%cplhr
t Telephone: 714538-6227 Y
0 •
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92649
NOTICE OF COMPLETION
NOTICE IS HERESY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to EXCEL PAVING COMPANY who was the company thereon for doing
the following work to -wit. -
PHASE 11, GOLDEN WEST STREET WIDENING FROM WALNUT AVENUE TO YORKTOWN
AVENUE: CC-911
INTEREST: Easement
That said work was completed May 15, 1995 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
May 15, 1995.
That upon said contract Federal Insurance Company was surety for the bond given by the said company
as required by law_
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Governmeni Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 17th day of May, 1995.
City Clerk and ex-offtcio Cle
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange } ss:
City of Huntington Beach )
1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Cleric of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
N4,as duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 17th day of May, 1995..
City Clerk and ex-0fficio Clerk
of the City Council of the City
of Huntington Beach, California
CONFORMED COP"
I :-.
WHEN RECORDED MAIL TO -
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
THE ORIGINAL OF THIS 11i1 WENT
RS WDRPET, ON 23-MY-1995,
CUNEK KKER 95-0f190'1.
SARI' L. GRAYVJLLE- CLERK -RECORDER
ORANGE CONTY CLERK-PECC�°UEk'y f.CE
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to EXCEL PAVING COMPANY who was the company thereon for doing
the following work to -wit:
PHASE H, GOLDEN WEST STREET WIDENING FROM WALNUT AVENUE TO YORKTOWN
AVENUE: CC-911
INTEREST: Easement
That said work was completed May 15, 1995 by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
May 15, 1995.
That upon said contract Federal Insurance Company was surety for the bond given by the said company
as required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge_
Dated at Huntington Beach, California, this 17th day of May, 1995.
City Clerk and ex-officio Cler
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
1, CONNIE BROCKWAY, the duty elected and qualified City Clerk and ex-0fii60 Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 17th day of May, 1995..
City Clerk and ex-offieio Clerk
of the City Council of the City
of Huntington Beach, California
Council/Agency Meeting Held:
Deferred/Continued to -
Approved ❑ Conditionally Approved ❑ Denied City Cleric's Signat re
Council Meeting Date- May 15, 1995 Department ID Number: PW 95-021
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T UBERUAGA, City Administrator
PREPARED BY: LES M. JONES II, Director of Public Works
SUBJECT: PHASE III, GOLDEN WEST STREET WIDENING FROM WALNUT
AVENUE TO YORKTOWN AVENUE: CC-911
1 j7jF1 @
Statement of Issue. Funding Source, Recommended Action. Alternative Action, Analysis, Environmental Status, Attachment
Statement of Issue:
Excel Paving Company has completed the construction to widen Golden West Street, Phase
III, from Walnut Avenue to Yorktown Avenue.
Fundinq Source:
The construction cost was funded in Gas Tax Account No. E-SF-PC-911-6-32-00.
Recommended Action:
1. Accept the street improvements completed by Excel Paving Company at a final
construction cost of $197,001.24; and
2. Authorize the City Clerk to file a Notice of Completion and instruct the City Clerk's
office to release the ten percent (10%) retention money after the normal thirty-five
(35) day retention period, receipt of the Declaration of Satisfaction of Claims,
Certificate of Compliance, and the required guarantee bond in the amount of 100%
of the final cost, guaranteeing the improvements for a period of one year_
Alternative Action(s):
Not Applicable
r
RAUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995
Analysis:
DEPARTMENT ID NUMBER: PW 95-021
On September 12, 1994, Council awarded a contract to Excel Paving Company in the
amount of $181,899, along with $18,000 to cover anticipated change orders and $5,101 for
supplemental expenses for a total of $205,000. Construction of these improvements is now
complete, per the approved plans and specifications; therefore, the Director of Public Works
recommends acceptance of the project and requests that the Notice of Completion be filed
by the City Clerk.
The following is a summary of the final contract cost:
Contract Amount:
Anticipated Change Orders
Supplemental Expenses:
Total:
Council_ Approved
$181,899.00
18,000.00
5,101.00
$205,000.00
Actual Expenditures
$176, 848.64
*20,152.60
"3.200.21
$200,201.45
The Director of Public Works was authorized to spend up to 10% of the prospective
contract amount. $20,152.60 was needed to cover unforeseen work such as temporary
chain link fencing, removal of abandoned oil lines, concrete cross -gutter, removal of
stock pile dirt, saw cut removal of asphalt pavement, additional irrigation, landscaping,
electrical pull boxes and interconnect cable for traffic signals.
Estimated supplemental expenses were required to cover soil testing, lab work, street
striping, median clean-up, and printing of plans and specifications.
Environmental Status:
Not Applicable
City Clerk's
Page Number
MTU: lVlJ: DAW: RAM: gd
0011392.01 -2- 04/20/95 2:07 PM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 21, 1994
Excell Paving Company
2230 Lemon Avenue
Long Beach, CA 90806
CALIFORNIA 92648
Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of
Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after
the project is completed but prior to the release of retention funds.
In addition, the following item must also be on file, with this office before the City can release any
retention funds:
A warranty bond guaranteeing the final amount of work and materials
for one year. If your performance bond does not include specific
wording for a one year warranty, then a rider or separate bond must
be submitted.
Should you have any questions or concerns regarding the enclosures or items that must be on file in
this office prior to release of retention funds, please call the Public Works Department, 536-5441.
Sincerely,
z'&�- 'e'd' >
Connie Brockway, CMC
City Clerk
CB:cc
Enclosure: Contract
gzc` "hcon
Declaration of Satisfaction
Certificate of Compliance
Copies/bonds, insurance
1TN•phonr 714.53"227)
APPROVED By CITY COL.
19 9�1
�i /-
REQUEST FOR C9Y COUNaCIL ACI
Date: September G, 1994
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrato
(1.1_R K v
Prepared by: POI.— Silver, Assistant City Administrator/Acting Director of Public: Works e11/�
Subject: PHASE III, GOLDEN WEST STREET WIDENING FROM
WALNUT AVENUE TO YORKTOWN AVENUE; CC-911
Consistent with Council Policy" [XI Yes I I New Policy or Except.ioO
I Statement of Issue, Itecommended Action, Analysis, Funding Source, jUternat.ive Action. Attachments:
T 1 f'l eor177W.0,/ / 9/.7-/i�Z .
STATEMENT OF ISSUE:
Bids have been received and opened for the Golden West Street Widening, Phase III, from Walnut
Avenue to Yorktown Avenue.
RECOMMENDED ACTION:
1. Accept the low bid submitted by E'xcel Paving Company, 2230 Lemon Avenue, Long Beach,
CA 90806, and authorize the Mayor and City Clerk to execute the contract for the Phase I11,
Golden West Street Widening from Walnut Avenue to Yorktown Avenue; CC-91 1, for a total
bid amount of $181,899.00; and
l_ Authorize the Public Works Department to expend a total of $205,000 to cover the contract
amount of $181,899.00, estimated construction Change Orders of $18,000, and supplemental
expenditures of $5,101 _
ANALYSIS:
On April 3, 1989, the City Council approved the selection of an engineering firm to prepare
construction drawings and specifications for the improvement of Golden West Street, from Pacific:
Coast Highway (PCH) to Warner Avenue. The firm completed the street improvement plans in
June of 1991. Phase I of these improvements from Ellis Avenue to Warner Avenue is complete, as
well as Phase 11, Golden West. Street at PCH.
Phase III consists of street widening .at Walnut Avenue, sidewalk construction, and traffic:
interconnect construction between Palm Avenue and Yorktown Avenue. The engineer's estimate,
including construction costs, possible Change Orders, and supplementals was $220,000.
Bids were opened on August 2, 1994, and are listed below in dollar amount:
Cont.racior
Bid Amount
1. Excel Paving Company S181,899.00
2. Shawnan Corporation 199, 530.25
3. 111-11crest. Contracting 199,793 50
4. Damon Construction 207,782.50
RCA: CC-911
September G, 1994
Page, two
ENVIRONMENTAL STATUS:
The Planning Commission approved a Negative Declaration for the project in December, 1988.
This fulfilled the environmental requirements pursuant to the California Environmental duality
Act.
FUNDING SOURCE:
Contract. Amount S 181,899.00
*Project Change Orders 18,000.00
**Project Supplementals 5,101.00
TOTAI, $205,000.00
* Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council
Resolution Number 4896. Examples of possible Change Orders include changes in field
conditions, unavailable materials, errors in the plans, and changed City requirements.
** Examples of supplementals include soil testing, Edison electrical hook-up, and water
service connections_
Sufficient. funds are available in City Gas Tax Account. No. E-SF-PC-911-6-:32-00
ALTERNATIVE ACTII N:
Reject the low bid or all bids and do not proceed with the construction.
ATTACHMENTS:
Project Location Map
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CITY OF HUNTINGTON BEACH
h/27/94 DEPARTMENT OF PUBLIC WORKS G\ACAO\CC9n\9r\MUwG
0
I have received the Faithful Performance Bond and the Labor and Materials
bond for __2baSP 7 1-1 , Gal danwast Street wide"ing;—CC-91 1 -
on behalf of the Treasurer's Office.
Dated
- 9
Excell Paving Company
2230 Lemon Avenue
Long Beach, CA 90806
1 CHUBBSROUP OF INSURANC40 COMPANIES
I. h 1 ,. ,. , .
FEDERAL INSURANCE COMPANY
PERFORMANCE BOND
Bond No. 8140-02-41 Amount $ 1,113.00
Know A11 Men By These Presents,
That we, Excel Paving Ccapany
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surely), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of One hundred eighty one thousand eight hundred ninety nine and 00/100 **
Dollars
($ 181,899.00 ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 9
day of August
WHEREAS, the Principal entered into a certain Contract with the Obligee, dated
for Golden West Street ( Phase III) ; OC--91 1
i9 94
19
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof
as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall
well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set
forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Con-
tract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage
which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation
shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions:
1. vA. V.
ClFo m is 02 0001 (Qs, A 90) (Over)N1
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee
named herein or the heirs, executors, administrators or successors of the Obligee.
-Excel Paving Carpany
Principal
By: C - ? .
FEDERAL INSURANCE COMPANY
By: A� (q. &a
Dougl6h A. Rapp
Attorney in Fact
APPROVED AS TO FORMS
GATL BUTTON
CITY ATTORNEY
by:
D', »7; rfty Attorney
State of CALIFORNIA
County of LOS ANGELES
On �" "f `�'Q before me,Celeste A. Graham, Notary Public
IDATEI INAMEITITLE OF 7FFICEAy.e.'JAr'E nn°. NOTAPY P-J9L!C':
personally appeared Excel Paving Company by Palp
WAMEISI OF SIGNERISII
Incorporated Partner By C.P. Brown President
Q personally known to me -OR- O proved to me on the
CEULM A. GRAHAM
06 t4xarf PUNIC - callfoly
►OS ANG&LIS COtiNW
my aoMrElIMOPi pulpit PJLT a 1v91
asis of satisfactory
evidence to be the
persons! whose name(s)
Is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same In his/herAheir
authorized capacity(ies),
and that by his/her/their
signatures) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL](2_j� 1 IGNATURE F NOT
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
ft could. however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Thia or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Nurmb& of Peges Date of Document
DESCRIBED AT RIGHT
Spner(sl Other Than Named Above
W'OLCOTTS FORM 93240 Re-. 3-9A iw-Ce um 8-7AI 01994 WOLCOTTS FORMS- iNC_
ALL PURPOSE ACANOWLE DGMENT WITH SIGNER CAPACITYIREPRESCNTATION.7wo FINGERPRINTS
RIGHT THUMEIMINT IOptkxwQ
Ii
O
CAPACITY CLAIMED By SIONERI6)
❑INDIVJDVAL[SI
OCORPOAATE
OFFICER(SI
(TITIM
❑PARTNEAISI ❑LIMITED
CIGENERAL
❑ATTORNEY IN FACT
❑TRUSTEEISI
❑ GUARDIANICON SER V ATOR
❑OTHER•
SIGNER IS REPRESENTING:
Warne of Personle) or Entity(iee)
RIGHT THUMBPRINT IOptionall
a:
3
a
3
CAPACITY CLAIMED BY SIONERISI
❑INOIVIDUAL(SI
OCORPORATI:
OFFICER(SP
rn TL(S1
❑PARTNEMSI OLIMITED
❑GENERAL
❑ATTORNEY IN FACT
UTRUSTEE(SI
UGU ARDI ANICONSERV ATOR
❑OTHER
SIGNER IS REPRESENTING:
(Name of Ptrsonw or Enlrty4est
1 e7775u6324iq�u8
0 •
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 8/9/94 before me, Christine M. Rapp, Notary Public
Date Name, Title of Officer - e.g. "Jant Doe. Notary Public"
personally appeared Douglas A. Rapp
Namts(s) of Signer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/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 on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
Q ' d CHRISNE M9. rPAPD
cam-
ANY X
Signature of Notary I Conn Was
AA4' 19� �
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document Surety Bond
Number of Pages Date of Document_
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
Individual(s)
_Corporate
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ics)
—Partners) x Attorney -in -Fact
Other
0
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ MW9
(9N) 5W2000
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California ----------
each Its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix Its corporate seal to and
dellvw for and on Its behalf as surety thereon or otherwise. bonds of any of the following classes, UKW
1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court. or filled with any
Sheriff or Magistrate. for the doing or not doing of anything specified In such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereat. inch ing those required or permitted under the
laws or regulations rslaung to Customs or Internal Revenue; Lkense and Permit Bonds or other indemnity bonds under
Ow taws, ordinances or regulations of any State, City. Town. Village. Board or other body or organization. public or private;
bonds to vansportation Companies, Lost Instrurnent bonds; Mass bonds, Workers'Compensation bonds, Miscellaneous
Surety bonds and bonds on behalf of Notaries Pubft Sheriffs. Deputy Sheriffs and similar public officials.
3 Bonds on behalf of contractors in connection with bidk proposals or contnwm
In Warless Wh~, the said FEDERAL INSURANCE COMPANY has, pursuant to he By-Lews, caused
these presents to be signed by its Vice President and Assieiant Secretary and Its corporate seal to be hereto affixed
this 10th day of • March 1994
Corporate Seal
Kenneth C. Wendel
STATE OF NEW JERSEY 1
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
On this loth day of March 19 94 , before me personalty came Kenneth C. Wendel to me known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. the corporation described In and which
executed the foregoing Power of Aftomey, and the said Kenneth C. Wendel being by me duty swom, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company,
and that he signed said Power of Attomey as Assistant Secretary of said Company by We authority; and that he is wm- nted
with Gerardo G. Maurtz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Maunz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By -Laws and in deponent's presence.
Notarial Seal
~,Cj
%
� w
PUN=
Acknowledged and Sworn to before me
on the date written.
terry Public
A. t9C/1Y0M
11110ftr Pais" State of Now Jeer
NO. 2W520
Cc��}� i�rperss OMOWT 2. 1"4
tuna *WIJW P%v MOM oEWPAL r4411aa 0M uTw
0
CERTIFICATION
STATE OF NEW JERSEY
County of Somerset ss.
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the ttlowing is a true
excerpt from the By -Laws of the sold Company as adopted by its Board of Directors on March 2, 19W and that this By-law
is In full force and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other hmstrunments other titan as above for and on behalf of the Company
which ll Is authorized by law or Its charter to execute, may and shall be executed In the name and on behalf of the Company
either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assist m
Secretary, under their respective designations. except that any one or more officers or attomeys-Inaad designated in any
r9WuW of the Board of Directors or the Executive Committee, or In any power of attorney executed as provided for in
Section 3 below may woecute sty such bond, undertaking or other oWtpatlon as provided in such resolution or power of attorney.
Section 3 All powers of attorney for and on What! of the Company may and shill be executed In the name and on behalf
of the Company. either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such
officers may be engraved. printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman,
Prsaidarrt, any Vice Pre sWent, arty Assistant Vice Pmaident, any Secretary, any Aesl0tant Some" and time seal of the Cora
pary may be affbmd by facsitrmHe to any power of attorney or to arry oomwaLs nNatlng thereto appointing Assistant Secretaries
or Attomeys*�-Fad for purposes only of executing and attesttnp Bonds and undertakings and other wridnps obligatory in
the nature Owed, and any such power of attorney or cent licate beartng such facsimile signature or iacslmlle seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and
facsimlle Beal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached."
I further certify that said FEDERAL INSURANCE COMPANY is duty licensed to transact fidelity and surety business to each
of the States of the United States of America, District of Columbia. Puerto Rico, and each of the Provinces of Canada with
the exception of Prince Edward Island: and is also duty licensed to become sole surety our bonds. undertakings, M. permitted
or required by low.
L, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power
of Attomey Is In fua force and effect.
Given under my hand and the seal of said Company at Warren, N.J.. this 9 day
ofAugust 19 94
Corporate Seal
z,4 )l7
Assfwer
i
CHUB GROUP OF INSURAN E COMPANIES
CIFI1LJIt3IC3 1 i tabu,'+lain V1' .v thy., l I' i 11„- 1i.1`, wain•41. I1., I• i .• U.1'.
FEDERAL INSURANCE COMPANY
PAYMENT BOND
Bond No. 8140-02-41 Amount t Included
Know All Men By These Presents,
That we,
Excel Paving Company
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey. a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the penal sum of One hudnred eighty one thousand eight hundred ninety nine and 00/100 **
Dollars
($ 181,899.00 ), for the payment of which we, 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 entered into a certain Contract with the Obligee, dated , 19
for Golden West Street (Phase II); CC-911
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof
as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful
claims of sub -contractors, materialmen, or laborers for labor performed or materials furnished directly to the Prin-
cipal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub -contractor.
materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and
effect, subject, however to the following condition:
No suit or action shall be commenced hereunder by any claimant:
a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract,
it being understood, however, that if any limitation embodied in this bond Is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
Fans ISO24)000 Iftv • DO) over TEo
( ) �IYfi30[�P•1 u •
0
i
b) Other than in a state court of competent Jurisdiction in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is situated, or in the United States District Court for the
district in which the Protect, or any part thereof, is situated, and not elsewhere.
Sealed with our seals and dated this 9 day of August
Excel Paving Company
Principal
By: _ r, f . l
cjt . &an Pwa dW
FEDERAL INSURANCE COMPANY
By:
Doug s A. Rapp
Attorney in Fact
APPROVED AS TO FOR313
GAIL Iy['.TTON
CITY !AT 'LY
BY:�
DeputY City Attorne
1994
State of CALIFORNIA
County of LO5 ANGELES
Onbefore me,Celeste A. Graham, Notary Public
fD TEI PYAMEITITL! OF OFFI�'ER•,a •.LANE n0F. NOTAPly PUBLIC-1
personally appeared Excel Paving Company by Palp
INAME(SI OF SIGNERIS)I
Incorporated Partner By C.P. Brown President
Q personally known to me -OR- ❑
CELESTE A. GRAHAM
comm. it 992999
Notary Public callll/+�Of/11O n
tlS 'VwRWCCOUkTV
JAY CO"IS4HM "FIRM JULY DO, 19A
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
Is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same In his/her/their
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrument the person (s?.
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
ISEALI 0" a,*.
IStGNATURE OF NO
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL
Recording of this document is not required by law and is also optional.
It Could, however. prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Tale or Typo of Docu nem _
MUST BE ATTACHED
TO ThE DOCUMENT Number of Pages . Date of Document
DESCRIBED AT RIGHT.
Sgner(s] Other Than Named Above -- — -- —
WO►COTTS FORM 832aO Ft" 3 B+ Ivr.cs class a 7AI (D'69s WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT vMTH SIGNER CAPACIrWREPRESENTATIONfrWo FINGERPRINTS
RIGHT THUMBPRINT (Optlonan
0
CAPACITY CLAIMED BY SIGNER[&(
DINDIVIDUALES)
OCORPORATE
OFFICERISI
tTTlast
❑ PA RTNE RMI O LIIId 1TED
OGENERAL
QATTORNEY IN FACT
❑TRUSTEEISI
O GUARDIANICONSER VA TOR
[]OTHER -
SIGNER IS REPRESENTING:
ENerne of Personlel or Entity5esl
RIGHT THUMBPRINT (Optional)
>r
a
CAPACITY CLAIMED BY SIGNER(SI
❑INDtvIDUALIS)
❑CORPORATE
OFFICERESI
I V TLI9
❑PARTNER(SI ULIMITED
OGENERAL
❑ATTORNEY IN FACT
❑TRUSTEE(Sl
❑ G U A RDIA NICON SE R V A TOR
❑OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entay6es)
7 II■'67775"63Z4
N,
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 8/9/94 before me, Christine M. Rapp, Notary Public
Date Name, Title of Officer . e.g. "Jane Doe, Notary Public"
personally appeared Douglas A. Rapp
Names(s) of Sigoer(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/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 on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
Q (HRISME M R9 PP I
Com3 NOTARY PUBLIC • CAUFORIM
r a Orine County
My Ctt J
n Wves 1ul 9.19%
-Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document Surety Bond
Number of Pages Date of Document
OPTIONAL SECTION/ _
CAPACITY CLAIMED BY SIGNER
—individual(s) —Partner(s) x Attorney -in -Fact
Corporate ,Other
Officer(s)
'Title(%)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ UM9
(90S) 380-2000
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY. an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California-------------------------------------------------------------------
each its true and lawful Attcme�-in-Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes. t wit:
I. Bonds and Undertakings (other than Ball Bonds) filed In any suit, matter or proceeding in any Court, or flied with any
Shertff or Magistrate, tar the doing or ttot doing of anythtng specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the
laws or reglia orts relating to Customs or Internal Revenue. Licenae and Permit Bonds or other indemnity bonds under
the taws, ordinances or regulations of any State. City, Town, Village. Board or other body or organization, public or private;
bonds to 1wn portatlon Companles. Lost Instrumenil bonds; Lassa bonds, Wbrkere' Compensmion bonds, Miscieltaneous
Surety bonds and bonds on behalf of Notaries Public, Sheritts. Deputy Sheriffs and similar public officials,
3. Bonds on behalf of corwac tors in connedbn with bids, proposals or contracts.
to Wknm Whereof, the said FEDERAL INSURANCE COMPANY hag, pursuant to its By-laws, caused
tinges presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hereto affixed
this loth day of , March 1994
Corporate Sea)
Kenneth C. Wendel
STATE OF NEW JERSEY l
County of Somerset I as.
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
VICS Pnsidar t
On this 10th day nt March 19 94 befm me personally came Kenneth C. Wendel to no known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described In and which
executed the foregoing Power of Attorney, and the said Kenneth Q Wendel being by me duly sworn, did depose and say that
he (s Assistant Secretary at FEDERAL INSURANCE COMPANY and knows the corporate sees thereof; that the seal of ed
to the foregoing Power of Attorney is such corporate seal end was thereto affixed by authority of the By -taws of said Company,
and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he Is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By-laws and in deponeni's presence.
Notarial Seal
• POJOLlC
a►�,a
Acknowledged and Sworn to before me
on the date ab7written.
Rotary POW�19'f' A. scAya>�
�7 rrttitk. Stpta of Nos 2�',
?�o. 206ciS20
C*�rlaa Sxpira: Occel;,r 2.1994
CERTIFICATION
STATE OF NEW JERSEY
County of Somerset as.
I, the undersigned. Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the following is a true
excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By-law
is in lull farce and effect.
"ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company
which it Is authorized by law or Its charter to execute, may and shall be executed In the name and on behalf of the Company
either by the Chairman or the Vine Chairman or the President or a Vice President. Jointly with the Secretary or an Assistant
Secretary, under their respective designations, except that any one or more officers or attorneys-in4aCt designated In any
resolution of the Board of Directors or the Executive Committee, or In any power of attorney executed as provided for In
Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resokMon or power of attorney.
Section 3 All powers of sdtorney for and on behalf of the Company may and shall be executed In the name and on behalf
of the Company. either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
President, jointly with the Secretary or an Asru Secretary. under their respective designations. The signature of such
officers may be engraved. Printed or lithographed. The signature of each of the following officers: Chairman, Vice Chalnnan,
Provident, any Vice PresideriL any Assistant Vice President, any Secretary, any Assistant Secretary and the a" of the Corn-
pany may be affixed by tar l' Ile to arty power of attorney or to any osrtificadoe relazlrmg thereto appointing Asvismmt Secxretaries
or Attorneys- n-Fact for purposes only of executing and attestiN bonds and undertakings and other writings obligatory in
the nature thered, and any such power of attorney or centficate bearing such tacsimbe signature or facalmile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facalmlle signature and
facsimIle seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is stumtwd "
I further certify that said FEDERAL RGURANCE COMPANY Is duty licensed to transact fidelity and surety business In each
of the States of the Untied States of America. Distract of Columbia. Puerto Rico, and each of the Prwtnces of Canada with
the exception of Prince Edward Island; and is also duty licensed W become sole surety on bonds, undertakings, eta., permitted
or required by law.
I, the undersigned Asststant Secretary of FEDERAL INSURANCE COMPANY, do hereby certtfy that the toregolmg Power
of Attorney Is In full force and effect.
*I-
Given under r ysthand and the 9se4 al of said Company at Warren, N.J., this 9 day
aU
Corporate Seal(0±4ft,"A -,,I
_
C�
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EXCEL PAVING COMPANY
FOR THE WIDENING AND TRAFFIC INTERCONNECT
CONSTRUCTION ON GOLDENWEST STREET FROM
WALNUT AVENUE TO YORKTOWN AVENUE (CC-911)
TABLE OF CONTENTS
Page No-
1
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6
CHANGES
4
7.
NOTICE TO PROCEED
5
8
BONDS
5
9.
WARRANTIES
5
10_
INDEPENDENT CONTRACTOR
6
11 _
LIQUIDATED DAMAGES/DELAYS
6
12
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14_
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17_
WAIVER OF CLAIMS
9
18
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20
INSURANCE
10
21 _
CERTIFICATES OF INSURANCE, ADDITIONAL INSURED
11
22_
DEFAULT & TERMINATION
12
23_
DISPOSITION OF PLANS, ESTIMATES AND -OTHER
12
24_
NON -ASSIGNABILITY
12
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27
NOTICES
13
28
CAPTIONS
13
29_
IMMIGRATION
13
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31 _
ENTIRETY
15
4ks1G Agree ExceR6117194
•
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EXCEL PAVING COMPANY
FOR THE WIDENING AND TRAFFIC INTERCONNECT
CONSTRUCTION ON GOLDENWEST STREET FROM
WALNUT AVENUE TO YORKTOWN AVENUE (CC-911)
THIS AGREEMENT, made and entered into this 21st day of
September , 1994 by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY", and
EXCEL PAVING COMPANY, a California general partnership, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as the widening, and traffic interconnect construction on
Goldenwest Street from Walnut Avenue to Yorktown Avenue, in the City of Huntington Beach-,
and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows=
STATEMENT OF WORKS ACCEPTANCE OF RISK
CONTRACTOR shalt furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner_
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to,
all expenses incurred by or in consequence of the suspension or discontinuance of work, except
41s1G Agree ExceRS/17/94
0
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 under them for the compensation
set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s)
2. ACCEPTANCE OF CONDITIONS OF WORK -PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be performed,
and that it enters into this Agreement based upon its investigation of all such matters and is
relying in no way upon any opinions or representations of CITY
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include-
A This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto,
D The 1991 edition of Standard Specifications fur Public Works
Consiruclion, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
2
4�s1G Agree ExceR8l17l94
- • i
90034, 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 (attached hereto as Exhibit "A"),
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if
indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense_
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed One
Hundred Eighty-one Thousand Eight Hundred Ninety-nine and no/100 Dollars ($181,899.00), as
set forth in the Contract Documents, to be paid as provided in this Agreement
4 COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
within ninety (90) consecutive calendar days from the day the "Notice to Proceed" is issued by
DPW, excluding delays provided for in this Agreement.
3
4\s\G_Agree Exce1\8117/94
TIME OF THE ESSENCE.,
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents_ CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement_ CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the various
portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises
G CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing; by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing_ Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR, thereupon, CITY will promptly issue an adjusted change
4
4191G _ Agree- Exce!'$117194
0
0
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly
7 NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work, one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount
of one hundred percent of the contract price to guarantee payment of all claims for labor and
materials furnished
9 WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
5
4%XG Agree : ExcelWl 7194
10 INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social security,
state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses,
if any, in connection with the PROJECT -
IL LIQUIDATED DAMAGESIDELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as set
forth herein, damage will be sustained by CITY, and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty and no1100
Dollars ($250.00) per day for each and every working day's delay in completing the work in
excess of the number of working/calendar days set forth herein, which represents a reasonable
endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY
would sustain in the event of and by reason of such delay, and CONTRACTOR agrees to pay
said damages herein provided, and further agrees that CITY may deduct the amount thereof from
any monies due or that may become due to CONTRACTOR hereunder_
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
6
41,sIG Agree Excerell7194
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen (15) days of the commencement of such delay_
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including; without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
12 DIFFERING SITE CONDITIONS
(1) Notice.- The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents, or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
7
4%%G Agree Excel%&17194
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shaII
be made and the Agreement modified in writing accordingly,
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY_
13 VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment_ Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon completion
of the PROJECT, if the actual quantities used are either more than or less than the quantities
listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The
DPW may, at its sole discretion, when warranted by the facts and circumstances, order an
equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in variation to the quantities listed in
the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14_ PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof from each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
8
41LS1G Agree Exce]Wl 7194
•
•
paid such sum as will bring the payments of each month up to one hundred percent (%100) of the
value of the work completed since the commencement of the PROJECT, as determined by DPW,
less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing; of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by a
certificate signed by the DPW, affirming that the work for which payment is demanded has been
performed in accordance with the terms of the Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price shall
not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
IT 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
9
4\s1G:Agree ExcelVl7194
•
•
18. INDEMNIFICATION, DCFEN$, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense_ CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
19 WORKERS COMPENSATION INSURANCE
Pursuant to C.'ah rnia Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et .seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation_
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
10
4LskG Agree Excen&17/94
•
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance shall
be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non -owned vehicles Said insurance policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional Insureds.
CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the
life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined
single limit coverage. If coverage is provided under a form which includes a designated
aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of
aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of
aggregate limits CONTRACTOR shall require its insurer to waive its subrogation rights against
CITY and agrees to provide certificates evidencing the same.
21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED
ENDORSEMENTS
F,rior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled or modified without thirty (30)
days prior written notice to CITY_ CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of this
Agreement CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance policies hereunder required_
11
4\s%G:Agree-ExceI\B/17194
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
22_ DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the bencfit of creditors or becomes insolvent, or violates any provision
of this Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement_ Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this Agreement-, in such event
CITY may make good the deficiency in which the default consists and deduct the resulting costs
from the progress payments then or to become due to CONTRACTOR.
23 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost
24 NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety
12
4WG-Agree ExcelWi 7194
25 CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement- No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq-
26. STOP NOTICES,_ RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or
not CITY is named in an action to enforce such stop notices CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U S C. Section I324a regarding employment verification.
13
4WG Agree Exce]O17/94
30 LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
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.
REST OF PAGE NOT USED
14
4NMG Agree-Excelt/47/94
31. ENTIRETY
The foregoing, and Exhibit "A attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR -
EXCEL PAVING COMPANY
a California general partnership
By PALP INC, GENERAL. PARTNER
By
C P_ Brown, President
By: blt- cl� .Cx-t' � %b-� CJ( UL I/,—
L%j. $ECRalAi Secretary VIC= L DMdlriAl
By: Y.A.K. CORPORATION,
GENERALPARTNER
w
By
K G_ Mills, President
By K � - J_
W. IJ� Secretary 111pUU L DFAIR
REVIEWED AND APPROVED-
//z
City Administrator
15
CITY OF HUNTINGTON BEACH, a
municipal corporation of the
State of California
Mayor
APPROVED AS TO FORM=
C-ty Attorney_ 1
_ate!
ATTEST:
'-i
City Clerk
INITIATED IA3 ED AND APPROVED:
Director ffPublic Works
4151G Agree ExcelO[7194
0
State of CALTFORNIA
County of Los ANrFI.FS
On `13- before me,CelPcre A_ f_raham Nprary P,rhlit
(DATE] INAMEIn TIE OF OFFICER. &.'JANE r)OE. ND A4v PVBLIC
personally appeared _Excel Paving_Comgany by Y.A.K.
04AMEISI OF SIGNFRIS11
Corporation Partner By K.G. Mills Presidenr
® personally known to me -OR- 0
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
Is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrument the person(s),
or the entity upon behalf
CELESTE A. GRAHAMof which the person(s)
" i GoMM. x 992999 A acted, executed the
PubliC • COI(t"10 instrument.
fdota ry m
LOS ANGELEI COUNTY
MY COIMAISSiON EXPIRES ]ULY 30- ti9g7 fitness my hand and official seal.
(SEAL)
0
ATTENTION NOTARY
ATURE OF
RYI
The information requested below and in the Column to the fight Is OPTIONAL -
Recording of this document is not required by law and Is also optional_
It could. however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE; Tate or Type of Documern _
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document _
DESCRIBED AT RIGHT:
Signerlsl Other Than Named Above
WOLCOTT$ FORM a32ao Rev. 3 94 )cite CIMe 6-2AI (D199a WOLCOTTS FORMS. INC
ALL PURPOSE ACKNOWLEDGMENT %MTH SIGNER CAPACITYlREPRESENTATION.TWO FINGERPRINTS
FLIGHT THUMBPRINT 1Optitxtall
Y
CAPACITY CLAIMED BY SIGNERISI
❑INDIVIDVAL(S)
❑CORPORATE
OFFICERISI
ITITIEW
❑PARTNERIS! ❑LIMITED
4GENERAr.
❑ATTORNEY IN FACT
0TRUSTEE(S)
OGUARDLiNICONSERV ATOR
❑OTHER=
SIGNER IS REPRESENTING:
(Nome of Personle) or Entityl+esl
RIGHT THUMBPRINT tOptionall
i
z
0
0
a
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUALIST
❑CORPORATE
OFFICERMI
+rIRl4
UPARTNERISI ❑LIMITED
❑GENERAL
❑ATTORNEY rN FACT
LITRUSTEE(St
JGUA RDIANICON SERVATOR
❑OTHER•
SIGNER IS REPRESENTING:
(Name of Personle) or EnIrly(jea)
7
JillImlllll�,
State of CALIFORNIA
County of LOS ANGELES
On <T— I S--`I q
{DATE)
before me,Celeste A. Graham, Rotary Public
INANtElTITLE OF OFF!CEP-.-s-'JAvE DOE. NOTARY PU6iIS')
personally appeared Excel Paving Company by Pal.p
MAMUSI OF SIGNERI511
Incorporated Partner By C.P. Brown President
Gp personally known to me -OR- ❑
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrument the persons),
CFIrSTr A. GRAHAMor the entity upon behalf
w _ CQMA1. 992999 of which the person(s)
acted, executed the
NWOry w.bli� col;forma m
instrument.
Loy ANGELES COUrv7t
LPAY �M110" EXPIRES JULY jc, 19"
Witness my hand and official seal.
(SEAL)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It Could. however, prevent fraudulent attachment of this Certificate to any
unauthorized document.
THUS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT
Sdgnerlsl Other Than Named Above _
W'OLCOTTS FORM 83240 Ae. 3.94 la-cs Urn 8.7AI 01994 WOLCOTTS FORMS_ INC
AU PURPOSE ACKNOWLEOG++MENT WITH SIGNER CAPACITYlREPRESENTATIONr WO FINGERPRINTS
RIGHT THUMBPRwT (optional)
Ill
a
rG
CAPACITY CLAIMED BY SIONERIS)
❑INDIVIDUAL(S)
OCORPORATE
OFFICERS)
fn
❑PARTNERISI ❑LIMITED
OGENERAL
(DATTORNEY IN FACT
OTRu STEE (S)
❑GUARD IANICONSER V ATOA
OOTHEW
SIGNER IS REPRESENTINO:
lNams of Parson(a) at Ent)tY(Iss)
RIGHT THUMBPRINT (Optionall
li
0
0
CAPACITY CLAIMED BY SIONERIS)
❑INDWIDUALIS)
❑CORPORATE
OFFICERISI
1T1rula
OPARTNERIS) ❑LIMITED
DGENERAL
OATTORNEY IN FACT
L]TRUSTEEIS)
0 GUARD IANICONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Enlrty(easl
•
State of CALIFORNIA
County of LOS ANGELES
On �� t S �( before me, Celeste A. Graham Notary Public
IDAT_I rNAMTITTTIE OF OFACIAl a_'JANE Mt. NOTARY 1N�ltC7
personally appeared C.P. BROWN, PRESIDENT AND MICHELE
OMMErS1 OF SIGNERtSII
E. DRAKULICH, ASSISTANT SECRETARY OF PALP, INC. PARTNER
OF EXCEL PAVING COMPANY
personally known to me -OR- O 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 capacity6es),
and that by his/her/their
signature(s) on the
instrument the person(s),
or the entity upon behalf
CELESTE A. GRAHAM of which the person(s)
Comm. a 992999 y acted, executed the
W
CL V: - 0**wY Pubk - Collf rma instrument.
Lnre AIIIWf6ES COUNT(
MY C0hW1%s+Dlr+ LXPIRU jUX !% 19" fitness my hand and official seal.
[SEAL)
ATTENTION NOTARY
The information requested below and In the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It Could, however, prevent fraudulent attachment of this Certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type or Documen
N,rnber of Pages _ Date of Document
Sipnerlal Other Then Named Above
WOLCOTTS FORM 03240110.. 7-04 Iw-ce tips B.?At (D1994 WOLCOTTS FOftMS_ INC
ALL Pu POSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONMVO FINGEAMNTS
RIGHT THUMBPRINT (Optkmaq
0
CAPACITY CLAIMED BY WONER(SI
❑INDIVIDUALISI
❑CORPORATE
OFF(CERISI
nI�
❑PARTNERIS) OLIMITED
❑GENERAL
❑ATTORNEY IN FACT
❑TRUSTEEIS)
❑ GUARDIANlCONSER VA TOR
❑OTHER:
SIGNER ♦S REPRESENTING.
(Name of Pe►sonle) or Entityllee}
RIGHT THUMSPF NT (09tioneq
P
Z
0
CAPACITY CLAIMED BY SIONERIS)
❑ W DrVIDUAL ISI
❑CORPORATE
OFFICER(SI
ITITLIM
❑PARTNER(S) ❑LIMITED
❑GENERAL
❑ATTORNEY W FACT
❑TRUSTEE IS)
❑GUARDIANICONSERVATOR
❑OTHER -
SIGNER IS REPRESENTING:
(Name of Parton(s) or Entity(wel
7 11"67775"632401I1I s
0
0
State of _ CALIFORNIA
County of LOS ANGELES
On 2- 13~ before me, Ce e c VUh 1,
(DATE) WAMMiTLE OF OFRCER•ce.-JANE DOE, NOTARY PLAWC1
personally appeared K.G. MILLS, PRESIDENT AND MICHELE E.
INAMf(S) OF SIONERESII
DRAKULICH, ASSISTANT SECRETARY OF Y.A.K. CORPORATION
PARTNER OF EXCEL PAVING COMPANY
® personally known to me -OR- 0
CELESTE A. GRAHAM
COMMA. R 992999 y
IL Notorti Public - C011f0M$0 M
LO6 AT.IfsELES COUNTY
SAY COWUSSCM LXPIR16S Jt,16Y 30, 11997
(SEAL(
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
fsfare subscribed to the
within instrument and
acknowledged to me that
he{she/they executed the
same in his/her/their
authorized capacityiies),
and that by his/her/their
signatures) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal
ATTENTION NOTARY
(SIGNATURE OF NOTARY)
The information requested below and in the column to the right is OPTIONAL.
Recording of this document Is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THfS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Page: � Date of Document
DESCRIBED AT RIGHT:
Synerltl Ottwr Than Named Above
WOLLOTTS FORM 03240 ft�. 3.94 1p..ce Owe 8.21k1 0, 994 wOt COT 15 FORMS. MC
ALL PLWOS[ ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERMNTS
AIQHT THUMBPRINT fOpUone4
r<
a
CAPACITY CLAIMED BY SIONERES7
OfNDFVIDUAL(SI
❑CORPORATE
OFFICERISI
ITZ53
OPARTNERM) OLIMITED
QGENEAAL
OATTORNEY IN FACT
0TRUSTEEM)
OGUARDIANiCONSERVATOR
❑OTHEW.
SIGNER M REPRESENTTNO:
(Nana at Pa"ontsl a Erltitrfiasf
RIGHT THUMBPRWT (Optioneq
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUAL(SI
OCORPORATE
OFFICEA(SI
ITIMIS
OPARTNER(5) OLIMITED
DGENERAL
(}ATTORNEY IN FACT
OTRUSTEEiS)
OGUARDIANICONSERVATOR
0OTHER Y
SIGNER tS REPRESENTING:
(Name of Personisl or EnIAVOGs)
Acomp. CERTIFICATI OF INSURANCE S 0ArEIM Ahft� Rd/94
i'HOQUCf. -�'rM
THIS CERTIFICATE IS I AS A MATTER OF INFORMATION
"he W dit h Company
ONLY AND CONFERS N GHTS UPON THE CERTIFICATE
insurance SerVICeS. InC.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
(ine Park Plaza, Suite 430
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1 rvi ne CA 92714
COMPANIES AFFORDING COVERAGE
_ _
William S. Wooditch
COMPANY
A American Intl Specialty
714-553-9800
— _ _
INSURER
i
I CCMPANV
11 National Union Fire Ins. Co.
-- — — —
I
Excel Paving Company
I COMPANY
7 c Unicare insurance Company-
2230 Lemon Ave.
—
Long Beach CA 90806
D
COVERAGES
TIPS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THL INSURED NAMEDABOVE )"OR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIRFMENT. TERM OH 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,
ETXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PALO CLAIMS-
— I^
-
POU F — — —
�POLIC
TR TYPE OF INSURANCEy POLICY NUMBER
'
{EXP DTlYON,
MFFECTIY)
LIMITS
DATI
GENERAL LIABLUTY
I I GENEgALAGGREGATE S 2.000.000
�
A K� C0MMEF1ClAL GENERAL IJAE?ILI Y I GL 7733818
11L 06/i1f94 + 061/17/95 r PRODUCTS - CCN.N/O° AGG S1,000.000 y
CLAIMS MALE C OCCUR I
I , , _ . ' PERSOvAL 3 ADV IN_:1RY S 1.000.000
' ..I ; . �• r • Ij
X j M-NER S 6 CONTRAC-OR S PROT i -- ' - • . - -
-- — —
EACH OCCURRENCE Is 1. 000, 000_
L--! I
1 — �— — — — — —
I I FIRE DAMAGE IA^Y one fire] I S 50.000 —
I
Is
I
ME EX'' !A.�y one person) 5.000
AUTOMOBILE LIABILITY
1 3 X� ANY AUTO CA 8232117
COMPJNEO$INGLF. L'NIT I $ 1 , 000,000
I 06/17/94 06/17/95
i
I — — — — 4
I� ALL OwNED AUTOS
I I BOO.Y INJI IJAV
1 SCHEDULED AUTOS I
I (Per Person)
1 _
HIRED AUTOS
I
BILY INJURY
j ,^�i,'
fX
�I NON-C%WED AUTOS
I 1I1 (Per acc�tlenU— —
I —
I[
i
PR KPTY DAMAGE i s
I
i I GARAGE LIABILITY I
I ACTO QKL Y EA ACC13EN7
I ANv AU'rO I
I I OTHER THAN AUTO ONLY
EACH ACGOENT
1
I
I ZGiATE
1 +
AGG i
I EXCESS LIABILITY I
I EACH OCCURRENCE
S
LUMBRELLA FORM I
I I rGGREGATE _L$y
.— 4_
OTHER THAN UMBRELLA FORM
I
S
C
WORKERS COMPEtISATlON AND
X I S=ATUTOQY LIMITS
EMPLOYERS' LIABILITY
EACHACCIDENT I S 1.000 , 000
THE PROf"E700r �' iW-L ! UFO1109301468
� 10/01/93 � 10/01/94 II DISEAs6 - PoucY uMjr S 1, 000 000
PAFTTNE}WExECUTWE
} OFFICERS ARE: f EXCL I
M
L — —----�--- ---
DISEASE LACH EMPLOYEE S 1, 000, 000
I
OTHER
I
I I I
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
! Re : ��m ��el Rua&Pg?pa CS gge hrRe- �a96�ro ject
CC - 851 thru CC - 858
Revision of 6/27/94 certificate
CERTIFICATE HOLDER
CANCELLATION
COHUNTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE rHEREOF, THE ISSUING COMPANY WIL UAIL
City of Huntington Beach
30 DAYS WRITTEN NOTICE TO THECERTIFrCATE MOLDER NAMED TO TTTE LEFT.
Attn: David Webb
2000 plain Street
Huntington Beach CA 92648
AUTHORIZED REPRESENTATIVE
William S. Wooditcv'h !
ACORD 25-5 (3193)
®ACOHD CORPORATION t 993
• Bid bonds receiv4y:
Dated:
BID LIST
TUESDAY, AUGUST 2, 1994 at 3:00 PM
CC-911
GOLDEN WEST STREET WIDENING (PHASE 3)
ENGINEER'S ESTIMATE: $180,000 PROJECT ENGINEER: TONY FOLARON
BIDDER'S NAME TOTAL BID AMOUNT RANK
1. All American Asphalt
2. Boral Resources
3. A. L. Chavez Enterprises
4. Damon Construction
9 O D
5. Excel Paving
6. Griffith_ Company
7. Hillcrest Contracting
fg,1.3 • YO
S. Moore Electrical Contractin
9. R. J. Noble
10. Ruiz Engineering
_
1.1. Shawnan Corporation
12. Steiny and Company
_
_
13. Sully -Miller
ti.
't ? ElFIREMAN-S FUND INSURANCE COMPANY
® ® THE AMERICAN INSURANCE COMPANY
❑ NATIONAL SURETY CORPORATION BID OR PROPOSAL BOND
❑ ASSOCIATED INDEMNITY CORPORATION
w9wRimcamim ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY BOND #7083400-1
PREMIUM: NIL
SNOW ALL MEN BY THESE PRESENTS:
That We, HILLCREST CONTRACTING, INC.
(hereinafter called the principal), as principal, and THE AMERICAN INSURANCE COMPANY . a corporation organ-
ized and doing business under and by virtue of the laws of the State of NEBRASKA , 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 CA
as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee)
in the just and hill suet of TEN PERCENT OF AMOUNT BID
Dollars (S 10% - ) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents_
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS. the above bounden principal as a'oresaid, is about to hand
in acid submit to the obligee a bid or proposal for the GOLDEN WEST STREET WIDENING (PHASE 3)
to accordance with the plans and specifications filed in the office of the obligee and under the notice Inviting proposals therefor -
NOW. THEREFORE, if the- bid or proposal of said principal shall be accepted. and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 28TH
day of JULY
• 19 94
HILLCREST CONTRACTING, INC.
By THE AM 1ICAN INSURANCE COMPANY
By
l
DIANA LASKOWSKI Atsomar-Sn•Fact
360277--4.81
GES- -RAL - .
pOWER OF
ATMRNEv IRE AMERICAN INSURANCE COMP Y
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws or the State of
New Jersey on February 20. 1846, and redomesticated to the State of Nebraska on June 1, IM. and having its principal office in the City of Omaha. State of
Nebraska, has made. constituted and appointed, and does by these presents make, constitute and appoint DAVID L. CULBERTSON, LINDA L.
CULBERTSON, DIANA LASKOWSKI, CHARLES L. FLAKE and KAREN CHANDLER, jointly or severally
itstr'LtAM ful PCttorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, scat. acknowledge and deliver any
and all bonds, undertaking, recognirances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were sigocd by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article V II, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VIL Appointment sod Au(bority of Resident Secretaries, Attorneys -[a -Farr sad Agents to accept Leysl Process and Make Appearances.
Section 4S. Appointment. The Chairman of [be Board of Directors, the President, any Vice-president or any other person autborized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vlet-iPresideat may, from time to time, appoint Resident Assistant Secretaries and
Attorneys -in -Fact to represent and act for and on behalf of the Corporation sad Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority The authority of such Resident Assistant Secretaries, Attorueys-in-Fad and Agents shall be as prescribed in the instrument ev;dtnclag
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make sucb appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the ] 1st day of July, 1994, and said Resolution has not been amended or repealed:
"R.ESOLVED, that the signature of any Vice -President. Assistant Scvetary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of artoraey, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these preseru to be signed by its Vice -President, and its corporate seal to
be hereunto affixed this 24th day of May 19 91
THE AMERICAN INSURANCE COMPANY
'`•••rt 0 B
Y
v,ra.prscdrsn
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 74 rh day of *resit 19 41 -- before me personally came R. D.arnSwOrth
to me known, who. being by rase duly sworn, did depose and say: that be is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed -cite above instrurent; that he knows the seal of said Corporation; that the seal affixed tc th..—id instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto sex my hand and affixed my official sea). the day and year herein first above written.
Hass+sllseats Miasmas teteeeettmeserle"oil styli goo ts w
OFFICIAL SEAL
J. M. VANDEVORT i
NOTARY PUBLIC • CALIFORNIA Naearyhbbc
Principal Office in Marin County
s µr Cvneeission Ispires Awp. 211. 1991 = CE3rTMCA7E
it- life$IIMcalla IIto" eteeIli teIgo Zito" Ialso etlllIts ttets
STATE OF CALIFORNIA
as.
COUNTY OF MARIN
1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation. DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full forte and bas not been revoked. and furthermore that Article VII, Sections 45 and 46 of the
By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 7RTH day of JULY 1994
�'•ii'ca+�f Itcod u AMMUM Semen
360711-TA.6.90 (REV)
CHUBBCpROUP OF INSURAN(* COMPANIES
4C1F-IU113113 V) Mo,111ltlln vutvy Il.,:r,i P 1 r liar ff-,Vi. Warmu 11,.,v ir,riw wl`i
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $
Know All Men By These Presents,
That we,
Excel Paving Company
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the lays of the Stale of Indiana, (hereinafter called the Surely), as Surely, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of Ten percent of the total amount of the bid Dollars
(S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 20 day of July
A. D- nineteen hundred and 94
WHEREAS, the Principal has submitted a bid, dated August 2
for Golden West Widening (Phase 3)
from Walnut Avenue to Yorktown Avenue (OC911)
, 19 94
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shaft be nuff and void, otherwise to remain in full force and effect.
Excel Paving Company
Principal
By: 6_ - C.P. srwn Present
FEDERAL INSURANCE COMPANY
By: CQ - 4"
Dou s A. RRaaM
Atto ney in Fact
rw�iEn
F:O,- ,s 0? 0002 (Rh 4 901 L 72d?W CXN)
0
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 7 zn before me, . Christine M. Rapp. Natary Public __ �_
Date Name, Title or OMcer - e.g. "Jane Doe, Notary Public"
personally appeared Douglas A. Rapp
Names(s) of Signer(g)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
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 on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
CHRISTIN[ M. RAPP
Comm. tt 969193
NOTARY "UC C LLIFORMA
h f✓ `�: � IL My Comm Ewes OwIJJW 9.1996
Signature of NotaryIF
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document.
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s) —Partner(s)
Corporate _Other
Officer(s)
Titic(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
`Attorney -in -Fact
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain Vier Road, ftrnm. NJ UM9
(908) 580-2000
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California —
each its true and lawful Attomey-in-Fail to execute under such designation in its name and to affix Its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding In any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under
the laws, ordinances or regulations of any State. City, Town, Village. Board or other body or organization, public or private;
bonds to 1iransportstion Companle% lost instrument bonds; Lease fronds, Workers' Compensation bonds. Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3 Bonds on behalf of contractors in connection with bids, proposals or contrails.
In Wkness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused
these presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hersto affixed
this loth day of • March 1994
Corporate Seal
Kenneth C. Wendel
Assistant SeOW"
STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vice PresWent
On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty swom, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the Bylaws of said Company,
and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he Is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By -Laws and in deponent's presence.
Notarial Seal
ep
Acknowledged and Sworn to before me
on the date above written.
(J Notary Public
144JtBT A. 9GAVQt�
11" Ride. Stats of New lsaw
No. 2WI20
Cs+ec�iMias "xi*" Omoyor 2. 1994
Fans 1&1t1." (n«. 142y GENERAL htmw7 MM .
•.
State of CALIFORNIA
County of LOS ANGELES
On T,,-q� before me, Celeste A.
Graham, Notary Publi
LATE) ViAM nTLE OF CF.ECER-,.e.'JANE JOE. hoTARY-jdL3C'I
personally appeared Excel Paving Company by Palp
INAMEIS7 OF SIGNERISn
Incorporated Partner By C.P. Brown President
U personally known to me -OR- O
_., CELESTE A. GRAHAM
COMM, S 992999
d_ f? fYOtOrY Public- Coliforrtlo IV
SOS ANGELES COUNTY
My COMMISSION EXPIRES JULY 30, 199T
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
signatures) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL)
ATZZOF1TARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages pate of Document
DESCRIBED AT RIGHT-
Signer(a) Other Than Named Above
ZOLCOTTS FOAM 82740 Re•- 3.94 Epace Ons 0.2A1 Qt 994 WOLCOT TS FORMS. INC
l PURPOSE ACKNOWLEDGMENT VATM SIGNER CAPACETYIREPRESENTATiONftWO FINGERPRINTS
RIGHT THUMBPRINT (optional)
B
x
0
CAPACITY CLAIMED BY S)GNER(S)
❑INDIVIDUAL(S)
O COR PORA TE
OFFICER(S1
mruta
❑PARTNERIS) ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
❑TRUSTEEISI
❑CUARDIANICOHSERV ATOR
POTHER:
SIGNER IS REPRESENTING:
(Name of Peroonlsl or Entity(iael
RIGHT THUMBPRINT ioplio,+Nl
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALIS)
OCORPORATE
OFFICER(SI
ITITUM
❑PARTNERIS) ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
❑TRUSTEE(S)
❑ GU A RDIA NICONSE R VATOR
OOTHE R:
SIGNER IS REPRESENTING.
(Name of Peraon(al or EntityGa91
7
The undersigned is prepared11satisfy the Council of the City of Huntgton Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in -
accordance with the plans and specifications set forth.
E
Company ame
l
Signature of Bidder
C.P. Brawn President
Printed or Typed Signature
Subscribed and sworn to before me this — day of , 199_ .
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. SEE ATTACHED
Name and Address of Public Agency
2.
3.
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
Date Completed
Date Completed
Date Completed
C-ia
State of CALIFORNIA
County of LOS ANGELES
On v -- l A before m_e, Celeste A. Graham, Notary Publi
ATfl R.AMEft.:lf OF OfF.C'AL .e.-JAflf OOf. N07A)tf PUBLIC•1
personally appeared Excel Paving Company Pal
WAME(SI OF WGNER(S11
Incorporated Partner By C.P. Brown President
ER personally known to me -OR- ❑
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signatures) on the
instrument the person(s),
l :: CELESTE A. GRAHAM or the entity upon behalf
COMM. 31:992999 of which the persons)
z Notor► Public . Coriforrff7 'V acted, executed the
r instrument.
V_ ANGELES COUNTY
MY CONJwISSION EXPIRES JULY 30, 19M
fitness my hand and official seal.
MEALI
(SIGNATURE OF NOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Doclmrcrn
MUST BE ATTACHED
To THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT;
Sipner(sf Other Than Named Above
MrOLC0TT5 FORM e3240 Rs.. 3.94 Ip•.C4 class 9-2A1 0t904 WOLCOTTS FORMS. INC
114 1-OTT SI ACKNOWLEDGMENT WTN SIGNER CAPA{:ITY1AEPRESfNTAT1ONf WO FINGERPRINTS
RIGHT THVMBPRMT (Optional)
CAPACITY CLAIMED BY SIGNERISI
❑INDIVIDUAL(S)
❑CORPORATE
OFFICERISI
jil nlfa
OPARTNERISI ❑LIMITED
CIGENERAL
[]ATTORNEY IN FACT
OTRUSTEEISI
OG UAROIANlCONSER VATOR
OOTHER.
SIGNER IS REPRESENTING:
(Narm of Pefsonlel or EntityCleal
RIGHT THUMSPRtNT (Optaonafl
L
0
CAPACJTY CLAIMED BY SiGNER(S)
OINDNIDUALIS)
❑CORPORATE
OFFIGER(S)
rnTt[A
❑PARTNERISI ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
OTRUSTEE{SI
❑ GUA RDIA NICONSER V A TOR
❑OTHER:
SIGNER IS REPRESENTING:
[Name of Personrsl of Entity{;esl
7 "'67775-6324n1111 R
L
CHUBBOROUP OF INSURAN(* COMPANIES
4-=HUE3113 1ri M—wlmn %ii••w 11 .1 1 1' 1 f H.- W11. w:u„oil III.k. l"p.0%, 11,1u.i Jill"
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $
Know All Men By These Presents,
That we,
Shawnan Corporation
(hereinafter called the Principal),
as Principal, and the FEDERAL. INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Huntington Beach
(hereinafter called the Obligee),
in the sum of Ten percent of the total amount of the bid Dollars
($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 25 day of July
A. D. nineteen hundred and 94
WHEREAS, the Principal has submitted a bid, dated July 28
for Golden West widening (Phase 3)
1994
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
Shawnan Cornoration
W
r r �rill�
• : ► .- .
FEDERAL INSURANCE COMPANY
By: J-V, ,,
Dougl A. Rapp ttorney in Fact
PAWTEO
FO-- IS 0700021118. 4901 µ24706 C20m) uS
f�
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 7/25/94 before me, Christine M. Rann, Notary Puhl i r_
Date Nome, Title of Officer - e.g. "Jane Doe, Notary Public"
personally appeared Douglas A. Rapp
Names(s) of Signers)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
r (HRISTIHE M. RMT
C Q Comm. N 969193
i 3 NOTARY PUBLIC CAL)FORNiA
rfY CcmOr fxge C uM111 199b
Signature of Notary ! " "
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent Attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAI. SECTION/
CAPACITY CLAIMED BY SIGNER
—Individual(s) —Pariner(s) —Alto rney-in-Fact
_Corporate _Other
Office
Tides)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ GM9
(908) 580-20W
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted
and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna
Hills, California ------------------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Ball Bonds) Tiled in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other Indemnity bonds under
the laws, ordinances or regulations of any State. City, Town, Village. Board or other body or organization. public or private;
bonds to Transportation Companies, Last Instrument bonds; Issas bonds, Workers' Compensation bonds. Miscellaneous
Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3 Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused
these presents to be signed by Its Vice President and Assistant Secretary and its oorponde seal to be hereto affixed
this loth day of • March 1994
Corporate Ssaf
Kenneth C. Wendel
Assftmt Secretary
STATE OF NEW JERSEY ss
County of Somerset
FEDERAL INSURANCE COMPANY
BY QQ J, y��
/Yt !-ice" '� y Qxt �
Gerardo G. Mauriz
Vice President
On this loth day of March 19 94 ,More me personally came Kenneth C. Wendel to me known
and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in end which
executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed
to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company,
and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted
with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G.
Maurtz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed
by authority of said By -Laws and in deponenl's presence.
Notarial Seal
•
Acknowledged and Sworn to before me
on the date written.
J Notary Pubic
7,�+(gr A. SCAvp�
y ?v'Nk. SZ&ts of 1Wr Jew
No. 2RL4i320
C +uiae R3rFirss Oocober 2. 1"4
�rrED
Form � I"W Mft >aeM GENERAL M-5sev Isom ui.
0
0
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
on�J.r .� r before me, STAGY L. J/IC�CSON, I AARY PUBLIC
ate Name, Title of OMcer - e.g. "Jane Doe, Notary Public"
personally appeared p %-18 r 3' e. & Sec.
NoMts(s) of signer(s)
personally known to me or proved to ine on the basis of satisfactory evidence to be
the liehbd(s) chose name(s) islare subscribed to the within instrument and
acktioMedged #o the that he/shelthey executed the some in his/her/their authorized
capaeity(itys), and that by his/her/their signature(s) on the instrument the person(s),
or the entity oI1 behalf of which the person(s) acted, executed the instrument.
Witness ihy hand and official seal,
SlgnqU�e of Notary
_
STACY L. JACKSO,`�
=�
COMM. 0982348 S
1 s
WARY Pv9UC • CALIFORNiA
LOS AN3ELES COUNTY
My Comm. Expkas Jan. 10. 1997
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attathment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT BIDDER'S S=
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages_f _Date of Document_ffv� �? 199 Y
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
—Individual(s) —Partner(s) _Attornev-in-Fact
Corporate _ _Other
Officer(s)
Ti d e(s)
SIGNER IS REPRESENTING:
Name of persons or entity(les) SHAWNAN Corporation
� RELIAN� IN£�URANCE CC�PANY
HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA
Bid Date: 8/2/94 Bond No n�a
BID BOND
APPROVED BY THE AMER [CAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A310 (FEB. 1070 EO.I
KNOW ALL MEN BY THESE PRESENTS, that we
DAMON CONST. CO.
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called the Obligee, in the sum of
Ten Percent of the Total Amount of the Bid
Dollars f$ 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
Golden West widening (Phase 3) from Walnut Avenue to Yorktown Avenue
Cash Contract No. 911
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 fur-
nished 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 25th day of July A D 19 94
DAMON CONST. CO.
�Psincio.I� $a/I
(Title) d �
RELIANCE INSURANCE COMPANY
J
ft
Hen y F. Wright Attorney n Fact
BDR-2305 Ed. 10.73
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On July 25, 1994 before Ine, JOHN P. BROOKS, NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E-G. 1ANE DOE, NOTARY PUBLIC
personally appeared
Personally known to me - OR -
.%• � fit.
_ JOIN P. BROOKS
r, NOTARY PUBLIC•CALH ORMA
'•£`i.,`;/% PRINCIPAL CFFICE Ill �
LOS ANGELES COUNTY 3
L1y Cammission Expires Oct. 21. 1994 y
Henry F. Wright
NAME(S) OF SIGNER(S)
❑ 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 heJsbe/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the documeat and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
REANCE INSURANCE COMPA
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY. a corporation duty organized under the laws of the State
of Pennsylvania. does hereby make. constitute and appoint Henry F. Wright, individually, of Pasadena. California, its true and lawful
Allot neyfsl-in•Fact, to make, execute, seal and deliver for and on its behalf. and as its act and deed any and all bonds and undertakings of
suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and
attested by one other of such officers. and hereby ratifies and confirms all that its said Attorneytsl-in-Fact may do in pursuance hereof
This Power of Attorney is granted under and by authority of Article VIl of the By -Laws of RELIANCE INSURANCE COMPANY which
became effective September 7, 1978. which provisions are now in full force and effect, reading as follows -
ARTICLE Vll • EXECUTION OF BONDS AND UNDERTAKING
1 - The Board of Directors, the President. the Chairman of the Board. any Senior Vice President. any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings. recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and fbi to remove any such Attorneylsl-in-Fact at any time and revoke the power and authority given to them.
2- Attorneylsl-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings. recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds. recognizances. contracts of
Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June. 1979. at which a quorum was present, and said Resolution
has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney of any certificates relating thereto by facsimile. and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company. in the future with
respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
RELIANCE INSURANCE COMPANY
,.sum
�T
C L
STATE OF Washington�! Vice President
COUNTY OF King ;ss.
On this 24 day of August, 1993 personally appeared Lawrence W. Cadstrorn
to me known to be the Vice President of the REL;12N:=�a9=W1e2-'.CO1J
PANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of sand that Article VII, Section 1. 2. and 3 of the By -Lows of said
Company,and the Resolution, set forth therein, a
O
Y 4 NOip4Y
L' LAIE=21 I , Tr -17
-4 PUBLIC z
�pit, 3—OS"96 .O Notary Public in and for State of Washington
� _ �V Residing at Puyallup
1. Robyn Laying. Assistant Secretary of the RELIA IRSWPANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by sai RANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 25th day of July 19 94
6�
Assistant Secretary
� r
VD YO
eoR 1431 Ed 3193
RECEIVES
l r rY
AUG 2 2 5s N '9q
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C-3 2
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O r^Im
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C.L7 �y
REQUEST FOR CITY COUNCIL ACTION
Da AJul PPP,�.4YCI`CL
ryCOUN _
Submitted to: Honorable Mayor and City Council jgq�
Submitted by: Michael T. Uberuaga, City Administrator rrry�K
Prepared by:PK Silver, Assistant City Administrator
Subject: PHASE III OF GOLDEN WEST STREET WH)ENING; CC-911
Consistent with Council Policy? [M Yes New Policy or Exception?
du
Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments:
STATEMENT QF ISSUE:
Plans and specifications for Phase III of the Golden West Street Improvements have been
completed.
REC MMENDED A TI N:
1. Approve the plans and specifications and authorize the Assistant City Administrator to solicit
bids for construction, and
2. Approve the attached sample contract, subject to award of the construction to the lowest
responsive bidder for Phase III of Golden West Street Improvements from Walnut Avenue to
Yorktown Avenue; CC-911.
ANALYSIS:
On April 3, 1989, the City Council approved the selection of an engineering firm to prepare
construction drawings and specifications for the improvement of Golden West Street, from Pacific
Coast Highway to Warner Avenue. The firm completed the street improvement plans in June of
1991. Phase I of these improvements from Ellis Avenue to Slater Avenue has been completed.
Phase 11 from Pacific Coast Highway to Walnut Avenue is also complete.
Phase III consists of street improvements on the west side of Golden West Street between Walnut
Avenue and Orange Avenue. Also included are the construction of the traffic signal interconnect
between Palm Avenue and Yorktown Avenue and the construction of missing sections of sidewalk
on the west side of Golden West Street between Walnut Avenue and Palm Avenue.
Engineer's Estimate of the Phase III project cost, including 10% contingency, is $220,000. i<v
RCA - Golden West St. Widening, Phase III; CC-911
July 5, 1994
Page 2
ENVIRONMENTAL STATUS:
The Planning Commission approved a Negative Declaration for the project in December, 1988.
This fulfilled the environmental requirements pursuant to the California Environmental Quality
Act.
FUNDING SOURCE:
Gas tax funds in Account No.E-SF-PC-911-6-32-00.
ALTERNATIVE ACTION:
Deny this request.
ATTACIBfENTS:
1. Project Location Map
2. Sample contract
RS:AAF:dw
CC-91 1?RCA-BidAppr
v: cn v: v:
I Mc FADDEN
zE0ING7-:R
J Q
Y i
n �HEILy
M 7
m UI�
r 01 !1 V
J
N a —rn
GGL DFN W S T S T-, Er T� , 9
FROM WALNUT AVENUE TO YONKIOWN A'/ENUF
Cr U
C , 1
OCEAN
PROJECT LOCATION _MAP
CITY OF HUNTINGTON BEACH
5/21/94 DEPARTMENT OF PUBLIC WORKS G-\ACA0\CG911\91:wd DwG
•
•
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE WIDENING AND TRAFFIC INTERCONNECT
CONSTRUCTION ON GOLDENWEST STREET FROM
WALNUT AVENUE TO YORKTOWN AVENUE (CC-911)
TABLE OF CONTENTS
Pape No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
5
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
8
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
9
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
10
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
11
22.
DEFAULT & TERMINATION
12
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
12
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
13
27.
NOTICES
13
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
14
31.
ENTIRETY
15
6fagreeltownlovOW9194
0
0
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE WIDENING AND TRAFFIC INTERCONNECT
CONSTRUCTION ON GOLDENWEST STREET FROM
WALNUT AVENUE TO YORKTOWN AVENUE (CC-911)
THIS AGREEMENT, made and entered into this day of
1994 by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
, a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as the widening, and traffic interconnect construction on
Goldenwest Street from Walnut Avenue to Yorktown Avenue, in the City of Huntington Beach;
and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
1 Sample
WM791construct=/09194
ti
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
under them for the compensation set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units
of work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS.
CONTRACTOR acknowledges that it is fully familiar with all the terms.
conditions and obligations of this Agreement and the Contract Documents (as hereinafter
defined), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its investigation of all such
matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the
work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1991 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California
2 Sample
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chapter of the American Public Works Association and the Southern California District
Associated General Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in
the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy between any plans,
specifications, special provisions, or addenda, the matter shall be immediately submitted by
CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as
"DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR,
save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ }, as set forth in the Contract Documents, to be paid as provided in this
Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued
by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
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The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the worts shall be performed and the priority of the work of other
contractors, subcontractors and CITY forces and, in general, all matters concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work. CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not
agree to such cost proposal, the work shall be performed according to the changes ordered in
writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost
and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an
adjusted change order to CONTRACTOR and the contract price will be adjusted upward or
4 Sample
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downward accordingly.
7. NOTICETO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to the
CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date
the Notice to Proceed is issued. In event of a delay in commencement of the work due to
1.
unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a
time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney: One in the
amount of one hundred percent of the contract price to guarantee the CONTRACTOR's
faithful performance of the work; one in the amount of one hundred percent of the contract
price to warrant such performance for a period of one (1) year after CITY's acceptance
thereof; and one in the amount of one hundred percent of the contract price to guarantee
payment of all claims for labor and materials furnished.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the worts, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
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CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and
all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of calendar days
as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical
and extremely difficult to ascertain and determine the actual damage which CITY would
sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of
Dollars ($ ) per day for each and every working day's delay in completing the work
in excess of the number of working/calendar days set forth herein, which represents a
reasonable endeavor by the parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of and by reason of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement
of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend
6 Sample
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the time for completing the work if, in its judgment, the findings of fact thereon justify the
delay; and the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of
the cause thereof, and including without limitation the furnishing of material by CITY or delays
by other contractors or subcontractors, will be allowed and said extension of time for
completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice: .The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily encountered and generally recognized as
inherent to work of the character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such conditions do materially so differ
and cause an increase or decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of such conditions, an
equitable adjustment shall be made and the Agreement modified in writing accordingly;
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(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder,
provided, however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than
the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of
this section. The DPW may, at its sole discretion, when warranted by the facts and
circumstances, order an equitable adjustment, upwards or downwards, in payment to the
CONTRACTOR where the actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an
equitable adjustment in price or time for completion shall be allowed if asserted after final
payment under this Agreement. If the quantity variation is such as to cause an increase in the
time necessary for completion, the DPW shall ascertain the facts and circumstances and
make such adjustment for extending the completion date as in its judgment the findings
warrant
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will
be deducted and retained by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if
the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR
8 Sample
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may be paid such sum as will bring the payments of each month up to one hundred percent
(%100) of the value of the work completed since the commencement of the PROJECT, as
determined by DPW, less all previous payments and less all previous retained amounts. The
final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five
(35) days after the acceptance of the work and the filing of a Notice of Completion by CITY.
Payments shall be made on demands drawn in the manner required by law, each payment to
be accompanied by a certificate signed by the DPW, affirming that the work for which
payment is demanded has been performed in accordance with the terms of the Agreement
and that the amount stated int. certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as a acceptance of any part of the
work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been
paid in full and that there are no claims outstanding against PROJECT for either labor or
material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or
items in connection with Notices to Withhold which have been filed under the provisions of the
statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
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18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments,
costs and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those
which arise out of the active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense.
CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in
enforcing this obligation.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR
acknowledges awareness of section 3700 et seq. of said Code, which requires every
employer to be insured against liability for workers compensation; CONTRACTOR covenants
that it will comply with such provisions prior to commencing performance of the work
hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount
of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall
furnish to CITY a certificate of waiver of subrogation under the terms of the workers
compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive
subrogation.
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20. INSURANCE
CONTRACTOR shall cant' at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, productstcompleted operations, and blanket contractual liability. Said insurance
shall also include automotive bodily injury and property damage liability insurance. All
insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all
operations, subcontract work, contractual obligations, product or completed operations and all
owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and
its officers, agents and employees, and all public agencies as determined by the CITY as
Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full
force and effect during the life of this Agreement, in a amount of not less than One Million
Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form
which includes a designated aggregate limit, such limit shall be no less than One Million
Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately
notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its
insurer to waive its subrogation rights against CITY and agrees to provide certificates
evidencing the same.
21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force
and shall promise to provide that such policies will not be canceled or modified without thirty
(30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by
CITY.
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The requirement for carrying the foregoing insurance coverage shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms
of this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and
timely manner, the premiums on all insurance policies hereunder required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as
Additional Insureds shall be provided to the City Attorney for approval prior to any payment
hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in
such event CITY may make good the deficiency in which the default consists and deduct the
resulting costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
12 Sample
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24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of California Government Code sections
1090 et seq.
26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees,
costs and necessary disbursements arising out of the processing of Stop Notices, Notices to
Withhold, or any similar legal document. Said obligation shall be provided for in the labor and
materials payment bond required of CONTRACTOR. CITY may charge an administrative fee
of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to
be made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
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29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
H
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attomey is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
REST OF PAGE NOT USED
14 Sample
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31. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
10
CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal
corporation of the State of Califomia
By:
print name
ITS: (circle one) Chairman/PresidenWice President
By:
Mayor
APPROVED AS TO FORM:
print name
ITS: (drde one) Secretary/Chief Financial Officer/Asst. -� City AttOmey i Q �(!r
Secretary - Treasurer G--
INITIATED AND APPROVED:
ATTEST:
Director of
City Clerk
REVIEWED AND APPROVED:
City Administrator
15 Sample
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3TilneS � J/y�ajti�9
SECTION A
NOTICE INVITING SEALED BIDS
for the
GOLDEN WEST W DENING (PHASE 3)
CASH CONTRACT No. 911
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGION BEACH, as
AGENCY, invites sealed bids for Bove -stated projects and will receive such bids in the office
of the City Clerk, Second Floo�'� Main Street, Huntington Beach, California 92648, up to
the hour of 3:00 P.M. on July 28, 1994. 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, 4500 Main Street, Huntington Beach, CA 92648, upon payment of a
$26r 0 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed.
tw-00
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, 4500 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
unth the Instructions to Bidders_
A-1
Th,e. bid must be accompanied certified check, cashier's check, or Iar's bond made payable
to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall
-be licensed in accordance with provisions of the Business and Professions Code and shall possess
a State Contractor's License Class at the time of the bid opening. The successful Contractor and
his subcontractors will be required to possess business licenses from the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFOR LA,
the Sh-ay of July 1994.
Attest.
Connie Brockway
CITY CLERK OF THE CITY OF HUN fNGTON BEACH
A-2
OFFICE OF THE CITY CLERK•
CITY OF HUNTINGTON. BEACH
2000 MAIN STREET/P. O. BOX 190
HUNTINGTON BEACH, CALffORNU# 92648
Multifax Image Mate
(714) 374-1557
•`•PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE}'"
TO:
FAX NO. In 40
PHONENO. yea
FROM:
NUMBER OF PAGES (INCLUDING COVER PAGE)
DATE SENT: % TIME SENT: ' CZ PM
OPERATOR'S NAME .Cic /,
PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY
(714) 536--5227
COMMENTS:
CHARGE FOR THIS MATERIAL:
1038K
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. 1 am a principal cleric of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
July 14, 21, 28, 1994
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on July 28 , 199 4
at Costa Mesa, California.
Signature
' N6TICE�
clzssilication or typo of
�PUBLIC
workman needed to ex -
SECTION A
acute the contract shall be�
NOTICE INVITING
those determined by the
SEALED BIDS
Director of Industrial Rela•
for the
Lions of the Sta+e of Captor-1
nw. which are on NO at the
l
GOLDEN WEST
Once of the Director of
WIDENING
Pubic Works. 4500 Main)
(PHASE 31 CASH
Sueet, Huntington Beach.
CONTRACT No. 911
CA 92648
In the
The AGENCY will deduct_
CITY
a 10% retention from all
The!
HUNTINGTONFBIcACH
Progress payments-
Contractor may substitute
IC
,C
PUBLIC NOTE I$
an escrow holder surety at
HEREBY GIVEN the
equal va!ue 10 the retention
CITY OF HUNTINGTON
In accordance with the pro.
BEACH, as AGENCY. in-
visions Of the California
vises sealed bids for the
Government Code, Section
above -stated projects and
45". The Contractor shall
will receive such bids in
be beneficial Owner OI the
the office of the City Clerk,
t surety and shall receive
Second Floor, 2000 Main
any Interest thereon.
Street. Huntington Beach,
The AGENCY hereby at.
Cal:lornia 92648, up to the
5tmalively ensures that mi-i
hour of 3-00 P.M. on Ju:y
nority business enterpr!ES4
28. 1994- Bids will be pub-
will be allowed f-.:' op-
licty open in the Council
portunity to submit Dias in
Chambers unless other-
response 10 this notice and
wise posted.
will not be discriminated
Copies of the Plans,
against on the basis of
Speci:ications and contracr
race. cofor, national origin,
documents ere available
ancestry, sex or religion In
from the Office Of the Di-
any Consideration leading
rector of Public works,
to the award of contract.
4500 Alain Street. Hunting-
No bid shall be con -
Ion Beach, CA 92648. upon
sidered unless It Is pre-
payment of a $20-00 nonre-
pared on the approved
fundable I" if picked up.
Proposal forms in contorrn-
or payment of $25.00 non -I
ancg with the Instructions
refundable fee if mailed.
Any contract entered Into
t0 Bidders.
The bid must be
pursuant to this notice will+
ac-
companiod by a certlfled
incorporate the pr"slons
of the State Labor Coda.!
- Check. cashier's Check, or
bidders bond made pay -
Pursuant to the provisions'
ab:0 to trig AGENCY for an
of the Labor Code of the
amount no less than 10%
State of California. the min-
' of tha amount bid. - The
Imum prevailing rate of per
Successful bidder shall be
diem wages for each craft.
Licensed in accordance
with provisions Of the BUSI-
ness and Professions Cade
and shall possess a Stilts
Contractor a License Class
at the time of the bid open-
ing. .The successful (;On, -
tractor and his subcontrac-
tors wilt be required t0 pos-
sess business licenses
from the AGENCY. -
The AGENCY reserves the
right t0 reject any or all
bids, t0 waive any irreQular-
ity and t0 tail@ all bids
under advisement for a
maximum period of 60
days -
BY ORDER of the CITYI
COUNCIL of the CITY OF
HUNTINGTON BEACH,
CALIFORNIA, the 11th day
Of July 1994.
Attest: Connie Brock-
way, CITY CLERK OF
THE CITY OF HUN-
TINGTON BEACH -
Published Huntington
Beach -Fountain Valley_ In-
dependent Juty 14. 21. 28,
1994. - .1
0T3-T60
• SECTION C
PROPOSAL
for the
GOLDEN WEST WIDENING (PHASE 3)
from
WALNUT AVENUE TO YORKTOWN AVENUE
CASH CONTRACT No. 911
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in the
office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform
the work therein to the satisfaction of and under the supervision of the City Engineer of the City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
to complete the work within 45 working days, starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule_ BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over figures
C-1
dfROJECT BID SCHEDULE .
tern
Estimated':
tem w unit price
Extended
No.
Quantity
written in words
Unit Price
Amount
I
1
MobilzatT�, —, � G. --3—
hump sum
C �._fY _. _T liars
$3 3 J
Cents
Per lump sum
2
1
Clearing & Grubbing
lump sum
@ - -^� cn J Dollars
S I 1 Q 1
$ 11, (J) 3
~� \ Cents
Per lurnsum
3
1
Tratiics n1trol lad 8�� traffic control j 4 a
P
� `
60
lump sum
@ r r-f A, Dollars
S { �o
$ �.
Cents
Per lumpsum
4
760
Excavation
cu yd
@ t % Dollars
$
Cents
Per cu yd
S
l
Locate existing un4aground conduits ill es
•lYU
1i
lump sum
`�i�
@h c� 1-1 �i "VOltus
` ] I
$
cents
Per lum sum
6
1145
Remove & co new CL�Cnce.��
LF
V T -Dollars
•@1
S t • y
S
2 (3 r Cents
Per LF
7
1
Aban x Air Vacl& Cont. New Per Water td_ 611
t ALA
T1
each
`j`
�a ci 0. ► -i Dollars
a
Cents
Per each
8
3000
Construct Traffic Simal Interconnect System
M -�J
0
�n
LF
@ Dollars
S
$
Cents
Per LF
9
415
Construct 8" "A2" Curti Gutter
-T
U
O
LF
�
@ L, t `;�1- - - - Dollars
$
r
$
Cents
Per LF
10
19650
Construct PCC Sidewalk
sq Ft
W
@ Dollars
s a .
e Cents
Per Sq Ft
C-Is
eROJECT BID SCHEDULE .
Item 11
No. I
EstimatedItem
Qua-ntity I
wktfi unit price
written in words
Unit Price
Extended
Amount
11
515
Tons
Construct Asphalt Concrete
@ —AI� Dollars
p
s '33.
Cents
Pcr Tons
12
1
harp sum
Adjust Manholes'Valve Cars cic to 0r3t
Q, �� r-� ollars
S_
$
Cents
Per lump sum
13
1
each
Adjust Cattmdic Protection Manliple t gr3d
vr�":.Cr` �*r
(a � Dollars
o �,
s y `�3 .
o
S L l
Cents
Per each
14
22
Install 6' diameter traffic detection loo
�{ I1lars
Ueach �� i `v o "`^`,�� `
ST
r\ t0 Cents
Pcr each
15
lump sum
Adden N Mbef 1 M k
�` x �llars
s
Cents
Per 'UM2 sum
@ Dollars
s
$
Cents
Per
Dollars
s
S
Cents
Per
Dollars
s
$
Cents
Per
Total Amount Bid in Figures: S
Total Amount Bid in Words: b ►.�
................................ .....�`�..
o V G
6�1Ct�� V,- L
CO .18
d +-e � ��.°!........
�"
C-2s
If awarded the Contract, Andersigned agrees that in the event o e 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.
W F,- C NT OF AAA�1''� w
Accompanying this proposal of bid, fin in the amount of $ '"�1�
said amount is not less than 10% of the aggr gate o the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any
Addenda No.
Date Received
Bidder's Si nature
CF
.. Brown President
C-z
TIST 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
S
A Si r oC_ r
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
110SCOLLUSION AFFIDAVIT•
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
4p. BROVN
being first duly sworn, deposes and says that he or she is
'&,eE--,i6 ,iE Fil - of Excel ving Company 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 share; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has 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.
Excel Paving Company
Name of Bidder
r-� 444w C.P. Brown President
Signature of Bidder
2230 Lemon Avenue
Loft Beech, California 908W
Address of Bidder
Subscribed and sworn to before me this day of , 199
NOTARY PUBLIC
NOTARY SEAL
C-4
•
County of LOS ANGELES
On - q before me, Celeste A. Graham, Notary Publi
(DATE) ;NATrE/Tl':C OF )FFICfP &_'JANi OGE. NOTARY PUBLIC')
personally appeared Excel Paving Company by _Palp
WAMEISI OF SIGNEFt1Sll
Incorporated Partner By C.P. Brown President
U personally known to me -OR- ❑
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
islare subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signaturetsl on the
�,- instrument the person(s),
CELESTE A. GRAHAM or the entity upon behalf
,.I COMM. 992999 of which the person(s)
CafiforWp ro acted, executed the
4U� AhGELES couflTY instrument.
AiY COMMISSION ExP(RES DULY 30, 199T
fitness my hand and official seal.
(SIGN TUNE OF
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
ft could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CEATIFICATE Title of Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Paper
DESCRIBED AT RIGHT:
Slpnprtal Other Than Named Above
WOLCOTTS FOAM SJ240 Re— 3 94 )was tins 8.2AI (1)1 994 WOLCOTTS FORMS. INC_
RIGHT THUWPRINT eoptimall
CAPACITY CLAIMED BY SIGNERISI
CINOIVIDUALISI
❑CORPORATE
OFFICER(SI
ITl ruo
❑PARTNER(SI ❑)BAITED
❑GENERAL
❑ATTORNEY W FACT
❑TRUSTEE[Si
❑ GUARDIANICON SERVATOR
❑OTHER-
JIuniers hl "t"MrALM I MU:
(Narne of Parson{a) or Entitypeal
RIGHT THUMSPRINT (Optional)
CAPACITY CLAIMED BY SIGNERISI
QINDIVIDUALISI
❑CORPORATE
❑PARTNERISI ❑UMiTED
❑GENERAL
❑ATTORNEY W FACT
❑TRUSTEE(S)
OGUARDiAWCONSERvATOR
CIO THE R=
S30JYER IS REPRESENTING.
(Name of Peraon(al or Ent-ty(wal
0 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 GOLDEN WEST WIDENING (PHASE 3), (I)(we)(it) will employ and
utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical
secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California
Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date- %-) -q q
Excel Paving COMPanY
Contractor
? xwv_�
By
C.P. Brown President
Title
C-5
A" DISQIPALIFICATION QUESTIONN
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 VNO
If the answer is yes, explain the circumstances in the space provided_ y
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPEIRATION INSURANCE CERTIOCATE
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 �A
Excel Paving Company
Contractor
CA Bra-wii Pres6dant _
Title
C-7
UNIIERGROUND SERVICE ALEN
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 0
BIDDER certifies that the following information is true and correct:
Excel Paving Company
P. max 16406
Bidder Name 2230 Lemon Avenue
Long Beach, California 90806
Business Address
City, State Zip
} P101599-5841
Telephone Number
STATE LICENSE # 454186 A
State Contractor's License No. and Class
Original Date Issued
2� �-910
Expiration Date
The work site was inspected byy, n,en of our office on C')- , 1994_
The following are persons, firms, and corporations having a principal interest in this proposal:
LP. BROWN
PALP INC. & Y.A.A. CORPORATION
C-9
CITY OF HUNTINGTON BEACH
i` 2000 MAIN STREET CALIFORNIA 92648
GOLDEN WEST WLDENLNG (PHASE 3)
FROM
WALNUT AVENUE. TO YORKTOWN AVENLrE
CASH CONTRACT No 911
ADDENDUINI NUMBER 1
July 12, 1994
Notice to All Bidders:
The following shall be included in the bid documents
1. Beach Parking Lot Entrance plan sheets L & 2
2 Pacific Coast Highway widening plan sheet 8 of 40, Rev 3
3 Caltrans Encroachment Permit No. 1294-NCS-0056
4 Revised Bid Schedule page C-2s (this replaces the original page C-2s)
The contractor shall be responsible to construct all improvements on the above described
documents. These improvements are generally the removal and reconstruction of the driveway on
Pacific Coast Highwav at 6TH. Street, construction of Caltrans B3 median curb with stamped
concrete, removal of an existing AC driveway and replacing with concrete sidewalk and curb,
and the relocation of an existing, fire hydrant.
The contractor is responsible for securing a duplicate Caltrans permit (Estimated fee $700.00) and
perform all %work to complete the items described above and the special/eeneral provisions of the
encroachment permit.
Change the bid opening time and date from 3:00 P M. July 28, 1994 to 3 00 P M August 2, 1994
All bidders shall acknowledge receipt of this Addendum with their proposal
Addendum No. 1-CC91 1
Page 3
7/ 12/94
Anfho y A. Folaron, P.E.
Associate Engineer
1 have reviewed Addendum No 1 dated July 12, 1994. 1 understand that a signed copy of this
Addendum shall be included in the bid documents.
Excel Paving Company
Company Name
I-D-54
Date
G.Icharlonelwordladdendum. doc
By
CA Brown President
STATE OF CAUFORNIA DEPARTMENT TRANSPORTATION
• . ENCROACHMENT PERIV
TR•0120 (NEW 9/91)
In compliance with (check one):
X Your application of FEBRUARY 7, 1994
Utility Notice No. of
Agreement No. of
R/W Contract No. of
TO:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
Po mit N
1294-N -0056
Di$t/Ca/r./ M
12-ORA-39-24.85
U-016
A ri 1 22, 1994
ae i *posit
$ EXEMPT $
Peefomonce Bond Amount ( I Payment Bond Amount I I
$ NA $
Bond Company
Bond Numbw III lBond Numb*r 121
THIS PERMIT EXPIRES
JULY 31, 1994.
ATTN: ERIC CHARLONNE, CIVIL ENGINEER JSSISTANT
PHONE: 714/536-5430 , PERMITTEE
and subject to the following, PERMISSION IS HEREBY GRANTED to:
relocate one existing driveway along the southbound side of Pacific Coast Highway (ORA-1) from its
existing location (approximately 30 feet south of 7th Street) to a point directly opposite 6th Street,
all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached
Provisions and Permit Plans dated April 22, 1994.
Permittee shall contact State Permit Inspector DON PERUZZI at 714/724-2874 and State Electrical
Inspector BOB CURL at 7141724-2873 between 7 AM and 9 AM a minimum of two working days
prior to the start of work and a pre -construction meeting will be scheduled at the earliest mutually
agreeable time. Failure to comply with this requirement will result in suspension of this permit.
The following attachments are also included as part of this perma.
(Check applicable):
X Yes No General Provisions
Yes X No Utility Maintenance Provisions
X Yes _ No Special Provisions
Yes No A Col -OSHA permit required prior to beginning work,
s
In addition to fee the permittee will be bill
actual costs for.
_ Yes X No Review
Yes X No Inspedion
X Yes field Work
Of any Coltrons effort expended)
Yes No The information in the environmental documentation has been reviewed and considered prior to
approval of this permit. +
This permit is void unless the work is completed before JULY 31, 1994-
This permit 4 to be strictly construed and no other work other than specifically mentioned is hereby authorized.
No project work shall be commenced until oil other necessary permits and environmental clearances have been obtoined.
Distnbution: I APPROVED.
DON PERUZZI-1NSPECiOR
BOB CURL -ELECTRICAL INSPECTOR
cc (without attachments) Bre elker Djst " ire r
BY:
Orange Maintenance (2 copies)
Surveys Ilranch-Connic Torres
Prepared by: Alfred Anguiano WI _?erG66 41tsan, Jr_, District Permit En
Page 1 of 3
NAME: GTY OF HUNTINGTON 6EAC*
PERMIT- 1294-NCS-0056
DATE; APRIL 22, 1994
CJ
Permittee's attention is directed to Standard Specifications Section 7-1.11, "Preservation of Property",
and Business and Professions Code Section 8771. Permittee shall physically inspect the work site
and locate all existing survey monuments prior to the start of work. Monuments shall be
referenced or re -set in accordance with the Business and Professions Code.
If the work authorized by this permit is to be performed by contractors forces, Permittee's Contractor
shall furnish the State with a signed application requesting a separate Caltrans permit authorizing
the contractor to perform the work within the State Highway right of way for the Permittee.
Permittee's Contractor will be required to pay a deposit of $700.00 estimated for inspection costs
and to reimburse the State for the actual costs incurred for engineering inspection of the work
within the State right of way and other permit related field work performed by Caltrans
Maintenance Forces.
All survey operations shall conform to the Land Surveyors Act, and the attached "Code of Safe
Surveying Practices".
Permittee shall also be required to contact Caltrans Surveys Representative CONNIE TORRES at
714/724-2052 to establish procedures for a tailgate safety meeting prior to the start of work on
the first day of the survey and every 10 working days thereafter. Minutes and attendance
records of these meetings shall be forwarded to the State Permit Inspector and to Connie Torres
within two days after each meeting. Any three violations of this provision shall constitute
sufficient reason for cancellation of this permit.
In addition to the attached General Provisions, form DM-M-P-202B, the following Special Provisions
are applicable:
1- Permittee shall contact California Highway Patrol Area Commander at 714/892-4426
and OCTA DETOUR COORDINATOR (714,1638-9000, extension 4130) at least 48 hours prior
to implementing traffic control which requires lane closures. A minimum of one lane in
each direction along PCH shall remain open to public traffic at all times.
2- Permittee shall contact UNDERGROUND SERVICE ALERT at 1-800-4224133 a minimum of
two working days prior to the start of any excavation authorized by this Permit.
3- All traffic control shall be prodded, installed and maintained by Permittee in accordance
with State Standards and subject to the approval of the State Permit Inspector. All work
which requires traffic control shall only be performed on weekdays between 9 AM and 3
PM. Whenever work is within 6 feet of a traffic Iane, that lane shall be closed to
public traffic.
4- All traffic control which requires lane closures shall be in compliance with the appropriate
STANDARD PLANS traffic control system. Where required by the plan, the use of a
flashing arrowboard is MANDATORY.
5- Orange vests and hard hats shall be worn at all times while working within State right-
of-way.
6- All new structural sections within State right of way shall at least match the existing
thicknesses.
7- Permittee's attention is directed to GENERAL PROVISIONS Item 411, "Provisions for
Pedestrians".
8- All existing State facilities (including traffic signal and lighting features) shall be protected
in place. All stich facilities damaged as a result of this permit work shall be
Poge 2 of 3
71
NAME: CITY OF HUNTINGTON BEACD
PERMIT: 1294-NCS-0056
DATE:- APRIL 22, 1994
immediately repaired/replaced to the satisfaction of the State Permit Inspector, at no cost
to the State.
9- All excavations within State right of way shall be backfilled by the end of each working
day, or otherwise secured to protect the public.
14- All curb, gutter and sidewalk shall be constructed with 6-sack P.C.C. to the nearest score
marks/expansion joints. All A.C. pavement shall be constructed to the nearest saw -
joints.
99- Immediately following completion of the work permitted herein, Permittee shall fill out
and mail the attached postcard.
Page 3 of 3
_,TATE OF CAUFORNIA • OEPARTMENT OF TRANSPORTATION
;. 'STANDARD ENCROACHM�T PERMIT APPLICATION
TA 0100 (REV, "2)
Permission is requested to ernaoech on the State Htghway Rlot of Way
as follows: (CM»npitte all itews. NA q not eppl;cablej
Application Is not aompieto until all required a ttadarmmts are in"ed.
Pffir 1
Front
I I-Ew FOR CILTRANS USE
PE RMrT NO_
/a g e - pCS - 00S G
1. LOCATION. CITY
2. CCCLNTY
S. ROUTE
SMtPIEX STAMP
Huntington Beach
Orange
1
4. POST MILE
L APPLlGT1CH DATE
I R ADDRESS OR STREET NAME
01/24/94
Pacific
Coast Highway
9 4 0 0 5 6
7. CROSS STREET (Deamw ono Wwwn ftm slls)
6th Street
IL PORTION OF RIGHT OF WAY
DATE OF SUPLEX STAMP
Roadway
*. WORK TO BE PERFORS,EO eY
14L EST. START DATE
11. EST. CO%V)LETION DATE
12. EST. FOW
❑OVMFORCES ElCOKTRACTOR
04/02/94
05/02/94
$12,000
EXCAYAMN.
11 MAX DEPTH 14. AVG. DEPTH
ls. AVG_ WOTH
1s. LENGTH
1T. SURFACETYPE
1 foot 0.25 fool
35 feet
40 feet
AC and Concrete
Fgpfs
1s. TYPE
is. DIAAETEA
20. VOLTAGE r PSIG
21. PROOUCT
N/A
22. FULLY DESCRIBE WORK IWTTHIN STATE RAY: Arradl ownpreht pam (mrlimurn d "Is kkitd$ wx If). Specs, ryes. nmPt, src.. 94pp)icaDlo_
1. Construction of 90 I.f, of traffic median,
2. Removal, regrading and construction of Beach parking lot entrance.
23. Is any work belnq done on appl lcanrs property? (1r 'YES', D *#f descnDs and &f4X r sne and grad tV p4V7s.) El YES C] NO
24L It A aW, COUNTY OR OTHER AGENCY INVOLVED W ENVtR0* 04TAL APMItOVALT
❑ YES &Pw* *.WN d0 an aa• &W Made.wror.a.WIVI
Lu MUFT ❑ K.D. ❑ Eat
Q5 No IC►w& V. Wy "i . ~ 6.6. R. p m
❑ &PVEY ❑ PENCE
❑ PARADE!. CB®RAnow
❑ MA OF 95T*0
❑ FLAGS_ 3GNs. wq*MRS. ❑ 9&-,1E pmR_Y DwELLiNa
❑ GOYUUNrrY Amma" TV sYSTEid
❑ REGULATORY WAAmwa,
DECOMzJONS DANSWAY
❑ E7t0rIDN OONrROL
aEORaatIONSOW
❑ WWPORARY 3KWAL3 ❑ REYOVAL4wmAGEuENTOF
DqT* CTNE ROADWAY uARKarGS
❑ AORICIJLnJRAL APPROAC W
❑ uOOFMTpN OF TRAFFC
❑ PUW C SSTUTY MOOTCATCNS.
EXTENSK?Ns. HOOKUPS ❑ omD1 pAVNO
❑ UAAREKANCC. REOONSTMXTK)N. CA
CONTROL SYSTEMS
❑ seewALK i oumRs ❑ NAiSOX
F SURFACY4 OF A DRIVEWAY OR ROAD
APVRGAo+
❑ MOVE. TV FILMHO
❑ NONE OF THE ABOVE (ff pWW awry e. /.r i+.r in actor. MNOWM MQJA r Atpaa.ean Prr! M" ti POWV ONAM )
The trrrderWad apnres trW rw war* w+Y tw dons in aaoarsianoe with Ca+ " MASS and rryuiationr and sutysar Ica kWp@CbW and q*WV&
25. ORGANIZATION OR APPLICANT NAAfE (P►m or Typo) a. DUSMIESS PHONE
-Cilty of Nuntin ton Beach (714).536-5431-
27. ARCH(TECT. ENGINEER OR PROJECT MANAGER NAME (Pe",or Type) 29.6US*4ESS PHONE
M 4) 536-5430
2/. SUSNESS ADDRESS f►4'UM CAy &V Zb C-ft)
2000 Main S*re t Huntington Beach CA 92648
ii.'AU S 31. PRINT OR TYPE MARE SLIrTLF
4" %A&r L —Z ,
_ 31 DATE
rr JL:.3�9
I PERMIT APPLICATION P"o z _
TR 0100 (REV- 192) Bads
FEE CAILCULATlO*4 BY CAL
1. CALCULATED BY = GILCLJLATED 8Y 3 CALCUILATEO BY
CASH CHARGE 1=J MWT 13 &VOCA PRaXCT EA ----.,—
SET FEE AS (Eswmod) Ax *to Coo CWJU ft HOURLY RAM i
ra DEMd[T BX nrp T
i "I I OLOCSIT
2 ADOL. I DIMS"
S TOTAL IEEE
a Smop Tor (a Appoomoo)
i
i
i
a. Rrvbw { j Sit Fir
C Xx ttra Fir
i
=
Emnitod wr o i *
i
Addtk al Rr V WW i
P.EI.R- Mars tts 1
i
i
EA --,_--
i
f: b%prcoo^ { t Sic Fig
i
( Cabjhuld Fri
i
i
i
Esommod "OS
EA ----„
i
a_ F�ifa vft
{ t QkLm is Fie
TOTAL FEE f 06"WT r-rXEYT7r 7
i
i
i
COLLECTED BY
CCLLECTED BY
COLLECTED BY
D. P.
W IAL DEPMfT PAID
ADDL. DEPOSrr PAID
TOTAL FEE
i
i
I i
SUAETY BOND RSQUIRED? T YES NO �
AMf'JL W
JABILt1Y INSURANCE AEOUIRED? Cl YES ND i
a 77w current hourly rate is set annually by
Headquarters Accounting, and takes
eyed January 1. Drstrki Office stall do
not have authority to modify this rate.
P
DMUZIM ENT OF TRANSPORTATION
ENCROACI NT PER3d' I? GENERAL. PROVISIONS
Oki M P-2018 -flee bast
3.
4.
5.
6_
e-
Authority: Each Encroachment Per-
mit is issued in accordance with Chap-
ter 3 of Division 1, commencing with
Section 660- et seq_ of the Streets and
Hw'?W ns C'adr (Sha
Ur.wastknc LN.,ept as otherwtse pro
viced for public corporation& frarr
ehLse holders and uttlttte& Err
avachment Permlts%re revocable on
five (5) day9 not ice These General Pro-
visions. Utility Maintenance Pro.
visions. and any Encroachment Permit
Issued hereunder are revocable or sub-
ject to modification or abrogation at
any time, without prejudice, however,
to prior rights Including those eviden-
ced by jclnt use agreement& franchise
tight& reserved rights, or any other
agreements for operating purposes in
the State highway right-of-way-
Raspaasibl* Party- No party other
than the named permitter or their
agent is authorized to work under
any perm IL
Aeoeptaatx of Vvevideas It is
understood and agreed by the permit -
tee that the doing of any work under
this permit shall constitute an accep-
tance of the provisions of this permit
and all atrachmenta
Ncti.e?.iort46taitiagWoriC Before
stanizig work under the Encroach-
mg4t Permit the permittee shall notify
the designated Department represen-
tatrve two (2i working days prior to ini-
Usl soot of work When work has been
interrupted for more than ftve 15) work-
I".a daJ_ an additional 24-hour
notification, is required before restart -
trig wont unless a pre arranged agree-
mmt has been made s-ah the
Department's representative, Unless
o_herwise specMed. all Work shall be
performed on weekdays and during
iio vial working hours of the Depart-
ment's representative.
0ta:darda o: Constmedow All work
performed within the highway shall
conform to recognized standards of
construction and the current Depart-
ment Standard Specifications Stan-
d3t4 Plana and Manual on High and
Law Risk Facilities Within Highway
Rights -of -Way and any Special Pro-
visions relating thereto.
Inspection and Approval by the
Departmant All work shall be subject
to monitoring, Inspection, and
approval by the Department The per-
mittee shall request a final Inspection
and acceptance of the worst.
Keep Parm3t an the Work dice 7be
Encroachment Permit or a copy
thereof shall be kept at the site of the
work and must be shown to any rep-
resentative of the Department or any
law enforcement officer on demand
WORK SKALLL BE SUSPENDED IF
PERMIT IS NOT AT JOB SIZE AS
PEOVMZD
9. Centlicting Permits: If a prior
encroachment conflicts with the pro-
posed work the new permitter must
arrange for any necessary removal
or relocation with the prior permitter -
Any such removal or relocation will be
at no expense to the Department
10. Permits >F'rom Other Agencies: The
party or parties to whom a permit is
issued shall. whenever required by law.
secure the Written authortzation for
any work that must be approved by the
Public Utilities Commisalon (PUQ of
the State of California, CAI.OSHA or
any other public agency having juris
diction Failure to comply With the law.
as noted abovt Will invalidate the
Departmenfa permit.
11. F"Ttsio=s for PodtsCx.&= R?tere
facilities exist a minimum sidewalk
and blkepath Width of four feet (41
shall be maintained at all times for safe
passage through the work pima At no
time shall pedestrians be diverted onto
a portion of the street used for
vehicular traff:e At locations where
adjacent alternate walkwayscannot be
provided appropriate signs and
barricades shall be Installed at the
limits of construction and in advance
of the closure at the nearest crosswalk
or Intersection to divert pedestrians
semis the street.
12. lrstectlon of Traisa Adequate pro
visions shall be made for the protection
of the traveling public Warming signs,
lights and safety devices and other
measures required for the public
safety, shall conform to the requlre-
ments of the Manual of Traffic
Controls Issued by the Departmtnt.
Traffic control for day or nighttime
lane closure* &hall be in conformance
With Department Standard Flans for
Traffic Control Systems, Nod ungin the
permit is intended as to third parties
to impose on permittee any duty. or
standard of care greater than or dif-
ferent than the duty orstandard of earn
unposed by law.
13. >t hL mum Iaeathwasoe with Trag
fie; All work shall be planned and car-
ried out so that there will be the least
possible inconvenience to the travel-
ing public The permittee is authorized
to place properly attired flagWAs) to
stop and wars conventional highway
traffic Tta Mc shall not be unreason-
ably delayed Flagging procedureashall
be In conformance With the lurLruQ
tions to FUggers pamphlet and/or
Manual of Traffic Controls for
Construction and Maintenance Work
Zones isaued by the Department
14. Itorage of Sgalpm M and Maintain
The permittee shall install temporary
rail Ing rType 10 between any lane carry-
ing public tsaMe and say obstacle -
material stored or equipment parked
within twelve feet 1121 of the lame,
15.
16.
17.
Is.
19.
K11
21
Utilities are subject to the provisions of
Section 22512 of the California Vehicle
Code (CVCf-
Care of Drainage: If the work cunt ern -
plated in any Encroachment Permit
shall interfere with the established
drainage. ample provision shall
be trade by the permittee to provide
for It as may be directed by the
Department
KakfggRepAhv tnrerycase.theper-
mittee shall be responsible for restor-
W& to it9 former condition a9 nearly as
may be possible any portion of the
State highway facility which has been
excavated or otherwLw disturbed by
permitter- The permittee shall main-
tain the surface over facilities. placed
under any permit. If the highway is not
restored as her -In prevlded for. or If the
Department elects to make repaim
permittee agrees by acceptance of per-
mit to bear the cost thereoL
Permits for Record Ca1r. if occupa-
tion of highway right-ofway is under
joint use agreement or under prior
essena-nt. Encroachment Permits will
be issued to the permitter for the pur-
pose of providing the Department with
notice and a record ofRork The permit
will also 3pecif; the current tercets and
conditions relating to public safety. No
new or different rigghts or obligations
are Intended to be created by the
permit In such c"es, and all such prior
rights shall be fully protected
Encroachment Permits tw+v-d in such
aces shall have designated across the
far. the -rot "Truce and Record
Purposes Only". (District Office ofRight
of Way must give approval for this
designation.)
Mean Up Upon com-
pletion of the work all brust* timber.
&craps m.ateriaL etc- shall be entirely
removed and the right-of-way shall be
left In as presentable a condition as
existed before work started
Coat of Warir Ur -It= otherwise stated
on the permit or other separate written
agreement all costs incurred for work
Wlthtng the State tight -of -way pur-
suant to this Encroachment Permit
shall be bode by the permatee. and
permittee hereby waives all claims for
Indemnification or contribution from
the Stine for such work
Astaa7 Coat DIMLIV When the permit -
tee is to be billed actual coats (ss
tndicated on the face of the pemUtl.
such costs will beat the current hourly
rate established by the Department for
Encroachment Permits.
eabmdt Inaim For installation of all
underground facilities and all surface
writ or other activity of consequence.
the permittee shall furnish five (5) sets
of plans showing lomtion and cots,
atruetlon or other activity with its
application Thirty (301 days after
23.
7n
completion and acceptance of the
work one (I) act of as -but:: plans shall
be submitted to the District
iDondh* This permit shall not be
effective for any purpose unless, and
until the permittee files with the
Department a surety bond when
requited by the Department In the
form and amount required by the
Department A bond is not ordinarily
required of any public corporation or
publicly or prlvately-owned utility but
will be requited o&&ny utility that fails
to meet any obligation arising out of
the work permitted or done under an
Encroachment Permit orfaib to main-
tain its plant wont or facilities The
said bond shall remain in fora for a
period of one (1) year after acceptance
of the work by the Department
Yam of 13ig hwayst The
permittee agrees, by acceptance of a
permit to properly maintain any
encroachment ThIs will r ;utr.
tnspection and repsirofanydamage to
State facilities resulting from the
encroachment
Mosponalbdilly!orD2zarlat 11beState
of California and all officers and
employee thereat including but not
limited to the Director of Tranmporta-
uon and the Deputy Director, shall not
be answerable or accountable In any
manna: for injury to or death of any
person including but not tr:l::= to
the permittee, persons empioyed by the
permittea persona acting in behalf of
the permittee: or for damage to pe-,
party from any cause The permittee
shall be responsible for any liability
imposed by law and for injuries to or
death of any person. Including but not
limited to ti:e permittee, persons
employed by the permittee. per sons
acting In behalf of the petmittee, or
damage to propertyariafngout *[work
orotheraetivlisy permitted and doneby
the permittee under a permit or arts -
[rigout of thefifhne on the permittee s
part to perform his obligations unde-.
any permit In respect to maintenance
or any other obligatlonev or iesu)ti.-4
from defects or obstructions, or from
airy cause whatsoever during the pro-
gress of thework orotheractivity, or at
any subsequent time work or other
activity is being performed under the
obligations provided by and contem.
plated by the permit.
The permittee shall Indemnify and
we harmless the State of California
and all officers and employees thereat
including but not limited to the Direc-
tor of Transportation and the Deputy
Director, from all claims, suits or
salons of every name, land and des-
cription brought for or an account of
injuries to or death of any person
including but mot limited to the
permittsa persona employed by the
permittea persons acting in behalf of
the permittee and the public or
damage to property resulting from the
perferma:ic: of arc;,:: or other activity
under the permit or arising out of the
failure or the permittee's pa.-t to per-
form his oh++gRt+.era v.nd,!- 3ny permit
In respect to maintenance oranyother
obligations, or resulttingfrom defects
or obstructiorm err from any cause
whatsoever during the progress of the
work or other activity it at any subse-
quent time ?mild or other activity Is
being performed under the obligations
provided by and contemplated by the
permit eYr_pt as otherwise provided
by statute.'ihe duty of the permittee to
indemnify and save harm-hen-9 tnc!uTles
the duties to defend as act forth in
Section 2778 of the Cavil Code The
permitter waives any Fad all riots to
any type of expressed or implied
indemnity against the State, its
officers or employees. It is the intent of
the parties that the Rermittee will
indemnify and hold harmless the
State. lid aMccab arid. employees from
any and all claims. suits or action% es
set forth above regazdless of the exis-
tence or daree of fault or negligence.
w::eUwY actin. or pjABi'm Fsiatu..y or
secondwy. on the p-rt of the Str_t-, the
permittee: persons employed by the
of the pe—Mute
25. Federal C"ll M',4'ft Lt*gr_teV. w to
for Laeblic Art .2A. The
rtpresp 1t•r* .,. rnt,...�e^ ., :9 i:.''� 3',
and aesWA as p= of :be considers -
Lon hi:;e.-4 of e3 ikemY y tsverAnt and
#*"that• 1! no-tisr+cn cM t%- erla
ofrace, color, ornat!onal origin shall be
catluted kom p,..ri.:.FaL:ca in. be
denied the benefits of or be others we
subjected to discrimination in the use
of said fkc!ll0—_ 2) t*sit !n tMan. -,ettor.
with the connLruc.'en of any
improvemen u on ctnid )ands and the
furnishing of vie v4r_es thei—con no du-
crimin atinn !hall M ar+ct!ced In the
selection of empleyees and contrac-
tors► by contractors to the selection
and retention of first tier oubcontrac-
tom In the selectten of aecond-uer
subcontractors. 3) that such dip►
crimination shall not be !urve tiled
against the public In their scars to
and use of the facilities and services
provided for public accommodations
(such as eating sleeping, rest, recrea-
tion). and operated oar tvsr, or under
the space of th::%ht-eway. and 4)
that the permittee shall use the pew
miles ba cr�phwice with all oilier
requirements impmad pursuant to
Mile 15. Code of Federal Regulations.
Commerce and FbrelpTrok Subutle
A. Office of the Secretary of commerce.
part 8 (15 C.M Part 81 and as said
Regulations may be amended 8 Tbat
In the event of breach of any of the
above nondiscrimination covenarnts.
the State shall have the right to ter.
minate the permit and to re-enter and
repossess said buid and the facilities
thereon and hold the same as if
said permit had never been made or
Issued
26. ?io Fr4oadent tatabliahed: this per-
mit is Issued with the understanding
that any particular action Is not to be
considered as establishing any precen-
dent (1) on the question of the
expediency of permitting any certain
kind of encroachment to be erected
within right-of-way of State highways
or (2) as to any utility of the accep.
tability of any such permits as to any
other or future attuattom
27. The permittee shall
cease work In the vicinity of any
archaeological resources that are
revealed The permit Engineer shall be
notified immediately. A qualifled
archaeologist retained by the permit -
tee, will evaluate the situation and
make recommendation to the Permit
Engineerconcerning the continuation
of the work.
28. Far ars Maalas of lastahatioase If the
Encroachment Permit was Issued at
the request of the permittee, it is
understood that whenever State con-
struction. ntconatruction or main-
tenance worts on the highway requires
the inatailation to be moved adjusted
or r al;.cated. lire permittee at his sole
expense, upon request of the Depart-
ment shall comply with said request
29. Wages Construction,
altemUon, demolition, repair or main-
tenance work performed under a per-
mit Issued tythe Department of7rans-
pa ratan nary require the o%Tw, per-
mittee to pay all workers employed by
the contractor and subcontractors the
appropriate pteaetermined prevailing
wage rates as set by the Director of the
Department of industrial Relations.
See California Labor Code. Division 2,
Port 7. (commemcing with section
1720). Streets end Highways Code.
Chapter 3, Article 2 Section 671.1. and
Opinion of the Attorney General of the
State of California. No. 86-8W. dated
Decr,.ibar 31. 1986.
Inquiries or requests for interpret.
*•.ions rtlathe to the enforcement of
prevatlingwar requirement should be
directed to the State of California.
Department of Industrial Relations
525 Golden Gate Avenue San pran.
clsco. California 94102. 1
CONSTRUCTION NOTES:
1O. Remove and reconstruct driveway per OCEMA Std. Pion 1210
over 0.50' class 2 oggregote base.
QRemove and reconstruct sidewalk, per Huntington Beach Std.
Plan No. 207.
4O Remove and reconstruct vorioble hgt. (0" to 8) curb per
Huntington Beach Std. Plan No. 201.
SO. Remove existing A.C. pavement and reconstruct with 3" A.C.
over compacted dative soil.
Remove and install 6' dia. signal loop per City Traffic Engineer.
OConstruct A.C. feather with variable thickness A.C.
Protect in place.
OO Adjust to grode.
CAMAN3 p&?MIT PLANS
AIR ; G 1y. 'f
A TTA D To
PERMIT No -00
F� .- Fi-
I — -- - -
04
PERT% IT OFFICE
Construction Notes
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
u: \SUZ\P0q_6M.DwC
J
SH T. 2 OF 2
EXCEL PAVING: OOMPANY r P.O. BOX 16"
A GENERAL ENG94EERING CONTRACTOR LONG BEACH, CA 90806-5195
STATE LICENSE NO.454186 A (319 5%,Wl
C. P. BROWN - 33 YEARS EXPERIENCE WORKING FOR OTHER GENERAL CONTRACTORS
WITH THE PAST 16 YEARS BEING SELF-EMPLOYED AS AN ACTIVE
PARTNER IN OWN GENERAL ENGINEERING CONTRACTING BUSINESS.
K. G. MILLS - 35 YEARS EXPERIENCE WORKING FOR OTHER GENERAL CONTRACTORS
WITH THE PAST 16 YEARS BEING SELF-EMPLOYED AS AN ACTIVE
PARTNER IN OWN GENERAL ENGINEERING CONTRACTING BUSINESS.
EXCEL PAVING qPMPANY P.O. BOX 16405
' A GENERAL ENG24 FRM CONTRACTOR LONG BEACH, CA 9W06-5195
STATE LICENSE NO.409208 A (213) 599-WI
To Whom It May Concern:
Excel Paving Company, a General Partnership consisting of the
following general partners:
1. Y.A.K. Corporation
2. Palp Incorporated
Both California Corporations, hereby authorize anyone of the
following persons to sign, on behalf of, and to bind Excel Paving
Company to contracts, bid proposals, addendums, permits and
bonds.
Y.A.K. Corporation by K. G. Mills, President
t— [ • l rr va,ry
Palp Inc. by C. P. Brown, President
Lawrence D. Bonnell, General Manager
EXCEL PAVING COMPANY
F
SEMEHT OF EXPERIENCE
C
rG£HCY OR OWNER
PROJECT CATION
TYPE OF :CORK S
AMOUNT
COMPLETE
..fii i i i i i i i i i i i c L c c.LCilLilLciLL3c-List-i-iLiLe
LEVER BROTHTRS
6300 E. SHErLA ST., COMMERCE
OIL TREATMENT G DUST CONTROL
6.970
12/90
HOME BANK.
1217 N. CATALINA. RED. BEACH
SEAL 6 STRIPE
2.010
01/91
BOWERS TRACTOR SERVICE, INC.
1300 S. BEACH, LA HABRA
AC TRENCH PATCH
2,470
11/90
L.B. COMM. COLLEGE GIST.
ALAMEDA 6 MAY AVE.. LB
PARKING LOT CONSTRUCTION
74.400
01/91
COE DISTRIBUTION
2225 HINER ST_, SAN PEDRO
AC RAMPS 10 SCALE
1.800
12/90
HUNTER CORP.
TRABUCO CANYON SFWEG TIITHEHI
AC PAICHING
600
01/91
JOHN MALLOY
CRISWALD ST., SAN FERNANDO
AC PAICHING
3.900
92/90
POMONA VALLEY EQUIP.
2010 W. 71" ST.. TONG RFACII
AC TRENCH PA1CHtNG
13.824
12190
RICHARD LANE
11101 HENDRY, F. T11TH, LA
TRENCH PATCH
I.S65
02/91
C/O HIDDEN HILLS
5151 ROUNO MEADOW, CALAhASAS
SIIRr-ING
2.520
03/!]
SIL':r.A P.,r irIC
F.1,,CRtjJI' A•r.-ori
ll`r,lc,l PAlf,11
1,4r.7
tll/qj
i fv UI L^� ArG'_I LS
VAr1 N:-Y% 111111,
SIi:FL' I:11'I:UY; :1Lp1}
r,L,?bl
US/',I
DINWIDDIE CUNST. CO.
1200 GEIIY CENTER OR„ LA
CI.LArI1tIG, GRADING, SIRUCIUI-I
113. 7t'!
01/91
EIMORE PIPE JACKING
LAX -BEHIND TAXI PKC.. LA
AC PATCH
1.800
01/91
J.W. STEPHENS ELEC.
6100 WOODL£Y AVE.. VAN NUYS
STREET mPROVEMEuTS
1,1,50
02/91
KAJIMA INIERNAI]ONAL. INC.
201 CENTRE PLAZA OR., F101+1. PARr.
IEHI.ORARY ALCLSS kOAU
11.774
O1/�Il
CALIF, STATE UNtV. DOM HILLS
IOOU E. VICTORIA ST.. CARSON
CONCRETE BUS PAD
27,453
05/91
RAWLINGS HECHANfCAI CORP.
IAPHAM ST., EL SEGUNDtr
TRENCH PATCH
2.000
OI/91
OfNUIDDIE CONSI. CO.
I, -On cITIY CENICA nrf , I.A.
ROAO CONSTRUCTIrN
1.8,877
Ll5/91
ADVANCED MECHANICAL
CHLvItUN klr., Lk .E(.IItruu
Tr,LfJLH VA1C11
1.75.1
oS/.iI
CARNEY BRFOTHERS, INC.
1200 VISTA DEL MAR, L.A.
PAVE TRENCH
12,804
03/91
RAYMOND DOLLAR
1919 SANTA MONICA BLVD.
A.C. PATCH
7.240
05/91
SINCLAIR CORP.
PRINCESS G 14 FWY. NFWHALL
A.C. PATCH
2.275
05/91
SINCLAIR CORP.
7TH ST. L BELLFLOWER, L.B.
A.C. PATCH
2.375
05/91
BURS/GLEN/PASA AIRPORT AU1H.
2627 HOLLYWOOD WAY. BURBANK
A.C. PAVING
26.942
05191
AMERICAN LANDSCAPE
CULVER e MADISON. CULVER CITY
PARKING LOT
107.750
10/91
CITY OF REDONDO BEACH
AVE. G G PCH, RED. BEACH
STREET CONSTRUCTION
99.969
08/91
ADVANCED MECHANICAL
3855 LAKEWOOD BLVD., L.B.
TRENCH PATCH
650
05/91
SHEA TAYLOR
LAX - BRADLEY TERMINAL
MISC. A.C. PATCH
2.000
07/91
JOHN MALLOY
EUCLID G VARIOUS, FUIIERTON
TRENCH PAVE
31,400
06/91
CITY OF SIMI VALLEY
SYCAMORE 6 ROYAL
STREET REHABILITATION
96.974
07191
SCHULTZ MECHANfCAL
22390 6 WILMINGTON. CARSON
TRENCH PAVE
1.982
07/91
MCC CONSTRUCTION
2531 E. 67TH ST., N.L.B.
A.C. PATCH
1.700
05/91
ADVANCED MECHANICAL
)24 W. EL SEGUNDO BLVD.. E.S.
A.C. PATCH
2.600
05/91
JPL
ROAD 'A"
RESURFACE G SEAL
13.218
10/91
THUMS LONr BFACH
I•lEk -C-"
A.C. PATCH
1,900
Q7/91
RAWLINGS MECHANICAL
of NORTHROP AVE., HAWIHORNE
IRLNCH PATCH
3,003
07191
BILL ROGERS
ORANGE AVE.. SIGNAL HILL
FINE GRADE AND A.C. PAVE
2.315
07191
L.A. CO. PUB. WORKS
PCH, HARBOR CITY
RETAINING WALL
66.869
08/91
ELKS LODGE
4101 E. WILLOW ST., LONG BEACH
INSTALL RTGH1 TURN LAME
40.128
08/91
CITY OF LOS ANGELES
SOTO ST. G 6TH ST., L.A.
TUNNEL CLOSURE
18,369
08/91
HINES INTEREST
601 So. FIGUEROA ST.. L.A.
STREET RESURFACE
17.950
06/91
CALTRANS
FAIRFAX AVE. G 10 FWY.. L.A.
PARKING LOT
60.713
11/91
CALIF. FAIRS FINANC. AUTH.
68 FAIR DRIVE, COSTA MESA
A.C. PATCHING G RESURFACING
96,669
07/91
CONVERSE ENVIRONMENTAL
1780 CLARK ST.. LONG BEACH
TRENCH PATCHING
920
07/91
L.A. CO. SANT. GIST.
VARIOUS LOCATIONS, TORRANCE
STREET PATCHING
4.500
07/91
SCHULTZ MECHANICAL
CHEVRON, EL SEGUNDO
FINE GRADE G A.C. PAVE
27,187
07/91
PECK/JOKES
NORTHPOINI, HOWARD HUGHES CNTR
STREET IHPAOVEMENTS
32,400
12191
SILVER -SPUR ASSOCIATES
700 SILVER SPUR. PALOS-VERDES - -..A.C.-PATCH--
LEVER BROS.
6399 E. SHEILA ST.. L.A.
A.C. REMOVALS i REPLACE
64.471
09/91
BURBANK AIRPORT
2627 HOLLYWOOD WAY, BURBANK
A.C. PATCH
3,000
08/91
PECK/JONES
WILSHIRE G RODEO, B.H.
A.C. PATCHING
IO.00o
08/91
CHEMICAL WASTE MANAGEMENT
11559 NORMANDIE, L.A.
A.G. SPEED BUMP
1.500
08/91
•L�
$TATEHEH7 OF EXPERIENCE
.AGEKCV OR OWNER PROJECT t ON TYPE Of WORK S AMOUNT • COMPLETE
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C,D:I. ELECTRIC, INC.
NI NURTHRU AVE, HAWTHORNE
A/C PATCHING
1,390
08/91
Gc1 CONSTRUCTION
FIRESTONE CENTER, NORWALK
A/C PATCHING
1,650
08/91
FLUOR DANIEL. INC.
UNOCAL, WILMINGTON
A/C TRENCH PATCHING
16.000
10/91
JPL
48U0 OAKGROVE, PASADENA
A/C RESURFACE
5.984
08/91
BELLAMARINE-JEfFERSON H.S.
A/C PATCHING
PARKING LOT IMPROVEMENTS
7,800
o8/91
ARB, INC.
1022 E. SEPULVEDA. CARSON
SASE 6 PAVE
52.020
11/91
CITY Of OCEANSIDE
STATE TREE DR.. OCEANSIDE
STREET WIDENING
157,634
11/91
CITY OF L.A./DWP
ARTESIAN ST. IQ AVE. 2b. L.A.
A/C PAVE
7.007
10/91
LBUSD
BARTON ELPMEIIIAIlY
1•(Yf•I:NU RE5UhF. G CONC. FENCE
284,568
11/91
E L R FI(CTRICAL
QTH G HARBOR FWY. L.A.
TRENCH PATCH
7.000
09/91
MOBIL OIL Co.
'1700 %1- 190TH. Torr.ArICE
A.C. I-AVE
5.1I.5
09/91
JENKIN CONSTRUCTION CO.
LAMBERT 6 PUENTE. BREA
TRENCH PATCH
7.000
09/91
S'JI11(IIY1 Ch1IS II'Hf T' PIN
S/k fOl=1.f l' Al III CT 117: F_ I' V
Il:I I•I I7 I'A"r
'.7o7
4)9/'11
CITY U' COR')•IA
Cv1 ]1, 'Z'.+,C.4.4111 I-R.V(
SI11 o, vc I VI'111111 I'I;.1.,, f1
I-1.1,
BCI
PROSPECT 1. R(kYl. RLU. Or AIH
IC(.IICI1 VA101
2.000
OQ/QI
G-L. WILKINS. INC.
19234 SATICOY ST.. RESEOA
IR£NCH PAVE
1.590
09/91
ARIISTRONG RE( INLrY
4U17 VATATA ST. SOUTH C.ATE
I-AI:I:II:f. IOl PAVI
7.406
(19/VI
UNOCAL
lbbo W. ANAHEIM
(.RADE 6 AC PAvL
13.488
09/HI
L.A. CO- SAN]. DIST.
4125 W. VALLEY BLVD.. WALNUT
GRAUL G PAVE
224.647
11/91
RAWLINGS MECHANICAL
1 NORTHRUP AVE., HAWTHORNE
TRENCH rATCH
2.000
10/91
CUNT:rY COnrANIES
21.77 II0tLYW(Hjj) WAY. E'ul:rFIIK
If.XI:ILr UPIVI
IG.101.
11/QI
ADVANCED MECHANICAL
HUSCH. VAII NUYS
IIII.IICI1 1'AVL
1.200
11/91
ADVANCED MECHANICAL
CHEVRON USA. EL SECUNDO
]IIENCH PAVE
Boo
10/91
L.A. CO. SANT. DIST.
WORKMAN MILL ROAD. WHITTIER
CONCRETE STORAGE PAD
16.169
01192
SHEA TAYLOR
IMPERIAL G VISTA OEI MR. L.A.
ROADWAY PAVE
3,500
10/91
L.A. DEPT. OF AIRPORTS
TAXIWAY -F-. LAX
P(TROIu1.T
14.832
31/91
508 HILL CRANE
201 SO. LAKE ST.. PASADENA
TIILNCH PATCH
500
11/91
ADVANCO CONST.
DIVISION/BENNETT. L.B.
ALLEY RECONSTRUCTION
17.516
12/91
JENKIN CORSI.
2650 LIME AVE.. L.B.
PARKING LOT PAVE
2.166
ll/9l
CITY OF CYPRESS
CEDAR GLEN PARK
PARKING LOT REPAVE
21.905
03/92
JENKIN CONS].
CHEVRON REFINERY, EL SEGUNDO
TRENCH PATCH
5.640
11/91
CMR CONST., INC.
M1RAvLAR SHERATON HOTEL. S.M.
STORM DRAIN SYSTEM
14.280
11/91
RANCHO PALOS VERGES
NARCISSA 1; SWEET BAY Ok.
ROAD REPAIR
2.7b0
11/91
BRIAN DONALDSON
2201 WILLOW ST.. LONG BEACH
PARKING LOT PAVE
3.600
11/91
THUMS LONG BEACH
PIER J DRILL SITE
TRENCH PAVE
2.628
'I/9l
THLIMS LONG BEACH
ISLAND CHAFFEE
TRENCH PAVE
20,000
01/92
THE P.Q. COkI.OkAIION
8401 QUARTZ AVE., SO. GATE
RECONSTRUCT ROADWAY
23,278
12191
WEST CENTURY II1.'
'17T11-12-14 11. CENTURY. 1MGIE110Ar1
STgRII DRAIN
2.10n
17/9l
MIRON ELLCIRIC
4800 OAK GROVL OR., PASADENA
1RLHCH PAVE.
1,956
01/92
CITY OF INDUSTRY
PHOENIX DR. b 008111 WAY
A.C. OVERLAY ST.
24.544
01/92
JKB CONST. CO.
1272-3200 MOTOR AVE., L.A.
STREET IMPROVEMENT
38.028
12/91
PREFERRED PUBLIC STORAGE
5351 JURUPA ST., ONTARIO
SITE DAMAGE REPAIR
27.255
12191
LONG BEACH C01y4. COLLEGE
CLARK & CARSON. LONG BEACH
SEAL G STRIPE
12.500
01/92
LAKEWOOD BATTING CAGES
3901 PARAMOUNT BLVD- LAKEWOOD
SEAL G STRIPE
2.310
01192
RANDLE ENTERPRISES
1512 W. 71H ST.. LONG BEACH
TRENCH PATCH
7.500
01/92
JOHN HOPPS
1878 TORRANCE BLVD.
SEAL 6 STRIPE
3.200
01/92
THUMS LONG BEACH
PIER J
TRENCH PAVE
4.000
01/92
EMPIRE PROPERTIES
VARIOUS - PATCH
PARKING LOT REPAIR
8.029
02/92
GORE DEVELOPMENT
ORANGEWOOD CHILDREN'S HOME
AC PATCH
1.485
01192
SCHULTZ MECHANICAL
WOOLSEY CANYON RD. - CHATSWORTH
POTHOLE PATCHING
3.480
01192
RAWLINGS MECHANICAL
P1 NORTHRUP AVE-, HAWTHORNE ...
TRENCH PAVE,..__,. _.. .. _----2,000-02/92
NOFFHAK ELECTRIC
12723 E. 166TH, CERRITOS
TRENCH PATCH
5,950
02/92
GENERAL CONSTRUCTION
BERTH 91, SAN PEDRO
TRENCH PATCH
800
02/92
CALEX ENGINEERING
3700 E. SOUTH S1.. LAKEWOOD
MISCELLANEOUS PAVING
1,993
0./92
FLOUR DANIEL
UNOCAL REFINERY. WILMINGTON
A.C. PATCH
4.5oo
04/92
HOFFMAN ELECTRIC
PCH G MAIN ST., HUNT. BEACH
TRENCH PATCH
1.700
02/92
GETTY TRUST
138 PALISADES, SANTA MONICA
TRENCH PAVE
825
04/92
SO. PACIFIC ]RANSP. CO.
2850 KERR ST.. L.A.
ROAD REPAIR
4.138
03/92
EXCEL PAVING COMPANY
"
STATEMENT Of EXPERIENCE
OR~OWNER
PROJECT
TYPE OF WORK
i' AMOUNT
COMPLETE
_LOCA� �Y _
c
ELECTRIC
L.B. NAVAL SHIYPYARD
TRENCH PATCH
693
02/92
--�_` CONST. CO.
CANOGA 1@ OXNARD. L.A.
TRENCH PATCH
1.125
03/92
AIRLINES
7000 WORLD WAY WEST, L.A.
PCC PAVE
15.155
04/92
-: PROPULSION LABORATORY
480O OAK GROVE, PASADENA
TRENCH PATCH
1,260
Oj/92
SYSTEMS INC.
21ST ST. Q CHERRY AVE., S.H_
7REHCH PATCH
800
03/92
.W. STEPHENSON
PIER f/BERTH 2O6. LONG BEACH
SITE PAVE
5.122
03/92
UMITOMO BANK Of CALIF.
1134'S OLYMPIC BLVD.. L.A-
PATCfI. SEAL G STrtirE
5,429
04/92
ILLIAm ROGERS
1250 f. SECONO ST.. C.S.
PARKING LOT
5,205
04/92
10 CORPORAIION -
NEECE G 42NU ST., TORkANCE
RECONSTRUCT ROAD
14.71f
04/92
EXCEL. PAVING
IIVG CONMPA n 0 P.O. BOX 16405
A GFNGENERALAGENERALFNG IN TRACTOR LONG BEACH CA 908065195
STATE LICENSE NO.454186 A (310 5995641
LIST OF REFERENCES
1. CITY OF LONG BFACP, 333 WEST OCZAN BOULEVARD, LONG BEACH, CA. 90802
CONTACT: BOB HOWARD, 310-590-6441
CONTRACT AMOUNT: $2,988.948.00 TYPE OF WORK: STREET RECONSTRUCTION, CURB,
DATE COMPLETED: JULY, 1991 GUTTER, SIDEWALK, SEWER, STORM DRAIN &
WATER LINES
2. CAL TRANS, 3195 AIRPORT LOOP DRIVE tB, COSTA MESA, CA. 92686
CONTACT: LARRY KELLERMAN, 714-556-9334
CONTRACT AMOUNT: $1,878,871.00 TYPE OF WORK: LAGUNA CANYON ROAD, ASPHALT
DATE COMPLETE: OCTOBER, 1991 RESURFACING, STORM DRAIN, CURB, GUTTER
3. LOS ANGELES COUNTY PUBLIC WORKS, 900 SOUTH FREMONT AVENUE, ALHAMBRA, CA
CONTACT: BILL DALY, 818-458-3118
CONTRACT AMOUNT: $655,149.00 TYPE OF WORK: SIERRA HIGHWAY, STORM DRAIN,
DATE COMPLETED: APRIL, 1991 WATER. SEWER, EXCAVATION AND A.C. PAVING
4. PORT OF LONG BEACH, 925 HARBOR PLAZA, LONG BEACH, CA. 90802
CONTACT: RON BUSH, 310-590--4129
VARIOUS PROJECTS PERFORMED
5. L. A. HARBOR DEPARTMENT, 425 SOUTH PALO VERDE STREET, SAN PEDRO, CA. 90731
CONTACT: CIL ALBERTO, 310-519-3522
VARIOUS PROJECTS PERFORMED
6. JET PROPULSION LABORATORY, 4800 OAK GROVE DRIVE, PASADENA, CA. 91109
CONTACT: BERNIE BAKKEN, 818/354-4654
VARIOUS PROJECTS PERFORMED
E (CEL PAVING COMPANY P.O. BOX 16405
A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806.5195
STATE LICENSE NO.454186 A (213) 599-5841
CREDIT APPLICATION
EXCEL PAVING COMPANY 95-3644982
P.O. BOX 16405
2230 LEMON AVE.
LONG BEACH, CA. 90806-5195
TELEPHONE NO.: (310) 599-5841
FAX NO.: (310) 591-7485 or (310) 599-3679
TYPE OF BUSINESS: PAVING AND GRADING CONTRACTOR
CONTRACTORS LICENSE NO. 454186A
EXCEL PAVING COMPANY IS A PARTNERSHIP.
OWNER: PALP INC. 2230 LEMON AVE. LONG BEACH, CA. (310) 599-5841
C.P. BROWN, PRESIDENT
Y.A.K. CORP. 2230 LEMON AVE. LONG BEACH, CA. (310) 599-5841
K.G. MILLS, PRESIDENT
IN BUSINESS SINCE: 10-81 IN LOCATION SINCE: 10-81
LEASED: BROWN & MILLS PROPERTY
BANK: HOME BANK BRANCH: SIGNAL HILL PHONE: (310) 42C-8166
ADDRESS: 2633 CHERRY AVE., SIGNAL HILL, CA. 90806
ACCOUNT REPRESENTIVE: TERESA TREADWELL
CHECKING ACCOUNT NO.: 05-02-108160
FINANCIAL POSITION IS ON FILE WITH DUN & BRADSTREET, RATING 2A1,
SIC NO. 1611
I3-13:4:4:4IL[of *IF
NAME
ADDRESS
PHONE
NUMBER
I.
INDUSTRIAL ASPHALT
16005
FOOTHILL, LA
(310)
834-2655
2.
R.E.H. TRUCKING
P.O.
BOX 217, CHINO
(714)
591-0871
3.
BLUE DIAMOND MATERIALS
DEPT
0007, LA
(310)
531-3550
4.
M & W EQUIPMENT RENTAL
1436
W. 134th ST, GARDENA
(310)
327-8323
5.
LIVINGSTON-GRAHAM
16080
E. ARROW IRWINDALE
(818)
960-5471
"SPECIAL BILLING REQUIREMENTS" MUST SHOW EXCEL'S JOB NUMBER AND
ITEM NUMBER ON INVOICES TO INSURE SPEEDY PAYMENT.
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT, AND THAT
WE CAN AND WILL COMPLY WITH YOUR TERMS.
----------------
DATE SIGNED
r
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AGE`I . JOB NUMBER LIST 22-Apt-94
3xtt11x#tiitlttixtixttttxtttstxtt##ti#tttttttxtitttt#tttttttttttttttttttitttttttttttttttttt#tttttttttttttttttttttttttttttititttttt
DNTRACT
CONTRACT
PERCENT
DATE
JOB#
OWNER
LOCATION
CITY
AMOUNT
CONPLSTED
#ttitt
2/28191
1/15/94
2397
DEEP, INC.
2050 JOB F. GIBSON
SAN PEDRO
4,576
0$
1111194
2396
CHRISTIANSON IRRIGATION
1800 S. WARDLOW
LB
2,400
0€
1/14/91
2395
BUIB/GLEN/PASAD ARPRT AUTH
2627 HOLLYWOOD WAY
BURBANK
21,827
0%
:/i319i
l3i4
LB NEMCRiAL MEDICAL
280i ATLA&TiC AVE
LB
149,769
31
1113194
2393
PECKIJOAES
1000 WARNER
BURBANK
88,344
0$
4112/94
2392
CBRIST [ND BAPTIST CHURCH
1471 KARTIN LUTHER KING
LB
2,i50
0€
1/11/91
2391
AKERICAN IAVSSTKSAT
20111 ROSCOE
CANOGA PARK
3,921
08
4/11194
2390
BALDWIN PARK, C/O
ROKONA BLVD.
BALDWIN PARK
214,235
0€
1108194
2389
PPIPE—COX
3305 E. BANDINi
LA
3,606
0€
:/08/94
2388
CALTRANS
405 FWY
LA
1,746,511
0€
:107/94
2387
LA, C/O
IVAN HILL TERRACE
LA.
109,572
0€
1 07/94
2386
30 PACIFIC RAILROAD
750 LAMAR
LA
20,000
31
6i01/94
2385
CALTRANS
DEVONSHIRE UNDSRCROSSIXG
LA
1,725,383
0$
41�5/94
2384
SCRrLTi KECRAAICAL
570 W. AVE. 26
LA
3,000
01
:101194
1363
PCI
VARIOUS—ANAHEiK CITY
SAN DIMAS
8,160
0€
3l3i/94
2382
PALMDALE, CiO
10TH STM LKDAL'a BLVD
:4LKDALE
225,118
0€
Oli94
2381
50 PACIFIC RAILROAD
19700 SLOVSR
BLOOKINGTON
10,984
0$
i/29194
2380
UNITED AIRLINES
6018 AViON DRIVE
LA
7,089
0$
ii2b 94
2379
FLOUR DANIEL, INC.
UNOCAL
WILKINGTON
20,000
0€
i/28194
2378
KAISER FOUNDATION
6041 CADILLAC AVE.
LA
25,730
0€
;1i8194
2377
KILLIZ & SEVERSON
155 COLOKBIA ST.
LB
451,652
0%
0 494
2376
,;PL
1800 OAK GROVE DR.
PASADENA
317,000
0€
i125i54
2375
UNIVERSAL STUDIOS
VENTURA/LAKIERSHIM
LE
5,500
0€
i124194
Z314
JPL
4aao OAK GROVE Ik.
:ASADENA
486,000
0€
i;23194
2373
SO PACIFIC RAILROAD
BOLSA AVE.
WESTMINSTiR
1,94G
O€
i123/94
2372
MiRON 5L3CisI0
4800 OAK GROVE
rASADENA
2,064
at
.;23194
2371
GOODYEAi AIRSHIP OPRR.
1920C S. MAIN
GARDEN GROVE
20.086
cl
;i204
2373
L.A.W. & P.
,1REEN VERDUGO PPUK:. Slkl.
_:.
6e,uuu
0?
116i94
2369
SO PACIFIC i•INES
ALAMEDA SID FLOR:XCE
r.G6'IXGTON PAaS
3.000
0€
;rib/9S
2368
50 PAC:Fi: RAILROAD
VORDOFF & C-.NCIGA
iiii NK
;, 57
3i
�-17/34
23E7
LB, CIO-
WEST SPRING STREET
i,E
i1,46i
of
i/15194
2365
LB KEKO2+AL KEDICAL CENTER
2801 ATLANTIC AVE
LB
3,1?ii0
5€
2365
DPR CONS'iUCTiON. INC.
4461 JAK3OREE RD.
NEWPORT BEACH
62.726
G€
i11110;94
1364
MURRAY CO.
:02 COVIAA BLVD.
SAN DiNFS
28,752
J€
/iL1;4
220
r:OLLiS & ASSG.
CUT•VER i i3VIXE Cf:R
ii,;NE
o6.083
of
%,94
2352
DPR CON:'•., INC.
#:ui JAMBOREE Ru
SEiePt'Ri BEACH
Y,0G0
0=
:i 94
"L3c:
muiiiY co
:02 COVINA BLVD
SAN D7Ka,-
22.752
G€
JJiIN P. .:i%!.G
GA&FEN GROVE 9'--'VD
;:.OEX GROVE
19.3:c
L€
255:9
UADEIRGiouND CANS:
7155 WORLDWAY WEST IA!
u:.
4,IS19
01
f 114 rJ
L3:d
Ji_Th� .'.!++ii};i-
61L :.V'_ON LL'i i'E
_:.
a3.^:+i
0;
2357
LM, v
11i'H & O2ANGE AVE
L•_
2 liE:
G€ •
235i
_ s2A?ie:• :,;
.500 aALNUT IYE
=533:.:i
a.5:6
Gf
s•:'°-'.
2?::
5:?:, iii;;:.=.SAN ►3Psi r.:::;
:Q7 O L • , -:
'
3`"JANK
li s
1w
2:.:
_'NG J_:.b:.. .iL
.�.5�•:C.JUI.r.I•. li ..SuCo1J:1
j4
3:.'.Cl
i!s
23:3
L::: i5:
FIe :.aACaPAiViA :.,ti:.sAuO
::.i",5=3D2:
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2:,_
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2�?
i.:.�:lh:'
F:EGEA!e xC
:i!@;rL�C
!.J3E,:L'.
sf
234s
!TANG:. :+C
M=.:i•:• AVE
!„',i1Gi•
iL^.:ln
1€
!C/7!
230
x.J.�:. ^L%sT iXC
-RLv1'KAN WAY
3.210
70$
I_.i?'
2J47
3� BINK. !v
GOLF coi.^-L
i! e.
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iONTRACT CONTRACT PERCENT
DATE JOB# OWNER LOCATION CITY AMOUNT COMPLETED
------------------------------------------------------------------------------
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,'2/10/91
2316
SO PACIFIC RAILROAD
ALA.MEDA & SFPULVEDA
i/31/94
234E
LOS ANuELES, C10
112Ta ST
ri/28/94
2312
GOODYEAR TIRE & RUBBER CO.
19200 S. MAIN ST
;!1/23/91
23!1
'_CND EACH, :,•'O
-.,V ZI AVE
11126/94
2310
CONSOLIDATED FREIGHTWAY
21300 S. WILMINGTON
:1121191
2336
LA CO METRO TRANSP AUTH
VARIOUS LOCATION
•11120/94
2331
MISSION VIEJO, C/O
SADDLEBACK/COLLEGE CENTER
1/18/94
233E
LACPWD
i1DTH ST
'i/13/94
2330
FULLERTON, C/O
BASENCHURY ROAD
i/10194
2327
SO PACIFIC RAILROAD
VAN NUTS BLVD
1/05/94
2325
CALTRANS
PEARiLOSSOK HWY
2/30!93
2321
RUST REVEDIA.L SERVICES
EKPIa= E VICTORY
2/27/93
2320
CHARLES PANKOW BUILDERS
GATEWAY ENTER
2/21/93
2319
LACDPW
GLADSTONE ST
2/23/93
2317
CALTRANS
118/105 FWY
12/08/93
2307
CALTRANS
1780 W MISSION
1!24/93
2303
LA WATER & POWER
11640 NORDOFF
I/'23/93
2302
CAL -PAC CONST., INC.
2923 & 2947 BRADLEY ST
1.122/93
2301
SWINERTON & WALBERG
100202 W. WASHINGTON BLVD
1116/93
2296
BELL, CtO
ATLANTIC AVE BRIDGE
104/93
2292
SANTA CLARITA, C/O
SOLEDAD CYR RD E SIERRA HWY
103/93
2291
PECK/JJNES BUILDERS
WARNER BROTHERS
•0/27/93
2287
STATE OF CALIF HEALTH & WZLF.METiO
STATE HOSPITAL
'u/27193
2286
FLUOR DANIEL, INC
161Jt1 W. ANAHEIM ST.
0/26/93
2284
L03 ANGELES, C G
BURTON WAY
•0118/93
2280
THE ?PiCS 2.L.:.T., 73C.
C;;i;Eia SQUARE
:i24/93
2267
SUMITOMO CONSTRUCTION
iiNAiSSANCE TOWRI
ii21/93
2266
S.F.S.=.S:;i. I
14,731 SHOEKA.KEi AVE
+3ij9:
2251
_ T & F, :Er.
SANTA ANi:/k AVE k LIVE OAK
a/3C!93
2256
S0 PACI::C .�ihaLECAi
MACAR:HUR ST CRGSS:KG
3/2:;9:
e25;
P&K GROUP I11::'3OPERT'IES
C.REi!v & WILLOW
1193
2252
SANTA. MGNICA O.S.D.
3;N':A. MONICA HIGH SCHOOL
3;17/93
2219
SO PACIFIC 1A.72OAD
DYER 3D
a/05/9:
2210
FLUOR DANIEL, iNC
UNOCAL
7!23.193
2231
ANAHEIM. C/C•
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1/Z8/94
CARSON
5,000
581
LA
32,504
it
GARDENA
17,675
01
:E
269,45C
i$
CARSON
2,036
0%
LA
35,942
21
MISSION ViEJO
234,522
1%
LANCASTER
13.512
954
FULLERTON
55,216
514
VAN NUYS
48.4ia
01
ESCONDIDO
2,078.969
it
BURBANK
2,904
561
LA
153,1GO
13%
BAN DIMAS
15,859
591
MISSION ilLLS
15,640
756
ESCONDIDO
203,971
481
PANORAMA CITY
5,321
01
PASADENA
30,095
9al
CULVER CITY
16,000
961
BELL
i47,348
236
SANTA CLARITA
66,598
6a€
BURBANK
96,562
97i
NORWALK
8i,994
961
WILMINGTON
i9,135
911
LA
i,357,164
14
CERRITOS
217,026
996
LA
244.563
9011
SANTA• FE SPilING:
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LA
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EXCEL PAVING COMPANY
2230 Lemon Avenue
LONG BEACH, CALIFORNIA 90806
TO CITY OF HUNTINGTON BEACH
CITY CLERK
200 Main Street
Huntington Beach, CA
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