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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 MTU:RS:AAF:gd Ho G ce91 1 rut 0:3 `O V �P C cn �.n_I c .v�_ in� w m Mc FADDEN AVE. I z F DINCER u; AVE J Q 7 y J Q F Y -- �HEIL U Q Q ✓) rc V) C d 7 3 u AVE ri 7 Llf —Z C� Q n V;AiiNER w AVE- SLAIER AVE TALBER T AV'r_. A 9C,�C, PACIFIC ELLIS ^VE I � C0 405 GAR,7IELD AVE- -- -- rlT— Io < " f 'HOM WAI NU T A VENUE- TO YORK TO WN A VENUE OCEAN .. AVF ADAMS AVE INDIANAPO,IS AVE- Y — Q C I c.; C3 z (C TLANTA T AVE. v 3 aI �I m �w L HAV'. TCIN AVE y�� ! BANNING FI PROJECT LOCATION MAP 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 � C C-3 2 N � x• ;r n 1 cy m O r^Im p —t- r 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 s139T9! 0 0 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 3 Sample sr3s7sr • E 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 sr 79/ 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. 5 Sample 5r3s7sr 0 • 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 6rj9791 C� C 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; 7 Sample 6M791 0 • (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 6W791 • 0 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. 9 Sample &W7sr r� u • 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. 10 Sample 6/397s► • 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. 11 Sample sr39791 • 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 &3s7sr 0 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. 13 Sample sr387sr 0 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 W397sr 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 sW7W 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 a _ aq��Ficc aaiasiaaisaaiaaaaa.LbliiaCcaa caaaaaaaaaaaaaasai.IIiiiiiaLcaaaaCiaiai�aaaaaiiias c aaaaaaaaaaaiaaaiaa.. 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 xaxtiwtxtitxx#tt:�txttti#iisxitxtitttltittttx III ttIII ttit#ttititttIttt#tItit ItIttit I ImtititIt#ttitttit#tttttittit# 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: .L!,;� 2:,_ ..w!: :LL:l:3 L7ti: �liu!lEi !u` _._:: 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. ttxx##tir`x##ttt*##.tt2##txt##t#txx##tit x#t*ttttIt*/—"-Atxtttt#t#t#xttt#tit##ttt#ttt###ttt#t##t#t#�f "•+ ;#tat ttt###tt###tt#tt#t#III tit # ?AGE`2 .1 - JOB NUMBER LIST 22-Apr-94 txttt*-tittax ttttt##ttttttttt tit tttttttt#tttt*it tttttttit* ttItttt#ttttitttttttttttti nt**##*tttt##t###tttttttt#t#tttttttttttttttit iONTRACT CONTRACT PERCENT DATE JOB# OWNER LOCATION CITY AMOUNT COMPLETED ------------------------------------------------------------------------------ ' tttttt ,'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• CONVENTION WAY 6 '22/93 2219 SUKKA CORP CiN INELA M1/93 2214 DASADEXL. C!i: Vc iGi;S ST RE:ONSTRUCTION •o/l./:a 1210 CUL :1 C:_.', LILI Sa�L:I►sDA aLY% r. 1 Y T lRS 1:•e- `J!i+;93 Z197 T & ..:SC. cs?;itiG:�N DRIVE 'lii53 219i SiGNF.:r:_-. C:. TEKP:_ aYF Z;2ej95 215�1 S:Z:Ni S:xE-s:, :yin:? i 2.2.191 11J� L•r. LL:: .iE :.: J: I,aiA ����1__ GD• _. 111 i93 213; NU21n'1, .h_. ar.N:t 011A %Sr-ilfi PACK 2122 HURT1NGTON c;A.CL. C,; YALiJ . �:sEs:S :li2!92 2111 ZAL+ZANS . _V.:1 �D:6 L•� { wi L.._ �r _LL:J' / BLVD lw6l :::YA.1111C BLVD �i2/;2 11:i uhCL:K Sf:3uL-Sut�!iii iZACi °2<iil92 1:71 SANIR CL;3i:A.. CIu S L:?1:D CYR :`.D;5A•ND :TK RD I• c!to/s; 1937 i:NKIL;;:: CO 12:i.:: CaN:s= DR ili:- o:,R'Z:iu. ----------------------------------------------- ----------------------------------------------- 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: :3:..,, :U. LA :,9y1 9§9 SANTA AI;A. i0,52? 04 ST GNAT HIii• Ic3,869 93$ SANTA 01CA. 462,a5C 9il tic i�iLKINGTO'1 319.79i :96 ANAHEIM 4,'_li,3C4 96 CULVE2 CIIY c15, 6c ;41 PASADENA :36,2:: 99� l VER C::Y LA 321,4:c :4 r-A.SA;t c$ SIGNAL a:L: 277,G:. 96a .� c.^11. *3., col ;it 'r Z S�h:,-I I.:.A-.-. 1; - 1,1:i,Ycl �- 3 1 JJ:J EXCEL PAVING COMPANY 2230 Lemon Avenue LONG BEACH, CALIFORNIA 90806 TO CITY OF HUNTINGTON BEACH CITY CLERK 200 Main Street Huntington Beach, CA 4= ft-rz;�' ng=% pp,)()POSA ALE LU rr%UJECT NUMKR" • RFcrtet_i. C{ I r_ 1, r t'k, AUG Z '1' _ a �`. r d 1. a i I , 4 I I