HomeMy WebLinkAboutEXCEL PAVING COMPANY - 1996-03-18�J�4 CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
MuPmwGrpa PACM
19
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAYMENT
91
- Ce PCW
*- r22
DATE: •- S� ��. )
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. VILL LLA, Director of Finance
1 certify that no stag notices are o file an e s t this time.
Date:
LES JONES, ublic orks Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date:
CONNIE BROCKWAY, City Ct6rk
certify that there are no outstanding invoices on file.
Date:
"tR�'t
IEDENRICH, City Treasurer
0011042.01 07118/96 10:46 AM
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
'newspaper.of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and - Fountain Valley issues of said
newspaper to wit the issue(s) of:
February 8, 15, 22, 1996
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on _ February 22 , 199 6
at Costa Mesa, California.
, r
Signature
PUBLIC NOTICES PUBUC NOTICES T PUBUC NOTICES -
. NOTICE INViTING SEALED BIDS
MSC.301
Notice Is hereby given that the City Council of the Gry of Huntington Beach.
California will receive sealed bids for the reconstruction and improvements .
of various local streets in the City of Huntington Beach. Cafdomia In , -
accordance with the qualities and specifications and special provisions on
file in the office of the Director of Public Works. Documents will be available
.on February 9,1996, A charge of $35.00, not refundable wiM be required for
each set of specifications and accompanying drawings.
DIRECTOR OF PUBLIC WORKS ESTIAAATE ` '
'WORK rrE[Yt llUAi+iTIEY
LOCAL STREET IMPROVEMENT
1. Removal and disposal'of trees 266 EA.
2.- install root barrier 313 -EA.
. 3.- Remove and dispose of curb and gutter :. 18,038 L.F.
4. - Remove and dispose of P.C.C. driveway 49.568 -S.F.
5. Remove and dispose of P.C.C. sidewalk 49.129 S.F.
6. Remove and dispose of asphalt concrete 27,007 S.F.
7. Constnuct P.C.C. curb and gutter 18.038 LF
S. Construct P.C.C. driveway 49.568 ' LF
9. Constnrct P.C.C. Sidewalk 49,129 S.F
10. Construct asphalt concrete 729 TON
11. Remove existing curb return 7.772 : S.F. -
12. Remove existing cross ggucr�tter 2.973 S.F. .
13. Construct curb return wueLel chair ramp 11 EA.
.14. Constnxt cross cutler - 2.973 S.F.
15. Remove existing and install new City
furnished wafer meter boxes . '313 EA.
16. Remove existing material grading 67,657 S.F.
In accordance with the provisions of Section 1773 of the Labor Code, the
State of California. Director of the Department of Industrial Relations shall
delemvne the general prevailing rate of wages, applicable to the work to be
done; copies of the latest general wage rate determinations are on file at the
office al the City Clerk and the office of the Public Works of the City of
Huntington Beach, California.,
Quantities and specifications, together with proposal form, may be obtained
at the office of the Director of Public Works, City Hall, Huntington Beach,
California. ,
No bid will be received unless it is made on a blank form fumtshed by the
Director of Public Works. The special attention of prospective bidders Is
called to the proposal requirements, set loan in the specifications, for full
directions as to the bidding.
The above quantities are approximate only, being given as ti basis for the
comparison of bids, and The City of Huntington Beach does not express or
by implications agree that the actual amount of work will correspond
therewith but reserves that right to Increase or decrease the amount of any
class or portion of the work, as may be deemed necessary or expedient by
the Director of Public Works.
All bids will be compared on the basis of the Director of Public works
estimate of the quantities of work to be done.
Substitution of securities for any monies by the City to insure performance
Shall be permitted in accordance with provisions of the California
Government Code, Section 4590.'-
Each bid shall be made out on a form to be obtained at the office of the
director of Public Works, Development Wing, 2000 Main Street, Huntington
Beach, California: shall be seated and filed with the City Clerk at the Civic
Center, Second Floor Administration Building. 2000 Main Street, Huntington
Beach, California, on or before 10:00 a.m. of February 29, 1996. and shall
be opened by the committee composed of the City Clerk, the City Attorney
and Director of Public Works or their authorized representative and the
results of said bidding will be reported to the City Council of said City of .
Huntington Beach at their regular meeting to be held on Monday, the 4th of
March, 1996 at the hour of 7:30 p.m. In the City Council Chambers in the
Civlc Center of said Mry of Huntington Beach and shots be acted upon by
sad City Council at the regular meeting of March 4, 1996.
The City of Huntington Beach, Calif omia reserves the right to reject any or
all bids and to accept the bid deemed for the best interest of the City of
Huntington Beach, Calilomia.
By order of the City Council of the City of Huntington Beach, California this
February 5.1996. -
ATTEST -
Connie Brockway, City Cleric
of the City of Huntington Beach
2000 Main Street- 2nd Floor -
Huntington Beach, California 92648
(714) 536-5227 -
Published Huntington Beach -Fountain Valley Independent February 8,15,
22,1996, . _ .
I have received Maintenance Bond No. 8143-47-65
Re: Repair/Replacement of Public improvements Along Thirteen Residential Streets
Including Portions of the Adams Avenue Frontage Road - MSC No. 381
Dated: d ��
By:
CHUBB GROUP OF INSURANCE COMPANIES
C11^ti[.IBtB 1$ MoL111l.1iu viov/ II,otI. P - I1.1- 11:1 , Vl.1111.11- 11—?j 3 -vo.%• I1 yu:1 1411'.
FEDERAL INSURANCE COMPANY
MAINTENANCE BOND
Bond No. 8143-47-65 Amount $ Included
Know All Men By These Presents,
That we,
Excel Paving Conpany
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State o! 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 ; SEVEN HUNDEED SEVENTY ONE THOUSAND NINE HUNDRED SIR AND 02/100 Dollars
($ 771,906.02 ), 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 9TH day of MAY ,
A.D. nineteen hundred and 97
WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated ,
19 . for
M.S.C. 381 Street Improvements
Repair and Replacement ;and
WHEREAS, the said Principal is required to guarantee the Street Improvements
Installed under said contract, against defects in materials or workmanship, which may develop during the period
One year from date of City of Huntington Beach's acceptance of said
Street Improvements
F" 15-02-Oars IRev. 4-M
(over)
.1. -,Cl
-CO..." rkc..•
h' ayes
lt%o
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal shaft faithfully carry
out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and
all defects in materials or workmanship in the said work which may develop during the period
or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus-
tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise
shall remain in full force and effect.
Excel. Paving Company
inGipal
By:
1"
Curt P. Brown, President
FEDERAL, INSURANCE COMPANY
By:
las A. RaPP
A rney in Fact
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On MAY 9 1997 before me, Christine M. Rapp, Notary Public
Date Name, Tltle of Officer • e.g. "Jane Doe, Notary Public"
personally appeared Dntigl as A _ Ra j__—
Names(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(ics), 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 sea],
CHRISTINE M. RAR
CDMM. A 1102118 r�
G �`J 'ram ug NOTA Y PV3UC-CAi1fCP:;.A W!
.17 �L,i?t % i"' My Cow. ErDi'es J,'r 9.290? `a
SignaturtofNolary y J/
ATTENTION NOTARY: Although the Information requested below is OPTIONAL., it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACIIED
TO THE DOCUMENT
DESCRIIiED AT RTGIIT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIRIED BY SIGNER
_Individual(s)
Corporate
Officer(s)
Titte(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 07059
. (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 Attomerpin-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 Bail Bonds) filed in arty suit. matter or proceeding In any Court. or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified Iri such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the
taws 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, fast Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
9. Bonds on behalf of contractors In connection with bids, proposals or contracm
In Witness Whenol, 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 seat to be hereto affixed
this 10 th day of • March - . 1994
Corporate Seal
Kenneth C. Wendel
Assistant Socreury
STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY e l
Gerardo G. Maurtz
Viow Prsstdent,
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 duly sworn, did depose and say that
he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat thereof; that the seal affixed
to the foregoing Power of Attorney Is such corporate seat and 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. Maurtz and was thereto subscribed
by authority of said By-laws and In deponent's presence.
Notarial Seal
•4~C0{
PVX=
Acknowledged and Sworn to before me
on the date ab written.
V Notary Public
�xsrA. 9c�cvoM
No. 2e66s20
C�:aios &rira: OdOUr2, 1994
Fa,e 15-MM34 tW% WIM GENERAL so -SSW OM ur"
CERTIFICATION
STATE OF NEW JERSEY ss
County of Somerset
1. the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify That the following Is a true
excerpt from the By -taws of the said Company as adopted by its Board of Directors on March 2.1990 and that this BtLaw
Is In full force and effect.
'AFMCLE XV111.
Section 2. All bonds, undertakings, contracts and other instruments rather 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 Vlce Chairman of the President or a Vlce President, jointly with the Secretary or an Assistant
Secretary, under their respective designations. except that any one or more officers or attomeys-In-fact 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 pnt*rided In such resolution or pow of attorney.
Section 3. All powers of attorney 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 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,
President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the sea[ of the Com-
pany may be affixed by facsimile to any power of aMXW or to arry certificate relating thereto appointing Assistant Secretaries
or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in
the nature thereat, and any such power of,attorney or certificate bearing such facsimile signature or facsimile a" shalt
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and
facsimile seal shalt be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached:'
1 further certify that said FEDERAL INSURANCE COMPANY Is duty licensed to transact fidelity and surety business In each
of the States of the United States of America. Dlstrict of Columbia, Puerto Rico, and each of the Prwi-:es of Canada with
the exception of Prince Edward !stand: and Is also duty licensed to become sole surety on bonds, undertakings, M. permitted
or required by law.
1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby Certify that the foregoing Power
of Attorney Is In full force and effect
Given under my hand and the seat of said Company at Warren, N.J.. this 9th r1s r
of may
Corporate Seal %f
J6
Recorded in the County of Orange, California
llGary L. Granville Clerk/Recorder
WHEN RECORDED MAIL TO: 1i111.11i111,1 ��,f�.,lS I f;�f.�l.�:. I� 1..�II Fie IIj
CITY OF HUNTINGTON BEACH J 9970246502 08.40am 05/29/97
Officc of the City Clerk 005 17003764 17 67
P.0.Box 190 Nt2 1 7.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF CO�IPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, timer in fee, 2000 Main Street,
- 'Huntington Beach, -CA 92648, that the contract heretofore auarded by the City Council of the City of
Huntington Beach, California to Excel Paving Company, who w'as the company thereon for doing the
follo,aing work to -%At:
Repair/Replace Of Public Improvements Along Thirteen Residential Streets Including Portions of
the Adams Avenue Frontage Road - MSG 38
That said work was completed May 19,199 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 %%as accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Monday, May 19,1997.
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 off vial 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 22nd day of May,1997.
City Clerk and ex -of cio Cl r
of the City Council of.the C
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-oilicio 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 22nd day of May,1997..
City Clerk and ex-officio Cler
of the City Council of the City
of Huntington Beach, California
a.vo"owu awp"tax•Exempt-Government - Agency
CITY OF HUNTINGTON BEACH
Connie Brockway, CMC
City Clert
G/foliowup/ccna' eputy City Clerk
This doc=ent is so2e2y for 14
official buninenn of the City -
of HurtiretOn 3o,zcy, as contem-
Plat" unfit: Co:•c;n:cet:t Code
Sec. 6103 and should be recorded
froe of charre.
DECLARATION OF SATISFACTION OF CLAIMS
I, EXCEL PAVING COHPANY , state:
1. I am the general contractor for the City of Huntington Dcach, as to the project more fully
described in the public Works contract entitled M. S. C. 381 RECONSTRUCTION OF VARIOUS LOCAL
,
STREETS.
and dated MARCH 31, 19.97
2. All workers and persons emplo}-ed, all firms suppling materials, and all subcontractors for the
above -mentioned project have been paid in frill.
3. The follov-ing are either disputed claims, or items in connection pith Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California: (if none,
state 'NI ONF)
I declare under penalty of pequry that the foregoing is true and correct.
Executed at LONG BEACH, CA. on this 13th day of MAY 1 7 - ,
(Signature of ontractor)
BRUCE FLATT, PROJECT MANAGER
g-ec`cashconI
.l-
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 9264 8
Subject: Certification of Compliance vdth Title VII of the Ci%ril Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
M.S.C. 381 RECONSTRUCTION OF VARIOUS LOCAL STREETS
Project No.
Title
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed
by him or by any subcontractor performing work under the contract on the project have been paid
nzges at rates not less than those required by the contract pro,%zsions, 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 protitisions applicable to the %age rate paid.
- a���C Rr��M�ER
PAYROLL
Signature and title
g cc cashcon 1
CITY OF HUNTINGTON BEACH
2000 Main Street
Les M. Jones 11
Director
W11 R OF TRANSMITTAL
Attention: (!5,M
To:
P.O.Box 190 California 92648
Public Works Department
(714) 536-5431
FAX (714) 374-1573
Date: A
-7 -
Project/C.C. No.: M S C
Regarding:
❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number or pages including this sheet)
❑ We are hand delivering: ❑ Attached ❑ Under a acparate corer via the following items:
❑ Shop drawings ❑ prints {❑� ILns ❑ Samples ❑ Specifications
❑ Copy of idler ❑ Change Order ❑ nth,
Copies # of rages Description
rE
Thesc arc transmitted as checked below:
For approval
❑
Approved as submitted
❑
Resubmit:_copies for approval
❑
For your use
❑
Approved as noted
❑
Submit -copies for distribution
❑
As requested
❑
Returned for corrections
❑ .
Return eorrected prints
❑
rot review/coenme>tt
❑
Other.
Remarks:.—L?t `
/=�(-
Gil %,) �
{(F— 1�RJl��..��'i) �U,� k 5
r
cc- By: r , A (/
Print Name
Wllrre or Customer/Consultant ❑ Ytuow mr City
0013346.01
REQUEST FOR ACTION
MEETING DATE: MAY 19,1997 DEPARTMENT ID NUMBER: PW-97-412
Deny approval of Recommended Actions.
On March 18, 1996, Council awarded a residential street repair/replacement contract to
Excel Paving Company. Although the work was completed last fall, the contract could not be
closed out until the cost of an outstanding Change Order was resolved. Specifically, the
contractor requested additional payment for the replacement of newly installed concrete
sidewalk. This claim was based on the assumption that failure occurred because the
existing soil, beneath the sidewalk, contained excessive amounts of peat. However, after
numerous meetings and discussion it was determined that poor workmanship was a factor in
at least half the failures. Ultimately, the contractor agreed to accept payment equal to 50%
of the original request. Therefore, the improvements can now be accepted and the contract
closed out.
Final contract costs are $806,759 as summarized below.
1.) Actual field quantities for removal/disposal of existing sidewalks, removal of existing
cross gutter, and the construction of new cross gutter were greater than originally
bid.
2.) The aggregate cost for all work is $8,240 more than originally budgeted. Therefore,
staff requests the authorization to expend these additional funds. Sufficient
revenues are available in fiscal account E-SX-PW 974-632-00 (Improvements,
Streets) as included in the approved 1996/1997 City Budget.
NIA
RCAI2.DOC -3- 0511219710:28 AM
.!
REQUEST FOR ACTION
MEETING DATE: MAY 19,1997 DEPARTMENT ID NUMBER:PW-97-412
City Clerk's
Page Number
RCA92.DOC -4- 05/08197 9:45 AM
Council/Agency Meeting Held:.3-1) `%*
Deferred/Continued to:
roved ❑ Conditionally Approved ❑ Denied
City Clerk' ignature
Council Meeting Date: MARCH 18, 1996 Department ID Number:
REQUEST FOR COUNCIL ACTION
SU MITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
ED BY: MICHAEL T. UBERUAGA, City Administrato pw j./
PREPARED BY: LES M. JONES II, Director of Public Works
SUBJECT: REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-381
II Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) W
Statement of Issue:
Pursuant to City Council approval of February 5, 1996, bids were received February 29,
1996 for the repair/replacement of applicable public improvements along Port Circle,
Bushard Street, Cove Circle, Moontide Circle, Nautilus Drive, Marina Lane, Culpepper
Circle, Howland Lane, Lydia Drive, Medford Drive, Littler Drive, Bosun Circle, and Gentry
Lane are complete and ready for award.
Funding Source:
The 1995/1996 approved City Budget includes a $800,000 line item (see page 321 - Gas
Tax Fund) for the reconstruction of uplifted sidewalk and curb caused by tree root
damage.
Account No. C-SX-PW-910-6-39-00
Recommended Action: E-7
1. Accept the low bid submitted by Excel Paving Company.
2. Approve a total project budget of $798,512. This amount includes $692,284 for
contract work, $69,228 for any unanticipated Change Orders and $37,000 for
incidental expenditures.
REQUEST FOR COUNCIL ACTION March 18, 1996
REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-381
Alternative Action(s):
Deny approval of Recommended Actions and forego completion of this work.
Analysis:
On February 5, 1996, Council approved the Plans, Specifications and Sample
Construction Contract forthe repairlreplacement of public improvements along PortCircle,
Bushard Street, Cove Circle, Moontide Circle, Nautilus Drive, Marina Lane, Culpepper
Circle, Howland Lane, Lydia Drive, Medford Drive, Littler Drive, Bosun Circle, and Gentry
Lane.
On February 29, 1996, staff received six bids as summarized below:
CONTRACTOR
Excel Paving Company
Kovac Incorporated
Nobest
Hillcrest Contracting
Griffith Company
Damon Construction
BID AMOUNT
$692,283.90
$734,313.10
$781,055.10
$888,520.41
$896,646.40 (audit total)
$958,146.15
Based on a review of each bid, it is recommended that the low bid submitted by Excel
Paving be accepted. Furthermore, staff requests approval of a $798,512 project budget.
This amount includes: $692,284 for contract work, $69,228 for any unanticipated Change
Orders and $37,000 for incidental expenditures.
Environmental Status:
NIA
Attachment (s):
PAGE
NUMBER
32ACA .2_ 315/96 3:08 pm
1,RCITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 3, 1996
Excel Paving Company
2230 Lemon Avenue
Long Beach, CA 90806
Enclosed is a copy of the executed contract %ith the City of Huntington Beach, a Declaration of
Satisfaction of Claims and a Certificate of Compliance form muss be returned to this o_ t ice after
the project is completed but prior to the release of retention funds.
In addition, the follovring item must also be on file, %%ith this office before the City can release any
retention funds:
A =rranty 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 %%2rranty, 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 fife in
this office prior to release of retention funds, please call the Public Works Department, 536-5441.
Sincerely,
♦:ice � ' �' '".� w
Connie Brockmay, CMC
City Clerk
CB:cc
Enclosure: Contract
Declaration of Satisfaction
Certificate of Compliance
Copies/bonds, insurance
$:rollowupkashc«,
ITefophone. 714-53"2271
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EXCEL PAVING OCMPANY FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
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
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.
ATTORNEY FEES
15
32.
ENTIRETY
15
Wcvrb✓ ll V96
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
EXCEL PAVING OCMPANY FOR REMOVAL AND REPLACEMENT
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
THIS AGREEMENT, made and entered into this 2nd day of
May 1 19 96 , 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 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 removal and replacement of curbs, gutters, sidewalks,
driveways and trees on various streets in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature
of the PROJECT, during its progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered in the prosecution of work,
and for all other risks of any description connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be bome by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner 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.
3,WmrbV3/1&96
i
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. AC EPTAN E F QONDITIONS 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 lob 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 rile 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 1994 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 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");
2
3-Vhub0/1&96
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 Six
Hundred Ninety Two Thousand, Two Hundred Eighty Three Dollars and Ninety Cents
($692,283.90), 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 VAthin
two hundred forty (240) 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
The parties hereto recognize and agree that time is of the essence in the
I
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
3-VMrbd311 L 96
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
7. NOTICE TO PROCEED ;
No work, services, material, or equipment shall be performed or furnished under
Ws Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
4
3.'k w bV3/1&'96
CITY. CITY does not warrant that the work will be avaifable 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.
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 ail 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.
C
3.7JmrbV311 V96
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 Three Hundred Dollars ($300) per
day for each and every working day's delay in completing the work in excess of the number of
workinglcalendar days set forth herein, which represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the
event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein
provided, and further agrees that CITY may deduct the amount thereof from any monies due or
that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials
required by this Agreement to be furnished to CITY, or by damage caused by fire or other
casualty at the job site for which CONTRACTOR is not responsible, or by the combined action
A
3Wmrb& 31M'96
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;
(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
7
WbubO11&96
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
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.
8
Xk1cvrb&5f1&96
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.
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
9
s./ns.%
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 terns 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
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
10
34Jcue sl311&'96
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.
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.
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 Govemment Code sections 1090 of
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.
12
3,Vcurbv3ll& 96
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
13
31 dW b011 t-96
CITY; and CITY shalt not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEYS FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
32. ENTIRETY
The foregoing. and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
EXCEL PAVING COMPANY
By: C.,� 1
Curtis P. Brown, President
AND
By: A
j,,4 F - 64. A
Afl,',HELr r_ MIKIVINI
print name
fTS:. dmfe one) Secretary Chief Financial Officer
sst. Secre Asst. Treasurer
REVIEWED AND APPROVED:
City A41ministrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
.4
Mayor
City Clerk
APPROVED AS TO FORM:,-. _ _ -
��
-)gc4.f City Attorney
�jJJ'`7L _
�f14r D ANDP�IAPROVED:
- Director of Pu
14
3;V«Fb0112,%
State of CALIFORNIA
County of TnS ANrFT.FS ,
On f2 —; (- before me,celeste A. Graham, Notary Publi
RATE) iN^MEITITLE OF OFFICERi,a.'JANE DOE. NOTARY ►UBUC'1
personally appeared Palp Inc. DBA Excel Paving Company
MAMEISI OF SIGNERISli
by C.P. Brown President and Michele E. Drakulich Asst.
Secretary
® personally known to me -OR- 0
CELESTE A. GRMViA
lit ',-• ��� C05�,tiA, r► 47t?9�
EOM A*CALJb "UNTY
My elsNJlUMICr! EXPIRii JULY ", 1"7
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
helshe/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.
iSEAL)
n
ISIGNATURE 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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title orTV" of Doaxneat
Nu ilw of Pages Date ❑(Doom M
Sigrwis) Ottw Than Nsmad Abode
WOLCOTTS FORM e3240 Rev. :-94 IWice close 9.2A) 01904 WOLCOTTS FitV5.INC.
ALL PURPOSE ACKNOWLEDGMENT WTH SIGNER CAPACITYIREPRESENTAT10% WO FINGERPRINTS
RIGHT THUMBPRINT IoptbnA
CAPACITY CLAIMED BY SIGNERISI
OuvDIVIDUALIS)
❑CORPORATE
OFFICER(SI
,uru>;I
OPARTNERISI OLIMITED
OGENERAL
OATTORNEY N FACT
OTRUSTEEISI
D G UA RD IA NICON S E R VA TO R
❑OTHER:
SIGNER LS REPRESENTING:
(Name OF Person(s) or Entity(Issl
RIGHT THUMBPRINT loptionall
CAPACITY CLAIMED BY SIGNERS)
(31NDIVIDUAL(S)
❑CORPORATE
OFFICERS)
Innis
OPARTNERIS) OLIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEEISI .
O GUARDIANICONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
(Nsnw of Person1s) or Entityliesl
7
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C�RT'EF�.0 4TE=uQF L AB 1`T :IµNSUR GE '
C8LPl 03/2
^AS
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THIS CERTIFICATE�IS ISSUED A MATTER OF INFORMAT101
The Wooditch Company
ONLY AND CONFERS NO RIOHT9 UPON TRE; CERTIFICATE
Insurance Services, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
One Park Plaza, Suite 430
ALTER THE COVERAGE AFFORDED BY THE POLICIES UELOW.
Irvine CA 92714
COMPANIES AFFORDING COVERAGE
William S. Wooditch
COMPANY
A American Int'l Specialty
.M2nsN0, 714-553-2800, F„Np.
INSUREO
COMPANY
B National Union Fire Ina. Co.
COMPANY —
Excel Paving Company
C Uli.co Casualty Company
2230 Lemon Ave.
COMPANY
Lang Beach CA 90806
p
COVERAGES = :: �; _ ; ___ -� k.- �. „.,� �- . �- �a - -- ;::-•-- ::: : •....�•
•,...nrv.M.....N. n....... .^^'.M.�.-. M.ah"'�'w'+ n, SHY^�^^W.`.•M+sn�-.�-.^"-+..-.,•...::"�vI^w-.w_\w.:++wn.�.',:•�.w.��:;%.,..M.win���-r-^o4+vw.w.t-'4a.,wiew. �,• <+n•niti.....-. �-EC•.r+r.L..-w•^_
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTCD BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
lTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE 11AMIDDIYYI
POLICY EXPIRATION
DATE PAMIDDIYYI
LIMITi
GENERAL LIABILITY
OfNEAAL AGGREGATE
112,000
PRODUCTS - COM►ASPAGG
$ 1, 000
A
X COMMERCIAL GENERALLIADILTEY
OL 8181427
10/01/9S
10/01/96
CLAIMS MADE l R , OCCUR
PERSONAL i ADV INJURY
61,000
FAC}I OCCURRENCE
61,000
X OWNER'S A CONTRACTOR'S PROT
FIRE DAMAGE IAA ono 1uE1
/ so
�-
MED EXP (Any 6M pMso,a
1 5
AUTOMOBILE LWrLRY
COMBINEOSPfGLEIIMIT
1Z,000
B
X ANY AUTO
CA 8232143
3-0/01/95
10/01/96
BODILY INJURY
1
ALL OWNED AUTOS
CCHEOVLCD AV70C
Wu WSON
BODILY INJURY
/
X I+IAED AUTOS
APPjjL)V
'D AS TO Z'U
L
X NON -OWNED AUTOS
GAIL- iqTT01T
IPKKd
.
CITY Z
.is LX
4
PROPERTY DAMAGE
1
GARAGE LIABILITY
By:
AUTO ONLY . EA ACCIDENT
1
OTHER THAN AUTO ONLY:
._
ANY AUTO
Depu
i tt0
ey
EACH ACCIDENT
1
A00RECATE
1
ERCECS UABIUTY
EACH OCCURRErtGE
E
AGGREGATE
E
UMBRELLA FORM
ENDO
SEMENT ATT
CHED
OTHER THAN UMBRELLA FORM
ADUL. INSURED
1
WORKERS COMPENSATION AND
x I IWOCRM•
yTAT JIMITS
>- �•.a; -
EZ EACH ACCIDENT
1 1, 0 0 C
iMPLOYERS' LIABILITY
C
THE PROPAIETORI IICL
WCA040279
10/01/95
1 10/01/96
EL DISEASE - POLICYuwT
182,00C
PARTNERSIEXECUTNE
OFFICERS ARE: REXCL
EL DISEASE - EA EMPLOYEE
1 1, 00 C
OTHER
DESCAI►TION OF OPERATIONS40CATIDNSME14ICLE619PECIAL ITEMS
Special Conditions General Liability:
See endoreement attached
RSS M.S-C, #331 Street Improvements
.�........ •-�-�wa, �-�..,,a u•:�:t;:�ANCELLATI
CERTIFICATE HOLDER - M �„ ., y- -. :�.:::�.. '- :''
QM '"�"�
COHUNT3.
SHOULD ANY OF THE ABOVE DEBCRIEED POLICIEB BE CANCELLED BEFORE THE
City of Huntington Beach
EXPUUATION DATE THERFOF, THE ISSUINO COMPANY WILL IMe"W"O eft MA I
Public ao>:ka DepartMent
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE I
Attn: Von Noble
'
2000 Main Street
Huntington Beach CA 92646
rAVTHOPJZLD REPAE6ENTATIVEilliam
S. Wooditc
ACORD 25.5 off,..
w ;
�= Y'� V L 1 1 I Y i. 1 J � L • I L L 1 14 •+� ��+ 1 Y t• _ 11'� I ti� �� � � I ._ . � ._
COMMERCIAL GENERAL LIA131LITY
POLICY NUMBER: GL 8181427
INSURED:
Excel Paving Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTQRS (FQ1W
The endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization: SCHEDULE:
The City of Huntington Reach, its elected RE: M.S.C. 381 Street
officials, officers, agents, employees and Improvements
volunteers
(If no entry appears above, intbrination required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
NVIIO.IS AN INSURED (Section 11) is amended to include as an insured the person or
organization shown in the Schedule. but only as respect to liability arising out of "your
work" for that insured by or for you.
CG 20101185 Copyright, Insurance Services Office, Inc., 2 984
` .. •LL IIQ-.'4V.JJ114IGZ:0 Apr 29,96 9:27 140.002 P
CORD„,CERYiF�CATE=F:aLIABIL`TY.INSURANGExC Ln�• D031MMR
RA.,:
w..y
. - �... .ry�.w...4w. --�_ ....._...: 1 �...:.Y /2.
rnODUCEA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Wooditch Company ONLY AND CONFERS NO RIOHTO UPON T149 CERTIFICATE
Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
One Park Plaza, Suite 430 ALTER THE COVERAGE AFFOnDED BY THE POLICIES BELOW.
Irvine CA 92714 COMPANIES AFFORDING COVERAGE
William S. Wooditch taMPANY
A American Int11 Specialty
.Ch11^ No. 714-553-9860 F■eNn.
INSURED
COMPANY
8 National Union Fire Ins. Co.
COMPANY
Excel Paving Company
C Ulico Casualty Company
2230 Lemon Ave.
COMPANY
Long Beach CA 90906
p
COVERAGES.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 11ST -0 BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
tTO
TYrE OF INSURANCE
POLICY NUMBS"
POLICY EFFECTIVE
DATE IMMIDDIYYI
POLICY EXPIRATION
DATE IMMIDDIrYI
LIMITS
OExERALLIABILTTY
O"RALAGGREGATE
112,000,
PRODUCTS - COM►IOPAGO
$ 1, 000,
�1
X COMMERCIAL GCNERALLIABILITY
OL ID181427
IQIO1195
10/02/96
CLAIMS MADC ®R OCCUR
PERSONAL & ADV INJURY
1 1, 0 0 0 ,
EACHDCCVRRENCf
61,000,
X OWNER'S& CONTRACTOR'S PACT
FIREOAMAOEmnyw4%rel
s SO,
MED EXF t" or* AV604
1 5,
AUTOMOIILE twpiLITY
COMBINED SINGLF LIMIT
61,000,
X ANY AUTO
CA 8232143
10/01/95
10/01/96
BODILY INJURY
/
ALL OWNED AUTOS
SCHEOVLEDAVTOC
APPROVED AS TO F
•FX:
(Peg lHNioN
BODILY INJURY
IrKKaa.nsl
6
X HIRCD AUTOL
GAIL FTUT O�.I
.F�
X NON•OwNfDAUT03
CITY Trl?RNEY
-
By E TIVR
PROPERTY DAMAGE
1
CARAGC LIABILITY
D uty ty Attorney
AUTO ONLY , EA ACCIDENT
1
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
1
AGGREGATE
1
>: uwnLm
/.�pp'�, INSURED ENDORSJUI
NT ATTACH
D
EACH OCCuRREHcE
N'U"MORULAFOAM
AGGREGATE
/
/
OTHER THAN UMBRELLA FORM
WORKERS CO
X gYTAT - M•
Sa.' �+--�
EMPLOYERS' LIABILITY
ELEACH ACCIDENT
111000
C
THE PROPRIETOR/ INCL
NCA040279
10/01/95
10/01/96
EL Disuse -POLICY LIMIT
$2,000
►ARTNERSICXECVTNE
OFFICEAC ARE: EXCL
FL DISEASE - EA EMPLOYEE
161,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATION SNEHICLE616PEC1AL REMS
Special Conditions General Liabilitys See endorsemont attachod
RZ: M.S.C. 0351 Street Improvefnente
CERTIFICATE HOLDER
comml
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WU 9WN MP*Wft MAIL
Public Works Department
30 DAYS WRrTTEN NOncI TO THE CEIITWtCATE HOLDER NAMED TO THE L1
Attn: Von Noble
2000 Main Street
Huntington Beach CA 92648
AUTHORIZED AEPRESLNTATIVE I
...
William S. Wooditc
ACORD 25.5 {1195] y ., �.. Aw -•. w,•=w.:<w"
.x w....,.•' a W.v..w'w•ow..s.. "•sbtix 4
; `tiM •��4 y�� ..... A Tit
w' •.. - -
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: GL 8181427
INSURED:
Excel Paving Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTQI�S (FQRNM
The endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Nance of person or Organization: SCHEDULE:
The City of Huntington Beach, its elected RE: M.S.C. 381 Street
officials, officers, agents, employees and Improvements
volunteers
(If no entry appears above, inforination required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement)
NW110.IS AN INSURED (Section II) is amended to include as an insured the person or
organization shovm in the Schedule, but only as respect to liability arising out of "your
work" for that insured by or for you.
CG 20101185 Copyright, Insurance Services Office, Inc.,1984
` Payment Bond & Maintenance
I have received the Faithful Performance Bond and the
bond for ReRair/Replacement of Streetimp_r=menta! MSC 881 _
on behalf of the Treasurer's Office.
Dated
By: ,
Excel Paving Company`
2230 Lemon Avenue
Long Beach CA 90806
0
- •N
CHUBB GROUP OF INSURANCE COMPANIES
�H,U[3it3 lri hlotr+rlcrin Vir•w t;n;rr1. I'_ fr I'1» 1(;Ir._ b*J:nu•ri. 1I-w:.I,•r•,,.v n,ni;I If;11,
Bond No. 8143-47-65
That we,
MAINTENANCE BOND
FEDERAL INSURANCE COMPANY
Amount $ Included
Know All Men By These Presents,
Excel Paving Ccglany
(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 Six hundred ninety two thousand two hundred eighty three and 90/100 Dollars
($ 692,283.90 ), 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
A.D. nineteen hundred and
day of
WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated
19 , for
M.S.C. 381 Street Improvements
Repair and Replacement
and
WHEREAS, the said Principal is required to guarantee the Street Improvements
installed under said contract, against defects in materials or workmanship, which may develop during the period
One year from date of City of Huntington Beach's acceptance of said
Street Improvements
APPF,C)VeD AS TO FOi3}.1>It
GAIL t?L : TON
CITY ATTC:t=LEY
By 41re
Attorney.
Fpm IS-024)MMew 4.90 (ter) vnmr¢o
UTA
s
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it the Principal shall faithfully carry
out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and
all defects in materials or workmanship in the said work which may develop during the period
or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus-
tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void, otherwise
shalt remain in full force and effect.
Excel Paving Cornpany -
Principal --
BY. C�'�
C.P. 8[ow11 Predefff
FEDERAL_ INSURANCE COMPANY
By: 136blas A. I&PP
Attorney in Fact
State of CALIFORNIA
County of LOS ANGELES
On I- G before me Celeste A. Graham, Notary Publi
(DATE) NAME/TITLE OF OFFICER-Le.-JANE DOE. NOTARY PUBLIC')
personally appeared Palp Inc. DBA Excel Paving Company
NAME(S) OF SIGNER(S)l
by C.P. Brown President
ET personalty known to me -OR- ❑
ram.. CELESTE A. GRAHAM
comet. # 992999 a
a t Notary Public - California m
ILO: ANGELE5 CCUNTV
MY LOnrMISSICN EXPIRES JULY 30, 199T
_—
proved to me on the
basis of satisfactory
evidence to be the
personas} 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.
ISEAL) a l fLl
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 of Domrn m
Number of Pages Date of Document
Sonerfsl Other Than Named Above
1NOLCOTTs FORD) 42240 Rev. 3•94 Wica ciao 8•2AI Q199a WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIHEPRESENTATIONr WO FINGERPRINTS
RIGHT THUMBPRINT (Optionall
I
a
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(SI
OCORPORATE
OFFiCERIS)
( Incst
OPARTNERIS) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEEISI
OGUARDUINICONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
IName of Personls) or Entity(7es)
RIGHT THUMBPRINT [Optional)
r
CAPACITY CLAIMED BY SIGNERIS)
OtNDFVtDUAL(S)
OCORPORATE
OFFICERM
MTUSI
OPARTNERIS) ❑LIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEEIS)
OGUARDIANICONSERVATOR
BOTHER:
SIGNER IS REPRESENTING:
(Name of Person(&) or Entitykel
775"632
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On3/28/96 before me,_ Christine M. Rapp, Notary_ Public
Date Name. Title of officer -e.g. "Jane Doe, NotaryPublic"
personally appeared 1)n,jg1 a G A- Rapp
N■ me$($) of Signer(a)
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/shelthey executed the same in his/herltlieir authorized
capacity(ies), and that by his/licr/tllcir 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,
(HRISIRIE M. RAPP �
Q Comm. it 969193
r 3 "• NOTARY PUBLIC • CALIFOR%k
d t)ro�ge County
A4Y Gom m Ex*es Jul. 9.1996 .a
Signature of Notary / f
ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent
rraudutent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
]MUST BE ATTACKED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
Corporate
Officer(g)
Title(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ics)
__Tartner(s) ____Attorney -in -Fact
_Other
POWER 'OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
(908) 580.2000
Know all Men by these Presents, That FEDERAL, INSURANCE COMPANY, an Indiana Corporation. has constituted
end 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 >Sollowing 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
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, Chy, Town, Village. Board or other body or organization, public or private;
bonds to Transportation Companies, Lost Instrumerit bonds; Lease 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 . By6t aws, caused
these presents to be signed by its Vice President and Assistant Secretary and Its corporate seat to be hereto affixed
this 10th . . day of • March 1994
Corporate Seal
Kenneth C. Wendel
AsshoM Secretary
STATE OF NEW JERSEY I
ss.
County of Somerset
FEDERAL INSURANCE COMPANY
t3Y /—jLu
Gerardo G. Mauriz
Vice Preswewt
tin this ' 10th 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 duly sworn, did depose and any that
he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat 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 Bald 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 8y-1aws and In deponent's presence.
Notarial Seal
� w
4
Acknowledged and Sworn to before me
on the date written.
J Notary Public
j+OtBT A, SCAYp�
� Paul,. s:! of ti. r
I+io.20,5:?S2d �'+7►
. toe EYiars; O r 2.1994
PAWRO
ra+n +swa�s� pw. Maui cs{r�wu W5WV VM UVA,
CERTIFICATION
STATE OF NEW JERSEY
County of Somerset
1, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true
excerpt from the Bylaws of the said Company as adopted by Its Board of Directors on March 2, 19N and that this By -Law
Is in full force and effect.
'AFMCLE XVlll.
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 he 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 Assistant
Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact 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 9 below. may eacecute any such bond, wrdertaWng or other obligation as provided In such resolution or power of attorney.
Sec tim 3 All powers of attorney 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 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,
President, any Vice President. any Assh antt Vice President, any Secretary, any Assistant Secroutry and the seal of the Com.
pwW may be affixed by facsimile to arty power of attorney or to any certificate Mating thereto appointing Assistant Secretaries
or Attorneys-ln-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In
the nature thefed. and any such power of attorney or centiflowe bearing such facsimile signature or facsimile seal shalt
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and
facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached"
1 further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each
of the States of the United States of America. District of Columbia, Puerto Rico, and each of the Provinces of Canada with
the am i p(ion of Prince Edward Island, and Is also duly licensed to become sole surety on bonds. undertakings, etc.. permitted
or required by law.
1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power
of Attorney is in full force and effect.
Grven under rry hand and the )Rai of said Company at Warren. N.J., the 2Sth ,
of rc 19—= .
Corporate Seal
Assists
State of CALIFORNIA
County of
On _ before me,Celeste A. Graham, Notary Publi
IDATE1 NAMErriTLE OF OFFICEPH e.'JANE DOE, NOTARY PMUCI
personally appeared Palp Inc. DBA Excel Paving Company
4NAME[S1 Of S+GNER(Si1
by C.P. Brown President and Michele E. Drakulich Asst.
Secretary
® personally known to me -OR- ❑
CELESTE A. GRAHAM
COMM. # 992999 y
try. •t: t
�U4 Notory Public California ql
•� LOS ANGELES CCUNTY }
f�hY COhAM1551CN EXPIRf5 DULY 30, 1997 S
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
signature(sl an the
instrumerttthe person(s)r
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL) &It
S NA' RE 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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Typo of Doctxnsnt
Number of Pape* Date of Document
Sipnarlsl Other Than Nerved Above
WOLCOTTS FORM 43240 Rev. 3-94 (p-ee cites 9•2A1 C199e WOLCOTTS F:9MS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITN SIGNER CAPACITYAEPRESENTATIOk TWO FINGERPRINTS
RIGHT THUMBPRINT (Optioc%A
I
r
CAPACITY CLAIMED BY SIGNERISI
DINDIVIDUALIS)
❑CORPORATE
OFFICERIS)
gVIMf1
I7PARTNEAISI OLIMITED
❑GENERAL
DATTORNEY W FACT
❑TRUSTEEISI
0GUAADIANICONSER VATOR
❑OTHER:
SIGNER IS REPRESENTING:
fRome of Pwoonlsl or Entityliesl
RIGHT THUMBPRINT (OptlonetI
Ir
0
a
CAPACITY CLAIMED BY SIGNERISI
0INDIVIDUALISI
DCORPORATE
OFFICER(SI
Ennsr
OPARTNER(S) OLIMITED
CGENERAL
13ATTORNEY IN FACT
DTRUSTEE(SI
OGUARDIANICONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
IName of Pe►sontsl or EntAylisel
z "a'6777
CHUBB GROUP OF INSURANCE COMPANIES
ILI
(�h��l1GTEt Ih 0(111111a 1 Vir•,v IiU:bl• 1, O kw I o". L'tir-llir n. 11' :: WOO
Bond No. $143-47-65
That we,
PERFORMANCE BOND
FEDERAL INSURANCE COMPANY
Amount S 3,563.00
Know All Men By These Presents,
Excel Paving CaT>pany
(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 Six hundred ninety two thousand two hundred eighty three and 90/100
Dollars
(s 692, 283.90 ), 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 28th day of March 1996 .
WHEREAS, the Principal entered into a certain Contract with the Obligee, dated .19
for M.S.C. 381 Street Improvements
Repair and Replacement
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. I
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, air 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:
APPROVED AS TO FORUs
GAIL ITUTT011
CITY AT PO i NEY
B7: i - y
. T'. i',torneF,
PRINTED
Fam 15-02-0041 (RA, 4-90) (over) USA
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 Ccn any
Principal -
By: P .
C.P. Blown P[Wdent
FEDERAL INSURANCE COMPANY
By:
as A. Rapp -
At rney in Fact
State of CALIFORNIA
County of LOS ANGELES
On before me,celeste A. Graham, Notary Publi
PATE) PIAME/rITLE OF OFFIcER4.e.1JANE DOE. NOTARY PUSLiC'I
personally appeared Palp Inc. DBA Excel Paving Company
NAMEIS) OF SIGNERda
by C.P. Brown President
0 personally known to me -OR- ❑
CELESTE A. GRAHAM
_
r am! �� COMM. # 992999 D
*31,.- j
CL • Notary Public. California [n
a K'
LO5 At4GELES COUNTY t
µY COMMISSION EXPIRES JULY 30• 1997 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
he/she/they executed the
same in his/her/their
authorized capacity(ies),
and that by his/her/their
signature(s) on the
instrumentthe person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
ISEAu
( 2�2�
ISI NATURE 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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRSED AT RIGHT:
Tula or Type of Document
Number of Pages Date of Document
RIGHT THUMBPRINT (0ptlona(l
it
y
8
CAPACrTY CLAIMED BY SIGNERiS)
DINDIVIDUALISI
OCORPORATE
OFFICERISI
RI us)
DPARTNERISI OLIMI7ED
OGENERAL
❑ATTORNEY IN FACT
DTRUSTEEISI
OGUARDIANICONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entitylieel
RIGHT THUMBPRINT IOptioneq
CAPACITY CLAIMED BY SIONERISI
OINDtVIOUALLSI
DCORPOAATE
OFFICERISI
MTLM
OPARTNERISI OLIMITED
OGENERAL
❑ATTORNEY IN FACT
DTRUSTEFISi
OGUARDIANiCONSERVATOR
❑OTHER:
Signer(s) Ottw Than Named Above
SIGNER IS REPRESENTING:
iName of Penonlsl or EnIX01s.l
. 1
WOLCOTT$ FORM 87740 Mr. 3.04 W" do" 0-2A) 0IY94 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WTH SIGNER CAPACITYMEPRESENTATIONIrWO FINGERPRINTS
7775" G324
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On3/28/96 before me, _ Christine M. Rapp, Notary Public
Date Name, Tltle of 01ricer - e.g. "Jane Doe, Notary Public"
personally appeared, r)nii q1 aq; A- P-a-
Names(s) orsigner(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 hclshelthey executed the same in hislherltheir authorized
capacity(ics), and that by hisfhcrlthcir 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,
Signature of Notary
N
[HVISXI"E ri. RAPP
'o
3 z •
Umm. it 969193
NOTARY Rj2UC - CALIFORNA
a
Crange County
�]
-+F R
VY CMM. EjIxres Jut. 9. 1996 A
ATTENTJON NOTARY: Although the lnformallon requested below is OPTIONA1, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO TILE DOCUMENT
DESCRIBED AT RIG IIT: Title or Type of Document
Nuniber of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
lIndividual(s) _Partner(s) _Attorney -in -Fact
_Corporate Other
Officer(s)
Titic(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ CM9
(908) 58D-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 Attorney4n-Fact to execute under such designation in its name and to affix Its corporate seal to and
deliver for and on tts 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 Corm, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified 16 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 Companhm Lost Instrument bonds; Lease bonds. l+AxIters' Compensation bonds. Miscellaneous
Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
I Bonds on behalf of contmckn In connection with bids, proposals or contracts.
In Witness WhefW, 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 hereto affixed
this 10th . day of • March 1994
Corporate Seal i
Kenneth C. Wendel
Assistant Secretary
STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Q,tliLc'
Gerardo G. Mauriz
We President
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 duly sworn, did depose and say that
he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat 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 Comparty,
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. Maurtz 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. Maurtz and was thereto subscribed
by authority of said By -Laws and in deponent's presence.
Notarial Seal
w
4 r•
PL'ZSLi"..
Acknowledged and Sworn to before me
on the date written.
r 1 Notary Public
V i%1fltTA,9t�lvt»R
many Pisule. 5;at, of M.legef
Ci'�+stoa No. 2r^.xtiz?
DS
ow;ar x• 1"41
acne Maass+ t%. 08M GENERAL rsssazr tsooi ur
CERTIFICATION
STATE OF NEW JERSEY
County of Somerset ss'
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following Is a true
excerpt from the By -Lam of the said Company as adopted by its Board of Directors on March 2, 19M and that this By -Low
Is In full force and effect.
"ARTICLE XVIII.
Section 2. All bonft undertakings, contracts and other Instruments other than as above for and on behalf of the Company
which It Is authorized by low or Its charter to execute. may and shall be executed In the name and on behalf of the Company
ether by the Chairman or the We 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 attarneysdn-fact 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 9 below, may execute any such bond. undertaking or other obligation as provided In such resolution or power of attorney.
Section & All powers of attorney 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
Presiders, 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,
President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com-
nW be affixed by facsimile Io "
pany orAnorneys-in-Fact for purposes only of power un executing and attesting bonds and underuddngs and other writings n obligatory In
the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certi ied by such facsimile signature and
facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached"
f further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In 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 duly licensed to become sob surety on bonds, undertakings, stc . permitted
or required by law.
I, the undersigned Assistant Secretary of FEDERAL. INSURANCE COMPANY. do hereby certify that the foregoing Power
of Attorney Is in full force and effect.
G' n ur> er my hand and the al of said Company at Warren. N.J., this 26th day
of Marc 19
-201
Corporate Seal
CHUBB GROUP OF INSURANCE COMPANIES
manpw
•.11
�1-lVFtR 1', IbInr1111;1i4 Vries! Iln:u�, I' f 1 14n� 1F,1'., V'1.lrr�•n, II••!v .1••r.••v rirflr:l Iri['•
Bond No. 8143-47-65
That we,
PAYMENT BOND
FEDERAL INSURANCE COMPANY
Amount $ Included
Know A!1 Men By These Presents,
Excel Paving Canpany
(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 Six hundred ninety two thousand two hundred eighty three and 90/100
Dollars
($ 692, 283.90 ), 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 M.S.C. 381 Street Improvements
Repair and Replacement
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 shalt 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.
APP,iO ►rED AS TO FORA tt
CAIL OTTON
CITX TTOP.trEX
By:
Fam 15-020009(Rev. 4901 (over) D . ty 1 ty Attorneµp�warn uNI o
r
r -
,
•
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 Project, or any part thereof, Is situated, and not elsewhere.
Sealed with our seals and dated this 28th day of March 19 96
Excel Paving Canr)any
Principal ,
ey:. C-T.1
C.P. crown President
FEDERAL INSURANCE COMPANY
By: A/." a .41
Doug A. Ra
Atto ey in Fact
State of CALIFORNIA
County of LOS ANGELES
On . before me,Ceieste A. Graham, Notary Publi
VATE1 NAMENITLE OF OFFICEAtiA.'JANE DOE. NOTARY PUBLIC-1
personally appeared Pale Inc. - DBA Excel Paving Company
NAMEISI OF SIGNERfSI!
by C.P. Brown President
0 personally known to me -OR- ❑
Er-'-57�"
CELESTE A. GRAHAMCO.5M+1. # 992999 D
� �Notory Pub11c - calitomic A
LOS ANGELES COUNTY
COMMISSION EXPIRCS JULY 30, 1997
�roved to me on the
asis of satisfactory
evidence to be the
person(s) whose names)
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},
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL} /
' {S1G A7URE OF OTARYt
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:
Tithe or Type or Docunem
Number of Pages Oats of Documem
I
Sipnsrlsl Ottw Then Named Above
WOLCOTT$ FORM 83240 Rev. 3•24 Orke time 8•2AI 01994 WOLCOTTS FORMS. INC.
l ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYUREPRESENT ATIONlIWO FINGEAMNTS
RIGHT THUMBPRINT {Optlonall
1r
E
CAPACITY CLAIMED BY SIGNERISI
OINDIVIDUALISI
OCORPORATE
OFFICER(S)
ethASI
OPARTNERISI OLIMITED
13CENERAL
QATTORNEY IN FACT
E]TRUSTEEIS)
OGUARDIANICONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name or Persona) or EntftyGsel
RIGHT THU MBPRINT IOptionall
CAPACITY CLAIMED BY SIGNERISI
DINDIV IDUALiSI
OCORPORATE
OFF ICERISI
frmssl
0PARTNERISI OLIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEEISI
OGUARDIA NICONSERVATOR
(3OTHER:
SIGNER IS REPRESENTING:
(Name of Personle) or Entityries)
4
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On3/28/96 before me, Christine M. Rapp, Notary Public
Dale Nome, Title or Orticer-e.r. "Jane Doe. Notary Public"
personally appeared Dniiglns A- Rqpp
Nemes(s) or5igncr(s}
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose namc(s) is/arc subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in his/lierltheir authorized
capacity(ics), 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,
" CHRISTINE 1.1. RAF? 'o
. � Ccmm 9 969193
`a NOTARY PL'2LiC - CALIFORNA
Lange caumj
Cor tinl x;'ts A61. 9.1996 -A
Signalure ofNola ry
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 DOCUINIENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s) _Partncr(s) Attorney -in -Fact
_Corporate Other
Officer(s)
Tille(s)
SIGNER IS REPRESENTING:
Name of persons or entity(ics)
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road. Warren. NJ 07059
(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 AtUm ytn•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-Wt:
1., Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court, or filed with any
Shertff or Magistrate. for the doing or not doing of wWthing specified IA 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: Lease bonds. Workers' Compensation bonds. Miscellaneous
Surety bonds and bonds on behalf of Notaries Publlc. Sheriffs, Deputy Sheriffs and similar public officlats.
3. Bonds on behalf of contractors In connection with bids, proposals or contracts. ,
In Witness Whersot, 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 hereto affixed
this loth day of • March 1994
Corporate Seal `
Kenneth C. Wendel
Assistant secretary
i STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vim President
On this loth 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. VYendet being by me duly sworn, did depose and say that
he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat 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 Purer of Attorney Is In the genuine handwriting of said Gerardo G. Maurtz and was thereto subscribed
by authority of said Bylaws and In deponent's presence.
Notarial Seal
e4 aC4s
w
PS7>!L�
Acknowledged and Sworn to before me
^' on the date abZj written.
�1r.
r f Notary Public
v U>srarA. sGvo�
VW=7 rstile, srxt, or?hw7saw
No. 20w520
C +icw Errs: Oaota, 2,1994
F" WIM34 Mw IM GENERAL
Ir4SSe21 LS�I u1:�
CERTIFICATION
STATE OF NEW JERSEY )
County of Somerset l} ss
1, 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. 19W and that this By.Lsw
Is in full force and effect.
`AMCLE XVI€i.
Section 2. All bonds, undertakings, contrails 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 Vice 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 officer or attorneys-In4aet 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 ary such bond, undertaking or other obligation as provided In such resolution or power of attorney.
Section 3. All powers of attorney 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 Vim
President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such
officers may be engreved. printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman,
PresideM any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com-
pany may be affixed by fac elmlle to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries
or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligmory in
the nature thereof, and any such power of attorney or centificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Comparry and arty such power so executed and certified by such facsimile signature and
facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached:'
1 further ce" that said FEDERAL INSURANCE COMPANY Is duty licensed to transact fidelity and surety business In each
of the States of the United States of America. District of Columbia, Puerto Rica, and each of the Provinces of Canada with
the v=ption of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc. permitted
or required by law,
1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby ce" that the foregoing Plower
of Attorney Is In fun force and effect.
Giv%unnder my hand and the seal of said Company at Warren. NJ., this28th
of rcn19�
Corporate Seal
�ry Lei .I
I have received Bid Baade
for MSC 381 Repair/ enla _=Pnt of root TMPz0vements
on behalf of the Treasurer's Office.
Dated A —3 �-
LOA
-tLBy:•
Bid Bonds from:
Damon Const. Co.
Excel Paving Company
Griffith Company
Hillcrest Contracting, Inc.
Nohest Inc.
Kovac, Inc.
a
ORIFF)TH OOMPA"
RELIANCE INSURANCE COMPANY
HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond NO. N/A
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A•310 (FEB.1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, THAT WE
GRIFFITH COMPANY.
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, hereinaf.
ter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called the Obligee, In the sum of TEN PERCENT (10 %) OF THE
TOTAL AMOUNT BID — — — — — — — Dollars ($ — — ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our-
selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for
THE RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS LOCAL STREETS
IN THE CITY OF HUNTINGTON BEACH
DISTRICTS: 445, 158, 159, 169, 157, 434, 158
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 orbonds as may be
specified in the bidding orContract Documents with good and sufficlent surety for the faithful performance
of such Contract and for the prompt payment of laborand material furnished in the prosecution thereof, or In
the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specif led In
said bid and such larger amount for which the Obligee may in good faith contract with another'party to
perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full
force and effect.
Signed and sealed this 2 9 t:h day of FEBRUARY A,D.19 9 6
GRIFFITH COMPANY
(Principal) (Seas)
(Witness) By: l�
THOMAS L. FOSS (titre) VICE PRES. /DIST. i•.(+y
RELIANCE INSURANCE COMPANY
BOR-2305 Ed.10.73
B
JACK M. WOO RUFF, ORN Y—IN—FACT
&RIFFJTH COMPAity
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of CALIFORNIA
County of SAN FRANCISCO
On FEBRUARY 29, 1996 before me JANET C. ROJO, NOTARY PUBLIC
I
DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC -
personally appeared JACK M. WOODRUFF
NAME(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 ac-
knowledged 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.
JETC. ROJO WIT my hand and official !.
'� CQl'Y9M. #1001101 't
3 �' NQ7A Y POSLIC-CAL(FOW[A
'` ` SAN FRANcISCO CWIRM Xd C
_
SIGNATURE OF NOTARY
0
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TTLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON{S) OR ENTITYPES)
RELIANCE INSURANCE COMPANY
DESCRIPTION QE ATTACHED DOCUMENT
BID BOND
TITLE OR TYPE OF DOCUMENT
TWO (2)
NUMBER OF PAGES
FEBRUARY 29, 1996
DATE OF DOCUMENT
N/A
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave„ P.O. Box 7194 + Canoga Park, CA 91309-7184
R THE FACE OF THIS DOCUMENT;HAS A COLORED BACKGROUND ON WHITE'PAPER
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANA
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA GRIF }TH COMPJWW
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Jack M. Woodruff, of San Francisco, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver
for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies 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 Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may
do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
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 Attorneyfs)-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 lb) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them; to execute deliver on behalf of the Company, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seat is not necessary for the validity of any bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
3. Attorneyls)-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 Executive and Finance Committees of the Boards of Directors of Reliance
Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial
Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994.
'Resolved that the signatures of such directors and officers and the seat of the Company may be affixed to any such Power of Attorney or 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 Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this November 14,
1995.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
� ii 3 � Q�e . RELIANCE NATIONAL INDEMNITY COMPANY
SmultuAl t,,, `t ^ f
•rep`
STATE OF Washington }
COUNTY OF King } ss.
On this, November 14, 1995, before me, Janet Blankley, personally appeared Lawrence W. Carlstrom, who acknowledged himself to be the
Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company,
and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as itszed officer.
In witness whereof, I hereunto set my hand and official seal. '..'zy I
ROTARY �
+.+
FU C =
i 12-2"? �o
Notary Public in and for the State of Washin ton
Residin at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE OMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29t Nay of FEBRUARY
. r 4�yols,.� �sEA� .
,,..coo
Assistant Secretary
e
THEBACKaF THIS DOCUMENT CONTAINS AN ARTIFICIAL AT AN ANGLE TO VIEW. -
GRIFFITH COMPANY
State of CALIFORNIA
County of ORANGE
On FEB. 29, 1996 before me, JENENE RATTI, NOTARY PUBLIC
IOATU RIAMErflILE OF OFFIC1FI4.a.'4ANE DOE. NOTARY PUBLIC1
personalty appeared THOMAS L. FOSS
INAMEISI OF SIGNEAISII
personally known to me -OR- ❑
0MCIAL SEAT.
,.-- JENENE FIATTI,
IJbTA14Y pUet.IC • CAU..r.a>IR
COMMISSION N 102, , 8
ORANGE COUNT (
My OomrnL.slon Em May 1.19i113
(SEALI
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 a d officia 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 Title or Type of Document BID BOND
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 3 Date of Document FEB. 29, 1996
DESCRIBED AT RIGIJT:
S"i(sl Other Than Named Above
WOLCOTTS FORM 832e0 Rsv. 2.94 lass el.ss 8-2AI 01924 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEVRISENTA1ION(TWO FIN0IRrRIN1S
RIGIiT THUMBPRINT IOptionall
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALIS)
aCORPORATE V.P./DIST.
OFFICERISI
jhktr4
OPARTNEn(sl (3LIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEEISI
OGUARDIANICONSERVATOR
❑OTHER:
STONER IS REPRESENTING:
IName of Personla) or Entityfleel
GRIFFITH COMPANY
RIGHT THUMBPRINT 100onall
CAPACITY CLAIMED BY SIONERISI
OtND1VtDUALISI
OCORPORATE
OFFICERIS)
171FLESO
OPARTNER(SI ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
OTRUSTEEISI
❑GUA RD IANICONS ERVATOR
OOTHER:
STONER IS REPRESENTING:
IName of PersonfeI or Entity real
�IVIIIIIIIuIuIVIgI�IV,
❑ FIREMAWS FUND INSURANCE COMPANY
❑ THE AMERICAN INSURANCE COMPANY
ft ❑ NATIONAL SURETY CORPORATION
MEMHS n= ❑ ASSOCIATED INDEMNITY CORPORATION
vcRn I>lKL')rCGH7AX i3 AMERICAN AUTOMOBILE INSURANCE COMPANY
BID DATE: 2/29/96
SNOW ALL DEN BY THESE PRESENTS:
That We, Damon Const, Co. and Margaret Ann Rullo A Joint Venture
(hereinafter called the principall, as principal, and American Automobile Insurance Company . a corporation organ-
ized and doing business under and by virtue of the laws of the State of Missouri , 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 Californ:
co Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligeel
in the just and full swot of Ten Percent of the Total Amount of the Bid
Dollars (5 10% j 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 aforesaid, is"about to hand
In and submit to the obligee a bid or proposal for the
Reconstruction and Improvements of various local streets in
the City of Huntington Beach Project No. MSC-381
In accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the'bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shalt 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 duty signed and sealed this 23 rd
day of February
.19 96
Damon Const. Co. and Margaret Ann Rullo A
Joint Venture
American Automobile Insurance
By
Lt.
360277-4.81
WrARht
CEtvlrR.•.L
POWER AMERICAN A U'T'OMOBILE INSURANCE COMPANY
KNOW ALL MEN BY TIIESE ['RESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under
the laws of the State of Missouri, and having its principal office in the County of 16iarin. Srate of California, has made, constituted and appointed, and does by
these presents make, constitute and appoint
--- HENRY F. WRIGHT ---
PASADENA CA
its true and lawful Attorney(s)-in-Fact, with full power and authority herebytonferred in its name, place and stead, to execute, scat, acknowledge and deliver any
and all bonds, undertaking, reeognizances or other written obligations in the nature thereof — — — — — ------
and to bind the Corporation thereby as fully and to the same "tent as if such bonds were signed 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 Vil, Sections 45 and 46of By-laws ofAMERICAN AUTOMOBME INSURANCECOMPANY now in full
force and effect.
"Artlde VII. Appofarment aad Aufhorfryof Residcor Secreraries, Auorney-la-Factsad Agents to acctpr Leget Process and Uske Appearances.
Sectfou 45. Appolarmear. The Chairman of the Board of Directors, the President, any Vice -President or may other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and
Attoratys-lo-Fact to reprtsenl sod see fortad on behalf of she Corporation and Agents to accept legal process and make appesrnacts for and on behalf of the
Corporation.
Section 46. AutBorftr. The authority of such Resident Assistant Secretaries, Attoroeys-In-Fact sod Ageou shall be as prescribed In the losirumeet evidencing
tbeltappointment. Any such appointment sod mil authority granted tbereby maybe revokedat may time by the Board of Directorsorby say peraoaempowered to
matt such appointment:,
This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or
repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be afftxcd or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto. by facsimile,
and any power of attorney, any revocation of any power of attorney. or eenifteate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its
corporate awl lobe hereunto of ftxcd this 2 2 n d day of August . 19 9 4
` �NSf AMERICAN AUTOMOBILE INSURANCE COMPANY
a`law%A
+
BY
Y:rc•Pm:Qau -
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 2 2 n d day of -EAU g tuS L , 19 ��, before me personally came M. A. MallOttCG
to me known, who, being by me duly sworn, did depose and say: that he is Viee-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the
Corporation described in and which executed the above instrument-. that he knows the seal of said Corporation; that the seat affixed to the said 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, 1 have hereunto set my hand and affixed my official sal, the day and year herein first above written.
OFFICIAL NOTARY SEAL {
A. KRIEGER
---O Notary PvVIc — CaMornla 7 tsa+ry Pub1K
h"IN COUNTY Ir
Ivry Comm. Eap. LLAR 20.1995 CERTIFICATE
STATE OF CALIFORNIA
i
COUNTY OF MARIN
I, the undersigned. Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY
CERTIFY that the forcgt,,ing and attached POWER OF ATTORNEY remains in full force and has not been revoked- and furthermore that Article VI1. Sections
4S and 4b of the Bylaws of the Corporatic.t, and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force.
Signed and stated at the Countyvf M _rin. Dated the 23rd day of February .19 96
�r'""�+aeu0riw A�.ivam 3mn�ryr
3-071I•AA-3.94
Fireman's
Fund
J
0 Fireman's FwW Insurance Company
0 The American Insurance Company
91 National Surety Corporation
0 Association Indemnity Corporation
O American Aubmobile kwuranoo Company
Home t?AIrce. 777 San Maria Dr.
!Novato, Calf mla 9494e
KNOW ALL MEN BY THESE PRESENTS:
That we, HILLCREST CONTRACTING, INC.
BID OR PROPOSAL BOND
BOND# 7083400-1
PREMIUM —NIL
(fwreinaller called the Prindpai), es Principal. and NATIONAL SURETY CORPORATION , a corporation orpm*w and
6*.g business under and by virtue o(ttd laws o(tfw Starr oI ILLI HO IS , and &4 9mrsad for the purpose of ms$kq. quwarilWq or
born * sole surety sport bonds a w& takirpa required ccarthortrad by the lawn old* State of CALIFORNIA
as Surety, are held and frmlyboundunto CITY OF HUNTINGTON BEACH
(heranalter c" the Obligee) in the full and Just serer of TEN PERCENT OF AMOUNT BID
polm ($ 10% ) tawM money of the 1JWW Stases of Amalm for t1N pay W dwttich. wek and trviyto be made,we twreby
bind owsefrss and our and each of our suooarssors and asssgw. Jointly and saw*. irmhl by two P -
THE CONDMON OF THIS 08MTION Z M THAT, WHEREAS. the above bounden ftco as aforesaid, b about to hand in and submk to the
ObrgeeaWorpoposalfor the RECONSTRUCTION AND IMPROVEMENTS — VARIOUS STREETS M.S.C. 381
In aworduce wkh the plans and spadficebm tied in the Om d to Obk" and undot to mace i AkV pro osak aerator.
NOW. THEREFORE. I the bid or proposal of said P*odpd shah be ace �pted. and 1M contract lor such workbe awarded to the Primal thereupon by the
said t igee,and:rid Pri�cipaJ shale rrter into a centred andbond larthe oortplv6m of said work as required by law.thenthis oH6pbn to be MA and void.
otherwise to be and remain In fu1 force and efled.
IN WITNESS WHEREOF. said PMdpai and said Surety haw teased these premises lobe duly sin this 27THday of FEBRUARY .19 96
NILLCREST CONTRACTING, INC.
.14
msm n
NAT NAL SURETY CORPORATION
SY " V"`r�
3602T7�E9,>kl}f DAVID L. CULBERTSON Adomvpir�-Fsd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On 2-27-96 before me, KAREN CHANDLER - NOTARY PUBLIC r
pate Name and Me of of er (e-q.,'Jane 0cm, Notary PUNCI
personally appeared DAVID L. CULBERTSON
Name(a) d sgbegs)
IX personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g)
whose namel9) iMM subscribed to the within instrument
and acknowledged to me that hal R 115 E A I executed the
same in his authorized capacity), and that by
hison the instrument the personoi),
1r Karen Chandler or the entity upon behalf of which the person0e) acted,
U
Comm. 9959502 executed the instrument.
Q tea+ NOTARY PUBLIC - CALIFORNIA�
+� • ORANGE COUNTY %I
F�a , My corarn. Expires Mar .27,1996-L WITNESS my h nd and official seal.
signature d Notary Pu6trc
OPTIONAL
Though the Information below is not required by taw, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: BID hQND
Document Date:, 2Z-96 , _ Number of Pages: Z
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name:. nAVTD T._ C1Ti_RFR qax
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner —❑ Limited ❑ General
50 Attomey-In-Fact
❑ Trustee
❑ Guardian or Conservator r
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other. I Top of thumb here
Signer Is Representing:
0 1994 National Notary Association • 8M Flemmet Ave., P.O. Boa 7184 • Canoga Park CA 913094184 Pmd. No. 5907 Reader. Cap To&Fres 1-800-875-68Z7
GENERAL
OF
ATW'ORNXY NATIONAL SURETY CORPORATION
KNOW ALL MEN BY THESE PRESENTS: That NATIONAL SURETY CORPORATION. a Corporation duly organized and existing under the lawn of the
State of Illinois. and having its Home Office in the City of Chicago. County of Cook. State of Illinois. has made, constituted and appointed, and don by them
presents make, constitute and appoint
-- DAVID L. CULBERTSON ----
ANAHEIM CA
Its true and lawful Attorneys}in-Fact, with full power and authority hereby conferred in its name. place and stead. to execute. sea . acknowledge and deliver nay
and all bonds. undertaking. recognitances of other written obligations in the nature thereof — — — — — — — — — — — — — — — — — — — — — — — — —
and to bind the Corporation thereby as fully and to the same extent as It such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and eooruming all that the said Attorncy(s)4o-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII. Sections 44 and 43 of By-laws of NATIONAL SURETY CORPORATION now in full force and effect
"Article VII. Appointment sad A uthodry of Resident Soorrrarfes. Artoragda-Isd and Agtars to accept LeW Proeess and Make Appeseam x.
Section 44. Appointment. The Chairman of the Board of Directors. tha President, say Vice -President or any other person authorised by the Board o
Directors. the Cbalrmau of the Board of Dtreeton. the Presfdeal or sag VicrPre"al wAy from time to time. appoint Resident Asdstaot Secretaries an,
Attorneys -In -Fact to represent and set for and on behalf of the Corporation and Agents to accept lesal process and maize appearances for and on behalf of M
Corporation.
Seedoa 4S. Astharftr The entherity of suds Resident AnW- t Secetsuies, Attonm?* 1ci-.Faet sed Ageats thali be as p.eK. bed Iq the Ins3rnmeet evidencin
their appointment. Amy such sppolatmeut and all authority granted therthy essay be revoked at any time by the Board of Directors or by say person empowered t.
main such 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 NATiONALSURET
CORPORATION at a mating duly called and held on the 29tb day of June.1994. and said Resolution has not been amended or repealed:
"RESOLVED. that the signature of any Vicc-President. Assistant Scrretuy, and Resident Assistant Seereusry of this Corporation. and the seal of th
Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney or ou any certificate relating thereto. by facsi-M
and any power of attorney. any revocation of any power of anomey. or cerdriate bearing such facsImile signature or facsimile seal shall be valid and bindu
upon the Corporation"
IN WITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents to be signed by its Vice -President. and Its corporate seal to
hereunto affixed this 2 7 in ei day of A tt g rt e r 19 __q
�J''O•. NATIONAL SURETY CORPORATION
ryht"�o+e�
By
STATE OF CALIFORNIA { 1 U t
COUNTY OF MARIN
On this 2 2 n d d y o f - August 19 94 before me personally came M. A. Ntallonce
to me known, who. being by me duly sworn. did depose and say: that he is V'tce-Prealdent of NATIONAL SURETY CORPORATION. the Corpotati
described in and which executed the above Instrument; that he knows the teal of said Corporation; that the seal affixed to the said Instrument is such torpor.
scat; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his tame thereto by like order.
1N WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein lust above written.
OFFICIAL NOTARY SEAL
A. KRIEGER
-o Notary Public — Caf kwaa
•i-.-. +" IWIRIN COUNTY
W Comm. Exp. MAR 20.1905 CERTIFICATE
STATE OF CALIFORNIA sa.
COUNTY OF MARIN
I. the undersigned. Resident Assistant Secretary of NATIONAL SURETY CORPORATION. an ILLINOIS Corporation. DO HEREBY CERTIFY that
foregoing and attached POWER OF ATTORNEY remains in foil force and has not been revoked: and futhcrmofe that Article VII. Sections 44 and 43 of
By-laws of the Corporation. and the Resolution of the Board of Directors: set forth is the Power of Attorney. are now in force.
Signed and sealed at the County of Marin. Dated the 27TH day o f FEBRUARY 1996
am"M AaY&M seam"r
'VA 111 l N% H 91
State of CAI 1Fr)E3mjA_
County of RIVERSIDE
On before me, SHEREIN SCHRINER - NOTARY PLSI`I
ATE) WAMEITITLE OF OFFICER-Le.'JANE DOE, NOTARY PUBLIC')
personally appeared ,�,v_ z _n -%9L!5'9u,e Imo.
INAMEISI Of SIGNERISII
personally known to me -OR- ❑ proved to me on the
SHEREM SCZ•SMM
c«T,rT119roE, sltilt>�t
RveddeCourft
uM Comm. �f« AufJ 77.145+9
asls of satisfactory
evidence to be the
persgqnV- whose name
Islge subscribed tot e
Within instrument and
ackn wle gad to me that
he/ elt y execut d t
same In hisllrlt it
authorized capacl y(i ),
and that by his/ r/t it
signature(i on the
instrument the person ,
or the entity upon behalf
of which the person
acted, executed the
instrument.
Witness my hand and official seal.
;SEAL) '
(SIGNATURE OF NOTARYI
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 D
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages �_ Dale of Document
DESCRIBED AT RIGHT:
Signerls) Other Than Named Above _OQz�. l I cr�lV
RIGHT THUMBPRINT 100onal)
IS
a
CAPACITY CLAIMED BY SIGNERIS)
01 '' 1VIDUALIS)
CORPORATE
OFFICER�11
Issusa
DPARTNERIS) ❑LIMITED
❑GENERAL
CATTORNEY IN FACT
0TRUSTEE(SI
OGUAROIANICON SERV ATOR
DOTHER:
SIGNER IS REPRESENTING:
(Name of Personle) or Enthy(ies)
HILL'vRES T CONIRACTING, INC.
RIGHT THUMBPRINT (Optional)
>r
a
CAPACITY CLAIMED BY SIGNERIS)
171NDIVIDUALISI
CCORPORATE
OFFICER(SI
ITIRf9i
OPARTNER(S) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(SI
OGUARDIANICONSERVATOR
DOTHER.
SIGNER IS REPRESENTING:
(Name
�IoCCf(r+Preraonl`�s
sI or Enlii(tty`(ies) V
woLcoTTS FORM $3240 Rev. 3-94 Wics [less 9.7A) 01994 WOLCOTT9 FORMS, INC. i
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGEAPRINTS J
�Iug�iiuma�oi�i�Ip,
Callfornla:
CBIC23172 Plaza 11utnte Vfive
85
BID BOND lAgufle a I
dgllnI!Ills, (:A 72653
CONTRACTORS BONDING (7111 77o-CRI
AND INSURANCE COMPANY it ai Rio 9siis FAX
Bond No.
Premium included in laid fiond Service Ilndertaking
KNOW ALI. MEN BY TI ll-SH 11IMN1iNTS:
That we. -- NOBEST INCORPORATED
as 1'rincillal. thereinafter called the "P611 ipal"), and Conlractors Bonding un . Insurance: Company of Seattle. Washington, a corporatioi
citify organized under Ilia laws of the State or Washington, as Surety, (hereinafter tailed the "Surety"), are held firmly hound ulna
CITY OF HUNTINGTON BEACH
as Obligee, (hereinafter called talc "Obligee")
in Ilse still, of TEN PERCENT OF THE TOTAL MMOUNT OF THE BID
ntillnexceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollar
(-$_ 10% ), for the payment of which sum well and tnlly to he matte, the said Principal and the said Surety, bini
ourselves, our heirs, executors, administralors, successors and assigns, jointly and severally, firmly by these presents.
WI IEREAS,ilia Principal has suhniiuedabid for
RECONSTRUCTION AND IMPROVEMENTS OF STREETS IN THE CITY OF_HUNTINGTON BEACH
M.S.C.---—__.--
Now, *a nitu., ow-', irlhc C)htigec:rhalt tia:cepi Ills bid elf rha Principal and Ilia Principal shrill alter inin a contract with IN: Obligee i
arclir.lance will, Ilse teruls air such hid anal give such Immd ur lmluds its nr11y be t:peciricd in the bidding or contract doininients with Simi
iuul sti iciew surety for rile raithrul lvi-furniunce or such contract and for rho prompt payment of labor unit material in the prosecutiu
Illel-col', sir in the evelit ur ale railure air Ise: Principal Io enter inin snch contract and give such hand or txiluls, if the Principal sliall pay I
Ihl: Obligee Ilia dil'ferelice not to exceed the penutty hercof ixaween the Ilnunitil speciried in said hid and SrICl1 larger amount fur which 11
t Ihligee may in gulml faith contract wick ;mother party to perrurm thevork covered by said hid, then this obligation shall be null and Voil
otherwise Ill Willaitl ill hall r(lrt.0 alld CfreCI.
sighed anal %ca{ed this 22ND day of FEBRUARY A.I), 19 96
W iuicss
Witless
Cl 154 11XIM. K 75 1,)017
VIRMC.l in e«111CFAL111 with Ilk Aua<hican hulitula of Anhit zb tAIA1 Ily t {xurxdxs
II.i1MIIbig alMt 111a11fA W4:I 4-IlillAlly.'Ilk: 1411Slla`C ill tali k-ummill esisi neub olallly 141111L'
lA1ipare Iawil ill AIA 1161aullwul A tail, FObiu.xy 177111'..lihiilli
11411
NOBEST INCORPORATED
l<
Surety: (roillraclors coding and
By
LINDA D. COATS
Princ;ip
cs+ �'► �ria4
suranc Company
Atlnrney-in-Fact
An1tt I1111 W i'Atli P
ALL-PURPOSE ACKNOWLEDGMENT
Statc of California
County of Los Angeles
On 2/22/96 before me, CHRISTOPHER J. COATS
(]ale N■me,Tilleur(Iftiter-e.g."Jane Doe, Noloryl'uhtie"
personally appeared UNDA D. COATS''
Nomes(s) orSigncr(sl
personally known to me or proved to me on titc iiasis of satisfactory evidence to be
the person(s) whose name(s) is/are sahscribed to the within instrument and
acknowledged to me that helshelthey executed the same in hisllterltheir authorized
capacity(ics), and that by his/herltheir signaturc(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, execute(] the instrument.
Witness my hand and official seat,
CHRISTOPHER J. COATS
N ip COMM. #969482
• NOTARY PU JGCALj NIA - M
Los ANGELES COL►NTY
Sienalurt otary
• My Comm. Ewes July 15.1995
ATTENTION NOTARY: Allhourh the Information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
VI IS CERTIFICATE
hi UST 11E ATTACIIE1)
TO TIIE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document
Naalher of Pages Date of Document
01110NAI. SECPIONI �^
CAPACITY CI.AIJ%1rD BY SI(MER
^Individual(s)
_Corporate
�} fficcr(s)
'1'ille(a}
SIGNER IS REPRESENTING:
Name of persons or enlily(les)
_Pariner(s) ^Altorney-In-Fact
Other
s
I
CBIC
CONTRACTORS BONDING
AND INSURANCE COMPANY
Not Valid for Bonds
Executed On or After:
LIMITED POWER OF ATTORNEY
FOR BID BONDS ONLY
January 25, 1997
Power of Attorney
Number: 508074
A valid original of this document must be printed on security paper with black, blue, and red Ink, and
must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). OnIy an
unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear
clearly in two places. This Power of .attorney is valid solely in connection with the execution and
delivery of a bid bond executed on or before the date indicated above.
'i1if0W7_ALLNnqand insurance Company
,(CBIC)', a. Washing ton :corporation`�(the'•NCor.pany■) _'does -heiebi,inake:j constitute';
and appoint'.DOUGLAS`A.kRAPP andIINDA;D:yCOATStits:true,arid'-lawfuV Attorneys)
in -'Fact, rwith -full- power and' authority•:for: andlon'behalf ,of the`=company; as° tS,i
surety.to•iaxd6ute and deliver:'any bid, bond,for.;any: contractiwher:e,the' contract;
price bid does,not-exceed $3,000;000 to`affiic'the; seal`�of`t'he;cotnpany;�. thereto'-,'
ifl a'-'geWis, required lion .any such ,bond;''°and �to .bind 'the "Company; _thereby, -,:This
appointment" -is made tuider;and by iauthoriEyof'the rBoard ,of -+Directors -_of " the;.x 3=
- -."'. •!_ +[L. ............ -r .1 ,s a.. •i': "x. •5.. ,. �`_�'S .+.•'.
.+_�T :�•r.- • Nay....-1 . r._-4%.. ... ..f✓`'-_..r �,.•'P,r =rC..� � _a •. +''....... ►.,
--- - - :.. . . . •...
S•-. • .... .•
\:}f�c v.... - '-T-. �'?s-•i:94 '• l d ':.• : ".S{ � }f ., a •p � �.� ti ' �'� :.. r : sy . A-=- '-r.'a'..
'(-••- -'I `'.!--..�...�w ... f rA.. : +•.•.'•.. .ti.•.. - J•
!•,ems % 1 � . r- -. `; .,-.% y. '-1 !• F ':• �s
.................... - - . - .... r i .... i . . . .
-`: - at - ��.`• - '.! .cam.'.- _ -k S-F-+ •. .,G i•• . ,� a
... .. .` ...
+ _ ..
,f.-;......>._. .... •.:.i. .ei... ... .
}.,-!, }t
.. .. .ti.. . ----- .................
i
.N-4 ,- - �l'.. .3'•. AE Jlr:.:t' v -^a` .H r/-" '_'t[: r, u�. �' �Y--s`..-------------------
CERTInCATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a
Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full
force and effect and has not been revolved, and, furthermore, that the resolutions of the
Board of Directors set forth on the reverse are now in full force and effect.
Signed and scaled this 22ND day of
RY 19 96
Kevin L. Lybeck. Secretary
CBIC a 1213 Valley Street • PO. l[Ax. 9271 • Seattle, IVA 98109-0271
(206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX
Insurance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST,'a California Corporation, does hereby appoint:
C. MICHAEL HENLEY
its true and lawful Atlomey(s)-in•FaCI, with lull power and authoriry. to execute, on behalf of the Company, hdeliry and surely fronds, undertakings, and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
tors the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy:
-RESOLVED, that the Chairman of the Board, the President. an Executive Vice President or a Senior Vice President of the Company, and each of
them. is hereby authorized to execute Powers of Anorney qualifying the attorney named in the given Power of Attorney to execute on behalf Of thb
Company, fidelity and surety bonds, undertakings, or other Contracts of suretyship of a similar nature; and to attach thereto the seal of the Company;
provided however, that the absence of the seat shalt not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of suet officers and the seal of the Company, and the signatures of any witnesses, the signatures and
seal of any notary, and the signatures of any officers certifying the vat'rdity of the Power of Attorney, may be affixed by facsimile.'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
2nd day of May 1995
-``�•�,��+ INSURANCE COMPANY OF THE: WEST
• r•Kti r.N„
STATE OF CALIFORNIA #Johnum. Senior Vice President
SS.
COUNTY OF SAN DIEGO
On May 2nd. IM before me, personally appeared John L Hannum. Senior Vice President of INSURANCE COMPANh
OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he execute(
the same in his official capacity and that by his signalure on the instrument, the Corporation, on behalf of which he acted. executed the instrument.
WITNESS my hand and ottcial seal.
, �•. NORMA PORTER
-- COMM. 3!2526e•a n
U WIJiAX PtJ8L1C� +14iF0ANL1 �
SAN DIEGO COUNTY M
V °�� — &VCommiss;onExpiras
CERTIFICATE: •JANUARY 14.19%
. +ICJ W.
Notary Public
1. E. Hamed Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby cerlity that the original POWER OF ATTORNEY, of whiC
the foregoing is a true copy, is still in full force and effect, and that this ceniftale may be signed b csimile unde he authority of the above quotec
resolution.
IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this day of t96
•max.+'•••�� 4 3NSURANCE COMPANY OF THE OES
E. Hatned Davis. Vice President
ICW 37
7
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 59DI
State of California
County of
On before me, Carolann Wright
iE NAME, TITLE OF OFFICER - E.G., •JANE DOE. NOTARY PUBLIC
personally appeared C. Michael Henley _
NAME(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 ac-
knowledged to me that he/she/they execrated
CAP0EANNyvaz Hr the same in his/her/their authorized
CommWon#1067733 capacity(ies), and that by his/her/their
Notary Public — Confornia
�r E03Arcelftwunry signature(s) on the instrument the person(s),
WCOMM. Exptres"6.1999 or the entity upon behalf of which the
person(s) acted, executed the instrument.
WIT S my h n and official seal-
SIGNATURE OF NOTARY
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENT(TYCIES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164
CMUBB GROUP CF INSURANCE COMPANIES
C� lUt3E3 It, 1.9uuulain vic%V It.„ui, 1. 0 Box 1615. Mmvn, flew.luiwy 117U61.1615
Bond No.
That we,
BID BOND
FEDERAL INSURANCE COMPANY
Amount $
Know All Men By These Presents,
PALP Inc. dba 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 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.
Seated with our seats and dated this 27th day of February
A. D. nineteen hundred and 96
WHEREAS, the Principal has submitted a bid, dated February 29 , 19 96
for
Reconstruction and Improvement of Various Local Streets (MSC-381)
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.
PALP Inc. dba Excel Paving Company
Principal
By:�-
FEDERAL INSURANCE COMPANY
By: xt�/� Q. ke,411
Doug s A. Rapp
Att ey in Fact
PRINTED
Form 1"2-0002 (Rev. 4-90) 1+2470SC204 uVw
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 2/27/96 before me, Christine M. Rapp,-NotaryRapp,-Notary Public
Date Name, Title ofonicer-e.g."Jane Doe, NotaryPublic"
personally appeared_ —pr,t,gTj- n_ a _
Names(s) orsigner(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) islare subscribed to the within instrument and '
acknowledged to me that helshelthey executed the same in his/her/their authorized
capacity(ics), 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,
d �. I
t/ `
Signature or Notary
(HRiSTI�;f M. RAPP
�u.IR
Q
Cc-nn. #I 969193
3 •o
no ARY PUBU'C • GLffM%"A
d .
t)rango Cowry
My Cpttlttt ��res M. 9.1996
�
n a
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 or rages Date or Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
_Individual(s)
Corporate
Ofricer(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 Vow Road. VVarren, NJ 07D59
(908) 58D-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 hs 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) fled 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 Iri 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, Clty, Town. Village, Board or other body or organization, public or private;
bonds to Tmnsportation Companies, Lost Instrument bonds; Lease 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 contrasts.
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 corporate seal to be hereto affixed
this loth day of - March 1994
Corporate Seal
Kenneth C. Wendel
Assistant Socfwwry
STATE OF NEW JERSEY
County of Somerset
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vice Pmsldent
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 duly swum, 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 10 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 Seat
�t ,` a �{,
♦ «
• oust,✓
Acknowledged and Sworn to before me
on the date above written.
� 1 A. sNotary Public
V s>�r r.�vo�
34" PrUic, s:pt2 of u.. ram►
2io.2^sv;2,�
Ca.r�..ta+t Ey};r:: 01C04-2. t49�
Fwm *1&" (FWv. 10-P GENERAL
rA-SM2715ool USA
state of CALIFORNIA
County of LOS ANGELES
On D 1>q [II-(o before me,Celeste A.
(DATEI PiAMERITLE OF OFFICER+.e.'JASE DOE. NOTARY PUSUC'I
personally appeared Palp Inc. DBA Excel Paving Company
INAMEiSI OF SIGNERISI)
by C.P. Brown President
0 personally known to me -OR- ❑
MUTE A. GRAHAM
4 992999 y
� w�1ti.Y1: . .g
Q. • � Notary Public - Callfomla
LM m4wl.ts coul�mr
MY COMMISSION EXPIRES JULY K 1"7
ISEAL)
Graham, Notary Public]
proved to me on the
basis of satisfactory
evidence to be the
persons) whose name(s)
is/are subscribed to the
within instrument and
acknowledged tome that
helshe/they executed the
same in his/her/their
authorized capacitylies),
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
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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Tide or Type of Document
Number of Pages Oslo of Document
Sigrer(s) Otter Than Named Above
RIGHT THUMBPRINT 1ptional)
+rt
a
r
CAPACITY CLAIMED BY SIGNERISI
❑INDIVIDUALIST
OCORPORATE
OFFICER(S)
ITI TLEst
OPARTNERISI OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIANICONSERVATOR
QOTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entitylieel
RIGHT THUMBPRINT (Optional)
r
a
a
CAPACITY CLAIMED BY SIGNERISI
OINDIVIDUALISI
OCORPORATE
OFFICERISI
OPARTNERIS) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEEISI
OGVARDIANICONSERVATOR
COTHER:
SIGNER IS REPRESENTING:
(Name of Pereon(s) or Entitylies)
WOLCOTTS FORM 63240 Rev. 3.94 Wee t1022 6.2A1 01294 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY1RfPRESENTATION1TWO FINGERPRINTS J
Fii g-TM&M-16 AG W ;
COPY TO:
SHEILA
GENEIL
MSC-381
February 29, 1996
10:00 AM
Engineer's Estimate: $750,000
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
$
1. All American Ac halt
2. B-1 Enterprise Corporation
3. Chris' Tree Service
4. Damon Construction
$ e1Sc? tl
5. Excel Paving
9,2 ;2 Y 3. 10
G. Griffith Company
S
w `f % 7, -76'
7. Hillcrest Contracting$o2-G
8. Kovac Incorporated
37 13, �o
$
9. LA Engineering
10. Nobest
$ Wl P 5, / O
S
11. R. J. Noble
$
12. Sequel Contractors
$
13. Steven's Tree Service
$
14. Sully- iller
$
15.
172GS pg 1
NOTICE INVITING SEALED BIDS
MSC-381
Notice is hereby given that the City Council of the City of
Huntington Beach, California will receive sealed bids for the
reconstruction and improvements of various local streets in the
City of Huntington Beach, California in accordance with the
quantities and specifications and special provisions on file in the
office of the Director of Public Works. Documents will be
available on February 9, 1996. A charge of $35.00, not refundable,
will be required for each set of specifications and accompanying
drawings.
DIRECTOR OF PUBLIC WORKS ESTIMATE
WORK ITEM
LOCAL STREET IMPROVEMENT
QUANTITY
1.
Removal and disposal of trees
266
EA.
2.
Install root barrier
313
EA.
3.
Remove and dispose of curb and gutter
18,038
L.F.
4.
Remove and dispose of P.C.C. driveway
49,568
S.F.
S.
Remove and dispose of P.C.C. sidewalk
49,129
S.F.
6.
Remove and dispose of asphalt concrete
27,007
S.F.
7.
Construct P.C.C. curb and gutter
18,038
L.F.
8.
Construct P.C.C. driveway
49,568
L.F.
9.
Construct P.C.C. sidewalk
49,129
S.F.
10.
Construct asphalt concrete
729
TON
11.
Remove existing curb return
7,772
S.F.
12.
Remove existing cross gutter
2,973
S.F.
13.
Construct curb return w/wheel chair ramp
it
EA.
14.
Construct cross cutter
2,973
S.F.
15.
Remove existing and install new City
furnished water meter boxes
313
EA.
16.
Remove existing material grading
67,657
S.F.
In accordance with the provisions of Section
1773 of the
Labor
Code,
the State of California, Director of
the Department of
Industrial Relations shall determine the general
prevailing rate of
wages, applicable to the' work to be done; copies of the
latest
general wage rate determinations are on file at
the office
of the
City
Clerk and the office of the Public Works of the City of
Huntington Beach, California.
Quantities and specifications, together with proposal form, may be
obtained at the office ofjthe Director of Public Works, City Hall,
Huntington Beach, California.!
No bid will be received unless it is made on a blank form furnished
by the Director of Public Works. The special attention of
prospective bidders is called to the proposal requirements, set
forth in the specifications, for full directions as to the bidding.
N-1
Ir
The above quantities are approximate only, being given as a basis.
for the comparison of bids, and the City of Huntington Beach does
not express or by implications agree that the actual amount of work
will correspond therewith but reserves the right to increase or
decrease the amount of any class or portion of the work, as may be
deemed necessary or expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public
Works estimate of the quantities of work to be done.
Substitution of securities for any monies by the City to insure
performance shall be permitted in accordance with provisions of the
California Government Code, Section 4590.
Each bid shall be made out on a form to be obtained at the office
of the Director of Public Works, Development Wing, 2000 Main
Street, Huntington Beach, California; shall be sealed and filed
with the City Clerk at the Civic Center, Second Floor
Administration Building, 2000 Main Street, Huntington Beach,
California, on or before 10:00 a.m, of February 29, 1996, and shall
be opened by a committee composed of the City Clerk, the City
Attorney and Director of Public Works or their authorized
representative and the results of said bidding will be reported to
the City Council of said City of Huntington Beach at their regular
meeting to be held on Monday, the 4th of March, 1996 at the hour of
7:30 p.m. in the City Council Chambers in the Civic Center of said
City of Huntington Beach and shall be acted upon by said City
Council at the regular meeting of March 4, 1996.
The City of Huntington Beach, California reserves the right to
reject any or all bids and to accept the bid deemed for the best
interest of the City of Huntington Beach, California.
By order of the City Council of the City of Huntington Beach,
California this February 5, 1996.
ATTEST:
Connie Brockway, City Clerk
of the City of Huntington Beach
2000 Main Street — 2nd Floor
Huntington Beach, California 92648.
(714) 536-5227
N-2
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: February 5, 1996 Department ID Number:
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
UBMITTED BY: MICHAEL T. UBERUAGA, City Adm'
PREPARED BY: LES M. JONES II, Director of Public Works
SUBJECT: REPAIR/REPLACEMENT OF STREET IMPROVE ; MSC-381
11 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Plans and specifications for the repair/replacement of applicable public improvements
along Port Circle, Bushard Street, Cove Circle, Moontide Circle, Nautilus Drive, Marina
Lane, Culpepper Circle, Howland Lane, Lydia Drive, Medford Drive, Littler Drive, Bosun
Circle, and Gentry Lane are complete and ready for competitive bidding.
Funding Source:
The 1995/1996 approved City Budget includes a $800,000 line item (see page 321 - Gas
Tax Fund) for the reconstruction of uplifted sidewalk and curb caused by tree root
damage.
Account No. C-SX-PW-910-6-39-00
Recommended Action:
1. Approve the plans and specifications, and authorize the Director of Public Works to
solicit construction bids.
REQUEST FOR COUNCIL ACTION February 5, 1996
REPAIRIREPLACEMENT OF STREET IMPROVEMENTS; MSC-381
2. Approve the attached Sample Construction Contract subject to award of contract to
lowest responsible bidder.
Alternative Actlon s :
Deny approval of Recommended Actions and forego completion of petitioned work.
Analysis:
Prior to the mid 1970's typical residential lots included a landscaped parkway between
the back of curb and the public sidewalk. Within, most of, these parkways are City owned
and maintained trees. Over the years, the trees have grown so large that the roots have
raised curbs, gutters, driveways and sidewalks. The damage to these public
Improvements has created numerous health/safety hazards Including standing water in
the gutters and potential tripping areas along portions of the sidewalks.
Property owners continue to request the repair/replacement of these public improvements;
however, it is not logical to honor these requests until the source of the problem is
resolved (i.e. the parkway trees are removed and replaced with a species that does not
cause root damage). City staff Is extremely reluctant to remove any parkway tree without
homeowner involvement. Therefore, in 1988, Public Works personnel initiated a program
wherein residents can submit a petition to have the parkway trees removed and the
appropriate repair/replacement of the improvements scheduled for completion. To date,
the Public Works Maintenance Division has received fifty-four (54) such petitions.
The estimated cost of completing the fifty-four (54) petitions is now $5,071.500.
Obviously this Is more than can be budgeted in any one fiscal year. However, this year's
budget does include $800,000 for petition work. Based on this amount, thirteen petitions
can be completed this year. Therefore, the appropriate plans, specifications, and sample
construction contract have been prepared for Council action. Staff recommends approval
of the bid documents and contract.
27.RCA .2- 1 f22f96 9:20 am
REQUEST FOR COUNCIL ACTION February 5, 1996
REPAIR/REPLACEMENT OF STREET IMPROVEMENTS; MSC-381
Environmental Status:
NIA
Attachments(s):
PAGE
NUMBER
1. Sample Construction Contract
27.RCA %1- 1122196 9:07 am
S P E C I F I C A T I O N S
ka 7
S RE C I A L P R O V I S IQ N S
FOR
THE RECONSTRUCTION AND IMPROVEMENTS OF VARIOUS LOCAL STREETS
IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (PORT CIRCLE,
BUSHARD STREET, COVE CIRCLE, MOONTIDE CIRCLE, NAUTILUS DRIVE,
MARINA LANE, ADAMS SERVICE ROAD IN DISTRICT ##445, CULPEPPER
CIRCLE IN DISTRICT 158, HOWLAND LANE IN DISTRICT 159, LYDIA
DRIVE IN DISTRICT 169, MEDFORD DRIVE IN DISTRICT 138, LITTLER
DRIVE IN DISTRICT 157, BOSUN CIRCLE IN DISTRICT 434 AND GENTRY
LANE IN DISTRICT 158).
MSC-381
Prepared by
The City of Huntington Beach
Department of Public Works
LES M. JONES
ACTING DIRECTOR OF PUBLIC WORKS
CITY OF HUNTINGTON BEACH
$35.00 CHARGE
NON-REFUNDABLE
TABLE OF CONTENTS
a e
Notice Inviting Sealed Bids N-1 - N-2
Proposal P-1 - P-2
Sample Contract
Standard Specifications 1 - 27
PART 1
General
Special Provisions
1
1.2.1
Definitions
1
1.3.1
Abbreviations
2
2-1.1
Award of Contract
2
2-1.2
Execution of Contract
3
2 -1.3
Failure to Execute Contract
3
2-4.1
Return of Bid Bond
.3
2-4.2
Guarantee
3
2-5.1.1
Plans and Specifications
4
2-5.1.2
Competency of Bidders and Payment for Plans
and Specifications
4
2-6.1
Removal of Defective and Unauthorized Work
5
2-7.1
Soil Conditions
5
2-9.1
Permanent Survey Markers
5
2-10.1
Authority of Board Inspection
5
2-10.2
Inspection Within State Highways and/or
Roadway Right of Way
7
2-10.3
Final inspection
7
4-1.4.1
Test of Materials
7
6-1.1
Construction Schedule and Commencement
of Work
8
6-1.2
Progress of the Work and Time for Completion
8
6-2.1
Progress Schedule
8
6-8.1
Acceptance
8
7-2.3
General Prevailing Wage Rates
9
7-2.4
Payroll Records
9
7-3.1
Public Liability and Property Damage Insurance
10
7-5.1
Permits and Licenses
21
7-6.1
The Contractor's Representative
11
7-6.2
Superintendence
12
7-8.2
Cleanup and Dust Control
12
7-8.5.1
Use of City Water System
12
7-8.7
Noise Control
12
7-8.8
Flow and Acceptance of Water
12
7-8.9
Erosion Control
13
7-8.10
California Regional Water Quality Control
Board Permit
13
7-10.1.1
Traffic and Access
13
7-10.1.2
Safety Precautions
15
7-10.3
Barricades
15
7-10.5
Water Main Shut Down
15
7--15
Registration of Contractor
15
1
TABLE OF CONTENTS
continued
9--3.1.2
Payment General
16
9-3.2.1
Progress Payment
16
9-3.2.2
Final Payment
17
10-1
Examination of Plans, Standard Specifications,
Special Provision and Site of Work
17
10-2
Proposal Form
18
10-3
Proposal Bid Bond
18
10-4
Withdrawal of Proposals
18
10-5
Public Opening of Proposals
18
10-6
Rejection of Proposals Containing Alterations,
Erasures or Irregularities
18
10-7
Disqualification of Bidders
19
PART 2
Construction Materials 20
PART 3
Responsibilities of Contractor 21 - 27
Fa
NOTICE INVITING SEALED BIDS
MSC-3 B1
Notice is hereby given that the City Council of the City of
Huntington Beach, California will receive sealed bids for the
reconstruction and improvements of various local streets in the
City of Huntington Beach, California in accordance with the
quantities and specifications and special provisions on file in the
office of the Director of Public Works. Documents will be
available on February 9, 1996. A charge of $35.00, not refundable,
will be required for each set of specifications and accompanying
drawings.
DIRECTOR OF PUBLIC WORKS ESTIMATE
WORK ITEM
LOCAL STREET IMPROVEMENT
QUANTITY
1.
Removal and disposal of trees
266
EA.
2.
Install root barrier
313
EA.
3.
Remove and dispose of curb and gutter
18,038
L.F.
4.
Remove and dispose of P.C.C. driveway
49,568
S.F.
5.
Remove and dispose of P.C.C. sidewalk
49,129
S.F.
6.
Remove and dispose of asphalt concrete
27,007
S.F.
7.
Construct P.C.C. curb and gutter
18,038
L.F.
8.
Construct P.C.C. driveway
49,568
L.F.
9.
Construct P.C.C. sidewalk
49,129
S.F.
10.
Construct asphalt concrete
729
TON
11.
Remove existing curb return
7,772
S.F.
22.
Remove existing cross gutter
2,973
S.F.
13.
Construct curb return w/wheel chair ramp
11
EA.
14.
Construct cross cutter
2,973
S.F.
IS.
Remove existing and install new City
furnished water meter boxes
313
EA.
16.
Remove existing material grading
67,657
S.F.
In accordance with the provisions of Section 1773 of the Labor
Code, the State of California, Director of the Department of
Industrial Relations shall determine the general prevailing rate of
wages, applicable to the work to be done; copies of the latest
general wage rate determinations are on file at the office of the
City Clerk and the office of the Public Works of the City of
Huntington Beach, California. `•
Quantities and specifications, together with proposal form, may be
obtained at the office of the Director of Public Works, City Hall,
Huntington Beach, California.
No bid will be received unless it is made on a blank form furnished
by_..the Director of Public Works. The special attention of
prospective bidders is called to the proposal requirements, set
forth in the specifications, for full directions as to the bidding.
N-1
The above quantities are approximate only, being given as a basis
for the comparison of bids, and the City of Huntington Beach does
not express or by implications agree that the actual amount of work
will correspond therewith but reserves the right to increase or
decrease the amount of any class or portion of the work, as may be
deemed necessary or expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public
Works estimate of the quantities of work to be done.
Substitution of securities for any monies by the City to insure
performance shall be permitted in accordance with provisions of the
California Government Code, Section 4590.
Each bid shall be made out on a form to be obtained at the office
of the Director of Public Works, Development Wing, 2000 Main
Street, Huntington Beach, California; shall be sealed and filed
with the City Clerk at the Civic Center, Second Floor
Administration Building, 2000 Main Street, Huntington Beach,
California, on or before 10:00 a.m. of February 29, 1996, and shall
be opened by a committee composed of the City Clerk, the City
Attorney and Director of Public works or their authorized
representative and the results of said bidding will be reported to
the City Council of said City of Huntington Beach at their regular
meeting to be held on Monday, the 3rd of March, 1996 at the hour of
7:30 p.m. in the City Council Chambers in the Civic Center of said
City of Huntington Beach and shall be acted upon by said City
Council at the regular meeting of March 3, 1996.
The City of Huntington Beach, California reserves the right to
reject any or all bids and to accept the bid deemed for the best
interest of the City of Huntington Beach, California.
By order of the City Council of the City of Huntington Beach,
California this February 5, 1996.
ATTEST:
Connie Brockwa
City Clerk
N-2
BID PROPOSAL FROM
Firms Name
To the Honorable Mayor and City Council, City of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the reconstructions
and improvement of Port Circle, Bushard Street, Cove Circle, Moontide Circle,
Nautilus Drive, Marina Lane, Adams Service Road in District #445, Culpepper
Circle in District 158, Howland Lane in District 159, Lydia Drive in District
169, Medford Drive in District 138, Littler Drive in District 157, Bosun Circle
in District 434 and Gentry Lane in District 158 - M.S.C. 381.
I hereby propose and agree to enter into a contract to perform the work herein
described and to furnish the materials for the said work and to the satisfaction
of and under the supervision of the Director of Public Works of said City of
Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialman
through any bid depository, the by-laws, rules or regulations of which prohibit
or prevent the contractor form considering any bid from any subcontractor or
materialman which is not processed through said bid depository, or which prevent
any subcontractor or materialman from bidding to any contractor who does not sue
the facilities of or accept bids from or through such bid despository.
For the furnishing of all labor, materials and equipment, and or all incidental
work necessary to deliver all the improvements complete in place in strict
conformity with the City of Huntington Beach, California, I propose and agree to
take full payment therefore at the following unit prices, to wit:
ITEM
APPROXIMATE
ITEM WITH UNIT PRICE
UNIT
140.
QUANTITY
WRITTEN IN WORDS
PRICE'
TOTAL
1
266 EA.
REMOVE AND DISPOSE OF PARKWAY TREES
AT PER EA.
2
313 EA.
FURNISH AND INSTALL ROOT BARRIER
AT PER EA.
3
18,038 L.F.
REMOVE AND DISPOSE OF P.C.C. CURB AND
GUTTER AT PER L.F.
4
49,568 S.F.
REMOVE AND DISPOSE OF P.C.C. DRIVEWAY
AT PER S.F.
49,129 S.F.
REMOVE AND DISPOSE OF P.C.C. SIDEWALK
AT PER S.F.
27,007 S.F.
REMOVE AND DISPOSE OF ASPHALT CONCRETE
161
AT PER S.F.
18,038 L.F.
CONSTRUCT P.C.C. CURB AND GUTTER R
AT PER L.F.
P-1
ITEM
APPROXIMATE
ITEM WITH UNIT PRICE
UNIT
240.
QUANTITY
WRITTEN IN WORDS
PRICE
TOTAL
8
49,568 S.F.
CONSTRUCT P.C.C. DRIVEWAY
AT PER L.F.
9
49,129 S.F.
CONSTRUCT P.C.C. SIDEWALK
AT PER L.F.
10
729 TON
FURNISH AND PLACE ASPHALT CONCRETE
ADJACENT TO GUTTER
AT PER TON
11
7,772 S.F.
REMOVE EXISTING CURB RETURN
AT PER S.F.
12
2,973 S.F.
REMOVE EXISTING CROSS GUTTER
AT
13
11 EA.
CONSTRUCT CURB RETURN W/WHEEL CHAIR
RAMP AT PER EA.
14
2,973 S.F.
CONSTRUCT CROSS GUTTER
AT PER S.F.
15
313
REMOVE EXISTING AND INSTALL 21EW CITY
FURNISHED WATER METER BOXES
PER EA.
16
67,657
REMOVE EXISTING MATERIAL GRADING
AT PER S.F.
TOTAL
P-2
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely
for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed
upon the basis of the actual quantities in the completed work, whether they be more or less than those shown
herein at the unit prices bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and famish the necessary bonds
within ten (10) days from the date of approval of the contract by the City of Huntington Beach, Califomia.
The undersigned understands the contract time limit allotted for the contract is 240 calendar days.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and
the prop6sal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder
has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope
of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal,
plans, specifications, and the contract.
Accompanying this proposal is ($ 1.
NOTICE: Insert the words "Cash," 'Certified Check,' or "Bidder's Bond,` as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above name security as a proposal guaranty and agrees that It shall be forfeited
to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fall to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall
be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No.
Signature of Bidder
Business Address
Place of Residence
Dated this day of , 19
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
P-3
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder Is required to supply the following information. Additional sheets may be attached if necessary.
1. Firm Name:
2. Address: 3. Telephone:
4. Type of firm -individual, partnership, or corporation:
5. Corporation organized under the laws of the State of:
6. Contractor's License Number:
7. List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
8. Number of years experience as a contractor in street sweeping work:
9. List at least six projects completed or currently under contract as of recent date:
CONTRACT
AMOUNT
CLASS OF
WORK
DATE
COMPLETED OR
CONTRACT DURATION
REFERENCES
NAME, ADDRESS & PHONE NUMBER OF OWNER
10. List the name of the person who inspected the sites of the proposed work for your
firm:
11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data,
or other information and references sufficiently comprehensive to permit an appraisal of his
current financial condition.
P-4
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of
the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each subcontractor who will perform work
on labor or render service to the prime contractor in or about the construction of the work or
improvement in an amount in excess of one-half (112) of one percent (1 %) of the prime contractor's
total bid, and shall further set forth the portion of the work which will be done by each subcontractor.
Only one subcontractor for each portion shall be listed.
if the contractor falls to specify a subcontractor for any portion of the work to be performed under the
contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the
original bid shall only be permitted in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION I� OF WORK I SUBCONTRACTOR'S NAME AND ADDRESS I STANUMB R TE LICENSE I CLASS �I
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the above
subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered Into and bonds furnished by
subcontractor for this project.
P-a
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT OF CURBS,
GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
TABLE OF CONTENTS
Page No.
I.
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.
ATTORNEY FEES
15
32.
ENTIRETY
15
S A M PLE
97c c"WI J1493
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR REMOVAL AND REPLACEMENT OF CURBS,
GUTTERS, SIDEWALKS, DRIVEWAYS AND TREES
THIS AGREEMENT, made and entered into this day of
, 19 , 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 removal and replacement of curbs, gutters, sidewalks,
driveways and trees on various streets in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. STATEMENTQF 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 bncountered 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, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described In this
1 SAMPLE
3Ac/awr6s1IVA'95
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
wont 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 1994 edition of Standard Specifications forPubfic Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034. and all amendments thereto, written and promulgated by the Southem California chapter
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
2 SAMPLE
Slk cwW12114:93
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 compensations
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.
i
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (110) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
i
( ) 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
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.
3 SAMPLE
Wcurbar12/141)5
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
In writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
4 SAMPLE
Wmrbs/12114/93
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.
a. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
fumish the following three bonds approved by the City Attomey: 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.
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
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payroll deductions for CONTRACTOR and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGESIDELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days as
set forth herein, damage will be sustained by CITY; and that it is, and 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 days delay in completing the work in excess of the number of
workinglcalendar days set forth herein, which represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the
event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein
provided, and further agrees that CITY may deduct the amount thereof from any monies due or
that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the *act, -neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials
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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;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
I
however, the time prescribed therefor may be extended by CITY.
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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
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
accej Lance of the work and the filing of a Notice of Completion by CITY. Payments shall be
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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.
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
9 SAMPLE
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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.
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
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
10 SAMPLE
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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.
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
assigriment for the benefit of creditors or becomes insolvent, or violates any provision of this
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Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement, in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 of
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
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CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed
cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under
this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other place designated in writing by such
party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
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.
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31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
32. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR:
By:
print name
ITS: (cirde one) ChairmaniPresident/ ice President
By:
print name
ITS: (drde one) Secretary/Chief Financial
Officer/Asst Secretary -Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney•'�`� 4
INITIATED AND APPROVED:
Director of Public Works
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STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the 1979 Edition of the "Standard
Specifications for Public Works Construction" (Green Book) published by Building News,
Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto,
adopted by the Joint Cooperative Committee of Southern California District and
Associated Contractors of California; hereinafter referred to as Standard Specifications,
are adopted as the "Standard Specifications" for this project and shall be considered as
a part of these Special Provisions.
Where specified, the specified editions of "Standard Specifications" and "Standard Plans"
of the State of California, Business and Transportation Agency, Department of
Transportation, shall apply. if no date of publication is specified, the most recent edition,
as of the date of publication of the Notice Inviting Bids for this contract, shall apply.
PART 1
GENERAL SPECIAL PROVISIONS
1-2.1 Definitions
(a) AGENCY The City of Huntington Beach, California also
hereinafter called "City."
(b) BOARD The City Council of the City of Huntington
Beach, California.
(c) CONTRACT
DOCUMENT Documents including but not limited to the
proposal forms p-1 through p-5, Standard
Specifications, General Provisions, Special
Provisions, Plans, Bonds, Insurance, Contract
Agreement and all addenda setting forth any
modifications of the documents.
(d) ENGINEER The administrating officer of the City of
Huntington Beach or his authorized
representative.
1
1-3.1
2-1.1
(e) BIDDER Any individual, co -partnership, association or
corporation submitting a proposal for the work
contemplated acting directly or through a duty
authorized representative.
(f) LEGAL ADDRESS
OF CONTRACTOR The legal address of the Contractor shall be the
address given on the Contractor's bid and is
hereby designated as the place to which all
notices, letters or other communications to the
Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and
authorized by the Engineer for testing materials
and work involved in the contract.
(h) SPECIAL
PROVISIONS The special provisions are specific clauses
setting forth conditions or requirements peculiar
to the work and supplementary to these
Standard Specifications. The Department of
Transportation publications entitled Labor
Surcharge and Equipment Rental Rates and
General Prevailing Wage Rates are to be
considered as a part of the special provisions.
(i) STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the
Government Code. The provisions of this act
and other applicable laws, form and constitute
a part of the provisions of this contract to the
same extent as is set forth herein in full.
Abbreviations
O.C.E.M.A Orange County Environmental Management Agency.
Award of Contract
The City reserves the right to reject any and all Proposals. The award of
the contract, if it be awarded, will be to the lowest responsible Bidder whose
Proposal complies with all the requirements prescribed by the City.
2
2-1.2 Execution of Contract
The contract shall be signed by the successful Bidder within ten (10)
working days after award and be returned together with the contract bonds,
to the City Clerk's office. Work shall commence within 10 working days
after the contract has been fully executed. No Proposal shall be considered
binding upon the City until the contract is executed by the Contractor and
the City. The contract time shall start on the day of contract execution by
the City.
2-1.3 Failure to Execute Contract
Failure to execute a contract and file acceptable bonds as provided herein
within the time specified for the applicable contract category shall be just
cause for the cancellation of the award and the forfeiture of the proposal bid
bond.
2-4.1 Return of Bid Bond
Within ten (10) days after the award of the contract, the City of Huntington
Beach will return the bid bonds accompanying the proposals which are not
to be considered in making the award. All other bids bonds, will be held
until the contract has been finally executed, after which they will be returned
to the respective bidders whose proposal they accompany.
2-4.2 Guarantee
The contractor, by submission of a bid for this project, expressly agrees to
the herein stipulated guarantee of materials, products workmanship and
installations incorporated into this project.
All work performed in accordance with these plans, standard specifications
and special provisions, including, but not limited to, workmanship,
installation, fabrications, material and structural, mechanical, or electrical
facilities shall be guaranteed for a period of six months, commencing with
the filing of the notice of completion and acceptance of the contract by the
City, unless specific areas are to be guaranteed longer as provided in
Special Provisions.
Security of this guarantee shall be furnished to the City and may be
included as part of the Faithful Performance Bond. There shall be express
wording in the Performance Bond, if such bond includes the guarantee or
warranty of the Labor and Materials for a six month period, commencing
3
with the filing of the Notice of Completion and acceptance of the contract
by the City. The guarantee amount shall be for the full amount of the
Performance Bond. Release of the Performance Bond shall not apply to
the guarantee or warranty period.
The Contractor, by agreeing to this latent defect guarantee, also agrees that
within 10 days after notification of a failure or deterioration of a facility or
work covered under this contract, he will repair, replace or show reasonable
cause as to reason for further delay. Refusal or failure to commence repair
or replacement will cause the City to file claim against the bond.
Excepted from the guarantee of labor and materials will be defects caused
by acts of God, acts of the City, acts of vandals, or by acts of others
outside or beyond the control of the Contractor.
2-5.1.1 Plans and Specifications
The Engineer will provide the Contractor, free of charge, copies of plans,
special provisions and additions to the General Provisions of the Standard
Specifications that are reasonably necessary for the execution of work.
Contractor shall, at his own expense, obtain copies of Standard
Specifications and Standard Plans and Specifications of the State of
California, for his general use.
If after award of contract, should it appear that the work to be done, or any
matter relative thereto, is not sufficiently detailed or explained in the
Standard Specifications, Specifications, Special Provisions and plans, the
Contractor shall request from the Engineer further explanation or
interpretation of the contract. The request by the Contractor and the
Engineer's response shall be in writing.
All scaled dimensions are approximate. Before proceeding with any work,
the Contractor shall carefully check and verify all dimensions and quantities
and shall immediately inform the Engineer or his representative of any
discrepancies.
2-5.1.2 Competency of Bidders and Payment for Plans and Specifications
Plans, Special Provisions and Proposal forms will be issued only to those
contractors who can qualify as competent bidders. A charge will be
required for the taking out of plans, none of which will be refunded to any
bidder.
4
2-6.1 Removal of Defective and Unauthorized Work
All work which is defective in its construction or does not meet all of the
requirements of the Plans and/or Specifications shall be remedied, or
removed and replaced by the Contractor in an acceptable manner, and no
compensation will be allowed for such correction.
Any work done beyond the limits of the lines and grades shown on the
plans or established by the Engineer, or any extra work done without written
authority, will be considered as unauthorized and will not be paid.
Upon failure on the part of the Contractor to comply forthwith with any
order of the Director made under the provisions of this article, the Engineer
shall have authority to cause defective work to be remedied, or removed
and replaced, and unauthorized work to be removed, and to deduct the
costs and thereof from any monies due or to become due the Contractor.
2-7.1 Soil Conditions
The Contractor shall inspect the soil conditions himself before submitting a
bid. By submitting a bid, the Contractor acknowledges that he has satisfied
himself as to the quality of the work including but not restricted to the
conditions affecting, handling and storage of materials, disposal of excess
materials, the soil conditions, and level and amount of groundwater.
2-9.1 Permanent Survey Markers
Unless otherwise provided in the Special Provisions, the Contractor shall be
responsible for protecting all existing horizontal and vertical survey controls,
monuments, ties and bench marks located within the limits of the project.
If any of the above require removal, relocating or resetting, the Contractor
shall, prior to any construction work, notify the Engineer so arrangements
can be made to establish sufficient temporary ties and bench marks to
enable the points to be reset after completion of construction.
2-10.1 Authority of Board and Inspection
The Contractor shall give at least 24 hours advance notice when he or his
Subcontractor will start or resume the work.
The above notice is to be given during working hours, exclusive of
Saturday, Sunday or City holidays for the purpose of permitting the
Engineer to make necessary assignments of his representatives.
5
If the Contractor elects to work under this contract more than 8 hrs/day or
more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall
arrange with the Engineer for the required inspection service and pay the
special inspection fees which will be charged at the following rates:
4 hrs. or less/day $125.00
4 hrs. to 8 hrs/day $250.00
When Special Inspection is required, the Contractor shall notify the City and
pay inspection fees 24 hours in advance. if the Contractor is directed the
City to work under this contract more than 8 hrs/day or more than 40
hrs/week, the Special Inspection fee requirements will be waived.
Any work performed in conflict with said advance notice, without the
presence or approval of the Engineer, or work covered up without notice,
approval or consent may be rejected or ordered to be uncovered for
examination at Contractor's expense, and shall be removed at Contractor's
expense, if so ordered by the Engineer. Any unauthorized or defective
work, defective material or workmanship or any unfaithful or imperfect work
that may be discovered before the final payment and final acceptance of
work shall be corrected immediately without extra charge even though it
may have been overlooked in previous inspections and estimates or may
have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given
on the approved plans shall be in writing. No changes shall be made on
any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer in writing. Deviations from the approved
Plans, as may be required by the exigencies of constructions will be
determined in all cases by the Engineer and authorized in writing.
All instructions, rulings and decisions of the Engineer shall be in writing and
shall be final and binding on.all parties unless formal protest is made in
writing and as provided in the following paragraph:
If the Contractor considered any work demanded of him to be outside the
requirements of the contract, or if he considers any instruction, ruling or
decision of the Engineer to be unfair, he shall within ten (10) days after any
such demand is made, or instruction , ruling or decisions is given, file a
written protest with the Engineer stating clearly and in detail his objections
and reasons therefore. Except for such protests and objections as are
made of record, in the manner and within the time above stated, the
Contractor shall be deemed to have waived and does hereby waive all
claims for extra work, damages and extensions of time on account of
21
demands, instructions, rulings and decisions of the Engineer.
Upon receipt of any such protest from the Contractor, the Engineer shall
review the demand, instruction, ruling or decision objected to and shall
promptly advise the Contractors, in writing of his final decision, which shall
be binding on all parties, unless within the ten (10) days thereafter the
Contractor shall file with the City Council a formal protest against said
decision of the Engineer. The City Council shall consider and render a final
decision on any such protest within thirty (30) days of receipt of same.
2-10.2 Requirements for Work Within Other Agencies Right -of -Wax
The Contractor shall prosecute work on other agencies' right-of-way only in
the presence of the inspector representing the agency and any work done
in the absence of said inspector will be subject to rejection. The Contractor
shall make the appropriate notification according to the instruction given on
the permit for all inspections, and shall post all bonds and certifications
required by the permit. The permit shall be acquired by the City However,
the Contractor may also be required to secure additional permits under his
own name, which permits shall be processed at the Contractor's expense.
The Contractor shall pay for all testing and inspections required by the
permit.
2-10.3 Final Inspection
Whenever the work provided for and contemplated by the contract shall
have been satisfactorily completed and the final cleaning performed, the
Engineer will make the final inspection.
4.1.4.1 Test of Materials
All tests of materials furnished by the Contractor shall be made in
accordance with commonly recognized standards of national organizations,
and such special methods and tests as are prescribed in the Standard
Specifications.
No materials shall be used until they have been approved by the Engineer.
The Contractor shall, at his expense, furnish the City, in triplicate, certified
copies of all required factory and mill test reports. Any materials shipped
by the Contractor from a factory or mill prior to having satisfactorily passed
such testing and inspection by a representative of the City shall not be
incorporated in the work, unless the Engineer shall have notified the
Contractor, in writing, that such testing and inspection will not be required.
7
At the option of the Engineer, the source of supply of each of the materials
shall be approved by the Engineer before delivery is started and before
such material is used in the work.
The City of Huntington Beach will pay for the initial soil and material tests.
Any subsequent soil and materials tests deemed necessary due to the
failure of initial tests will be at the Contractor's expense.
6-1.1 Construction Schedule and Commencement of Work
Prior to the start of work, arrangements will be made for a meeting between
the Contractor and the Engineer. The purpose of this meeting is to
coordinate the activities of the Contractor within the limit of this contract,
review scheduling, discuss construction methods and clarify inspection
procedures. The Contractor shall submit for approval by the Engineer a
complete schedule showing the number of working days required to
complete the project.
The contract time shall commence upon the date of execution of the
contract by the City.
6-1.2 Progress of the Work and Time -for Completion
The Contractor shaft begin work within ten (10) working days after the
contract has been fully executed by the City and shalt diligently prosecute
the same to completion before the expiration of the time specified in the
proposal, specifications, and/or contract.
6-2.1 Progress Schedule
When, in the judgment of the City, it becomes necessary to accelerate the
work, the Contractor, when ordered, shall cease work at any particular point
and concentrate his forces at such other point or points as directed; and
execute such portions of his work as may be required to enable others to
hasten and properly engage and carry on their work.
6-8.1 Acceptance
Should it become necessary, due to developed conditions, to occupy any
portion of the work before contract is fully completed, such occupancy shall
not constitute acceptance.
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7-2.3
7-2.4
General Prevailing Wage Rates
In accordance with the provisions of Section 1773 of the Labor Code, the
State of California Director of the Department of Industrial Relations shall
determine the general prevailing rate of wages, applicable to the work to be
done; copies of the latest general wage rate determinations are on file at
the office of the City Clerk, and the office of the Director of Public Works of
the City of Huntington Beach, California.
Payroll Records
The Contractor's attention is directed to the following provisions of Labor
Code Section 1776 (Slats. 1978, Ch. 1249). The Contractor shall be
responsible for compliance with these provisions by his subcontractors.
a. Each contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker or
other employee employed by him or her in connection with the public
work.
b. The payroll records enumerated under subdivision (a) shall be certified
and shall be available for inspection at all reasonable hours at the
principal office of the contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
2. A certified copy of all payroll records enumerated in subdivision (a)
shall be made available for inspection or furnished upon request to
a representative of the body awarding the contract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
3. A certified copy of all payroll records enumerated in subdivision (a)
shall be made available upon request to the public for inspection or
copies thereof made; provided, however, that a request by the public
shall be made through either the body awarding the contract, the
Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. The public shall not be given access to
such records at the principal office of the contractor.
c. Each Contractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested such records within 10
days after receipt of a written request.
d. Any copy of records made available for inspection as case and
furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement shall be marked or obliterated in such
a manner as to prevent disclosure of an individual's name, address and
social security number. The name and address of the contractor
awarded the contract or performing the contract shall not be marked or
obliterated.
e. The Contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a), including the
street address, city and county, and shall, within five (5) working days,
provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the
Contractor shall have ten (10) days in which to comply subsequent to
receipt of written notice specifying in what respects such contractor must
comply with this section. Should noncompliance still be evident after
such ten day period, the contractor, shall, as a penalty to the state or
political subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon
the request of the Division of Apprenticeship Standards or the Division
of Labor Standards Enforcement, such penalties shall be withheld from
progress payments then due.
7-3.1 Public VabRity and Property Damage Insurance
The Contractor shall furnish to the City and maintain during the life of the
contract a public liability insurance policy in which the City is named as an
additional insured. The Contractor shall also hold harmless the City, its
officers and employees while acting within the scope of their duties, against
all claims arising out of or in connection with the work to be performed.
The policy shall provide for not less than the following amounts:
Combined Single Limit Bodil ln'u and/or Property
Damage Including Products Liability:
$1,000,000 combined single limit per occurrence.
Such policy shall provide coverage at least as broad as that provided in the
Standard Form approved by the National Bureau of Casualty Underwriters
together with such endorsements as are required to cover the risks
involved.
The Contractor shall arrange for the policies to be so conditioned as to
cover the performance of "Extra Work," should such work become
necessary.
Prior to the commencement of work under the contract, evidence of
insurance shall be furnished on a form provided by the City, and no other
form will be accepted. In addition, the Contractor shall furnish evidence of
a commitment by the insurance company to notify the City of the expiration
or cancellation of any of the insurance policies required hereunder not less
than thirty (30) days before any change in coverage, expiration or
cancellation is effective.
The Contractor shall also show proof of Workers' Compensation coverage
or a valid certificate of self-insurance.
7-5.1 Permits and Licenses
Except as otherwise specified in the Special Provisions, the Contractor shall
procure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the
work. These permits and licenses shall be obtained in sufficient time to
prevent delays to the work. In the event that the agency has obtained
permits, licenses or other authorizations applicable to the work, the
Contractor shall comply with the provisions of said permits, licenses and
other authorizations. The Contractor shall obtain from the State of
California, the Industrial Safety Permit required for the various construction
items.
7-6.1 The Contractor's Representative
Contractor shall also file with the Engineer, the address and telephone
numbers where he or his designated representative may be reached during
hours when the work is not in progress. Instructions and information given
by the Engineer to the Contractor's authorized representative in person, at
the address or telephone numbers filed in accordance with this section shall
be considered as having been given the Contractor.
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7-6.2 Superintendence
Whenever the Contractor is not present on any part of the work where the
City desires to give direction, orders will be given by the Director in writing,
and shall be received and obeyed by the Contractor's superintendent or
foreman in charge of the particular work in reference to which orders are
given.
7-8.1 Cleanup and Dust Control
All surplus materials shall be removed from the site immediately after
completion of the work causing the surplus materials.
Unless the construction dictates otherwise, and unless otherwise approved
by the Engineer, the Contractor shall furnish and operate a self -loading
motor sweeper with spray nozzle at least once each working day to keep
paved areas acceptably clean whenever construction, including restoration
is incomplete.
7-8.5.1 Use of City Water System
The Contractor shall make arrangements with the City of Huntington Beach
Water Department for requirements, location of source and payment prior
to the taking of any water from the City system.
7-8.7 Noise Control
If the construction site is located adjacent to a residential area, the
Contractor shall take all necessary steps to limit the amount of noise
emitting from construction equipment used.
In addition, working hours shall be restricted to between the hours of 7:00
AM to 6:00 PM.
7-8.8 Flow and Acceptance of Water
Storm, surface and possibly ground or other water may be encountered at
various times and locations during the work. Such waters may interfere
with the Contractor's operations and may cause damage to adjacent or
downstream private and/or public property by flooding or lateral erosion if
not properly controlled by the Contractor and the Contractor acknowledges
that his bid was prepared accordingly. The Contractor, by submitting a bid,
assumes all of said risk.
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The Contractor shall conduct his operations in such manner that storm or
other waters may proceed without diversion or obstruction along existing
street and drainage courses. Drainage of water from existing catch basins
shall be maintained at all times. Diversion of water for short reaches to
protect construction in progress will be permitted if public or private
properties are not damaged or, in the opinion of the Engineer, are not
subject to the probability of damage. The Contractor shall obtain written
permission from the applicable public agency or property owner before any
diversion of water will be permitted by the Engineer.
In the course of water control, the Contractor shall conduct construction
operations to protect waters from pollution with fuels, oils, bitumens or other
harmful materials.
The City has received a permit for discharging from the California Regional
Water Quality Control Board that is reproduced in these Special Provisions
as Attachment B.
7-8.9 Erosion Control
The Contractor shall submit a written plan specifying methods to control
erosion due to the construction activities of the project. This plan shall be
submitted for approval to the Director no later than five (5) days after the
opening bids.
7-8.10 California Regional Water Quality Control Board Permit
The City has received a permit for discharge from the California Regional
Water Quality Control Board. No water quality problems are anticipated as
a result of groundwater dewatering discharge. However, if problems
develop and it is necessary to aerate, oxidize, detail or otherwise treat the
discharge, said treatment will be considered as 'extra work' and shall be
carried on by the Contractor.
All monitoring and reporting required by the permit will be done by the City;
however, this does not relieve the Contractor from compliance with other
conditions, provisions and requirements of the permit.
Applicable sections of said permit are herein contained and shall be
considered as part of these Special Provisions.
7-10.1.1 Traffic and Access
No full closures will be permitted. Daylight lane closures will be permitted
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with prior approval of the Engineer provided flagmen are available for
control of vehicle movements. Closures are limited to between 9:00 AM
and 3:00 PM. Safety precautions shall conform to Section 86-1.07 of State
Standard Specifications and these Special Provisions.
Applicable sections of California Administrative Code, Title 8, concerning
electrical and construction safety standards and practices, shall be adhered
to and enforced by the Contractor.
Contractor shall require that an approved safety vest be worn by all
personnel who are working at this project site. Any worker without a vest
may be ordered off the job by the Inspector until such apparel is acquired.
Questions as to approved vests shall be directed to the Engineer.
The Contractor shall provide for and maintain provisions for public traffic
through the construction area at all times. Unless otherwise specified in
these Special Provisions, work shall be in accordance with Sections 4-1.04,
7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the
State Department of Transportation, Standard Specifications, and as
provided for in Title 8 of State of California, Department of Industrial
Relations, Construction Safety Order, and Chapter 12.24, "Warning Lights ---
Barricades" of the Huntington Beach Municipal Code.
The Inspector may require additional devices to control traffic as traffic and
construction conditions require. The Inspector may stop work at the job site
until the required safety and traffic control devices are put in place by the
Contractor. The cost for additional safety and traffic control devices shall
be included in the unit price or lump sum prices bid for the job and no
additional compensation will be allowed therefore. Questions pertaining to
construction, warning signs and devices shall be directed to the Engineer.
Prior to the beginning of work, the Contractor shall present to the City a
detour plan pertaining to any detour(s) he feels will be required to properly
prosecute the work. The detour plans, when accepted by the City, shall
become the official document upon which detour(s) shall be put in place
and maintained when required. Any detour which will last longer than three
calendar days shall be delineated by removing the existing striping and
legends on the pavement by sandblasting and placing new striping and
legends as may be appropriate to accommodate the detour. Upon
completion of the work and the restoration of the road surface to its final
condition, the detour striping shall be removed by sandblasting by the
Contractor and the original striping replaced. Cost for removal and
replacement of detour striping shall be included in the other items bid for
the work and no additional compensation shall be allowed therefore.
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The Contractor's attention is specifically directed to HBMC Section 12.24,
"Warning tights - Barricades," pertaining to the use of barricades and tights
in excavation areas. Flashing barricades will be allowed as a substitute for
"lights' as described in that section.
7-10.1.2 Safety Precautions
Contractor shall require that an approved safety vest be worn by all
personnel who are working at this project site. Any Worker without a vest
may be ordered off the job by the Inspector until such apparel is acquired.
Questions as to approved vests shall be directed to the Engineer.
Applicable sections of California Administrative Code, Title 8, concerning
electrical and construction safety standards and practices, shall be adhered
to and enforced by the Contractor.
7-10.3 Barricades
All barricading to meet manual on Uniform Traffic Control Devices - 1975.
7-10.5 Water Main Shut Down
When a City water main or service is to be shut down, the affected
residents shall be notified by the Contractor at least 24 hours in advance
of the shut down. The Contractor shall proceed with the water facilities
work in an expedient manner until the water lines are in service. If water
service to residents is disrupted for more than 4 hours, the Contractor shall
provide temporary water service to the residents. The cost shall be
included in the other items bid.
7-15 Registration of Contractor
Prior to the award of contract, the Contractor shall be licensed in
accordance with the provisions of Article 1 to 9 inclusive of Chapter 9,
Division 3 of the Business and Progressions Code of the State of California
and Amendments thereof, providing for the registration of Contractors, and
defining the term Contractor; providing a method of obtaining licenses to
engage in the business of contracting and fixing the fees for such licenses;
and prescribing the punishment for violation of provisions thereof, as
amended.
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9 3.1.2 Payment General
Payment for the furnishing of all labor, material and equipment necessary
to perform all work indicated on the plans and described in these
specifications and Special Provisions shall be included in the contract unit
prices bid for the items listed on the Proposal and no additional
compensation will be allowed. Compensation for items of work shown or
described, but not listed on the proposal, will be considered to be included
in the prices bid for listed items.
Non -listed items to be included in the unit prices bid for various items listed
on the proposal consist of, but are not limited to the following:
1. Water and dewatering
2. Backfill, compaction and disposal of surplus material
3. Maintaining public utility facilities
4. Miscellaneous removals
5. Trench resurfacing
6. General finishing and clean-up
7. Barricading, traffic control and temporary striping
8. Restoring private property improvements
9. Potholing utilities
9-3.2.1 Progress Payments
The City shall, once in each month, cause an estimate in writing to be made
by the Engineer of the total amount of work done and the acceptable
materials furnished and delivered by the Contractor to the job site and not
used as of the time of such estimate and the value thereof. The City shall
retain money in the amount of ten percent (10%) of the progress payment
unless approval of Engineer for greater percent of such estimated value of
the work done is obtained. The City shall retain money in the amount of
fifty percent (50%) of the value of the materials so estimated to have been
furnished and delivered and unused, provided the materials were fabricated
specifically for the project. No payment will be made for standard stock
items that have not been incorporated in the work.
The City shall monthly pay to the Contractor while performing the work, the
progress payment balance, after deducting therefrom all previous payments
and all sums to be kept or retained under the provisions of the contract. No
estimate or payment shall be required to be made when in the judgment of
the Engineer, the work in not proceeding in accordance with the provisions
of the contractor when in his judgment the total value of the work done
16
since the last estimate amounts to less than three hundred dollars ($300).
At the request and expense of the contractor, substitution of securities for
any monies withheld by the City to insure performance under the contract
shall be permitted in accordance with provisions of the California
Government Code, Section 4590.
9-3.2.2 Final Payment
The Engineer shall, after completion of the contract, make a final estimate
of the amount of work done thereunder and the value of such work, and the
City of Huntington Beach shall pay the entire sum found to be due after
deducting therefrom all previous payments and all amounts to be kept and
all amounts to be retained under the provisions of the contract. All prior
partial estimates and payments shall be subject to correction in the final
estimates and payment. The final payment shall not be due and payable
until after the expiration of thirty-five (35) days from the date of recording
a Notice of Completion.
It is mutually agreed between the parties to the contract that no certificates
given or payments made under the contract, except the final payment shall
be evidence of the performance of the contract, either wholly or in part,
against any claim of the party of the first part and no payment shall be
construed to be an acceptance of any defective work or unacceptable
materials.
Section 10 Proposal Requirements
10-1 Examination of Plans, Standard Specifications, Special Provisions and
Site of Work
The bidder shall examine carefully the site of the work contemplated and
the proposal, plans, specifications and contract forms therefore. It will be
assumed that the bidder has investigated and is satisfied as to the general
and local conditions to be encountered; as to the character, quality and
quantities of the work to be performed and materials to be furnished; as to
the character of equipment and facilities needed preliminary to and during
the prosecution of the work; and as to the requirements of these
specifications.
It is mutually agreed that submission of a proposal shall be considered
prima facie evidence that the bidder has made such examination. No
verbal agreement or conversation with any officer, agent or employee of the
City either before or after the execution of this contract shall effect or modify
any of the terms or obligations herein contained.
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10-2 Proposal Form
All proposals must be made upon blank forms to be obtained from the office
of the Director of Public Works at the Civic Center, Huntington Beach,
California. The Bidder shall submit his Proposal on the form furnished him.
Proposals submitted on forms other than the one issued to the Bidder will
be disregarded.
All proposals must give the prices proposed both in words and numbers, of
which words will prevail over numbers, and must be signed by the Bidder
with his address and telephone number. If the proposal is made by an
individual, firm or partnership, name, post office address and telephone
number must be shown. If made by a corporation, the Proposal must show
the name of the state under which the laws of which the corporation, and
the names, title and business addresses and telephone numbers of the
President, Secretary and Treasurer.
10-3 Proposal Bid Bond
All bids shall be presented under sealed cover and shall be accompanied
by cash, a cashier's check, certified check or bidder's bond made payable
to the City of Huntington Beach, for an amount equal to at least ten percent
(10%) of the amount of said bid, and no bid will be considered unless, such
cash, cashier's check, certified check, or bidder's bond is enclosed
therewith.
10-4 Withdrawal of Proposals
Any bid may be withdrawn at any time prior to the hour fixed in the Notice
to Contractors for the opening of bids provided that a request in writing,
executed by the Bidder or his duly authorized representative, for the
withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid
shall not prejudice the right of a Bidder to file a new bid.
10-5 Public Opening of Proposals
Proposals will be opened and read publicly at the time and place indicated
in the Notice To Contractors. Bidders or their authorized agents are invited
to be present.
10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities
Proposals may be rejected if they show any alterations of form, additions
not called for, conditional or alternative bids, incomplete bids, erasures, or
18
irregularities of any kind. Any mistakes and their subsequent corrections
shall be initialed by the Bidder. The right is reserved to reject any or all
Proposals.
C0 7 Dis ualification of Bidders
More than one proposal from an individual, a firm, a partnership, a
corporation, or an association under the same or different names will not be
considered. Reasonable ground for believing that any Bidder is interested
in more than one Proposal for the work contemplated will cause the
rejection of all Proposals in which such bidder is interested. If there is
reason for believing that collusion exists among any or all bidders, any or
all Proposals may be rejected. Proposals in which the prices obviously are
unbalanced may be rejected.
W
SPECIAL PROVISIONS
The following additions are made to Parts 2, and 3 of the Standard Specifications. If
there is a conflict between these additions and the Standard Specifications, these
additions shall have precedence.
PART 2
CONSTRUCTION MATERIALS
Where applicable, alternative materials specified in Section 4 of the Standard
Specifications, may be used.
200-2.2 Crushed Aggregate Base
Shall be used in all areas of curb, curb and gutter requiring fill in excess of
2 inches in thickness to prepare sub -grade.
201-1.1.2 Concrete
Shall be Class 520-C-2500 for sidewalks, driveways, driveway aprons, and
applicable onsite driveways. Class 520-D-2500 may be used for machine
extruded curb or curb and gutter.
203-6.1 Asphalt Concrete
Shall be C2-AR-4000 for reconstruction of street surfaces and applicable
driveway areas adjacent to sidewalks and/or onsite.
211-2.1 Laboratory Maximum Density
Laboratory Maximum Density tests shall be per Method 2. The correction
for oversize material as stated in Test Method No. California 216 shall be
replaced with Note 2 or A.S.T.M.D1557.
211-2.3 Relative Compaction
f'
Wherever relative compaction is specified to be determined by Test Method
No. Calif. 216, the relative compaction will be determined by Test Method
NO. Calif 216 or 231. The area, as stated in Test Method No. Calif. 231,
may be represented by one or more individual test sites.
9C
211-3 Sand Equivalent Tests
Evaluation of gradation and sand equivalent test results shall conform to the
provisions of Subsection 400-1.4. The gradation and sand equivalent
requirements of Subsections 200-2.2, 200-2.3, 200-2.4,100-2.5 and 200-2.6
shall be the moving average requirements. Individual test requirements for
gradation and sand equivalent shall be as determined by the Engineer.
212-1.1.3 Class B topsoil shall be fumished for fill areas behind curb and gutter, new
sidewalks, and adjacent to existing private owned property.
PART 3
A. General Description of Work:
1. Local Street Improvement
The work to be done consists of the removal and disposal of parkway trees,
removal and disposal and replacements of curbs and gutters, sidewalks,
driveways, and onsite driveways as necessary to meet new grade.
a. Onsite driveway replacements shall be in kinds, i.e. asphalt or P.C. concrete
to match the existing.
b. Any driveway In City right of way requested to be widened by homeowner shall
be done at homeowner's expense and based on the bid price of the bid
proposal including excavation for widening.
c. Any driveway on private property requested by homeowner to be replaced with
concrete, will be at homeowner's expense.
d. Any existing curb drain for pool or backyard shall be raised or lowered to meet
new flowline grade.
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e. Any concrete, brick, or ornamental concrete shall be removed and not
replaced unless homeowner's request it, and shall be at their expense unless
they have a previous permit from the City.
f. The contractor shall take all precaution as not to destroy the entire parkway
during construction.
B. Work to. be performed by City Forces:
City forces will perform the following work which is pertinent to the completion of this
project.
t. Performance of field surveying to establish desired finish line grade, curb
alignment, and flowlines as necessary.
2. Repainting of traffic control striping and legends which may be covered by any
capping.
C. Additions to the Standard Specifications - General:
The contractor shall perform the following in addition to or in accordance with the
Standard Specifications.
1. Furnish and maintain lighted barricades and/or lane delineators during entire
project as required.
2. Pre -clean all areas to be capped or adjacent to any paving by self propelled power
street sweepers.
3. Schedule all paving operations to provide for the least disruption to vehicle traffic
through the project limits.
4. Provide entry/exit to all driveways to private property excepting only such times as
forms are in place or curing of freshly poured concrete or placed asphalt paving
Is required.
5. Notify property occupants of work schedules that may require advance removals
of vehicles from garages or private driveways 48 hours prior to starting
construction.
6. Notify all utility companies 48 hours prior to starting construction, including police
and fire for any street.
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7. Maintain access and passage along all streets for emergency vehicles at all times.
D. Additions to Standard Specifications - Detailed:
300-1 General
1. Tree removal and disposal shall be accomplished by root pruning,
as necessary, removal of tree, root bail, and roots to the depth
specified or less, if no roots exist to the three foot depth. The
contractor shall protect all existing private irrigation lines, utility
service lines, sewer, gas, electric, telephone, water, or cable
television; and shall cause all lines damaged during tree removals
to be repaired.
2. The contractor, prior to removal, shall contact the homeowner or
resident to verify that the irrigation system is In good working
condition prior to starting removal. Should it not be, then it shall be
repaired at their own expense and the Engineer should be notified
to verify also.
E. Additionslo_Standard Specifications:
300-1.2 Preservation of Property
The contractor shall protect in place (as possible) any block wall,
fence, shrub, bush, tree or other private property adjacent to or directly
threatened by intended construction. Should removal seem necessary,
the contractor shall first contact the Engineer so that a qualified
Inspector can judge its possible protection, salvage, and/or relocation.
300-1.3.1 Removal and -disposal of materials General
No burning will be permitted.
300-1.3.1a Hauling of Materials
1. In order to protect the City streets from deterioration due to hauling
of materials, the contractor shall submit (prior to pre -job meeting)
for approval, a proposed route for the hauling of materials for
disposal. Upon approval, the contractor shall strictly adhere to that
route only, unless written permission is obtained to change the
route.
2. Trees, shrubs, and other vegetation, organic materials, and non
23
organic materials shall be disposed of offsite, and the contractor
shall pay all charges for loading, hauling, permits, and/or dumping
fees. If disposal is to occur on other than public properties, the
contractor shall obtain written permission from the property owner.
300-1.3.2 a Bituminous Pavement Removal
1. Bituminous pavement removal adjacent to pavement which is to
remain in place shall be removed to a neatly trimmed saw -cut
edge. The contractor will be allowed to use a two step process,
first to make an initial rough cut by machinery or pavement
breakers, and second by performing the saw -cutting immediately
prior to laying down the new asphalt concrete work. Should, by
this operation, the area of the pavement be increased beyond the
limits shown on the plans, no additional compensation will be
allowed for items within the increased areas.
2. Sawcuts for pavement removals to Install gutter forms shall be
made parallel to the gutter and sufficiently away form the gutter
edge to provide street drainage to the flowline. Finished pavement
slopes should be planned to be a minimum of 1 % and maximum
of 5%.
3. Sawcuts for pavement removals of onsite driveways shall be made
parallel to sidewalks, and shall be minimally encroaching, only
sufficient to provide satisfactory entrylexit.
301-2 Untreated Base Materials
SECTION I. -MATERIALS
Untreated base materials shall meet the requirements of Section 400
and these Special Provisions. In lieu of the second sentence of
Section 200-2.4.1, at least 65 percent, by weight, of the material
retained on the No. 4 sieve shall be crushed particles as determined
by Test Method No. California 205.
Evaluation of gradation* and sand equivalent test results shall conform
to the provisions of Subsection 400-1.4. The gradation and sand
equivalent requirements of Subsection 200-2.3, 200-2.4, 200-2.5, and
200-2.6 shall be the moving average requirements. Individual test
requirements for gradation and sand equivalent shall be as determined
by EMS -Materials Lab.
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SECTION it. GENERAL PROVISIONS
Add to Subsection 301-2.2, "General", the following:
Untreated base material for pavement, cross gutters, spandrels,
and similar types of improvements, shall be constructed to material
as specified herein.
The material grading shall be either Coarse or Fine as specified in
Subsection 200-2.4.2, "Grading", of the Standard Specifications, at
the option of the contractor. Changes from one grading to another
shall be made during the progress of the work, unless permitted by
the Engineer.
Revise Subsection 301-2.2, "Spreading", as follows:
Delete the last two sentences in paragraph 2 and add the
following:
At the time untreated base material is spread, it May have a
moisture content sufficient to obtain the required compaction. Such
moisture shall be uniformly distributed throughout the material.
302-5 Asphalt Concrete Pavement
1. Asphalt concrete pavement for the areas in the streets adjacent to
gutters may be placed either by hand spreading or by tractor with
spreader bar, luted to grade, and rolled. The finished surfaces
shall be smooth and uniform, and shall drain the street toward the
flowlines.
2. Asphalt concrete pavement for the areas of the driveways behind
the back of new sidewalks shall be placed as provided in (1.)
above, including those areas on private property. Redwood
headers shall be furnished and Installed along each side of
driveways from the back of sidewalk to the join edges of existing
driveways per Section 302-5.4.
3. All asphalt concrete pavement shall be minimum of 2" thickness,
compacted in place.
4. Prime, tack, and seal coats will be required to be applied in
accordance with the Standard Specifications.
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303-v
Portland Cement Concrete
Portland Cement Concrete may be furnished to meet the requirements
of Section 400 and these Special Provisions, in lieu of the previously
specified class.
For 2500 class concrete, a prequalified mix design may be used in
accordance with the provisions of ACl 318-71, Section 4.2.2.1, In which
fc = 2500 psi.
The sodium sulphate loss requirement and the gradation x-value
submittal required of Section 400-1.3.1 may be waived by the
Engineer.
The cement type requirement, Section 201-1.2.1, shall be Type 11 or V
cement shall conform to ASTMC 150 and the low alkali requirements
of Table IA therein.
The cleanness Value requirement of Section 200-1.4 shall be replaced
with the following:
Tests Test Method No. Re uirements
Cleanness Value Califomia 227
Individual Test 70 Min.*
Moving Average 75 Min.*
The Sand Equivalent requirement of Section 200-1.5.3 shall be
replaced with the following:
Tests Test Method No. Requirements
Sand Equivalent Califomia 217
Individual Test 70 Min.*
Moving Average 75 Min.*
* For 2500 or less class concrete, except concrete pavement, a
minimum 65 Individual Test Result and a minimum 70 Moving
Average will be acceptable if 2500 psi 28-day strength criteria of
Section 201-1.1.4 are met, at a 6-inch slump or greater
Evaluation of Sand Equivalent and Cleanness Value results shall
conform to the provisions of Subsection 400-1.4.
308-2.4 Finish Gradin
Finish grading of the area between the back of sidewalk and the right-
of-way line shall be performed as specified, except no fertilizing or
conditioning will be required.
312-5.1 Water Valve Boxes
Existing water valve boxes will be removed and replaced with new
boxes and lids, in accordance with Huntington Beach Standard Plans.
The City will furnish the new boxes and lids to contractor for
installation. After removal of old boxes the contractor shall contact the
City Water Division to pick up the old boxes and lids, not broken or
damaged, for recycling. All broken or damaged boxes and lids shall
be disposed of by contractor.
Water Meter Adjustment to Grade
Existing water meter shall be adjusted to grade by the contractor in a
manner to leave the tops flush with the new sidewalk surfaces.
Examination of Premises
Each contractor, by submission of a bid shall be held responsible to
have visited the site and to have determined for himself all the existing
conditions and limitations which may affect the work specified to be
performed. Each contractor submitting a bid will be held responsible
to determine all quantities of the total work.
Payment -General
1. Payment for the furnishing of all labor, materials, and equipment
necessary to perform all work described or referred to herein at the
locations indicated on the plans shall be made at the contract unit
prices bid for the items listed on the Proposal, and no additional
compensation will be allowed. Compensation for items of work
described but not listed on the Proposal, will be considered to be
included in the prices for the listed items.
27
DRIVEWAY DESIGN
AND
INSPECTION
Driveway design - The following shall apply to driveway design:
1. Minimum width shall be ten (10) feet.
2. Concrete shall have a minimum thickness of four (4) inches.
Inspector May require string line to be pulled across to measure in field.
2 x 4 forms must be elevated 1/2 inch above grade to achieve true 4%
3. Provide an expansion joint at public walk and at garage or carport slab.
Felt strip @ end.
Brick inlay @ end.
4. Provide contraction joints at approximately ten (10) feet intervals.
Saw cuts.
Plastic zip strip inlay joints.
Brick inlay.
5. Finish - provide smooth finish surface true to cross section and grade.
Cure concrete by keeping moist for a period of three (3) days.
Water down daily or keep covered with wet sacks or tarps.
Inspections by authorized representative Engineer.
First inspection - Slab and form inspection with felt joints hung or onsite.
Second inspection - Final Inspection. Contraction joints and site cleanup.
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b � 1680
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SHEET 1 OF 2 SHEETS
• CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: THE RECONSTRUCTION AND IMPROVEMENT OF
J DEPARTMENT OF PUBLIC WORKS VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA MSC-381
BIDS OPENED FEBRUARY 29, 1296
ENGINEERS ESTIMATE $750,000 CC NO AHFP NO
BIDDERS
EXCEL PAVING •.
KOVAC, INC.
NOBEST
HILLCREST
CONTRACTING
NO
ITEMS OF WORK
QUANTITY
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
1
REMOVE A DISPOSE OF PARKWAY TREES
266
EA
165.00
43.890.00
155.00
41230.00
163.OD
43,358.00
180.00
47.890.00
2
FURNISH 6 INSTALL ROOT BARRIER
313
EA
05.00
20,605.00
00.00
25.040.00
110.00
34,430.00
97.00
30,361.00
3
REMOVE d DISPOSE OF P.C.C. CURB 8 GUTTER
18,030
L.F.
3.75
57.642.50
&so
99.209.00
4.30
77.%3.40
320
$7.721.60
4
REMOVE d DISPOSE OF P.C.C. DRIVEWAY
49.566
S.F.
1.00
49,568.00
1.00
49.568.00
1.30
64,438.40
1.15
57,003.20
5
REMOVE 5 DISPOSE OF P.C.C. SIDEWALK
49.129
S.F.
.70
34,390.30
1.00
49,129.D0
.85
41.759.65
.70
37.938.04
6
REMOVE 8 DISPOSE OF ASPHALT OONCRETE
27.007
S.F.
1.00
27,007.00
1.00
27.007.00
1.30
$5.109.10
.80
21.605.60
7
CONSTRUCT P.C.C. CURB R GUTTER
10.038
L.F.
8.50
153,323.00
7.50
135.285.00
9.15
165.047,70
11.80
212.848.40
8
CONSTRUCT P.C.C. DRIVEWAY
49.50
S.F.
2.30
114,OD8.40
2.0D
99.136.00
220
109.049.60
3.30
163,574.40
9
CONSTRUCT P.C.C. SIDEWALK
49.129
S.F.
1.60
7806.40
1.50
73,693.00
1.75
85.975.75
2.50
122.822.50
10
FURNISH 6 PLACE ASPHALT CONCRETE ADJ TO GUTTER
729
TON
56.00
42,282.00
80.00
58,320.00
79.00
57.591.00
69.00
60.901.00
11
REMOVE EXISTING CURB RETURN
7.772
S.F.
.00
6217.60
1.00
7.772.00
1.30
10.103,60
.78
6,D62.16
12
REMOVE EXISTING CROSS GUTTER
2.973
S.F.
1.00
2.973.00
3.00
8.910.00
2.20
6.540.00
1.42
4,221.66
13
CONSTRUCT CURB RETURN WAVHEEL CHAIR RAMP
11
EA
900.00
9,900.00
850.00
9,3SO.00
9S0.00
10.4$0.00
1,460.00
16.060.00
14
CONSTRUCT CROSS GUTTER i
2,973
S.F.
4.00
11,892.00 1
0.00
17,836.00
4.40
13,081,20
3.40
10.108.20
15
REMOVE EXISTING AND INSTALL NEW CITY FURNISHED
WATER METER BOXES
313
EA
$5.00
17215.00
40.00
12,520.00
20.00
6.280.00
2120
0.635.60
16
REMOVE EXISTING MATERIAL GRADING
67.657
1 S.F.
.10
6,765.70
.30
20297.10
.30
20297.10
.65
43.977.05
TOTALS
ss;2,28J.90
$734,313.10
1
1 s781,05S.10
1
1 $888.520.41
610.55
SHEET 2 OF 2 SHEETS
• CITY OF HUNTINGTON BEACH, CALIF. B i D SUMMARY SHEET FOR: TI'{£ RECONSTRUCTION AND IMPROVEMENT OF
J. �4 DEPARTMENT OF PUBLIC WORKS VARIOUS LOCAL STREETS IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA MSC-381
BIDS OPENED FEBRUARY 29, 4996
ENGINEERS ESTIMATE $750,000 CC NO AHFP NO
BIDDERS
GRIFFITH
COMPANY
DAMON
CONSTRUCTION
ITEMS OF WORK
OUANM
UNIT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
1
REMOVE S DISPOSE OF PARKWAY TREES
266
EA
180.00
47,880.00
210.00
55.860.00
2
FURNISH 3 INSTALL ROOT BARRIER
313
EA
85.00
26.605.00
105.00
32,865.00
3
REMOVE 6 DISPOSE OF P.C.C. CURB S GLITTER
18,038
LF.
6.20
111.83S.60
8.00
144.304.D0
4
REMOVE 5 DISPOSE OF P.C.G. DRIVEWAY
49.568
S.F.
1.20
59,481,W
1.25
51.960.00
5
REMOVE 6 DISPOSE OF P.C.C. SIDEWALK
49,129
S.F.
.75
36.846.75
1.25
61,411.2S
6
REMOVE 3 DISPOSE OF ASPHALT CONCRETE
27.007
S.F.
.50
13.503.50
1.00
27,007.D0
7
CONSTRUCT P.C.C. CURB S GUTTER
19,D38
LF.
12.00
216,456.D0
13.00
234.494.00
8
CONSTRUCT P.C.C. DRIVEWAY
49.568
S.F.
3,00
148.704.00
2.10
104,D92.60
9
CONSTRUCT P.C.C. SIDEWALK
49.129
S.F.
2.00
98-8.p0
2.10
103.170.90
10
FURNISH 8 PLACE ASPHALT CONCRETE ADJ TO GUTTER
729
TON
80,00
58.320.00
90.00
65.610.00
11
REMOVE EXISTING CURB RETURN
7772
S.F.
1.30
10.103.60
1.50
11,658,00
12
REMOVE EXISTING CROSS GUTTER
2.973
S.F.
3.50
10.405.50
2.50
7,432.50
13
CONSTRUCT CURB RETURN WAMHEEL CHAIR RAMP
11 I
EA
900.00
9.900.00
1.000.00
11,000.00
14
CONSTRUCT CROSS GUTTER
2.973
S.F.
5,75
17.094.75
5.00
14,865.00
15
REMOVE EXISTING AND INSTALL NEW CITY FURNISHED
WATER METER BOXES
313
EA
35.00
10.955.D0
50.00
15.650.00
16
REMOVE EXISTING MATERIAL GRADING
67,657
S.F.
30
20,297.10
.10
8,765.W
TOTALS
I
I f896,646.40
S968,146.45
y
PAP, INC. DSA
BID PROPOSAL FROM FyffL PAVING COMPANY
Firms Name
To the Honorable Mayor and City Council, City of Huntington Beach, California:
In compliance with the notice inviting sealed proposals for the reconstruction
and improvement of Port Circle, Bushard Street, Cove Circle, Moontide Circle,
Nautilus Drive, Marina Lane, Adams Service Road in District #445, Culpepper
Circle in District 158, Howland Lane in District 159, Lydia Drive in District
269, Medford Drive in District 138, Littler Drive in District 157, Bosun Circle
in District 434 and Gentry Lane in'District 158 - M.S.C. 381.
I hereby propose and agree to enter into a contract to perform the work herein
described and to furnish the materials for the said work and to the satisfaction
of and under the supervision of the Director of Public Works of said City of
Huntington Beach, California.
The undersigned has not accepted any bid from any subcontractor or materialman
through any bid depository, the by-laws, rules or regulations of which prohibit
or prevent the contractor form considering any bid from any subcontractor or
materialman which is not processed through said bid depository, or which prevent
any subcontractor or materialman from bidding to any contractor who does not sue
the facilities of or accept bids from or through such bid despository.
For the furnishing of all labor, materials and equipment, and or all incidental
work ;necessary to deliver all the improvements complete in place in strict
conformity with the City of :,6untington Beach, California, I propose and agree to
take full payment therefore at the following unit prices, to wit:
ITEM
APPROXIMATE
ITEM WITH UNIT PRICE
UNIT
NO.
QUANTITY
WRITTEN IN WORDS
PRICE`
TOTAL
1
266 EA.
REMOVE AND DISPOSE OF ARKWAY TREES
AT C�?/ 1lynck,11Sir& ✓t PER EA.
/�S o�
43" 690,2
2
313 EA.
FURNISH 2NDiiNSTAPL ROOT BARRIER
•
AT L04v4f-ir[ 011a"s PER EA.
6�5 el
�6' dos ou
3
18,038 L.F.
REMOVE AND DISPOSE OF P. Cf CURB AND
`
S,
GUTTER AT !/I C��/4,4 S- - y-VePER L. F.
g 1 Zlex
67, , �12
f�1
4
49,568 S.F.
REMOVE AND DISPOSE OF P.C.C. DRIVEWAY
AT �ttt �o//Ar r PER S.F.
y
5
49,129 S.F.
REMOVE AND DISPOSE OF P.C.C. SIDEWALK
J
AT� 5�✓[.2 rz7�5 _ PER S.F.
040
6
27,007 S.F.
REMOVE AND T)ISPOSE OF ASPHALT CONCRETE
l
AT O/lt Gyo//af PER S.F.
/
18,038 L.F.
CONSTRUCT P.C.C. AND GUTTER
ij
AT ��q4� tfo/�a/s �i T e.,,? 5 PER L.F.
54D
f 53, 323r,"�
P-1
It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely
fc; :ho purpose of facilitating the comparison of bids and that the contractor's compensation will be computed
upon the basis of the actual quantities in the completed work, whether they be more or less than those shown
herein at the unit prices bid in the proposal schedule.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds
within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California.
The undersigned understands the contract time limit allotted for the contract is 240 calendar days.
The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and
the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder
has investigated and Is satisfied as to the conditions to be encountered, as to the character, quality, and scope
of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal,
plans, specifications, and the contract.
Accompanying this proposal Is Q:)-CACL ($ 17EF3 FERCIF Q�
NOTICE: Insert the words 'Cash,' 'Certified Check,* or 'Bidder's Bond,' as the case may be, in an amount
equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach.
The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited
to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the
undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the
form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within
10 days after the bidder has received written notice of the award of the contract; otherwise said security shall
be returned to the undersigned.
Licensed in accordance with an act providing for the registration of contract License No. STATE L1C. 688659
C.F. Fro:~ra Pt��`�at
2230 Lsmon Avenue Signature of Bidder
Business Address I -Mr Bch. C21.f'0+'sZ'?: 90�0
22M Lernen Avnum
Place of Residence �,gya-lGh,
Dated this day of=er''���ez �( , 19
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
L)N-
P-3
State bf CALIFORNIA
County Of LOS ANGELES
0n•-7 PL - 1� , before me,Celeste A. Graham, Notary Publi
-MATE] INAMEJTITLE OF OFFICER�.e.-LANE DOE, NOTARY PU6UC-1
personally appeared Palp Inc. DBA Excel Paving Company
PIAMEISI OF SIGNERISII
by C.P. Brown President
0 personally known to me -OR- ❑
CELESTE A. GRAHAM
�; ,.
>
v
Notary Public - COMOm10 In
MY COMMISSION
LOS ANGELES COUNTY
ExpiftE5 lULY 30, 1997
(SEAL)
�roved to me on the
asis of satisfactory
evidence to be the
person(s) whose names)
Is/are subscribed to the
within instrument and
acknowledged to me that
he/she/they executed the
same in his/her/their
authorized capacity(ieslr
and that bar 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
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 of DocurlarR
Numb" of Pages Date of Document
Signer(sl Other Than Named Above
RIGHT THUMBPRINT IOptioneq
>r
CAPACITY CLAIMED BY SIONER(S)
DINDIV1DUAMS)
❑CORPORATE
OFFICER(Sl
III MEN
OPARTNERIS) OLIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEEISI
OGUARDIANICONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Nsrms of Personlel or Entityries)
RIGHT THUMBPRINT (Optioneq
CAPACITY CLAIMED BY SIGNERIS)
0INDIVIDUALI51
{]CORPORATE
OFFICERISI
mnrsl
OPARTNERNSI OLIMrTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEEI51
OGUARDIANICONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
INsme of Person(s) or Entity(ism)
•
INOLCOTTS FORM $3210 Rev. 3•os 4wica Hatt l-2A1 4D1994 1NOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONITWO FINGERPRINTS ,
7 I11167775"632401111 a
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be attached if necessary.
PALP, INC. DBA
1. Firm Name: EXCEL PAVING COM
30 Lemon Avenge
2. Address: Long Beach, Caiifomin 22?n5 3. Telephone: (BIZ; ,�3' lI
4. Type of firm -individual, partnership, or corporation, CORPORATION
5. Corporation organized under the laws of the State of: CALIFORNIA
6. Contractors License Number: r-TATE LIC. 688659 A
7. List the names and addresses of all members of the firm or names and titles of all officers of the
corporation:
8. Number of years experience as a contractor in street sweeping work: 1 LL.I -eaC4_
9. List at least six projects completed or currently under contract as of recent date:
CONTRACT
AMOUNT
CLASS OF
WORK
DATE
COMPLETED OR
CONTRACT DURATION
REFERENCES
NAME, ADDRESS & PHONE NUMBER OF OWNER
SEE ATTACHED
I
10. List the name of the person who inspected the sites of the proposed work for your
firm: Cv
11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data,
or other information and references sufficiently comprehensive to permit an appraisal of his
current financial condition.
P-4
• DESIGNATION OF SUBCONTRACTORS
In compliance with the 'Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of
the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each subcontractor who will perform work
on labor or render service to the prime contractor in or about the construction of the work or
improvement in an amount in excess of one-half (112) of one percent (1%) of the prime contractors
total bid, and shall further set forth the portion of the work which will be done by each subcontractor.
Only one subcontractor for each portion shall be listed.
if the contractor fails to specify a subcontractor for any portion of the work to be performed under the
contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the
original bid shall only be permitted in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner.
PORTION
OF WORK
SUBCONTRACTOR'S NAME AND ADDRESS
STATE LICENSE
NUMBER
CLASS
re .
KP40 J5
1 '�
_5Teveii 5 / r!e SeY✓/-Ge-
�.-��or�K-
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is covered in the above
subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by
subcontractor for this project.
P-5
EXCEL
PAVING COMPANY
A GENERAL ENGINEERING CONTRACTOR
STATE LICENSE NO. = 688659 "A"
C. P. BROWN - 33 years experience working for other general
contractors with the past 16 years being self-
employed in own general engineering contracting
business.
P.O. BOX 16405
LONG BEACH, CA 90806-5195
(310) 599-5841
1
EXCEL PAVING COMPANY P.O. BOX 16405
A GENERAL ENGINEERING CONTRACTOR LONG BEACH. CA 90806-5195
STATE LICENSE NO. JEBffiffi (310) 599-5841
688659 "A"
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF B ARB-67-UYREZT HAliEU=En-
OF
PALP, INC.
A CALIFORNIA CORPORATION
THE UNDERSIGNED, CURTIS P. BROWN, AS THE SOLE SHARE-
HOLDER AND THE SOLE MEMBER OF THE BOARD OF DIRECTORS OF
PALP, INC., A CORPORATION ORGANIZED UNDER THE GENERAL COR-
PORATON LAW OF CALIFORNIA, DOES BY THIS WRITTEN CONSENT TAKE
THE FOLLOWING ACTION AND ADOPT THE FOLLOWING RESOLUTIONS:
Whereas, Corporation entered into a Stock Purchase
Agreement dated December 16, 1993, which provided for the
purchase of partnership interests held in Excel Paving
Company, a General Partnership (the 'Partnership'),
comprised of YAK Corporation and PALP, Inc.,
Whereas, notice has been received by the Partnership
that YAK Corporation desires to withdraw from Excel Paving
Company and have its interest acquired pursuant to the terms
of the aforedescribed Stock Purchase Agreement;
Now, therefore be.it resolved, that the officers of
Corporation are hereby'authorized and directed to take any
and all steps necessary to effect the terms of the Stock
Purchase Agreement;
Resolved further, that the officers of Corporation are
authorized and directed effective January 1, 1996 to continue
all construction operations of the Partnership and to file a
fictitious business name for Corporation under the name of
Excel Paving Company;
Resolved further, that the officers are authorized and
directed to take all steps necessary to authorize corporation
to continue said operations including procuring the necessary
insurance and workers compensation coverages and all other
documents necessary in order for Corporation to continue
operations and the business of general engineering and
contracting pertaining to the construction of roadway,
streets and highways;
Resolved further, that the officers of Corporation are
directed to cause to be prepared an Agency Agreement, which
Agency agreement shall provide for Corporation to assume and
satisfy the contractual obligations of the Partnership
pending completion of all existing Partnership contracts con-
templated to be completed on or before November 30, 1996;
Resolved further that upon the determination of the
amounts due and payable to YAK Corporation, pursuant to the
terms of the Stock Purchase Agreement, that the officers of
the Corporation are authorized to enter into any and all
purchase documentation executing all notes or any other
documents necessary to facilitate the purchase of YAK's
interest in Excel Paring Company, a California General
Partnership.
Resolved further, that the following officers of
Corporation are hereby elected to serve in the offices set
forth after their respective names effective as of execution
hereof with their respective terms to continue until their
successors are duly elected and qualified:
Curtis P. grown
Curtis P. Brown, III
Carolyn J. Brown
Michele E. Drakulich
George R. McRae
.Candus M. Stewart
President and Chief
Financial Officer
Vice President
Secretary
Assistant Secretary
Senior Vice President
Assistant Secretary
This consent is executed pursuant to Sections 307(b) and
603 of the Corporations Code of the State of California and
the By -Lars of this corporation, which authorize the taking
of action by the Board of Directors and Shareholders by
unanimous consent without a meeting.
Dated: December 1, 1995
CURTIS P. BROWN9 SHAREHOLDER
and Sole Director
EXCEL PAVING COMPANY
A GENERAL ENGINEERING CONTRACTOR
STATEUCENSENO. 688659 "A"
REFERENCE LIST AS OF 02/95
1. CITY OF LONG BEACH
333 W. Ocean Blvd.
Long Beach, CA. 90802
Larry Kayes, Inspection
310/570-6771
2. BURBANK-GLENDALE-PASADENA AIRPORT
2627 Hollywood Way
Burbank, CA. 91505
Dan Feger, P.E.
818/840-9456 or 818/840-8840
3. L.A. COUNTY PUBLIC WORKS DEPT.
900 So. Fremont Ave.
Alhambra, CA. 91803-1331
Ron Price, Construction Division
818/458-3100
P.O. BOX 16405
LONG BEACH, CA 90806.5195
(31Q 599,B41
EXCEL PAVING COMPANY P.O.' Box 16405
A GENERAL. ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195
STATE LICENSE NOS {316599-5841
688659 "A"
Bonding Agent: Douglas A. Rapp
Rapp Suretey Services
23461 South Pointe Drive
Suite 345
Laguna Hills CA 92653
800 457-1060
Surety: Federal Insurance Company
P.O. Box 1615
Marren NJ 07061-1615
f EXCEL PAVING COMPANY
STATEMENT OF EXPERIENCE
AGENCY OR OWNER PROJECT LOCATION TYPE OF WORK S AMOUNT -COMPLETE
■rrrrrsssswssasraaaaass■aao assaaraarsarsssae:aaa■assaataarrrrsrsssaurassrtaraaaaaarrsa:asarratasraar a ssaraaaassstsaaa■
LEVER BROTHERS
6300 E. SHEILA ST., COMIiERCE
OIL TREATMENT 6 DUST CONTROL
6.970
12/90
HOME BANK
1217 N. CATALINA. RED. BEACH
SEAL S STRIPE
2.8t0
01/91
BOWERS TRACTOR SERVICE, INC.
1300 S. BEACH. LA HABRA
AC TRENCH PATCH
2,4170
11/90
L.B. COMM. COLLEGE DIST.
ALAMEDA 6 HAY.AVE., LB
PARKING LOT CONSTRUCTION
74.400
01/91
CBE DISTRf6UTfON
ZZ25 MINER ST., SAN PEDRO
AC RAMPS TO SCALE
t.80O
Iz/90
HUNTER CORP.
79ABUCO CANYON SEWER TRTMEHI
AC PATCHING
600
01/91
JOHN MALLOY
CRISWALO ST.. SAN FERNANDO
AC PATCHING
3,900
12/90
POMONA VALLEY EQUIP.
2010 W. 7TH ST.. LONC. BEACH
AC TRENCH PATCHING
13.824
12/90
RICHARD LANE
11101 HENDRY. 6 111TH. EA
1REHCH PATCH
1.58i
02/qt
C/O HIDDEN HILLS
5151 ROUND MEADOW, CALABASAS
SIIRPING
2,520
03/91
SfC!.CA r,:1'fffC
F.1:FR/.NK A!"flCr
l9f'1Clf PATCH
I,6r;7
OT/91
CITY Of LO5 ANGELL%
VAN lks" bIVG.
511:fL'. I.If`I:UVE:ILHIl-
54.2u1
05/YI
DINWIDDIE COSTT. CO.
1200 GETTY CENTER DR., LA
CLEANING, GRADING. STRUCTUI-E
113. M
01/91
ELMORE PIPE JACKING
LAX -BEHIND TAXI rKG.. LA
AC PATCH
1,600
O1/91
J.W. STEPHENS EtEC.
6100 WOODLEY AVE.. VAN NUYS
STREET 111PROVEMCNTS
1.650
02/91
KAJIMA INTERNATIONAL. INC.
201 CENTRE PLAZA DR., MONT. PARK
TEMPORARY ACCESS ROAD
11.774
01/91
CALIF. STATE UNIV. DOM HILLS
1000 E. VICTORIA ST.. CARSON
CONCRETE SUS PAD
27.453
05/9t
RAWLINGS MECHANICAL CORP.
tAPHAH ST., Et SEGUNDO
TRENCH PATCH
2,000
03/91
DINWIDf11E CONST. CO.
1200 GF11Y CENTER DR.. L.A.
ROAD CONSTRUCTION
0.872
05/91
ADVANCED MECHANICAL
CHEVRON RET.. EL SEGUNDO
IRENCH PA1C11
1.75)
01/'11
CARNEY BRFOTHERS. INC.
1200 VISTA DEL MAR, L.A.
PAVE TRENCH
12,604
03/gl
RAYMOND DOLLAR
1919 SANTA MONICA BLVD.
A.C. PATCH
7.240
05/91
SINCLAIR CORP.
PRINCESS 6 14 FWY. NEWHALL
A.C. PATCH
2.275
05/91
SINCLAIR CORP.
7TH ST. 6 BELLFLOWER, L.B.
A.G. PATCH
2.375
05/9,
OURS/GLEN/PASA AIRPORT AUTH.
2627 HOLLYWOOD WAY, BURBANK
A.C. PAYING
26,942
05/91
AMERICAN LANDSCAPE
CULVER e MADISON. CULVER CITY
PARKING LOT
107.750
10/91
CITY OF REDONDO BEACH
AVE. G 6 PCH. RED. BEACH
STREET CONSTRUCTION
99.969
08/91
ADVANCED MECHANICAL
3855 LAKEWOOD BLVD.. L.B.
TRENCH PATCH
850
05/91
SHEA TAYLOR
LAX - BRADLEY TERMINAL
MISC. A.C. PATCH
2.000
07/91
JOMM MALLOY
EUCLID S VARIOUS. FULLERTON
TRENCH PAVE
31,400
06/91
CITY OF SIMI VALLEY
SYCAMORE 6 ROYAL
STREET REHASILITATION
96.974
07/91
SCHULTZ MECHANICAL
223RD 6 WILMINGTON, CARSON
TRENCH PAVE
1,982
07/91
MCC CONSTRUCTION
2531 E. 67TH ST.. M.L.B.
A.C. PATCH
I,700
05/91
ADVANCED MECHANICAL
324 W. EL SEGUNDO BLVD., E.S.
A.C. PATCH
2,600
05/91
JPL
ROAD "A"
RESURFACE 6 SEAL
13,218
10/91
TMUHS LONG. BEACH
PIER 'G"
A.C. PATCH
l.gOO
07/gl
RAWLINGS MECHANICAL
of NORTHROP AVE.. HAWTHORNE
TRLNCH PATCH
3,003
07/93
BILL ROGERS
ORANGE AVE., SIGNAL HILL
FINE GRADE AND A.C. PAVE
2,315
07/91
L.A. CO. PUB. WORKS
PCH. HARBOR CITY
RETAINING WALL
68.869
08/91
ELKS LODGE
4101 E. WILLOW ST., LONG BEACH
INSTALL RIGHT TURN LANE
40,128
08/91
CITY OF LOS ANGELES
SOTO ST. 6 6TH ST., L.A.
TUNNEL CLOSURE
18.369
08/91
HOMES INTEREST
601 $0. FIGUEROA ST.. L.A.
STREET RESURFACE
17,950
06/91
CALTRANS
FAIRFAX AVE. 6 10 FWY., L.A.
PARKING LOT
60.713
11/91
CALIF. FAIRS FINANC. AUTH.
B6 FAIR DRIVE, COSTA MESA
A.C. PATCHING i RESURFACING
96,669
07/91
CONVERSE ENVIRONMENTAL
1780 CLARK ST., LONG BEACH
TRENCH PATCHING
920
07/91
L.A. CO. SANT. DIST.
VARIOUS LOCATIONS. TORRANCE
STREET PATCHING
4■500
07/91
SCHULTZ MECHANICAL
CHEVRON. El SEGUNDO
FINE GRADE i A.C. PAVE
27.181
07/91
PECK/JONES
MORTHPOINT, HOWARD HUGHES CNTR
STREET IMPROVEMENTS
32,400
12/91
...SILVER -SPUR ASSOCIATES ...700-SILVER
SPUR,•PALOS-IIERDES.»..--A.C..PATCH—..----.--
'riOO—OT/97-.�
LEVER BROS.
63" E. SHEILA ST., L.A. .
A.C. REMOVALS i REPLACE.
64,471
09/91
BURBANK AIRPORT
2627 HOLL"1000 WAY, BURBANK
A.C. PATCH
3,000
08/91
PECK/JOKES
WILSHIRE 6 ROOEO, B.H.
A.C. PATCHING
10.000
08/91
CHEMICAL WASTE MANAGEMENI
11559 NORMANDIE. L.A.
A.C. SPEED BUMP
1,500
08/91
'
LACLI. I'AV u... ..0L11'Alr.
4
STATEMENT OF EXPERIENCE
%-.
.A GENCY iR�OWNER
PROJECT ROGATION
TYPE 4F WORK
lI 'AMOUNT.-
COMPLETE
•sssassevssssssoosasssssusaassossa
.... ssores..wsssasaoasossas■a.........ssaasssasss.■...■.ssaa.ssas.s.wewsswsssas.oss
C:O.I. rt;CTRIC. INC.
N1 NORTHRUP AVE. 14AWTHORNE
A/C PATCHING
1,390
08/91
GCt CONSTRUCTION
FIRESTONE CENTER. NORWALK
A/C PATCHING
1,65o
O8/91
FLUOR DANIEL, INC.
UNOCAL. WILMINGTON
A/C TRENCH PATCHING
16.000
10/91
JPL
4800 OAKGROVE. PASADENA
A/C RESURFACE
5.984
08/91
BELLAMARINE-JEFFERSON H.S.
A/C PATCHING
PARKING LOT IMPROVEMENTS
7,800
08/91
ARe. INC.
1022 E. SEPULVEDA. CARSON
BASE a 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. P AVE. 26. L.A.
A/C PAVE
7.007
10/91
LBUSD
BARTON ELEMEHiARY
PLYGRNU RESURF. 6 CONC. FENCE
284.568
11/91
E S R ELECTRICAL
9TH 6 HARBOR FWY. L.A.
TRENCH PATCH
7.000
09/91
MOBIL OIL CO.
3700 W. 190TH, TORRANCE
A.C. PAVE
5.145
09/111
JENKIN CONSTRUCTION CO.
LAMBERT 6 PUENTE. BREA
TRENCH PATCH
7.000
o9/91
S..2117OH'F Cnr1S:rncl:al
SAi fORe:r.l• Ailllltlnl: F. P.V
TI:1I-cil PAYE
1.767
nq/al
CITY OF CORONA
CUTA 51. 6' i4i.RATH DRIVE
SIIL A V(LVI•llllll PItdjLCI
IyU.643
12/4l
BCI
PROSPLCT 6 SERVE, RED. BEACH
IREIICH PATCH
2.000
09/91
G.L. WILKINS, INC.
19234 SATICOY ST.. RESEDA
TRENCH PAVE
1.590
09/91
ARMSIRONG REFINERY
SO17 PATATA ST.. SOUTH GATE
PARKINC. 101 PAVE
7,406
O4/91
UNOCAL
IbbO W. ANAHEIM
GRADE 6 AC PAVE
13.488
09/91
L.A. CO. SARI. DIST.
4125 W. VALLEY BLVD.. WALNUT
GRADE 6 CAVE
224.647
11/91
RAWLINGS MECHANICAL
1 NORTHRUP AVE., HAWTHORNE
TRfHCH PATCH
2,000
10/91
COIIr.EY COFIPANILS
2627 HOLLYWOOD WAY. f"IRPEFlr,
IAxllltY DRIvt
16.104
I1/91
ADVANCED MECHANICAL
BUSCH. VAII NUYS
1RLIFCH PAVE
4,200
11/91
ADVANCED MECHANICAL
CHEVRON USA, EL SEGUNDO
TRENCH PAVE
800
10/91
L.A. CO. SANT. DIST.
WORKMAN MILL ROAD. WHITTIER
CONCRETE STORAGE PAD
16,169
01/92
SHEA TAYLOR
IMPERIAL 6 VISTA DEL MAR. L.A.
ROADWAY PAVE
3.500
10/91
L.A. DEPT. OF AIRPORTS
TAXIWAY 'F'. LAX
PETROIIAT
14.832
11/91
608 HILL CRANE
201 S0. LAKE ST.. PASADENA
TRENCH PATCH
500
11/91
ADVANCO CONST.
DIVISION/BEHNETT, L.B.
ALLEY RECONSTRUCTION
17,516
12/91
JENKIN CONST.
2650 LIME AVE.. L.B.
PARKING LOT PAVE
2,166
11/91
CITY OF CYPRESS
CEDAR GLEN PARK
PARKING LOT REPAVE
21,905
03/92
JERKIN CONST.
CHEVRON REFINERY, EL SEGUNDO
TRENCH PATCH
5,640
11/91
CMR CONST., INC.
14IRA14AR SHERATON HOTEL, S.M.
STORM DRAIN SYSTEM
14.280
11/91
RANCHO PALOS VERDES
NARCISSA S SWEET BAT DR.
ROAD REPAIR
2,760
I1/91
BRIAN DONALDSON
2201 WILLOW ST., LONG BEACH
PARKtNG LOT PAVE
3.600
11/91
THUMS LONG BEACH
PIER J DRILL S17E
TRENCH PAYE
2,628
11/51
THUMS LONG BEACH
ISLAND C14AFFEE
TRENCH PAVE
20,000
01/92
THE P.Q. CORPORATION
8401 QUARTZ AVE., SO. GATE
RECONSTRUCT ROADWAY
23,278
12/91
WEST CENTURY 1n,
'171n-12-.14 It. CENTURY. INGLEIFOnp
STORII DRAIN
2.100
17/ql
MLRON ELECTRIC
1.000 OAK GROVE OR.. PASADENA
TRENCH PAVL
1095b
01/92
CITY OF INDUSTRY
PHOENIX DR. 6 ROBIN WAY
A.C. OVERLAY ST.
24.544
01/92
JKB CONST. CO.
3272-3280 MOTOR AVE.. L.A.
STREET IMPROVEMENT
38,028
12/91
PREFERRED PUBLIC STORAGE
5351 JURUPA ST., 014TARIO
SITE DAMAGE REPAIR
27,253
12/91
LONG BEACH COMH. COLLEGE
CLARK 6 CARSON, LONG BEACH
SEAL L STRIPE
12,500
01/92
LAKEWOOD BATTING CAGES
3901 PARAMOUNT BLVD., LAKEWOOD
SEAL 6 STRIPE
2,310
01/92
RANDLE ENTERPRISES
1512 W. 77H ST., LONG BEACH
TRENCH PATCH
7,500
01/92
JOHN HOPPS
1678 TORRANCE BLVD.
SEAL [ 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
CORE DEVELOPMENT
ORANGEWOOD CMILDREN'S HOME'
AC PATCH
1,485
01/92
SCHULTZ MECHANICAL
WOOLSEY CANYON 90. - CHATSWORTH
POTHOLE PATCHING
3,480
01/92
RAWLINGS MECHANICAL ...
01 NORTHRUP AVE... WIWTHORNE .....
..TRENCH PAVE--.. -
MOFFMAN ELECTRIC
12723 E. 166TH, CERRITOS
TRENCH PATCH
5.950•
02/92
GENERAL CONSTRUCTION
BERTH 910 SAN PEDRO
TRENCH PATCH
800
02/92
CALEX ENGINEERING
3700 E. SOUTH ST., LAKEWOOD
MISCELLANEOUS PAYING
1,993
0./92
FLOUR DANIEL
UNOCAL REFINERY, WILMINGTON
A.C. PATCH
41500
04/92
HOFFMAN ELECTRIC
PCH i MAIN ST., HUNT. BEACH
TRENCH PATCH
1,700
02/92
CETTY TRUST
138 PALISADES, SANTA MOMICA
TRENCH PAVE
825
04/92
SO. PACIFIC TRANSP. CO.
2850 KERR ST., L.A.
ROAD REPAIR
4,138
03/92
EXCEL PAVING COMPANY
`
STATEMENT OF EXPERIENCE
.ENCY ORsOWNER
PROJECT LOCATION
TYPE OF WORK
S' AMOUNT'
.COMPLETE
srrsisessMisrasrssrrasswoos rs■rsrassaisraisssss:■rsarss■srsssasasesaaso
rsresissu sssissaassaasauu
ssseasiassstssasesa
ffHAN ELECTRfC
L.B. NAYAL SHIYPYARD
TRENCH PATCH
893
02/92
RLEY CONST. CO.
CANOGA Q OXNARD, L.A.
TRENCH PATCH
1.125
03/92
ERICAN AIRLINES
7000 WORLD WAY WEST. L.A.
PCC PAVE
15.155
04/92
T PROPULSION LABORATORY
4800 OAK GROVE, PASADENA
TRENCH PATCH
1*260
03/92
LIHBING SYSTEMS INC.
21ST ST. Q CHERRY AVE., S.H.
TRENCH PATCH
BOO
03/92
d. STEPHENSON
PIER F/BERTH 206, LONG BEACH
SITE PAVE
5,122
03/92
HITOMO BANK OF CALIF.
11.145 CLY14PIC BLVD., L.A.
PATCH, SEAL 6 STRIPE
5.429
04/92
LLIAM ROGERS
I23O E. SECOND ST.. L.B.
PARKING LOT
5.205
04/92
D CORPORATION
NEECE 6 42ND ST.. TORRANCE
RECONSTRUCT ROAD
14.713
04/92
itAititlfiftR#R!R!!lAtxflttlfitlttlttkttllf!!t!!!lAAAt!!!itxAtt!!t!ltRtttttf!lfffefltlitttfltt!lttil!!i!lxtxtttltifitt!#t##AARlkf!!!i
FA;:. I JOa 1901 LIST 06-1107-95
!lttttklltlitttlttttttltttttltttttfltttttiAltlfttlt!lRtARttttxtlt!#ltttt#ttt!!t!t!lxtlt!!!lettlt!!!l1Rttltlttttf!lt1111f!!!tiltfAtAAt
CONTRACT
DATE J031 0,01i
LOCATION
CITY
CONTRACT PERCEPT
AMOUNT COMPLETED
ltitlt
8131155
1C130195
2720
FIPZCGF
1660 W. ANAREIM
iiILMIN31011
18,600
01
I0130195
2719
ERR&FEBS01 CONST
CBEVICS
aL SEGUNDO
25,322
at
10126195
2718
Cs! CONSTaVCTORS
LAI 1i0f1LD WAY WEST
LA
33,501
at
10/25195
2717
CATALINA FUNITH E
14189 I10UaI1Y CIRCLE
LA MIRALA
91300
01
10115195
2116
ChVIXIS
S" €Ei sA A15 HD
Sk11l CLka1tA
81.000
01
I011619:
2715
S:iELCASE INC
1123 i1A117i AVE
TUSTIF
59,811
at
1011c1715
2711
LA WATER A PCfi£R
1350 S. BALL ST.
LA
59,697
01
Iv'II6195
2713
Di? COPST., 11C.
4311 3ABECiE? R5
NsRFJi: 6iALH
7,;iY
0t
1C1i1195
2712
ea r? CONSTEUCTORS
CHEVRGS H-Fifiiy
EL SiSCS'J'C
a3,850
0t
:0155119;
171i
_It. C:%
FOX Si _::
LA
34,829
01
qyt -:I::
LA
20,711
0i
iilrC=1;
2109
:-. C10
a_.wou I vLENXI S
SUS .+Yilt
i3a.1S3
ut
:I
i5
2703
C.M.
SEAL Bs""ACT >;Ai'AL Iii=. v'i5 SiA.
SEAL a=A;i
53,334
C1
r3I EIs
1707
:
itS:i COYiSTaaCTIOR
UNOCAL CkaSGS tI.FINi:i
CAiS55
27,750
4%
Ci]2SH;
2705
iAC5y
0LHES !{i;;vLE SCcJJ;,
LA
167,53a
Ot
031251iS
2705
LA. CIO
11210 ST
LA
76,561
01
C9126195
2704
[Sit CG13710CTIOT+
14120 MsCAi
LA MI3AJr.
2,600
01
C9122195
2703
Lys,9003, CPO
3UN311 Ali
LYJI4:%".
33,750
01
C9122195
1702
LA"NI
111TH Si
A10i
44,440
0;
09121/95
2701
LGYJLA MARYMODNT ➢NIV.
80TR S1 I FOiDHAM
LA
176►834
at
09/14195
2700
IiADY DEVELOPMENT CO.
LB COY.M EOSP
LB
2,700
01
53/11/55
2699
fiA;,DrIN FAYI, CIO
1AN31A BLVD
BALDWIN FAIT
94,299
0t
03111195
265B
BALD11I1 Phil, CPO
CITT HALL PIG. LOt
BALDVII PART
84,450
0%
09/14/95
2697
➢NIVERSAL CITI STUDIO
STUDIO ROAD
UNIVERSAL CITY
I20,266
at
01111135
2656
➢IITED AIRLINES
LAI
LA
4,439
01
09111195
2695
LB, CIO
3673 ST I INDUSTRY AVE
LB
611,650
01
19108195
2691
KAISER FOUND 19ALTH PLAN
99 S OAILAID
PASADENA
14,050
01
09107195
2693
RAY WILSON COMPANY
1AIS£1 HOSPITAL
HAIROR CITI
22,658
01
19106195
2692
CcAILIS PANIOW BUILDERS
6577 SANTA MONICA BIRD
LA
6,000
01
19/05195
2631
BUi3ANI AIRPORT
➢NIT£D TERMINAL
BVRBAII
4,700
0t
18/29195
2690
ARB, INC.
HUGHES ➢P1I11 FACILITY
LB
52,400
01
13125195
26BS
D11VIDDIE COIST CO.
BALL RD I GLOBAL 4IAY
AIABEIM,
71,897
0t
1812119S
2637
BCI CONSTRUCTION
TRIACO RITUELING STATION
LB
74,360
11
f8121195
2686
ILLIG CONS?. CO.
5101 CN£ISHAW BLVD.
LA
122,766
at
18/22/95
2685
GLENDALE, CIO
VRS 571£1TS
GLENDALE
2,320,415
01
18/22/95
2684
OEM 11MIDIATION
14824 GOLDEN VIST
VISTVIlIS?ER
55,824
311
i8118195
2693
USDEIGROUND CONS?
LAI-VO1LD WAY WEST
LA
205,210
71
18/17195
2682
Dr"MA1C
JPL
PASADENA
27,676
411
8/11195
2681
1ATIO1WID1S3IM.RICK
710 ITT 160 IWT
LA
3,380
631
13114195
2680
LOS AIGRLES, CIO
COLDWATER CIA
BOLLYVOOD
24,601
it
18114t95
2679
CHItELIS PAIKOW BLVDRS
200 S. COL➢KaUS
GLENuAL1
1,750
551
I8111195
2678
SAN FERNANDO. C10
TRUMAN ST
SAW FWAIDO
327,485
11
13109195
2675
D_: CONT., INC.
4401 JA! Foi:£ 10
1"EVD01sI EEACH
1,500
821
8109195
2675
u:1NIDDiE COIST
SEPULVECA B 405 Fii
LA
364,566
91
8109195
2671
5: r1CIFIC RAILROAD
200 KARiAi WAY
BLOOMISSTON
61200
0i
8107195
2671
SJ r'ACIFIC RAILROAD
ALHA0A AT VALLEY
LA
20,000
91
6103195
2670
LA i1ATE3 I P011E1
13101 SEPULVEDA
SYLMA"s
19,700
61
8102/95
2669
FY4Y0 COIST
4760 S"WNSIV BLVD
LA
20,723
601
7/21/95
2655
M111JONES
SAPS -WEST EEVRRLY HILLS
BEVERLY HELLS
15,129
361
7120195
Nit
iACD"rw
ST91113kD
LA
347,470
It
17119195
2i63
LACDPii
131VALI BLVD
WaI?TIii
1,119,438
It
AAt!lt�tttttittttAlR##AttYltttt!!lttAAlAlttltttit!lttitttlttlitt!!ki!ltttittkklilk!!!i#iittYRtitlitt!###tYtlYRi#ttYtlt!!!tt!!ltitttlA
PASz 2 JOB IMER LIST 06-NAVV-95
AtttRtRRltltttttt!lttttttRtAtttlAttttlAAkttttRtttttliitlt#IttRkt#ttitttt!lRRt#tit##tttAt#ltitRltRltitlttt!ltttlttAAktttlttitttltltit!
CONTRACT
DATE
07119195
07113195
07114/95
07112195
07112195
J71I0195
07/10/95
07/03195
'3a130195
M1 ,1 3:45
�6727i;5
Oa123195
06/27195
061271i5
a6126M
Co1i619;
�OjIDi5S
06119195
06/19155
05115/95
W07195
0:112195
D6109195
06105195
MOMS
06105195
06/05/95
06132195
05124155
55123155
05/24195
05/09155
05109195
MOWS
04126195
14/25/95
3111719S
11/11195
)4105195
1410I195
1I133195
'3127/55
13/22195
13120!55
13/16/95
13/15/95
13/09/93
1107195
I123195
VOW":
21033195
21C715!
e!tltt
2662 FACERICH FLUfEITY
266i PIPE -CON
2660 :DRRANCE O.S.D.
2M M2IROVIA, C10
2EH CDEPTOI, C10
2657 RAY WILSON COMPANY
165c I1[3LEii00D, CIO
2555 MALIBU, CIO
2654 CALIF DEPT OF RIC I FART
2553 Sul. PACIFIC
;'
2047 s!5TA CLARiYA, Ci0
7641 ::DOIRD3 E:A.i O.S.D.
2545 3ZE40D, C10
2644 CALTRANS
2643 "PECIlJONiS
2142 CARSCIN, C10
i639 oc Axi3ick
ME CALTiAIS
2637 :0. PACIFIC
1636 iALDWIN PA?I, C10
2635 CYPRESS, C10
2633 FOUNTAIN VALLEY, C10
2631 BEVERLY HILLS, CID
2529 WE! HOLLYWOOD, CIO
HIS HAY WILSON COMPANY
2627 SO. PACIFIC
2626 CALTRANS
2625 DIIM11"IE CONS,
2i22 STEELCAS1, INC.
Iill SWIIE110S I YALBERG
2613 BUENA FART, C/o
2514 AIDREWS RANCHO DEL NORTE
2013 LONG BEACH, C10
till RED0101 BEACH, CIO
2603 011113-19RIfl CONSI.CO.
2602 CTIF, 110V
233E CALliIAlis
2595 CALTRANS
2538 ANA3EIK, C10
2587 RUST 11KEDIAL SERVICES, INC.
2531 UNDERGROUND CONST
2531 WHIT113-1CRIER CONS? CO
L576 CALIRANS
2571 MATT CG3S*.R31n.TION CO.
7573 CALTBANS
251 OCEMA
2553 EyINDERSON
2564 D 13ATIAN BEACH, CIO
2555 roll OF LA
2554 LACPW
L]]L ww ^k1TRA13
LOCATION
Giiftv= I PPRIVATE ALL'ai
33JS BAND3,4
6 SCHOOL SI1e5
VARIOUS S1.,LOCATION
VARIODS LOCATIOI
ACMKA3 I IL?IRIFF
Mvni VITAE
FAViKEIi: REFA.3
Cap FIG LCM.
A;.A!!-3A AT CAPSON
GAR:i A73.
?Y 34-35 L LS1,AF PiZlziAl:
BIRSEY S:iOOL
IELS3 STREET
Pin
5927 W. iyPERiAL Rai
VARIOUS LrrCATICI
i4f.f Z. 31jiD SIT
SANIA EVI619101% FWi
PIONiil A: Fiol:
1AX31A I BADILLO
GRA3A-1 I CAI INOLL
EDIS E8 I BROOIHURST
P?IFORD DRIVE
FAIRFAI AVE
GLEI3ALE COMM. COLLEGE
FONSONT I FRSNT
RAMP 0E111, IDS FRY
yy 1ALL
1123 WAINii Avg.
CkLSTAIIi
LIN:OLN All.
7201 FIRESTONE BLVD
KA111E S;ADIUM
PERFOiX1110) ARTS CEITzi
KJBIL NITRIFICATION PROJECT
NAXONAIBADILLOICOVINA
XACA11iUR
STE 1
LA FALKA 8 ACACIA
14821 GOLDEN WEST
7155 WORLD WAY WEST
160 E. EI. SEGUNDO B;VJ
WDIMki KILL R3AD 1 P101ZEi
RT"L 11illy SEPERA/07-110294
300 W. E11:3LI
Oil 138 6 MESCAL CMI
ORANGZIOLIVE ISLAND 110MiS.
15300 IOSCOE
SEPULVEDA BLVD. 6 AFTiSIA
VARMS LOCATIONS
VIA DEL M317i
BEACR BiVD 1 5 F4"I
CONTRACT
PERCENT
CITY
A10URT
COMPLETED
8131195
L'IER72
100,18C
991
LA
1.750
61
TORRANCE
102,655
691
KOIiiOVIA
260,055
11
COMPPTON
282,159
11
LA
12,i63
at
INGL106D
193,536
11
MALIBU
163,3?4
11
WiSIKIISTIZI
93,116
11
C1PS011
9,354
1001
LAD-- Hi1GnTS
114,935
11
SAIi I A CLAi;IA
357.774
III
[ED01D0 BLAC6
14,420
821
II3LEif00D
i1o,651
31
LA
69,942
11
LA
40.360
71
CAaS?N
935.755
111
CEaiIT�S
S.130
651
SAI.A KONICA
304,409
11
133ialall
13.233
loci
1AL11141 PAil
31093
381
CYPIESS
63,730
651
FOUNTAIN VALLEY
129,711
191
BEVERLI HILLS
821,294
661
WEST HOLLYWOOD
175,884
21
GLEN?ALE
45,239
981
108xALI
5,270
1001
113LEVOOD
I37,197
111
AHAREIX
120,916
101
1OSTIN
54,893
931
FULLERTON
500,277
981
KENA PARI
61,831
971
DOWRET
26,850
971
LB
93,6SO
11
REDONDO BEACH
43,348
loci
TOMICE
40,186
loci
BUENA PAII
57,795
911
CD101A DEL KAI
155,200
131
KALISU
41,898
991
ANAHEIM
171,806
301
VESTKIISTEB
33,850
781
LA
3,003
821
Et SEGCNyO
26,000
931
}r�ITTIEH
11.158
321
GAIDiNk
10,211,181
111
ANAHEIM
43,393
991
LA
2E8,542
141
OLIVE
I141951
611
VAN NUIS
59,534
921
MANRATTAN BEACH
1541930
51
SAN PEDBOIWILXIIa13N
8111275
611
Pf ESTATE
6341675
861
BHESA ?All
792,283
991
IiR!lAtltffxtlAitititittttLitt#tAAtfAt!!tA!ltl;;#f;#AtRt#fAxtit!!!#tfAfAtxtt!!xi#tt;lR;;ltlAtt►lifl;AA#ffttlftlLli!!;l;;;;#!!litttlt!
PAGE 3 JOB IMER LIST 06-I37-95
fxttitttttiitetxlxtlAtAxlRAAetstt:tttLRAAxAftttt::!!tt!#r;#xfxtt!=itx;RLe#tASAAsetirtrettlitlLttttttie!!t#t#lAsttltslt►LRAft#Artltt.t
CONTRACT CONTRACT PERCENT
DATE JOII OWNER LOCATION CITY ANODNT COKPLETED
A!►#A#
8131/95
02107/95
2551
WATSON LAND CO
INTUMiDEL WAY
CARSON
415,406
751
01/30195
2546
SO. PACIFIC LINES
220TH S"
CARSON
14,700
DI
01/27195
2545
ANDREWS RANCBO DELL NORTE
7300 FIRESTONE
DOVIEY
2,000
991
01/26195
2541
DIDLRGR00ND COAST.
7155 iORL'i) WAY, LAX
LA
4,000
1001
Di124195
2543
CHARLES PANIOV BUILDERS
723 N. VIGNES ST.
LA
2,981,307
331
D1123135
2541
ANAHEIM, CIO
KAIC3ESTU t LOARA ST
ANAIEIN
452.746
9a1
)1113195
2537
SO PACIFIC RAILROAD
SPULVEDA BLVD.
EL S3019100
21496
01
MIMI
2530
LA. CIO
kiiul NAY
LA
47,936
1031
12101194
2517
wisTMINSTEa, C/0
PINE ST.
VL'9TTrHINSTU
176.181
991
U12Yiy7
2�15
r
tJ-N.A, �'iiUYYY, CI4
4
'U'A'S LIA S iABS:R
0
FOUR AJN VALLQ1
243.V31
2111
,.IY9�y!
LJYS
LA0S0
S!£ A�YA `1LLLL 518VJL
CLYAfiZ
377,144
93�
:1103M
2493
LACE Pi
U—ZIR N KILL U.
.3IT3izi
01.630
100i
111.1194
2495
LA BOARD PENSION COMMISSION
PART FIAZA
SAN PEDRO
53,78i
61
)3116194
2477
ORAISE CoOATY Ew.A
HiLE GAU -FAIL
F0097AIN VALLEY
3i.696
IODi
'7120194
2440
LAP Pi
U."ISRAly tELVU.
TORIUCE
1,624.89D
941
17120/34
2433
LTUOOD, C10
IMPERIAL HWY.
UPWOOD
164.925
961
16123194
2129
LA, CIO
WOODEAN AVE.
LA
1,161.9J7
991
)6121194
2428
LACRA
SAN PEDRC 11ST
SAN PED10
181,783
751
ic120144
2427
LB, CIO
LB AIaPC&T
La
21714,02a
98i
16/13/91
2421
LACDPV
217ERLI BLVD.
MONTEBELLO
1,39E,055
9it
14108194
2388
CALTRANS
405 FWY
LA
1,746.511
1001
i3,27194
2376
JPL
4300 OAI GROVE DR.
PASADENA
317,010
1001
13/24/94
2374
JPL
4800 011 GROVE DR.
PASADENA
(86,000
991
)3107194
2360
JOIN T. PRICII
GARDEN GROVE BLVD
GARDEN GROVE
19,368
1001
11105191
2325
CALTRAIS
FEARBLOSSOM Ivy
ESCONDIDO
2,078,959
991
11/16/93
2296
BELL, C10
ATLANTIC AVE BRIDGE
BILL
147,348
1001
.0126193
2284
LOS AIGELIS, C/O
IURTOX WAY
LA
1,357,164
loot
16112192
2033
LACDPii
RA![B01-BONNIE UAr.
LA
$83,321
loot
,1126191
1937
DIUIDDIE COIST CO
1200 GETTY CENTER DR
LA
192,375
961
EXCEIr PAVING COMPANY P.O. BOX 16405
A GENERAL. ENGINEERING CONTRACTOR LONG BEACH, CA 9ow&sj95
• - 599-Wi
CREDIT APPLICATION
Excel Paving Company
2230 Lemon Ave.
P.O. Box 16405
Long Beach, Ca. 90S06-5195
Telephone No.: (310) 599-SS41
Fax No.: (310) 591-74S5 or (310) 599-3679
Type of Business: Paving and Grading Contractor
Contractors License No.: 6SS659 A
Excel Paving Company is a Corporation
Owner. Palp, Inc. 2230 Lemon Ave., Long Beach, Ca.
C.P. Brown, President
In Business since:10181 In Location since:10/81
Leased: Brown & NElls Property
Financial position is on file with Dun & Bradstreet, Rating 3A2
SIC No.1611
Bank: Home Bank Branch: Signal Hill Telephone No. (310) 426-8166
Address: 2633 Cherry Ave., Signal Hill, Ca. 90806
Account Representative: Teresa Harvey
Checking Account No-- 05-02-108160
References:
Industrial Asphalt 16005 Foothill, Los Angeles (310) 834-2655
R.E.H. Trucking P.O. Box 217, Chino (714) 591-0871
Blue Diamond Materials 16030 E Arrow Hwy., Irwindale (818) 856-6700
Con -Lee Equipment 1782 Pheasant Street, Anaheim (714) 961-Ml
"Special Billing Reauirements" Invoices must show job Numberto
Insure speedy payment.
I certify that the above information is true and correct, and that we can and
will comply with your terms.
C.
C.P. Brown Date
EXCEL PAVING COMPANY
2230 Lemon Avenue
LONG BEACH. CALIFORNIA 90806
TO- CITY OF HUNTINGTON BEACH
CITY CLERK
2Nd Floor
2000 Main Street
Huntington Beach CA
Cr� .8 --"
0J.-W NU* "BER:
L IF
tm?(00e,nf --i .
vat kocas !
C1�: ••
jai`• - �.
..l ynn
INSURANCE COMPANY OF THE WEST
P.O. Box 85563, San Diego, CA 92186-5563
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, KOVAC, INC.
(hereinafter called the Principal), and
INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of
California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of California as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of
Ten Percent of Total Amount Bid Dollars ($ 101� ) lawful money
of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors,
administrators, suocessors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and
submit to the obligee a bid or proposal dated February 29, 1996 to[
MSC-381. Reconstruction and Improvements of various local streets
In accordance with the plans ,and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
,VrTOEREFORE, If the bid or proposal of said principal shall -be accepted, and the contract for such work be awarded to the principa
thereupon by the said obligee, and said principal shall enter Into a contract and bond for the completion of said work as required b±
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 Thirteenth
day of February 19,96
KOVAC, INC.
9272 Cloud Haven Drive
Huntington Bea h, CA 92646
(714)-Q64'-4185P
By : 'lam I \ Y \ V V '*�
B. Kovac, PresIcTent
IN
By
C
ICW CAL 120 (7/90)