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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 .. .. I ",� , Hpr 19,y6 9:17 No.GiI1 P V �f i LJti - - i �� wCS' �•Y.Hf DA7E IMM C�RT'EF�.0 4TE=uQF L AB 1`T :IµNSUR GE ' C8LPl 03/2 ^AS rnooucca 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 5 SAMPLE 31dcarbsllv14,95 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 6 SAMPLE MkurWIV14193 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. 7 SAMPLE 3Wcur IV1495 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 8 SAMPLE sndcw,nvta,A)s 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 WcurW1 v14,'9S 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 zwcuewir2114.195 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 11 SAMPLE 3/VaHWIV14193 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 12 SAMPLE 3.1dcurbd1v14:95 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. 13 SAMPLE Wcurbsn 2/14/95 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 14 SAMPLE WcutWIVIC93 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. 8 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. 11 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. 12 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 13 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. 14 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. 15 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. 17 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. 21 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. 22 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. 24 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. 25 303-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. 5 Id b SI-lOcNN IK IL'+OZ 1 a a a a s0az N N N N N a W W y m v z z LFUC KID Z e m �l b N Ibe Z6EOZ T6EOZ Z6EOZ T6E ef° c') d0 N N e�w � B! oz OOOMdd1�0 t 0 1Vfb b 7C b b W to 01' TCf O�. 01. 1, �, O Cf J m tiVf OZ Z Y Y d > y W O Zia; N ! 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N N N N J q N N T Y N N •Lp•Lp dCl ssn9 6t0 1 I I N Y b b Y Y N Y Y O b b O m b J b b O O q b O N N N N N N N N I N N N N N N N HO NV3Ntl88311 = D TbTOZ J Y p r Y r W r r N Y r O o Y 0 m 0 0 J A 0 U 0 .l] TETOZ Ic b b b TZiOZ ZZTOZ SETO rl)or OT' o 0 0 N N m 0 0 0 0 qp day l S IXl V6' 9 TTTOZ DOT6 TOTOL-----= TTTOZ 0116 r m T60OZ Z60OZ Q TOTOZ bT_T6 TOO ZBOOZm 160OZI OZT6 rC 9L7+ 1900ZI ZZ16 TLOOZ ZLOOZ Q Zf r 6 z500Z Q 0 T90OZ I , INVG V TDOOZ IZVOOZITSooZ Z i 16 ) TSOOZ TEOOZ Gj. t's r 1N3NidVd34 30I-10d HOb38 N0i9NIlNnH HDV39 NOIDNI1Nn 6022 6C21 6Ci2 6Cm 6C2, 0 4U22 --+ I o022 6012 O 6011 u. 6002 6022 6021 6022 6021 6021 A N 6032 6031 ^' 6032 6032 60J1 6032 (n 6031 6032 6031 6032 6072 p6031 6032 7� 6031 6092 6052 6052 v 6051 6052 = 6051 6052 Z 6051 6052 O r67 6052 C 6051 6052 9 6051 6091 Z m Z m 6052 6051 6042 6062 t6031 6062 6061 6062 - 6061 6062 p D 6061 6062 Z 6062 p 6061 6062m 606160626072 � m 6072 6071 6072 { 6071 6072 6071 6072 6072 m 6071 6072 6071 'J' 'P' 1607. 6072 D 6062 B PARK LN. 6081 APOLLO LN.�OLSA 6oe2 6081 82 D 6081 6092 6091 qq 6092 6091 609 b091 6092 6091 6092 6091 6092 6091 6092 6092 V (A 609] 6091 6092 6102 6101 6102 6101 6102 6101 6102 6101 6102 6101 6102 6101 6102 d6091 61026112 6111 6112 6111 6112 61116112 6111 5112 6111 6112 6111 6112 61p4I�jrj,6121 6121 6112 611 6122 6121 6122 6121 6122 fi122 6121 6122 61216122 6131 6131 6132 6132 6131 6132 6131 6132 6131 6132 6131 6132 6132 6142 6191 6142 6191 6342 6141 6142 6141 6142 6141 6142 6141 6142 6141 6151 6152 6151 6152 6151 6152 6151 r Y m r 6152 6151 6152 6151 6152 6151 6152 6172 6171 6172 6171 6172 6171 6172 6171 6172 6171 6172 62j2 6172 CAPETOWN LN 6181 6182 6102 6181 6182 6181 6182 6181 6182 6182 6181 6182 6181 6191 6192 6192 p 6191 6192 6191 6192 v 6191 6192 p 6192 p .� 6201 6202 .�) 6203 6202 6202 j] 6202 �) 62U1 6202 6201 6202 -p 6222 6221 6222 6221 Y Y Y Y Y Y Y {n N Y Vi VI V1 N N N N N N O N b N m N J N N N N N N VI N N N V) N Y Y Y Y Y Y Y a O 6181 L m 6191 a 6201 a 6222 BAYSIDE L IELDSTON LN. 6222 KINGSTON I.N. 6zn 623 6232 62l1 6232 ff 6232 6231 6131 {ry~ N AN Vi N N y~ y N W W a�F) L!~ N Y Y Y O O O O O 'IS Zvi N Y O b �y4. N N N 6242 N LA SALLE �J Y 1 �" I YI h Y• m STANFORD LIM Y Y Y 6271 N L �Wi N Y O NN J q N U91 W N W W W N N N N 6301 Y 1+ Y Y Y Y IN+ m N LN I N A J N N P N N N A P N N W N Y N A N N Y Y O N Y N W N N 6331 Y W N N Y N W P N Y W N Y N W N N Y VI W Y N Y VI W O N Y N N m N Y VI N J N Y VI N T N Y N N N N Y N N P A N Y N a N Y N P Y Y N A Y Y 341 N ix Y 63S �' W Y M N a Y N W Y Y VI W Y Y N W Y Y N Y Y N m' VI N Y UI N Y N N N DIARIA _ COl Y Y> a s n W 6371 6372 6371 6372 6371 6372 N J VA ^' ^N) "�' "�) IMP 6391 6382 6381 6382 6381 6382 Y Y Y Y Y Y N D A N N 6391 6392 Z 6391 6392 m 6391 6392 O n A ti e r mDUKE N R 6401 6402 6401 6402 N 6401 6402 Z N " Y " Y 6421 6422 6421 6422 6421 6422 P p N N N 6431 6432 6431 6432 6431 6432 \4 (,V 6441 6442 F6471 6442 6441 6442 6441 6442 6452 v 6452 A 6451 6452 CO) 6451 6452 >> 6472 '� 6472 471 647 411 6472 J N t� r� 1 b4Hd 1 1 f5 1 6371 6372 = 6381 6382 M 6391 6392 D 6401 6402 v 6421 6422 6431 6432 6441 6442 6951 6452 0 v m 6471 6472 6282 jm 6292 h 63 22 D Z 6312 z 63 22 p 6342 6352 6382 D 6382 r- N 's CR N N N N N N Y N VI N N N O O O y Y 6422 6421 6422 N i 6432 6431 6432 u 6442 6441 6442 6441 6452 � 6451 6452 6451 v 6472 471 6472 ;a 6471 anwe CR LN n Y N N 6432 O 6442 (JI 6452 ioo 6472 r I 4.7 T- o C: r_z C) mz 0 G) m--I 0 D z IOU �m D mn_ I • J� HUNTINGTON BEACH POLICE DEPARTMENT HUNTINGTON BEACH EENER 2f N N N N N N N` u, YI YI N ut YI Y�i YO1 1�lI � � N N r-1 N N ri N N Y1 1(1 J1 N Jf N 1!1 N I(, J1 JI VI W 60 Vi z J N 1 0 325 N N ,^ ,r 5812 5942 16001 5822 k101-/113 5828 895 (5812 EDINGER) u N 5840 G 5842 584sVONS SHOPPING CENTER C C " 126 0 r r O,pmOQ`�mNQ. .p mONm v �R. 1I1NY1 Y,N V, 1(1 YIN V11(1 Yf V1N 1065 (5880 EDINGER) 16112 Z, 16122 O� N N N N N N 1ll m N0 16161 1 146j5S6NE r m AD D166R5.1 16114 6152 1652 � J J61616 Z162 1161 -- , Ul Yr1 Irll N N N YI VI YI N 6401 f~'1 1~11 r m P O N i"1 N N C YI N N Yr, N N N YI Yml Ym116411 157 HUNTINGTON BEACH POLICE DEPARTMENT HUNTINGTON BEACH N N p 0 O ry b b b ~ N 10 16032 128 129 (6100 EDINGER) (6200 131 EDINGER) 16072 (16072 SPRINGD LE) 130 (16102(16102 SPRINGDA.E) C lNCT1A/ I AI IN m N N N N N N N m O N N N ^l b b b b b b V b b b b b b D 16151 b - b 6171 MONTECITO DR. N N n e u+ b r tiAil NN-1NNbbbbbNrlmNb b 10 b V b b b b b b PALISADE DR II ST. BONAVENTURE SCHOOL- PRIVATE 24 (16377 BRADBUF N 1 0 325 BELLINGER DR J b b b 1606 �j bow 16071 Z 16072 6�1 16082I60B1 )~ ti�e116081 1- 16082 bog jL J .6092 16091 � 1.60g1 1609 = 16092 16pg 1 e b HEIL 158 HUNTINGTON BEACH POLICE DEPARTMENT HUNTINGTON BEACH COLLEGE VIEW SCHOOL 25 (6582 LENNOX) A. I b I b I b Ni N 1 0 325 b b 6839 7056836 (6832 6838 6EDINGER) 6850 825 132 6852 (16041 SHW 6854 N60DE N- ANT m b m 61 b 16065 p HOME DEPOT 6075 6079 6081 6085 6091 16099 163 uzA DR. z 61 16182 ry N N m m e v e u ,mo e e o e .Ni u ry a n ,O10 16192 N •y N b '� m g O ti N � 6202 .AUHhLHUKS 1 L Nl N N N N N N N N N N N N N N N N N N N N N b V I V ,r0 IN V I V V I V V b m V m m m m b b b b b b$ y rl ` N .Y I�1 rl ! N N ,G .� m 'I '1 rl '1 '1 '1 '1 .-1 r o b r b r b n b n b n b LAFAYETTE DR Z PARK J N N N N N N N N N N N N N n r r r r m m m m m m m m .i M J1 .1 m .1 m nl T .1 O �i '1 ry •1 N H �4 ! N o r/ N b n m � m m b n! b r b r b r b n b m b m b m b m b m m b i b m m b b i AUBURN DR N N N N N N N N N N N N N N N N N N N n n n r r m m m m m m m m m m m m m a 16332 f "'� .� r V '1 m .1 'I O '1 N 'I N N I�1 N !m JI m m O, O N rl 11 b b b b m m b b m b b m m m m m a a m! L6342 U `'�s LOYOLA DR L6352 1 N N N N N N N N ry N N ry N N N 1,1 N .6362 16361 b b b 'm b m m b b m b m b m b w b m b b b b b .6372 16371 07 16381 11 m a c N N ^ m m m n 16391 L6382 16381 e b • b T lfi DEFIANCE DR z ir , BRIDGE WAT ER m f N N N rG V r n n J 16402 16401 Lai 16427.16421 H H e 16432 16931 3 Gl.I HEIL 159 ff. lmpllm7 HUNTINGTON BEACH .4 .-1 N .y lOJJG 16562 'BISHOP DR. 16572 N N N ry m 16592 16602 N N p N Ib/1 yrj ymj 16612 b b b b b b CORRINE CR. 1662 -- N N N N N N 16632 V u u e e 16642 16652 b b b b b b PEGGY E—R 16662 16672 16692 e 16702 W a. 16712 — RAD DR. N N ^ N o 16732 r ti 6741 16742 b b R'/Sl 16752 N HUNTINGTON BEACH t POLICE DEPARTMENT I 0 325 b b R z 16532 16541 16542 16511 16551 e $ , 16571 16s81 LENIS C 16591 N N V N Y1 e e e u 16601 ,. .� .. 16611 / 16621 VERLENE C 16631 16661 Z -- W 16662 16661 PAULA CR 16671 O 16672 16671 H 16682 16681 (IRBY PARK) 16681 �1668216681 F-1669216691 166e9 1671 1 N Nn e e Ne Y 1166773022 111666777230111 ARLASYLVIA C1672 16731 16741 16742 16741 .6742 6741 1674 16741 N 1+1 b r 16751 16752 6751 675 2675 �61 16751 16761 16762 6761 J 676 6.,6 J 676 16761 LYDIA DR. 16781 16782 16781 'O 'D 16792 16791 b � 1680 MARILYN N N N N N N N N N N N N N N N N N N N V1 b O M N b r T O n1 N b Y1 b b �O b b b b b r r .HANNEL IIZ 1167711 11677211677416/7L 16771 ry N m b p� O� 782 16781 < 16782 1678 Q 16782 16781 W b b m � � 6782 m W ry m .� Z n m m Q .+ .� .+ b e �o C1 e n m e e e e l e 1040 m e 1 ace a 154 e 16091 O` 1602 16331 16392 6911 WARNER) WARNER WEST 16301 U 16932 16931 X 15 52 HUNTINGTON mm SHOPPING CENTER 155 c BEACH --510 (6551 WARNER) 163z. e 16szz POST a "<� ^ m m' 790 lu)31 Q— 1 m m mmm m m m m m SUN o DR. WARNER OFFICE 16vs1 ZCL r ry�rF(61181 7_ e Zee e b J b i WARNER 169 T NGTO stl m m m Z m '1 SALT o L 31 e r m a m T m m m 41 Z Q '1 ti 51 71 6 PIERRE DR. 1958 Bl N N Z 19592 O1 m m J 19602 11 19612 1961 19612 ;ON ]'`•)2219621 19622 1 i632 19631 41 19642 2,642 19641 51 19652 0 b�652 19651 61 F QUST lZ ] 062 19661 X 71 � 1"tl2 19681 ZE19!6!B1 Q 1yJ1"`92 196910 Bl Q P-.02 19701 S HUNTINGTON BEACH POLICE DEPARTMENT �s m 0 m m .9552 m 9562 m m m 19552 N 1 0 325 m a m m m m m r m m m m m m m m m a DR. N om m N m m N m m N m m 9591 Z J N N N IN'1 P N 0 E 19601 N65 19611 19621 19631 19641 19661 NEWLAND SCHOOL 19671 PARR 5 2 19681 196B1 (8787 DOLPHIN) 19711 BOISE DR. "` �9' DOLPHIN Z m m m m m 19731 m m m J m m _ 19741 m o m m Y� c m m m m 19751 D n P F M F RF w DR ial6 i9761 E3]INALVAIWA Ike\:4:/10131 v `' N j9g31 vryi N L'1 m o ry n m m m m m S m m m m m m m m m m m 19951 _UWMtAU UH N N N N N N N N N r m m m m m m m m m J DR N N ry J 19922 m m N 1993e 19942 19g4j 19942 1g952 19951 995 1� cy�? 1 m m 9981 1197921197911 19802 19801 19822 19821 19832 19831 19842 19841 19852 19B51 CLIF DR. N N m N P N m N m N m o m m N m n m Z J 572 r4, ae SHORE CR. 592 Q�Qry N N N N 602 m m m 612 m ry m 622 rsge m o m m �632 HOAL CR. 642 ti A 652 m m m m m m m m ,662 BREAKERS DR. N m m N m m N m m ry m m N m m sse CR. BOSUN m m m m 6BB tiCORAL CR. m O1m m m (n 19802 Z_ 19822 ill 3 19 332 5�• N 19842 W 19852 DR 19872 m c m m m a s m m m m 19882 19921 1989219902 m m a a1m m �•,N mmmmmm SHPPIG.1 CNT im 19912 19922 � mmmmmm 19942 mmm mmm i 19962 m m m m P m I m m m m m m ADAMS 434 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)