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HomeMy WebLinkAboutImperial Paving Compant - 2007-06-18RECEIVMBY: (Name)' -J cq (Date) CITY CLERK RECEIPT COPY/ , Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrriich, City Treasurer �`� FROM: u- SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond .No. r; Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. /�1 �-� /� o MSC No. Approved // /��rC��> Agenda Item No. pp g (Council Approval Date) City Clerk Vault No #27 g1followup/bondletler.doc City of Huntington Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manager DATE: December 19, 2008 SUBJECT: Retention Release Payment Company Name: Imperial Paving Company Address: 10715 Bloomfield Avenue City, State and Zip Code: Santa Fe Springs, 90670 Phone Number: (562) 523-975 Business License Number: A 239148 Local Address: Same as above Notice of Completion Date: Pending 2, NaJt.'^btr II,'LOOb' Contract Purpose: Release the remaining 10% retention money to the above contractor for the Street t Rehabilitation of Myrtle Drive and Normandy Lane; CC# 1295 and the Roadway Improvements within the 010 the Oak View Area; CC# 1309. 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. . Paving I certify that no stop notices are on file on the subject at this time. ZZ- ZZ- o-b Date Travis KL4*pkins, Public Works Director I certify that there are no outstanding invoices on file., r 1'5-oq Date J Shar' Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Oatel n, City Clerk Reten. Release Memo.doc 12/19/2008 10:11:00 AM I, ROBERT COLLINS, ASST. SECRETARY (Name of Declarant) state and certify that: 1. IMPERIAL PAVING CO., INC. is the general contractor to the City of Huntington Beach ("City") on Contract No. 12 9 5 & 13 0 9 (the "Contract") for the construction of the public work of improvement entitled: STREET REHABILITATION OF MYRTLE DR. AND NORMANDY LN. AND ROADWAY IMPROVEMETS WITHIN THE OAK VIEW. AREA AND (the "Project"). MANDRELL DR. 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at S�� �/�i�!!-z on or VeWaraziL) APPROVED AS TO FORM By:JQ� loa�n . Name: Title: 18�, 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC # 1295 & CC # 1309 Project: STREET REHABILITATION OF MYRTLE DR. AND NORMANDY LN. AND ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DR. The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 t' at � �California. IMPERIAL PAVING CO. (Type Co actor Name 1 By: _ Name: RO RT C LLINS Title: ASST. SECRETARY A k Y4 CI'I'1' ATTORNEY 1 -iL�" US. ab • 0_�o 247542.1 Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC # 1295 & CC # 1309 Project: STREET REHABILITATION OF MYRTLE DR. AND NORMANDY LN. AND ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this '55 day of , 20 ��', at,4� Fz:�` S'hCalifornia. IMPERIAL PAVING COMPANY, INC. (Ty By Nai Tit? 1 "ItJ 3 • � C� om 245911.1 Bond No. 12043799 CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: (Name and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OWNER ❑ ARCHITECT CONTRACTOR SURETY OTHER ARCHITECT'S PROJECT NO.: CC #1295 and CC #1309 CONTRACT FOR: Street Rehabilitation PROJECT: CONTRACT DATED: (Name and address) Myrtle Drive and Normandy Lane; CC No. 1295 and Roadway Improvements within the Oak View Area and Mandrell Drive; CC No. 1309 Huntington Beach, CA In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) The Guarantee Company of North America USA 1800 Sutter Street, Ste 735, Concord, CA 94520 ,SURETY, on bond of (Insert name and address of Contractor) Imperial Paving Company, Inc. 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as set forth in said Surety's bond. , OWNER, IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: December 4, 2008 (Insert in writing the month followed by the numeric date and year.) The Guarantee Company of North America USA (Surety) Attest: (Signature (author' ed representative) William Syrkin, Attorney -in -Fact (Printed name and title) S-2134/GE 10/01 XDP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/04/08 before me, R. Haas -Bates, Notary Public nn,a Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) R. NAiiS-S @ ESA �r �! COMM. # 1796169 "NOTARY PUBLIC ` CALIFORNIA ORANGE COUNTY � " F COMM, EXPIRES APRIL 22, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sr) whose name( is/are subscribed to the within instrument and acknowledged to me that he/sheViey executed the same in his/ authorized capacityoes), and that by his/heW4heiF signature(4 on the instrument the person(}, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature in x Signature of No ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): _ Partner — [_ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing satr HfTHUMSPIRI r __:t 'stotvEA;_.___t .p of thumb here Number of Pages: Signer's Name: i= Individual ❑ Corporate Officer — Title(s): Partner —' Limited Ej General Attorney in Fact f`, Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg item #5907 Reorder: Call Toll -Free 1-800-876-6827 , THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield; Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contract of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute, rule, regulation, contract orotherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to'and, by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of. THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 316'day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s) in -fact, and to authorize them to execute on behalf of the Company, and attach,the Seal of the Company thereto; bonds and undertakings, contracts of indemnity and other writings obiigatoryin the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In oonnection with obligations in favor:of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to theAttorney-in-Fact cannot be modified or revoked unless prior written personal notice of'such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED •that the signature of any authorized officer and the seal of the Company.may be affixed by facsimile to any Power Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 13th day CfJT �iq of November,. 2007. _ F� 77 THE GUARANTEE COMPANY OF NORTH AMERICA USA y STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musseiman, Secretary County of Oakland On this 13th day of November, 2007 before me came the individuals who executed the preceding instrument;:to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The. Guarantee Company of North America USA; that the seal :affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland s My Commission Expires February 27, 2012 Acting in Oakland County 1, Randall Musselman; Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have theeeunto set my hand and attached the seal of said Company this 4th day of December, 2008 T 9.o Z. Randall Musselman, Secretary RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer FROM: j 01=cj. DATE: SUBJECT: Bond Acceptance have received the bonds for CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating A-c- PZ70//,,jG 6 0i . -: (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. �� ���� MSC No. Approved 191mOi00 �?-- Agenda Item No. (Council A proval Date) City Clerk Vault No. #27 g1followup/bondletter.doc The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Phone: 248-281-0281 Fax: 248-750-0431 www.gcna.com MAINTENANCE BOND BOND NO: 12043799 KNOW ALL MEN BY THESE PRESENTS: That we Imperial Paving Company, Inc. as Principal, and The Guarantee Company of North America USA as Surety, are held and firmly bound unto City of Huntington Beach as Obligee in the sum of One Hundred Thousand Five Hundred Ninety Four and 60/100 Dollars ($ 100,594.60 ) for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. WHEREAS, on the day of , Principal entered into a contract with the Obligee for Street Rehabilitation of Myrtle Drive and Normandy Lane; CC No. 1295 and Roadway Improvements within the Oak View Area and Mandrell Drive; CC No. 1309 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW THEREFORE, the condition of this obligation is such, that if the Contractor shall make good any defect in material or construction that shall appear within 1 Year from the date of the substantial completion, ( ) this shall be null and void and otherwise remain in full force and effect. Signed, sealed and dated this 4th day of December 1 2008 Imperial pvi p4a APPROVED AS TO FORM JENNIFElZ McGRATH, City Attorney Y,_t j&A---- By Paul D'Alessanrlro t 7-1 '1 I G g Assistant City Attorney By. / The G arantee Company of North America USA By: Att neyJ -Fact Syrkin illi��n CS0036 Maintenance Bond 1 of 1 8/12/2008 CALIFORNIA ALL-PURPOSE ACKD-- State of California County of LOS ANGELES On 12-/ vim/ before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS,. ASST. SECRETARY Name(s) of Signer(s) FRITZ DOW COY Commission 0 1801776 Notary Public - California Los Angeles County M Comm. Expires Jun 15. 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/aYexsubscribed to the within instrument and acknowledged to me that he/sXg"§ executed the sarrie in his/h"6iKauthorized capacity(*§), and that by his/hik t & signature( on the instrument the person(�O, or the entity upon behalf of which the person(�q acted, executed the instrument. I certify under PENALTY OF PERJURY under the Paws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off 'al seal. Signature Sig Notary P blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Titie(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT "OF SIGNER' " Number of Pages: Signers Individual Corporate Officer Title(s) Partner - Limited __ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ,RIGHTTHUMBPRINT; ;OF SIGNER.r' __�.��rs._ai ,:�, Assoaa_,:n 3a53Deo.;toy,je,P0.Box2a02•ChatSoDr:h,;A913�3-2402•: tv_ia' ralNctaryorg Item #5907 RecrOer Cali Toy e_'330-d75-682' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c�C,s�?..-acr�.'�,.aGa`,.�t,: �e,.�.,�i. aysay.�R �aC,.. �.vT�L.�t c�a�saS,:•.�>,7aC Sri. �.L!'v��>,s� �v7S,�.,T. �.,., �7.: �. v�.��.A e,sa�:L�ae..� �,. 1�. State of California County of Orange On 12/04/08 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin who proved to me on the basis of satisfactory evidence to be the person(!&) whose name(r) is/afe subscribed to the within instrument and acknowledged to me that U he/s� executed the same in his/4efA4@iF authorized COMM. 1796169 capacity(iet), and that by his/herAhei signature(4 on the ®® 40TARY PUBLIC • CALIFORNIA instrument the person(*, or the entity upon behalf of ORANGE COUNTY F G9hIM. EXPIRES APRIL 22 2012 which the person(stacted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature N2ja� , Q K Place Notary Seal Above Signature of WoTary u lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer — Title(s): Partner — i � Limited 0 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _E� Partner — J Limited General a �D Attorney in Fact • Top of thumb here Trustee Top of thumb here Guardian or Conservator .j Other: Signer Is Representing: 92007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionalNotaryorg item u5907 Reorder: Call Toll -Free t �800.878-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF. NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield. Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attoniey(s}in-fact to execute; seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article iX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President; or Vice President, acting with any Secretary or Assistant Secretary, shall have powerand authority: 1. Tp appoint Attomey(s) in -fact, and to authorize them to execute on behalf of the Company, and' attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in thenature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed: that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 13th day '& of November, 2007. Al Cf s THE GUARANTEE COMPANY OF NORTH AMERICA USA 4. Q� A�,r) f STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 13th day of November, 2007 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Ai 1) - 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 4th day of December, 2008 Randall Musselman, Secretary PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail C RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I111111111111111111111111111111111111111111111111111 NO FEE 2008000583947 10:13am 12/22/08 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Imperial Paving Company who was the company thereon for doing the following work to -wit: STREET REHABILITATION OF MYRTLE DR. AND NORMANDY LN.; CC# 1295 AND ROADWAY IMPROVEMENTS WITHIN THE OAKVIEW AREA AND MANDRELL DR., CC#1309 That said work was completed November 12, 2008 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 12, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract The Guarantee Company of North America USA was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 16, 2008, �) . . kiln'/ Difector o Public Works or City Engineer y of tington Beach, California STATE OF CALIFORNIA) City H n County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 16, 2008. A Dir-' for of u lic Works or City Engineer �;ty of Hu tington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -0�.059JITLE PAGE (R7/95) RECEIVED BY: n�� (N ma e ! (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S ari Freidenrich, City Treasurer S FROM: Ai L�� DATE: "0 /— SUBJECT: Bond Acceptance I have received the bonds for / / Oil' (Coin0any Name) Faithful Performance Bond No. Z,4-�4 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. A� Al Re: Tract No. CC No. MSC No. Approved (Council A proval Date) Agenda Item No. City Clerk Vault No. #27 g:ffollowup/bondietter.doc City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Imperial Paving Company 13555 E. Imperial Hwy. Whittier, CA 90605 Attn: Jim Dunleavy Re: Street Rehabilitation & Roadway Improvements — CC-1295 and CC-1309 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Economic Development Department at 536-5582. Sincerely, Joan L. Flynn City Clerk JF: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citig: p?"AMW,*, 'Ac-P"9tSte re New Zealand 1 Tele phone: 714-536-52271 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR G✓TI I=T' I L_ITi_ri oN OF M`--TI-k- Pp4 F-0i4D1NAy IMPF-(,-v .MP'TG WITHIN 714t-= cN--, V)PW cr-# I V. 7ol TABLE OF CONTENTS Paee No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 e CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND I M ?Pf_J^L_ - Pf WIN-6 CZ:I4PANY FOR ST r F-r= R^P i 1,1-PA-n c4 of M`v'iZT►-v Plz-IYFs; cc- # ivI 5 AND. F , N'r I PFZ-Z5VP_MP4TF2 Wn-HIN ► iia 044:z VtIF-W 4 MaNPF-r-,W_ P124YE ; THIS AGREEMENT ("Agreement") made and entered into this day of 20, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and lM PI S. p,>N/Ir4& CoMPAIY a a Californi ION hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to daTF-Rar- i _P P*NN _ [^_TION:or T"-_: as "PROJECT," more fully described as �°f2ON( 6)�j41?Q-Y L44. To �R1MK —�--B� �1--N ANP ROF MAN PY 1-N . VT -CM- `_R- J,YNI✓ PF- • Tn t, F-11-1== PP-, i cam# I2.41 U ANP . Fa"VAY IM P�+G✓�j�11 M- 717 4 1 t15 - e — _VIPW Pam, the City of Huntington M"hN PF-Pu- tPR . 040:z _ P4 , To A%Sh e3r. :, gel # 12wq Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ONP M 1w1 bN 11+014 644P, I c�A& 00 N 1NP t+UNPF-PD _AND F!512--iy SK Dollars as set forth r0L1-A4Z5 +Into apt-rrS. in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to vNV; W0p=1N'& completion within HMND12'Pp ( l0t?) consecutive i ^y5—' 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. 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ 1 Ste• Oa ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I 1 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 'h %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:1;*—'- A.. j.. 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 s • 1 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any parry who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 • , t of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By'�G ii4^ p•', O=Y •0. �� print name ITS: (circle one) Chairman/Preside ice Preside n print ITS: (circl ne ecret /Chief Financial Of Secretary - easur l he!S ►d o-A,4- REVIEWE AND APPROVED: City Administrate agree/forms/city const/4-03 21 ATTEST: Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: } irector of Pu lic Works rr•�C��t�n i NU CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angel On ® before me, Fritz Dow Coy Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Dunleavy, Presi z ma of igner(s)- 1 personally known to me ❑ proved to me on the basis of satisfactory evidence ------------------- FRITZ DOW COY Comm. # 1487737 3 NOTARY PUBLIC CALIFORNIA y ticLOS ANCGELES COUNTY My Comm. Expires MAY 4, 2000 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ignatu of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — L Limited C:,' General Ll: Attorney in Fact Trustee Guardian or Conservator C' Other: Signer Is Representing: Number of Pages: Top of thumb here_ © 1997 National Notary Association • 935D De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800 876-6827 SECTION C-A��&7- PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1.295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Old Bond in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ /S D• $ /S 17CO. 2 Traffic Control 1 L.S. $ $ q 3 Unclassified Excavation (0:75') 1,960 C.Y. $ $ 7 �. 4 Aggregate Base (0.5') 2,645 TON $ / . ' $ a�3 5 Asphalt Concrete (0.25') 1,323 TON $ $ S ' 6 Uniform Depth Cold Mill (0.1T) 177 S.Y. Q, ' 7 AC Inlay (0.1T) 20 TON S. 8 Remove and Construct Sidewalk 13,570 S.F. $ �* '� $ 81 D per City Standard Plan 207 M 9 Remove and Construct Curb and 3,400 L.F. $ $ �Co— Gutter per CityStandard Plan 202 0�01- 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface utilizing the "Vanguard" system 24 S.R. (��e 1 (;, ©� l I or a roved equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. �' o/ e!�Standard CityPlan 209 i C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. b 14. 4���� Plan 205 14 Re-establish Residential Lot 31 EA. $ ?M $ 8 Drain per City Plan 204 . �� 15 Remove Existing Tree 26 EA. $ $ 9o. '� $ c 8 W_ 16 Adjust Meter Box to Grade 38 EA M. 3,p, 17 24" Box Tree - Crape Myrtle 20 EA. $ A�' $ (Planted) , 18 24" Box Tree - Purple Leaf Plum 12 EA. $) (Planted) Ub 19 Construction Staking 1 L.S. $ 20 Monumentation Preservation 1 Subtotal for CC# 1295(in Numbers) Subtotal for CC# 1295 (in words) _ 5 W, t d", j ",6u - cn.E and xi 41�e Dollars Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantiq Unit Unit Price Total I Mobilization 1 L.S. $ o.$ (" 000. - 2 Traffic Control 1 L.S. $ $, 3 Uniform Depth Cold Mill 1,235 S.Y. $ �, $ 4 Variable Depth Cold Mill 969 S.Y. $ $ . 5 Unclassified Excavation 690 C.Y. $ (ep. $ 6 Aggregate Base 868 TON $ 3 . $ 7 A.C. Overlay/Inlay 452 TON $ go. . $ 8 A.C. Base Course 97 TON $ 15-F ' $ / 1 ��; 9 Asphalt Concrete 434 TON $ 90. $ v 10 Remove and Construct Sidewalk 2,301 S.F. $ 8 $ 8, q0 per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ i ')6 $ Gutter per City Plan 202 12 Remove and Construct $ $ Longitudinal Gutter over Aggregate Base per City Standard 3,523 S.F. y ��� 1 g J Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. �' r �/ 4c curb and gutter and detectable, warning truncated dome surface. 14 Remove and Construct Alley $ $ pproach per City Standard Plan 1,491 S.F. l 210 15 Install liquid applied detectable $ $ warning truncated dome surface utilizing the "Vanguard" system80, 24 S.F. or approved equal. C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 AdjustWater Valve Cover to 5 EA. $ �� $;� Grade JL 17 Adjust Sewer Manhole Frame 3 EA. $ ,✓ L) $ . and Cover to Grade 18 Remove Existing Tree 6 EA. $ 19 Adjust Existing Meter Box to 14 EA $ $ Grade 20 24" Box Tree - Tristania Laurina 7 EA. $ $ 3 (Planted) _5 21 Construction Staking 1 L.S. $% $ 22 Monumentation Preservation 1 L.S. $ $ Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = —141✓ AD ..4�i9:�r4l 1 r�l�,4a '1 *ollars and ��.�� Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ $ �-21i OC . Subtotal for CC#1295 (in words) _ -- f 5. ltv ✓ea� Dollars and 0,C ✓6 Cents i Subtotal for CC# 1309 (in Numbers) _ $ Subtotal for CC# 1309 (in words) _ /ee kupt:,r1il.-I -ec 0 e ' ollars and 7p v d Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) Total for CC# 1295 and CC# 1309 (in words) and vv vim/ - S JX Dollars Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class c W l al r By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ]Mf l , being first duly sworn, deposes and says that he or she is Pr�ida�? of kh*bl Paying Cn. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si 1W55 E. Imperial Hwy. WhIftier, CA 90605 Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC e ?,*yi G�Q V` A NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of MAY 3 :4 1001 On before me, Fritz Dow Coy Notary Public Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared Jim Dunleavy, President Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence FRITZ DOW COY Q Comm. # 1487737 m . HD NOTARY PUBLIC CALIFORN , Q LOS ANGELES COUNTY Z MY Comm. Explres MAY 4, 2008 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ali,n��Iubk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top of thUM5 here Corporate Officer — Title(s): Partner — CJ Limited C. General I:; Attorney in Fact Trustee E Guardian or Conservator L_' Other: Signer Is Representing: © 1997 National Notary Association •.9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod, No. 5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: MAY 31a 20V M b peft Pa tng C& Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: MAY 11,0 M Impeai Paving Co. r,nn+rartnr pnHwot Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: q)� knp"l Paving C0A Contractor By Title Date: MAY Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: =71 Bidder Name 13SSS E. ImpeMal li" Whltti ft CA MUM Business Address City, Telephone Number m� State Contractor's License No. and Class 7 Original Date Issued Expiration Date State Zip The work site was inspected by JOCe- eiC kf0A of our office on loak 23 .2007 The following are persons, firms, and corporations having a principal interest in this proposal: �--'177TV777 I� F C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company NAe Signature 7,der D , rVanum Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC /tZ /4f i g, C ke p NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 5 e-R- A tea C k pl Name and Address of Public Agency 2 9 Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Los Angeles ) On "AYs Q before me, Fritz Dow Coy Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Dunleav Pre ' dent Name(s) of Signer(s) 7 personally known to me ❑ proved to me on the basis of satisfactory evidence FRITZ DOW COY Comm. # 1487737 D t t t NOTARY PUBLIC CALIFORNIA D `;h LOS ANGELES COUNTY My Comm. Expires MAY 4, 2008 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu I �ryis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: L Individual _ 1 Corporate Officer — Title(s): Partner — [_' Limited E] General Attorney in Fact Trustee L,, Guardian or Conservator L: Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER © 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Toll -Free 1-800 876-6827 STATEMENT OF EXPERIENCE 1. Agency: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 Project: 2005/2006 ARHM Overlay Valuarion: $650,000.00 Completion Date: 3/30/07 Contact: Mike Lytar Phone Number: (760) 323-8253 x8734 2. Agency: City of Huntington Park 6550 Miles Ave Huntington Park, CA 90255 Project: Improvement of Pacific Blvd. Valuarion: $209,000.00 Completion Date: 3/30/07 Contact: Patrick Fu Phone Number: (323) 584-6253 3. Agency: City of Orange 300 E. Chapman Ave. Orange, CA 92866 Project: Santiago Right Turn Lane Improvements Valuarion: $125,000.00 Completion Date: 10/31/06 Contact: Randy Nguyen Phone Number: (714) 744-5531 4. Agency: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765-4178 Project: Neighborhood Traffic Management. Project Valuarion: $135,000.00 Completion Date: 10/31/06 Contact: Jorge Garcia Phone Number: (909) 839-7046 (562) 944-0975 • (714) 523-4492 •i (800) 634-3923 Fax (562) 944-0984 5. Agency: City of San Fernando 117 Macneil St. San Fernando, CA 91340-2993 Project: Library Street & Alley Improvements Valuarion: $335,000.00 Completion Date: 9/31/06 Contact: Manuel Fabian Phone Number: (818) 898-1243 (562) 944-0975 0 (714) 523-4492 • ) (800) 634-3923 * Fax (562) 944-0984 E THE AMERICAN INSTITUTE OF ARCHITECTS • • • KNOW ALL MEN BY THESE PRESENTS, that we Imperial Paving Company, Inc. 13555 E. Imperial Highway, Whittier, CA 90605 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA 1800 Sutter Street, Suite 735, Concord, CA 94520 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 200 Main Street Huntington Beach, CA 92648 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle Drive from Gentry Lane to Brimhall Lane and Normandy Lane from Shayne Drive to Myrtle Drive — Cash Contract No. CC#1295 And Roadway Improvements within the Oak View Area and Mandrell Drive from Oak Lane to Ash Street — Cash Contract No. CC#1309 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of May 2007 (Witness) (Witness) Imperial Pavinia COMDanv. Inc. (Principal) (Sea BY: (Title) The :/rantec Company of North America USA (Surety) (Seal) By: W' r in (Title) Attorney -in -Fact AIA DOCUMENT A310 . BID BOND . AWD . FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angel e-S On Lo-? , before me, Fritz Dow Coy Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Dunleavk, President ,00lflame(s) of Signer(s) j personally known to me ❑ proved to me on the basis of satisfactory evidence FRITZ DOW COY J4 Comm. u 1487737 D 7NOTARY PUSLIC CALIFORNIA D LOS ANGELES COUNTY h, My COMM, Ex0I1`44 MAY 4.2008 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) acied, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above E�Sgo�P.bfic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: %_: Individual F i Corporate Officer — Title(s): Partner Limited Ci General Ci Attorney in Fact Trustee _i Guardian or Conservator CJ Other: Signer Is Representing: Number of Pages: tD 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder. Call Toll -Free 1-800-876-6827 S I ATf: OF California COUNTY OF Orange On_----95/30/07 - PERSONALLYAPPEARED SS. before rne, . R. Haas -Bates, Notary Public William Svrkin personally known to rne xXj(1X=) to be the persoir&) whose name(X) islAW subscribed to the within instrument and acknowledged to me that heLs*>tWxxe_re(:uted the same in hlslhcje cgattthorized capacity( ). and that byv hisl** i- signature(. on the instrument the person(s4, or the entiti upon behalf of which the person(,k acted, executed the instrument. 1,V17 NL•:SS m.), hand and official seal. OPTIONAL Vo R. HAAS—BATES 0 COMMA. # 1473993 NOTARY PUBLIC-CALIFORNIA G ORANGE COUNTY COMM. EXP. MARCH 2, 2008 -A 19 This area for Of ftcial Notarial Seal 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 !El CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENTITY(Es) ID-1232 (REV. 5/01) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGE DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledgedby its regularly elected officers at the principal office. The Power of Attorney is executed and maybe certified so, and maybe revoked, pursuant to and by authority of Article IX, Section 9.03,of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the Wt day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: i. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed' by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA TEE has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this end day of June, 2oo6. off, THE GUARANTEE COMPANY OF NORTH AMERICA USA State of Michigan County of Oakland. Stephen Dullard, Vice President On this 2md day of June, 2oo6 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27 2012� Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 30tn day of May 2007. OJ TEEyk O T yin, wat�`�r Randall Musselman, Secretary STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NR 08305 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA Of Michigan organized under the laws of Michigan , subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 20 th day of December 2006 , 1 have hereunto set my hand and caused my official seal to be affixed this 20th day of December 2006 John Garamendi Insurance Commissioner By Patricia gg for Richard D. Baum mjpxqp Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority_ Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CRJ OSP 00 39391 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) i . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract') for the construction of the public work of improvement entitled: (the "Project'). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 APPROVED AS TO FORM By: A,-n! Vf s1 1 -7/6 11J 3 Zo ot� Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at , California. (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] M ILA7AI � yvi, CTIY ATTORNEY 147542A Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_____, at , California. (Type Contractor Name) By: Name: [Type Name] c�3RA Title: [Type Title] E 1 IF tR oRNEX -P-) 3-_2�6-UP 1 245911-1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: +Srdi idenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for &A�1- ,—..,,-ny Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maint nance Bond No. M&,Y,- &A8 Re: Tract No. CC No. MSC No. Approved I 0079 (Council Approva Date) Agenda Item No. City Clerk Vault No. � a t- 6 //e/� � — #27 g:/followup/hondletter doc k_ . Premium: $ 10,048.00 The Guarantee Company of North America USA 1000 Town Center, Suite 1800, Southfield, MI 48075 PERFORMANCE BOND BOND NO.: 12043799 Premium is for Contract Term and is subject to adjustment based on Final Contract Price KNOW ALL MEN BY THESE PRESENTS, That we, Imperial Paving Company, Inc. As Principal, and The Guarantee Company of North America USA, a Michigan Corporation, as Surety, are held and firmly bound unto City of Huntington Beach As Obligee, in the sum of One Million Five Thousand Nine Hundred Forty Six & no/100 ($ 1,005,946.00 ) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the day of , the Principal entered into a contract with the Obligee for Street Rehabilitation of Myrtle Drive; CC No. 1295 and Roadway Improvements within the Oak View Area and Mandrell Drive; CC No.1309 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said Contract in accordance with the plans, specifications and terms thereof, then this obligation shall be void; otherwise, it shall remain in full force and effect. Sealed with our Seals and Dated this By The Guara day of July, 2007. Princi �i'�eS� (1�►'I� pany of North America USA By. — William yrki , Attorney -In -Fact API' OVI✓):� S "1 � ItM JE IF I2 McGRA ,City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angel On /C�� before me, Fritz Dow Coy Notary Public Dale Name and Title of Officer (e.g.. 'Jane Doe, Notary Public') personally appeared Jim Dun FRITZ DOW COY Q _ COMM. # 1487737 D co ""9� NOTARY PUBLIC CALIFORNIA Q Q LOS ANGELES COUNTYIL t MY Comm. Expires MAY 4, 2008 Place Notary Seal Above of mgneris) Ypersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ignatw ry Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual -- Top of thtmlb hare Corporate Officer — Title(s): Partner — Limited Ci General Attorney in Fact _= Trustee Guardian or Conservator _! Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave.. P.O 80K 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-B00 B76-6827 y.; ,S' j-ATF. Of, California } SS_ COUNTY OF Orange Ji 07/17/07 R. Haas -Bates, Notary Public On.... --__.before nre, -_ _._....--. PERSONALLYAPPEARED William Syrkin personally kno11 n to the �aX�2a�acasdc»a � ati i��rxi7 e gXklxMc) to he the personk) whose nanre(x) isfAw:.Yuhscribcd to the within instrument and acknowledged to me that he1,4xWxxexec11ted the .same in hi.sIIX-k gr�authorized capacin'( ), and that lnv his'*M*1MV' - si,griarnre(.k on the instrument the per.Yon(4, or the entity upon behalf of which the person(.k acted, executed the instrtanent- IVITNESS no hand and official seal. OPTIONAL 6 R. HAAS-BATES COMM. # 1473993 NOTARY PUBLIC-CAUFORNIA 0 ORANGE COUNTY COMM. EXP. MARCH 2, 2008 -+ This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER PARTNER(S) ❑ LIMITED ❑ GENERAL !_1 AT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME Or PERSONf SI OR ENTITY(IES) ID-1232 (REV- 5i01 ) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGN ALL-PURPOSE ACKNOWLEDGEMENT OTHER THAN NAMED ABOVE THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s, day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at anytime, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31-t day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA d,NTEE has caused this instrument to be signed and its corporate seal to be affixed by its authorized o `O4 officer, this end day of June, 2oo6. o„ ��� THE GUARANTEE COMPANY OF NORTH AMERICA USA State of Michigan, - County of Oakland Stephen Dullard, Vice President On this 2md day of June, 2oo6 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland •< "� } =` My Commission ExpiresFebrua 27,2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1 Mtn day of July 20 07 se NTEEC OJ °o . sORi, ANER�' Randall Musselman, Secretary STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 08305 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA Of Michigan , organized under the laws of Michigan , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 20th day of December 2006 , I have hereunto set my hand and caused my official seal to be affixed this 20th day of December 2006 John Garamendi Insurance Commissioner By Patricia K'�s for Richard D. Baum Dip" Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM C&) A OSP 00 39391 The Guarantee Company of North America USA 1000 Town Center, Suite 1800, Southfield, MI 48075 PAYMENT BOND Premium included in Performance Bond BOND NO.: 12043799 KNOW ALL MEN BY THESE PRESENTS, That we, Imperial Paving Company, Inc. As Principal, and The Guarantee Company of North America USA, a Michigan Corporation, as Surety, are held and firmly bound unto City of Huntington Beach As Obligee, in the sum of One Million Five Thousand Nine Hundred Forty Six & no/100 ($ 1,005,946.00) Dollars for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the day of , the Principal entered into a contract with the Obligee for Street Rehabilitation of Myrtle Drive; CC No. 1295 and Roadway Improvements within the Oak View Area and Mandrell Drive; CC No.1309 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. 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 Principal, in the performance of said Contract, we agreeing that his bond shall be for the benefit of any sub- contractor, materialman, or laborer having a just claim, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following condition: No suit or action shall be commenced hereunder by any claimant. a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. b) Other than in a state of 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 17th day of July, 2007. AP V�-E-I3 � ERM J tF1 McGItATH, Ci Attorney �1v(C17 Principal The Guara4yee Company of North CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles I On Ak-) before me, Fritz Dow Coy Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Dunleav Pr'dent- 7 Name(s) of Signer(s) j personally known to me ❑ proved to me on the basis of satisfactory evidence FRITZ DOW COY Comm. # 1487737 Y m & NOTARY PUBLIC CALIFORNIA Q LOS ANGELES COUNTY My Gomm. Expires MAY 4, 2008 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �Si�natotCryPublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual - Top of thumb hdn3 C=7 Corporate Officer — Title(s): Partner —%' Limited ❑ General Attorney in Fact Trustee L Guardian or Conservator _-' Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free t-800 876-6827 STATE- OF California j SS. COUNTY' OF Orange J On 07/17/07 before ane, R. Haas -Bates, NotaryPublic ___...._ PE'RSONALLYAPPEARED William Syrkin personcalll' knowad to nae ka��¢raao�icsQ9fx Xx> ixMX) to he the personas) whose name(x) 64m subscribed to the within instrument and ackrunaledged to me that hel*WA� C.xesecuted the same in his/hckkgykaanh0rized capacitr&ttx), and that be hisl*m*brX- signanare(.k on the instrument the person(V. or the entih: capon behalf of which the persono-d acted, executed the instruanent. IVITN! S.S na1 hand and official seal- R. HAAS-BATES V COMM. # 1473M NOTARYORANGE COUNTY COMM. EXP. MARCH 1 2W8 -+ This urea"for OJficiul Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) 0 LIMITED 71 GENERAL l ATTORNEY -IN -FACT I TRUSTEE(S) GUARDIAN/CONSERVATOR Ll OTHER: _ SIGNER IS REPRESENTING: 1ADdE OF PF?SON(SI OR ENTITY(IESI TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE D-'-' `' `RE`' '�0'' ALL-PURPOSE ACKNOWLEDGEMENT ' THE GUARANTEE COMPANY OF NORTH AMERICA USA a. Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-Fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article M Section 9.o3 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: i. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at anytime, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 311, day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA TEE has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this end day of June, 2oo6. THE GUARANTEE COMPANY OF NORTH AMERICA USA AYE"' P . State of Michigan<~ / County of Oakland Stephen Dullard, Vice President On this 2md day of June, 2oo6 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27 2oi2 J �� Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 17th day of July 20 07 TEEC y�7h AMEa�' Randall Musselman, Secretary il STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 08305 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA Of Michigan , organized under the laws of Michigan subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in jitil compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 20 th day of December 2006 , 1 have hereunto set my hand and caused my official .seal to be affixed this 20th day of December 2006 John Garamendi Insurance Commissioner By J Patricia K'�s for Richard D. Baum asp., Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM M) "� OSP 00 39391 ,AC0�4 L CER 'IFICATE OF LIABILITY INSURANCE o%ioizooi PRODUCER (949)857-4500 FAX (949)857-4800 Millennium Risk Management & Insurance Services License # OC13480 5S30 Trabuco Road Irvine, CA 92620 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Imperial Paving Company Inc. PO' BOX ' 4008 Whittier, CA 90605 INSURER A: Travelers P & C Company of Ame INSURER B: INSURER C: INSURERD: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, OO FIRE DAMAGE (Any one fiire) $ 50,000 X COMMERCIAL GENERAL LIABILITY C0652SC489TOL07 07/01/2007 07/01/2008 CLAIMS MADE 1 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY P COT LOC AUTOMOBILE LIABILITY ANY AUTO 8106S25C489TOL07 07/01/2007 07/01/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: qGG EXCESS LIABILITY OCCUR CLAIMS MADE 7 J jr iV c i i TH, i Att me ,26' "7 EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X I TORY LIMITS ER B EMPLOYERS'LIABILITY UMB6S2SC489TILO7 07/01/2007 07/01/2008. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT .$ j,000,000 -7 OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as Additional Insured as respects General Liability per endorsement attached. RE: CC No.'s 1295 & 1309, Street Rehabilitation of Myrtle Drive and Roadway Improvements within the Oak View area and Mandrell Drive *10 day notice of cancellation in the event of non-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Huntington Beach it's agents, officers and employees. 2000 Main Street P.O. Box 190 Huntiongton Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TA COMPANY, ITS AUTHORIZED REP TATNE Leonard n n IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY NUMBER: C06525C489TOL07 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 07-01-2006 THIS ENDORSEMENT CHAN ES THE POLICY. PLEASE HEAD IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS) OR ORGANIZATiON(S): City of Huntington Beach, it's 2000 Main Street PO. Box 190 Huntington Beach, CA 92648 agents, officers, and employees PROJECT&OCATION OF COVERED OPERATIONS: CC No.'s 1295 & 1309, Street rehabilitation of Myrtle Drive and Roadway Improvements within the Oak View area and Mandrell Drive 1. WHO IS AN INSURED — (Section 11) is amended b) The insurance provided to the additional In- to include the person or organization shown in the sured does not apply to "bodily injury", "prop - Schedule above, but: erty damage" or "personal Injury' ariaing out a) Only with respect to liability for "bodily Injury', of the rendering of, or failure to render, any "property damage" or "personal Injury"; and professtonal architectural, engineering or sur- veying services, including: b) if, and only to the extent that, the Injury or damage is caused by acts or omissions of L The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw- Inge, opinions, reports, surveys, field or- ofF'yaur work• on or far the project, or at the -(ooatlon. shown In the Schedule. The person dens o change orders, or the preparing, or organization does not qualify as an addi- i prepare or op- approving, or failing tional Insured with respect to the independent prove, drawings and specifications* and a acts or omissions of such person or organize- 11. Supervisory, Inspection, architectural or tion. engineering aotl4ee. 2. The insurance provided to the additional insured c) The insurance provided to the additional In - by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work' this Coverage Part shown In the Declarations and included in the "products -completed op - exceed the limits of liability required by a erations hazard" unless a "written contract 'written contract requiring insurance" for that requiring ineurance" specifically requires you additional insured, the Insurance provided to to provide such coverage for that additional the additional Insured shall be limited to the Insured, and then the insurance provided to limits of liability required by that *written con- the additional insured applies only to such tract requiring insurance". This endorsement tract injury" or "property damage" that oc- p g shall not increase. the limits of insurance de- curs before the end of the period of time for which the "written contract requiring 'Insur- In Section III —Limits Of Insurance, ance" ance" requires you to provide such coverage CG D2 47 08 06 - 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers -that -person or organi- zation as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and U "The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and li. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal .injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05 Council/Agency Meeting Held: / A00 ' Deferred/Continued to: )1 Approved Conditional) Approve ❑ Denied City rk's gnatur yj Council Meeting Date: 6/18/2007 Department ID Number: PW 07-030 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONOBLE MAYO AN ITY O IL MEMBERS SUBMITTED BY: PEN�LOPE C BRETH-GRAFT, DPA, CITY -ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRtCTOR OF UBLIC WO SUBJECT: Award Construction Contract for the Street Rehabilitation of Myrtle Drive and Normandy Lane, CC-1295 and Roadway Improvements within Oak View Area and Mandrell Drive, CC-1309 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On May 30, 2007, bids were opened for the Street Rehabilitation of Myrtle Drive and Normandy Lane, CC-1295 and Roadway Improvements within Oak View Area and Mandrell Drive, CC-1309. Staff requests that City Council award the contract to Imperial Paving Co., the lowest responsive and responsible bidder. Funding Source: Funds for the Myrtle Drive and Normandy Lane Improvements, CC- 1295, are budgeted from Gas Tax, Sidewalk Improvements, Street Improvements, 20790001.82300. Funds for the Oakview Area and Mandrell Drive Improvements, CC-1309, are budgeted from merged Redevelopment Agency Fund, Street Improvements, 30590006.82300. The engineer's cost estimate for the combined projects was $1,270,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Street Rehabilitation of Myrtle Drive and Normandy Lane, CC-1295 and Roadway Improvements within Oak View Area and Mandrell Drive, CC-1309; 2. Accept the lowest responsive and responsible bid submitted by Imperial Paving Co., in the amount of $1,005,946.00; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: PW 07-030 Analysis: The residents of Myrtle Drive and Normandy Lane have petitioned the City to address tree replacement as well as drainage problems on the streets where excessive ponding occurs within the right-of-way. Myrtle Drive and Normandy Lane are No. 1 and No. 2 on the existing Tree Petition List. The street rehabilitation of Myrtle Drive and Normandy Lane will include full pavement reconstruction, replacement of the existing curb, gutter, sidewalk and driveway aprons, as well as the adjustment of existing water valves, manholes and similar appurtenances. Street trees will be removed and replaced as appropriate. The improvements within Oakview area and Mandrell Drive are needed to assist with water flow to the storm drains. Level sidewalks will enhance pedestrian access. The roadway improvements of Oakview area and Mandrell Drive will include selective pavement reconstruction, repair or replacement of the existing concrete drainage swales at the centerline of the roadways, as well as replacement of portions of existing curb, gutter, sidewalk and the adjustment of existing water valves, manholes and similar appurtenances. Bids were opened publicly on May 30, 2007, and are listed in ascending order: Bidding Contractor Bid Amount Imperial Paving Co. $1,005,946.00 EBS $1,022,000.00 Nobest Incorporated $1,022,002.00 Alliance Streetworks $1,065,406.00 All American Asphalt $1,096,096.00 Hardy & Harper, Inc. $1,099,000.00 Shawnan $1,102,903.00 Excel Paving $1,125,131.50 Los Angeles Engineering $1,138,502.50 RJ Noble Company $1,234,672.00 LH Engineering Co., Inc. $1,265,678.00 Therefore, staff recommends award of the project to Imperial Paving Co., in the amount of $1,005,946.00. Project costs include project management, inspection and supplemental expenses. The total estimated cost is $1.15 million. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on April 18, 2007, with a vote of 6-0-1. (Commissioner Rivera was absent) -2- 5/31/2007 9:48 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: PW 07-030 Environmental Status: The work will be within existing right-of-way and on existing City facilities and is categorically exempt under CEQA section 15301(c) and filed with the County of Orange on May 17, 2007. Attachment(s): -3- 5/31/2007 9:48 AM ATTACHMENT #1 MYRTLE DRIVE AND NORMANDY LANE IMPROVEMENTS, CC 1295 Fs CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS OAKVIEW AREA AND MANDRELL DRIVE IMPROVEMENTS CC :1309 •�. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for Myrtle Dr/Normandy Ln, CC-1295; Oak View Area/Mandrel) Dr, CC-1309 COUNCIL MEETING DATE: .tune 18, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: D.Erdman:jg 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 issue of said newspaper to wit the Issue(s) of: MAY 10,17,24,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 2 4, 2 0 0 7 at Costa Mesa, California. SignatureIFF of —equal -value r to`me l SECTION A NOTICE INVITING retention in accordance SEALED BIDS for the STREET I with the provisions of the. BY ORDER of the CITY ;`California Government COUNCIL of the CITY OF,, REHABILTTATIONofMYRTLE{'Code, Section .4590. The HUNTINGTON BEACH„ DRIVE hom GENTRY LANE Contractor shall be beneh CALIFORNIA, the 5th day' cial owner of the surety of September 20pG, by TO BRIMHAU LANE And and shall receive any in Resolution No. 21XI6-56. NORMANDY LANE From I thThe he NCY hereby et- , Attest - /s�'Jomr L Flynn l SHACNE DRTE LO Nl1fRT1,I frmatively 'ensures that CITY CLERK OF THE CITY minority business .enter- i OF HUNTINGTON BEACH prises will be afforded full II Published Huntington DRIVE CASH CONTRACT k, opportunity to submit bids I Beach Independent May C01295 And ROADWAY in response to this notice '-1.0,17, 2a, 2007, _ 052-408; HAPROVEMENTSwithinthe and will' not be dis- criminated against on the! OAK VIEW AREA alit . basis, of: race, color, na- 1 MANDRELL DRIVE Tian OAK tional origin,, .'ancestry, LAKE TO ASH STREET CASH onsiderationigi leading a to! CONTRACT No. CC#130y the award of contract l No bid shall be consid-! in the CITY OF ered unless it is prepared HUNTINGTON BEACH on the approved Proposall PUBLIC NOTICE IS ` forms in conformance, . JHEREBY GIVEN than, thei with the. Instructions- to� ,CITY * OF HUNTINGTON Bidders. The bid must, be ,BEACH, as AGENCY, in accompanted, by a cer-I vites sealed bids for the ,tified check, cashier's above stated projects and check, or bidder's bond will receive such bids in made .payable to 'the the office of the City AGENCY: for,an amount Clerk, Second Floor, 2000 less than 10% uc i that Main Street, ' Huntington amount bid. The success - Beach, California 92648, ful bidder shall`be licensed up to the hour of 200� in,accordance with provi- ;P.M. on , Wednesday, eons of the Business_ and iMay 30, 2b07. Bids will 'Professiops Code and shall be publicly' open in the .possess a State Contrac- [Council Chambers unless tiLicense Class at the^I time otherwise posted me of the bid opening l Copies of .the Plans, The successful Contractor) Specifications, and con and his subcontractors twill be.required to possess tract documents are avail- business Ncenses from the i able from the Office of AGENCY. i the' Director of Public MYRTLE DRIVE and ' Works, 2000' Main Street, NORMANDY LANE Street' Huntington Beach, CA I 92648; upon payment of RehaI5lUtatlon 'Thal a $45.1)D nonrefundable project consists. primarily tee if picked up, or pay- of tree removals, roadway, merit of a $55.00 non removal and recon- refundable fee ''d mailedstruction, removal and mailed ' via dab Postal Service, construction of concrete FedEx, 'UPS or any other curb and, gutter, concrete delivery service: sidewalk, curb access Any contract entered in- ramps, concrete cross to pursuant to this noticegutters and residential will incorporate the provi, j driveway approaches. sions of the State Labor Oak View Area and Code. Pursuant to the Mandrel Drive Roadway j Improvements- The provisions of the Labor protect consists primarily Code of the State of California, the minimum in tree removals, perform - prevailing rate of per diem rig Ali Base repairs, wages for each craft, Coldmilling, 'AC `Overlays classification 'or type of and inlays, roadway re workman needed to ex- moval and reconstruction, ute the contract shall removal and construction ac ec th• mined by of concrete curb and gut. ter, concrete sidewalk; ,the Directo id.jlndustrial curb access ramps, con Relations: of?fiie State of Crete cross gutters, -;con California, which are on crate swales, and alley file at the Office of the approaches., Director . of Public Works, The project schedule is ' 2000 Main Street, Hun- 100 ng , 'tington'Beach, CA 92648. The AGENCY- reserves The AGENCY will deduct 1 the right to reject any or a 10% retention from all all bids, to waive any progress payments. The ! irregularity and to take all Contractor may substitute bids under advisement for a,__escrow holder surety i a'maximum period of 60 days.___ — — 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 issue of said newspaper to wit the Issue(s) of: MAY 10,17,24,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 2 4, 2 0 0 7 at Costa Mesa, California. WON0�- Signature SECTION A NOTKE INVIfINGIof 0--1 value ti tne� — Iretention m accordance BY ORDER, of the CITY SEALED. BIDS for the STREET with the provisions of the COUNCIL of the CITY ,oF REHABRITATIONOfINYRTLE Cod , S c Government. HUNTINGTON .BEACH;, Code, Section 4590i The CALIFORNIA, the 5th day I DRIVE from GENTRY LANE ;Contractor shall he surety of September 2006, by TO BRIMHALL LANE And an owner c i the surety Resolution No, 2006-56. , l and shall receive any in- NORMANDY LANE Rn terest thereon. Attest 1 The AGENCY hereby af- /s/ JamFlyrm I SHAYNE DRIVE TO MYRTLE j CITY CLERK OF THE CITY firmatively ensures that , OF HUNTINGTON BEACH minority business enter- Published Huntington DRIVE CASH CONTRACT N0. Prises will be afforded full Beach Independent May opportunity to submit bids i 10. 17. 24. 2007 052AO8 CC#1295 And ROADWAY in response to this notice UAPROVE uvsT itie a and will not be dis- criminated against on the OAKVIEWAREAmId basis of race, color, na- MANDRELL DRIVE km OAK., tional , origin,, ancestry, LANE TO ASH STREET CASH I sex, or ionreligionle m any consideration 'leading to CONTRACT k CC#13" ! the award of contract. No bid shall -be consid- In the CITY Of ered unless it is prepared HUNTINGTON BEACH on the approved Proposal PUBLIC NOTICE IS forms in conformance HEREBY GIVEN that the - with the Instructions to CrFY OF HUNTINGTON Bidders. The bid must be� I BEACH; as 'AGENCY, in- accompanied by a cer vites sealed bids for the tified check, cashier's above stated projects and check, or bidder's bond - will receive such bids :in made. payable to the l the office. of the City AGENCY for an amount no 1 less than 10% of the I Clerk, Second Floor, 2000 amount bid. The success - Main Street Huntington ful bidder shall be licensed Beach, California 92648,1 in accordance with provi- up to the hour of 2-W! lions of the Business and May 30, 2007: Bids will on Wednesday professions Code and shah May ll 1 possess a State Contr c- be publicly ,open in thel tor's License Class at the Council Chambers unless time of the bid opening. otherwise posted. The successful Contractor; Copies of the Plans and his subcontractors l Specifications, and con- will be required to possess -tract documents are 'avail- business licenses from the l able from the Office of AGENCY.. ,. the Director of Public MYRTLE DRIVE and, Works, 2000 Main Street, NORMANDY LANE Street Huntington Beach, CA Rehabilitation : Thel 92648, upon payment of project consists primarily a $45.00 nonrefundable of tree removals, roadway) fee if picked up, or pay- removal and recon- ment of a $55.00 non- refundable fee if mailed 'struction, removal and 'construction of 'concrete; via U.S. Postal Service, curb and gutter, concretes FedEx, UPS or any other sidewalk, curb access! delivery service. ramps, concrete cross Any contract entered ice gutters and residential to pursuant to this .notice wi driveway approaches. wilt incorporate the provi- Oak View Area �I sions of the Ma State Labor � ndn ill nrive Roadvvayll Code. Pursuant to the Imerovements: The provisions of.' the Labor project consists primarily Code of the State of of tree removals, perform - California, the, minimum ing AC Base repairs, prevailing rate of per,diem Coldmilling, AC' Overlays wages • for each craft, and Inlays, roadway re classification or type of moval 'and reconstruction, workman needed to ex- removal and construction ecute the contract. shall of concrete curb and gut be those determined by ter, concrete sidewalk, the Director of Industrial curb, access ramps, con - Relations of the State of crete cross gutters, con - California, which are on crate swales, and alley Ale at the Office of the approaches. Director of Public Works, The project schedule is 2DOO Main - Street, Hun- li 100 werkingdays• 'tington Beach, CA 92648: The AGENCY reserves The AGENCY will deduct the right ,to reject any or a 10% retention from all all bids, ,to waive any progress payments. The irregularity and to take all lContractor may substitute I bids under advisement for an escrow. holder _ surety a maximum period of 60 � ()210)0bp NORMANDY LANE & MYRTLE DRIVE CC# 1295 OAK VIEW AREA and MANDRELL DRIVE, CC# 1309 Organization/Division �---� All American Asphalt Contact: Ashley Protti Capacity: General Contractor Alliance Streetworks Contact: Mindy Johnston Capacity: Not Specified Buso Constructors Contact: Capacity: Not Specified Damon Const. Co. Contact: Margaret Ann Rullo Capacity: General Contractor -= EBS Contact: David Reynolds Capacity: General Contractor —,-Excel Paving Contact: Capacity: General Contractor Hardy & Harper, Inc. Contact: Dan Maas Capacity: General Contractor ---s IMPERIAL PAVING CO. Contact: GORDON KLINE Capacity: General Contractor LH Engineering Co., Inc. Contact: Capacity: General Contractor -- Los Angeles Engineerin Contact: Reza Afshar Capacity: General Contractor Nobest Incorporated Contact: Mike Lewis Capacity: General Contractor Pavement Recycling Systems, Contact: Lisa Elder Capacity: General Contractor RJ Noble Company Contact: Ryan Overman Capacity: General Contractor Shawnan Contact: Capacity: General Contractor Steven's Tree Experts Contact: Felipe Flores Capacity: General Contractor SULLY MILLER CONTRACTING COMPANY ESTIMATING Contact: RON SALCIDO Capacity: General Contractor Travers Tree Service Contact: Capacity: General Contractor Bid Amount Rank -5. 2001 MAY 30 PH 2: 00 jj 10 :Z j1d 0 C U14 LOOZ 200714AY 30 PM 1: 50 t-11, U.N T I H I SECTION A NOTICE INVITING SEALED BIDS for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Wednesday, May 30, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. A-t The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. MRTYLE DRIVE and NORMANDY LANE Street Rehabilitation: The project consists primarily of tree removals, roadway removal and reconstruction, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters and residential driveway approaches. Oak View Area and Mandrell Drive Roadway Improvements: The project consists primarily of tree removals, performing AC Base repairs, Coldmilling, AC Overlays and Inlays, roadway removal and reconstruction, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters, concrete swales, and alley approaches. The project schedule is 100 working days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by Resolution No. 2006-56. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION A NOTICE INVITING SEALED BIDS for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Wednesday, May 30, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. A-1 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. MRTYLE DRIVE and NORMANDY LANE Street Rehabilitation: The project consists primarily of tree removals, roadway removal and reconstruction, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters and residential driveway approaches. Oak View Area and Mandrell Drive Roadway Improvements: The project consists primarily of tree removals, performing AC Base repairs, Coldmilling, AC Overlays and Inlays, roadway removal and reconstruction, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters, concrete swales, and alley approaches. The project schedule is 100 working days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by Resolution No. 2006-56. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 JJ CITY OF HUNTINGTON BEACH 2000 P.O Huntington LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Main Street Box 1 90 Beach, CA 92 64 8 Fax (714) 374-1573 Date: May 4, 2007 Project/C.C. No.: C.C. No. 1295 & C.C. No. 1309 Regarding: Myrtle/Normandylmprovemen Oakview Area Improvements ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # " Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 Myrtle/Normandy Improvements, CC-1295 & Oakview Area and Mandrell Drive Improvements, CC-1309 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 5/10/07 & 5/17/07, and 5/24/07. Bid opening is scheduled for 5/30/07 @ 2:00 pm. Note these two CC#s are being bid as a single project. Please contact me at 374-1735 with any questions you may have. c: file By: ; Douglas A. Erdman, Kssociate Civil Engineer GACONSTRUCTION CONTRACTS (CCS) \CCI3O9\JOB HOUSE\NISB TRANSMITAL TO CLERK CC-1295 AND 1309.DOc UNSUCCESSFUL BIDS CC-1295 Street Rehabilitation of Myrtle Drive from Gentry Lane to Brimhall/Normandy Lane CC-13 09 Roadway Improvements Within the Oakview Area City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 EBS Inc 1320 E Sixth, Suite 100 Corona, CA 92879 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn - City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waltakere, New Zealand (Telephone: 714-536-5227 ) o Q INC. ELITE BOBCAT SERVICE GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 - CORONA, CA 92879 Tel: (951) 279-6869 - FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main St, FL 2 Huntington Beach, CA 92648 SEALED B1D FOR Street Rehabilitation of Myrtle Drive and Normandy Lane Due: 05/30/07 @ 2:00 PM «,3 CD m A L-�.� /-� s- O� r SECTION C r PROPOSAL r for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMH ALL LANE N And NORtiIANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE N From OAK LAME TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. bidder's 10% of amount Accompanying this proposal of bid, find bond in the amount of S bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified ' Check", or "Bidder's Bond", -as the case may be). ' Bidder shall siznify receipt of all Addenda here, if any: 11 Addenda No. i Date Received I Bidder's Signature 11 C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORIMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I IVlobilization 1 L.S. $ f�, $ 2 Traffic Control 1 L.S. $ ?4 V6 $ Zeq 40 3Z 3 Unclassified Excavation (0.75') 1,960 C.Y. $ -34 !�W $ Jp 520-ao 4 Aggregate Base (0.5) 2,645 TON $ 3a l9 $ %f 3 S'n 5 Asphalt Concrete (0.25') 1,323 TON $ ;IS- 6 Uniform Depth Cold Mill (0. IT) 177 S.Y. 7,5' _ 1 � 7 AC Inlay (0.171) 20 TON 92 6 > 8 Remove and Construct Sidewalk 13,570 S.F. $ S $ %3"d� City Standard Plan 207 --per 9 Remove and Construct Curb and 3,400 L.F. $ �d� $ DO/ Gutter per City Standard Plan 202 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. 3� 3S curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface utilizing the "Vanguard" system 24 S.F.. 4�00— y'Q or approved equal. 12 ! Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. �7Z� City Standard Plan 209 C-1 I CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of NIRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 1 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. j Plan 205 14 Re-establish Residential Lot 31 EA. $ r S� $ y6, Drain per City Plan 204 15 Remove Existing Tree 26 EA. $ 5"_Q_9_ $ 39, Gld% 16 Adjust Meter Box to Grade 38 EA gS" 3, Z 30 17 24" Box Tree - Crape Myrtle 20 EA. $ S'S� 9-0$ // G�14 18 24" Box Tree - Purple Leaf Plum 12 EA. $b $ (Planted) 19 Construction Staking 1 L.S. $ /Y 20 Monumentation Preservation 1 L.S. $ JqZ, f y' $ 976 `1' Subtotal for CC# 1295(in Numbers) Subtotal for CC# 1295 (in words) _ and v,��'lC� j % J� 1:;�I�/lam i9il/. /%d f,;Z—FAI- Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ / S`00fI-� $ /rJAV i 2 Traffic Control 1 L.S. $ A0, $ 2 MA -fa 3 Uniform Depth Cold Nlill 1,233 S.Y. $ , 20 $ 4 Variable Depth Cold Mill 969 S.Y. $ Co. zd $ do 5 Unclassified Excavation 690 C.Y. $ p $ 3$ 6 Aggregate Base 868 TON $ " $ 7 A.C. Overlay/Inlay 452 TON $ j $ y a 8 A.C. Base Course 97 TON $ 90` $ 9 Asphalt Concrete 434 TON $ $ g S"W- 10 Remove and Construct Sidewalk 2,301 S.F. $ $ per City Standard Plan 207w�® j 11 Remove and Construct Curb and 1,312 L.F. -:? yj/� Gutter per City Plan 202� 1.2 Remove and Construct $ $ Longitudinal Gutter over 3,5�2 3 S.F. Aggregate Base per City Standard A �� ®� `�� �✓ Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent curb and gutter and detectable 2 EA. warning truncated dome surface. / I 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. �7 `elll 210 15 Install liquid applied detectable $ $ warning truncated dome surface utilizing the "Vanguard" system "4 I S.F. J or approved equal. C -3 I CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET 'CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. Grade 1 17 Adjust Sewer Manhole Frame EA. and Cover to Grade t3 Remove Existing Tree 6 EA. $ /fit} ' $ 19 Adjust Existing Meter Box to t4 EA $ ' Z/�� $ Grade 20 24" Box Tree - Tristania Laurina 7 EA (Planted) 2t Coostructiosw, Stakiny, I L.S. $ i. �,`�� $ /2°'. r&O-CX 22 Nfonumentation Preservation 1 L.S. $ (B A-= $ /wtg Subtotal for CC" 1309 (in Numbers) _ $ -3 2 7IV, p"p/ Subtotal for CC# 1309 (in words) = f•�'� 1��G'�/l�f "� 2��1'l ��a�/.�i�/l�� Deli C -J CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC41295 (in words) _ %��,�1� a and 0AX2 Subtotal for CC# 1309 (in Numbers) Subtotal for CC# 1309 (in words) _ G /-19/�o 4--W� X " NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) = S ,/B 0127— 1 0W, eo Total for CC# 1295 and CC# 1309 (in words) _ Dollars and -Cents C LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion ,Varne and address of Subcontractor State License Class of Work iYumber d� �_Cyz 'V aln1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 1 I I I I NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Joseph A. Nanci , being first duly sworn, deposes and says that he or she is President of Elite Bobcat Service, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ISubscribed and sworn to before me this ?--II NOTARY PUBLIC Joseph A. Nanci Name of 7!zl� Signature 1320 E. 6th St #100, Corona, CA 92879 Address of Bidder day of f-kA^A 20 673-. .... CLAUM HERNANDEZ COMM. 01728072 NOTARYA"•CA FMik WPM COUNW M1 CWft1 A 2. 20' - NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SH AYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: .A person who, by reason of experience or instruction, is familiar with the operation to be performed and the halards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions �erein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 05/24/2007 Elite Bobcat Service, Inc. Contractor By Title President C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer -of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation'? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 05/24/2007 Elite Bobcat Service, Inc. Contractor By President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification iYumber: Elite Bobcat Service, Inc. Contractor By President Title Date: 05/24/2007 Note: This form is required for every Dig Alert Identification 1Yuniber issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E. 6th St #100 Business Address Corona CA 92879 City, State Zip ( 951 ) 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2008 Expiration Date The work site was inspected by Joe Nanci of our office on May zz , 20 07 The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Nanci, President / Secretary / Treasurer / Manager C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, Inc. Company Name Signature of Bidder Joseph A. Nanci Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC , 200_ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1_ **SEE ATTACHED SHEET** 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 REFERENCES UPDATED:2007 1. Limonite Interchange Improvements Project County of Riverside 4080 Lemon St, Riverside, CA 92501 Name and Address of Owner Mike Call (951) 955-6885 Name and telephone number of person familiar with project $1,365,735.38 concrete & asphalt 10/2006 Contract Amount Type of Work Date Completed 2. Ironwood Avenue Improvements Project City of Moreno Valley 14177 Frederick St, Moreno Valley, CA 92552 Name and Address of Owner Jim Geyer (951) 757-5619 & (951) 587-2634 Name and telephone number of person familiar with project $109,942.00 Street Improvements 12/2006 Contract Amount Type of Work Date Completed 3. Morning Canyon Rd to Cameo Shores Rd Project City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 Name and Address of Owner Lloyd Dalton (949) 644-3328 Name and telephone number of person familiar with project $245,452.50 Concrete & Asphalt 03/2006 Contract Amount Type of Work Date Completed COMPLETED (3) Page: 1 of 2 REFERENCES UPDATED:2007 4. Village 1-10, Desert Hot Springs Project D.R. Horton 11870 Pierce St, Riverside, CA Name and Address of Owner Nate Peo (951) 343-2485 Name and telephone number of person familiar with project $9,000,000.00 Street Improvements On Going Contract Amount Type of Work Date Completed 5. Cole Street Improvements Project City of Loma Linda 25541 Barton Rd, Loma Linda, CA 92354 Name and Address of Owner Greg Reader (909) 799-2800 Name and telephone number of person familiar with project $299,976.50 Street Improvements 02/2007 Contract Amount Type of Work Date Completed 6. Repair of Storm Damaged Streets Project City of Ontario 303 East "B" Street Civic Center, Ontario, CA 91754 Name and Address of Owner Michael Bloomquist (909) 395-2000 Name and telephone number of person familiar with project $469,527.70 Street Improvements 12/2006 Contract Amount Type of Work Date Completed COMPLETED (3) Page: 2 of 2 Bond No. - 08739262� _ xFidelitY and Deposit Company POST OFFICE BOX 1227 OF MARYLAND BAL77MORE, MD 21203 Bm BOND KNOW ALL MEN BY TEEM PRESENTS: That we, __Elite Bobcat Service, Inc. as Principal, (hereinafter called the "Principal"), and the FIDELITY AND Dvposrr COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fumy y bound unto- City of Huntington Beach Obligee, (hereinafter called the "Obligee"), ten percent of amount bid l00 in the sum of_--------- _W _ ________Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle Drive and Normandy Lane NOW, THEREFORE, if the Obligee shalt accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, _otherwise to remain in full force and effect. Signed and sealed this---_______-------- 2 4 th _—day of -- May D.,20 __Q7 Elite Bobcat Service, Inc. -- ------ --(SEAL) Principal BY: Title FIDELITY AND DE NY OF MA D S By____-- -- - ---__-------(SEAL) Widuas ATTORNEY— N A Title C325t-50M. 7-92 Conforms a AnWirse lags c Of A,ckkftU oowmeM A-330, . - Charles- L . Flake CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5-24-07 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LEXIESHERWOOD COMM. #1593951 9 •V� 4111)1.11 a %GTARY PUBLIC • CAUFOIMA n ORANGE COUNTY -� Si gna u e of otary Public" Comm. Exp. JUL`! 27, 2009 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUM M NUMBER OF PAGES 1 DATE OF DOCUMENT 5-24-07 ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: CAPACITY CLAIMED BY SIGNER ❑ CORPORATE OFFICER TITLE(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company���'_ pare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h to (f6s "6 by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB l' 4n*le S p OOD, all of Anaheim, California, EACH its true and lawful agent and �ma 1=d deliver, for, and on its behalf as surety, and as its act and deed: any an ��xecution of such bonds or undertakings in pursuance of these presen l in&, p �� �mty, as fully and amply, to all intents and purposes, as if they had been d tl ac n ��th� gularly elected officers of the Company at its office in Baltimore, Md., ' p 4er s n t attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,,�C atlftew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 0 s e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of.: B- I s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: Fop OfPpsr` _ o Q w'^ e State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary /v ° hyt By: .William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 100 / rrr+q,fuN``\t Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24TH day of MAY 2007 �J Assistant secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Nobest, Inc PO Box 874 Westminster, CA 92684-0874 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) � I 'Q ;,.- I I',- I V �7 11) 2007 MAY 30 PH 1: 47 Fop flebokh,w-ion prl,ve and Roqofwky wlfk'n *be 041( Vieufl Flool 1,7000 1411,?,, cq 8 /d Oa fe, P T('Ine WIf447 9,5'&Ia Na K 30) 21902 0 ; 04 /C" /"�, SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ZXD )36PJL>in the amount of $ 10 9/ig which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total I Mobilization 1 L.S. $ 30"000 . =° $ 30 CW. Qe 2 Traffic Control 1 L.S. $ ZO cam. ' $ 2 , 3 Unclassified Excavation (0.75') 1,960 C-Y. $ S0. C-° $ gg 0ao. `= 4 Aggregate Base (05) 2,645 TON $ a? $ Z 575: '�O- 5 Asphalt Concrete (0.25') 1,323 TON $ 70. $ Z cp/°- 6 Uniform Depth Cold Mill (0.17') 177 S.Y. f Z3 . 4t, 0 7 / , 7 AC Inlay (0.17') 20 TON A /CEO. 8 Remove and Construct Sidewalk 13,570 S.F. $ c� � " $ co per City Standard Plan 207 9 Remove and Construct Curb and 3 400 L.F. .. $ 60 2Z' — $ 7Y gG�D' Gutter per City Standard Plan 202 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard u' 5� 1 SaoG- ` Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F.. Sd= 1' ' /2-00• utilizing the "Vanguard" system or approved equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. cc3 co City Standard Plan 209 C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. Plan 205 14 Re-establish Residential Lot 31 EA. $ ca %� '� $ 3, l0©. Drain per CityPlan 204 15 Remove Existing Tree 26 EA. $ $ ?o &00,"=' 16 Adjust Meter Box to Grade 38 EA. 17 24" Box Tree - Crape Myrtle 20 EA. $ SW. _ $ A) GNU CIO (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ S'o4- -- $ &/ — (Planted) 19 Construction Staking 1 L.S. $ &W• `= $ !C, 20 Monumentation Preservation 1 L.S. $ 3, Wo =' $ 3 6kw- Subtotal for CC# 1295(in Numbers) _ Subtotal for CC# 1295 (in words) _ A and .2 /o S7c< 2_ Dollars Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $O per.`=" $ 30 2 Traffic Control 1 L.S. $ 0 OW ,`` $ 2d avv. `W 3 Uniform Depth Cold Mill 1,235 S.Y. $ $ 4 Variable Depth Cold Mill 969 S.Y. $ 5 Unclassified Excavation 690 C.Y. $ -qs'_ SSO.. 6 Aggregate Base 868 TON $ SS. � $ L/ , `r' 7 A.C. Overlay/Inlay 452 TON $ $ -2 140.O A.C. Base Course 97 TON $ t' $ �ILE F98 Asphalt Concrete 434 TON $ gip. `_° $ 3� 0(cc cLo - Remove and Construct Sidewalk 2S.F. ,301 S.. �- od $ 00 11, s-or, per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ 3p - $ 3q, 3�• Gutter per City Plan 202 12 Remove and Construct $ $ Longitudinal Gutter over 3 ,523 S.F. ca , - c�a 35- 23o, Aggregate Base per City Standard Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. a' c� /d 210 15 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F. � SQ• _ o0 utilizing the system or approved equal. 31 C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $ — Sd®. -� $ Z, Sow. — Grade 17 Adjust Sewer Manhole Frame 3 EA. $ ` $ and Cover to Grade 18 Remove Existing Tree 6 EA. $ $ cf, 19 Adjust Existing Meter Box to 14 EA $ S®. $ 7ea- Grade 20 24" Box Tree - Tristania Laurina 7 EA. $ ad- � $ � S6d' (Planted) 21 Construction Staking 1 L.S. $ 22 Monumentation Preservation 1 L.S. $ 3 5-00. `- $ -cb. Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) _ /Vi and 6 �oIlel &A--, Sr,r Dollars Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CCU 1295(in Numbers)_ Subtotal for CC#1295 (in words) _ I $ Cozz . �&R Dollars and 2eZ 6 Cents Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) _ —J —Act-e—e llvttd& ,tig,L,� $ � `� q �9�t`Co • �� ,- Dollars and 'Z-a,c,o Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers)_ $ 10 OZ2,, Ooz .00 — Total for CC# 1295 and CC# 1309 (in words) _ e i7il��ri arc �wtEta+-, i'usa-�'L�,vsfD Dollars and p Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 's( ci 5��11 VfAl VW— ra LS ! CP ,3 2` By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange geiry /V0A? 7,0 , being first duly sworn, deposes and says that he or she is prPc,id pn,(- of bes7� 11,4 the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder 0, r7� Signature of er X60 '�CQcra Xyg- Address of Bidder (r'Qrj,o,t (-evve / (4 Subscribed and sworn to before me this —3D day of , 207 j NOTARY PUBLIC KAY E. ANDERSON i- COMM. #1579663 A U NOTARYPLIM IC -CAI IFORNIA ORANGE COUNTY My Cann E*ires,Naie to. NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 5 -3C) - - o Nobee, 'x I A C Contractor By lies ij ,00 f Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes dNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 5-'36 --4i7 be5�'- Inc Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: (�;�% jo�� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A10�PSf �G Bidder Name 700 /f cac(44 be Business Address 6-a"Wen brave Cel I'm/// City, State Zip Telephone Number 3 s�6a� 14 State Contractor's License No. and Class �- 79 Original Date Issued -,�/-3/-Qg1 Expiration Date The work site was inspected by M(�eL t` of our office on %'h 2� , 20 P7 The following are persons, firms, and corporations having a principal interest in this proposal: Larry 41 lanw R060& Moa(1 a 44 f�rPs /`rPe gewreN- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. No hto�Y, 'ThC Ynnted or Typed Signature Subscribed and sworn to before me this.3© day of m , 200_7. �COMMAY E. ANDERSON �.. .#1579663 n ALFORMA lu oRA couarr ,my�,,.,, Wires 13,aoo9 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. see qQ��P� Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $ 1,035,000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH $ 3,600,000.00 Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK $ 441,000.00 Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH $ 827,000.00 Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY $ 142,000.00 Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 Bond No. The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated Bid Bond as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent (10%) of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle from Lane from Shayne Drive to M Dive and from Oak Lane to Ash Street 1295 and 1309 y Lane, Brimhall Lane and iew area and Mandrell Drive NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness ORSC 21328 (5/97) I lth day of May , 2007 Nobest Incorporated Principal (Seal) By: rv' -: I1*1KE '%k Name/Tit e Contractors Bonding and Insurance Company Surety - (Seal) z By: ASX Art - Linda D. Coats Attorney- in -Fact ACKNOWLEDGMENT State of : California County of Orange On S =----I- n.-b`z , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) W KAY E.ANDERSON �-- COMM. #1579663 NOTARY PUBLIC-CALIFORNIA n ORANGE COUNTY My Conan Expires June 13.2009 Place Notary Seal ,above personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(.a'f whose name;K is/,�W subscribed to the within instrument and acknowledged to me that he/�/ tWy executed the same in his/llrr authorized capacity(iel), and that by his/,ef/fir signature ,Won the instrument the person ss ,, or the entity upon behalf of which the personVacted, executed the instrument. WITNESS my hand and official seal of Notary ACKNOWLEDGMENT State of California County of Orange On May 11, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda A Coats 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 l 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. �st"r�� CHRISTINE M. RAPP WITNESS my hand and official seal �t COMM. # 1494518 ;U NOTARYPUBUGCAUFORNIA - ? • ORANGE COUNTY Sinature �to '� My Comm Expires JULY9, "M 9 ►-•-i (Seal) Certificate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, reco¢nizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertatJrrg_ recognizance, or suretyship obligation shall be vat -id and binding upon the Company: when signed by the Authorized Officer or Employee and attested and sealed ; if a seal be required); or fits when signed by the Authorized Officer or Employee, and countersigned anti _sca'ted (if a seat be required) by a duty authorized attorney -in -fact or agent, or (iii) when duly executed and sealed (if a seal be required) by one or more attorncy,-- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, umdertakirlg, recognizance, or other suretvship Oblrgatinns of the Company (unless Othorwi5e specified in the pots > , :tfl_r.? v and such signature and seal when so 1?c,? r shall ha,e the .a _, Ord affect as thoug(1 RE`;+ 1 ) JRiHER, that all prevmus r: olat,Jiis Ot the Boo,rd of Director CCi 1.: ?:, ?, ntorTieti and tt0i'^:£ vs-irl fact reiilaln 1n fall force and effect; that all i0rt?Ii of powers OI a ?017 £' (Jr>; i ioL. l) Or in the future app -, JV the `hoard of Directors, inchi l'l� t ,Ot liriltied t;)_ �o Called `fax O fac.i..i..� t'v5=_lG of attorney". ,vll:'1. the entire power of attorney is a facsinlriC., {inlaid in f'.11i force and effect, and ilia? one'Orin of a power of atTortl£v ilav be attached i0 One bored (f01" c'Xarfli;;C, The form. f lr vt'hiCh this t'sol MO 1 i 'a r7 i?1' U attaches to a did boj'Jl, another form Of power of altv,i.�iily , attached t0 another b0i'.ij ;,OT c�a. It-- ala_i oovv'er Ot a1�..."iO l'it _ ._ .r:..,.._ {rlie G1� it+0 7 LOnu..,t,a0i"SOildi:. Silo i... i_.ii; t., i -aJ t.ta:�;i:i ll'.,, .,j., _ _ ., by i?i esrd:::.t?ail ti.c seal to bc tCCUntO atfi`{ ll L', 2ill d Kid- t'and- ia,lP , Brenda'). Scot, known to Ili: :hc` ski,, _;t:;d the, Siin :;1 the!l ),i,. L:i _.1 o_,nai! Ot a'(i!,.a Ctk:_ acl,,U .. {-..;._Ilia,: tilt' irii41111.Cat. "9 cita 5s City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Alliance Streetworks Inc 11 I 1 E Kimberly Ave Anaheim, CA 92801 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) ALLIANCE STREETWORKS INC. 1 1 E. KiMBERLY AVENUE ANAHEIM, CA 92801 OP&niA7 3o,,d-oo7 at j rim ll'+Xho�- OF In �r-ffr,, Drive LPY, a,4 Morman� LAft "NI-*..". 4-a M 14,141 /.0 7�&,)- r rl v 7- D 2007 MAY 30 PM 1:55 r c HUN C. Flo 0 r goo 0 tna, 92- & q&q SECTION C PROPOSAL ALLIANCE STREETWORKS INC. for the I I I I E. KIMBERLY AVENUE STREET REHABILITATION of °ANAHEIM, CA 92801 MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 AUJANCE STREETWORKS, INC. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 2ID 1bQNQ in the amount of $ 10% 4 ) bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH dL,g4OE SMEEMORKS9 INC. PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total I Mobilization 1 L.S. $ 69,000.E $ 9, 000. 2 Traffic Control 1 L.S. $ 1�3, 000. 0- $ 43, o00. 0 3 Unclassified Excavation (0.75') 1,960 C.Y. $ 4/f`-'' $ 4 Aggregate Base (0.5') 2,645 TON $ 020, °`' $ 5 Asphalt Concrete (0.25') 1,323 TON $ 7. a— $ 99 225. 6 Uniform Depth Cold Mill (0.17') 177 S.Y. 5, � 7 AC Inlay (0.17') 20 TON 150.. s 3,000. == 8 Remove and Construct Sidewalk 13,570 S.F. $ 00 $ per City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ Gutter per CityStandard Plan 202- 5 Ct7E7t� 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable o� warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F.. / GO(f mad utilizing the system �J or approved equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. p� ?�$p�,`6-- Cit Standard Plan 209 C -1 CITY OF HUNTINGTON BEACH AULIANCE STREETWORKS, INC. PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. eo � " (� 0' Plan 205 14 Re-establish Residential Lot 31 EA. $ $ Drain per CityPlan 204 15 Remove Existing Tree 26 EA. $ $ &,y op,= 16 Adjust Meter Box to Grade 38 EA t l 17 24" Box Tree - Crape Myrtle 20 EA. $ o� $ o� (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ $ of (Planted) 19 Construction Staking 1 L.S. $ $ 20 Monumentation Preservation 1 L.S. 1 $ $ Subtotal for CC# 1295(in Numbers) _ Subtotal for CC# 1295 (in words) _ $ 722, /30 °= J-evtr, K ArLalre& fi kg2P - i jo 4ou5a44 , orw. kankek 44� Dollars and Let o Cents C -2 CITY OF HUNTINGTON BEACH AUJANCE STREETWORICS, INC. PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ 31,000.0-Y $ 3f,oao.°° 2 Traffic Control I L.S. $ 36,000. $ 34v coo. °!� 3 Uniform Depth Cold Mill 1,235 S.Y. $ 7, °_° $ g (,q5 9 4 Variable Depth Cold Mill 969 S.Y. $ 7 0 $ &, 783. q 5 Unclassified Excavation 690 C.Y. $ 50. °O $ 31410 Soo. °a 6 Aggregate Base 868 TON $ - $ 17, 340. 7 A.C. Overlay/Inlay 452 TON $ 75., °= $ 33, 900. 8 A.C. Base Course 97 TON $ J10. °-s' $ 10, &70. °= 9 Asphalt Concrete 434 TON $ 75: 0- $ 3 2, 550. Q0 10 Remove and Construct Sidewalk 2,301 S.F. $ / - $ ov �����'� per City Standard Plan 207 �• I 1 Remove and Construct Curb and 1,312 L.F. $ Zs, $ Gutter per CityPlan 202 12 Remove and Construct $ $ Longitudinal Gutter over 3,523 S.F. Aggregate Base per City Standard D� el Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. 45co,- C? curb and gutter and detectable ' warning truncated dome surface. 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. 210 15 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F. utilizing the system J or approved equal. C -3 CITY OF HUNTINGTON BEACH ME WREM , . PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $�'Q ° $ Grade , � 17 Adjust Sewer Manhole Frame 3 EA. $ 'f�` oft$ do Z and Cover to Grade 0 18 Remove Existing Tree 6 EA. $ f'd i' $ S7ard-'' 19 Adjust Existing Meter Box to 14 EA $ $ Grade 3,2 U. 20 24" Box Tree - Tristania Laurina 7 EA. $ $ (Planted) 21 Construction Staking 1 L.S. $ &e $ 22 Monumentation Preservation 1 L.S. o$ $ dW. s' a" Subtotal for CC# 1309 (in Numbers) _ $ 3�1, 276, 0-2 Subtotal for CC# 1309 (in words) _ -Three h.undrd - orb-Aree Ausa4, fwo huared 5ey " �-six Dollars and zero Cents C -4 ALLANCE STREETWORKS, INC. CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) = $ m7 22,130. °-`—' Subtotal for CC# 1295 (in words) = 2y Pin ola G( tu-em41-two +i ous" , One 6y4r� d -f vi r`k Dollars and Zero Cents Subtotal for CC# 1309 (in Numbers) _ $ 343, -�7 &, 6v Subtotal for CC# 1309 (in words) _ '-Three hundred, Ar -,Arte 4ousant4(, duo lwndred S� �,X Dollars and zero Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) = $ I, OU5� 40Ce, g_° Total for CC# 1295 and CC# 1309 (in words) = OR 't' nusa,,A./�., �red. �WrL06iy, Dollars and Zerfl Cents C -5 E S'i'�#EETIAIORKS, INC. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Mwrtinez (oncreJc, ttucsa 394g7% 4undil El 'Toro L 57707 (,�,, •� Jpns,t., giVer-5 dt 56735;1, ')36'wve. ees Tratler5 'Tree, Seevi'ee, 738,� -7 3 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 AUJANCE STREETWORKS, INC. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is $ ' of A l i i ahce 5jreetworks; i hC - the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ALLIANCE STREETWORKS INC. 1 9 E. KIMBERLY AVENUE ANAHEIM, GA 92801 Name of Bidder X Signature of Bidder p,^nsh1 P. G:ardw9r ALLIANCE STREETWCRKS INC. i T I E. KIMBERLY AVENUE ANAHEIM. r- raoo.,. Address of Bidder 5 ee AFTwct1 eo Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On- Mal 3 J, 2 001 before meMichael D. Ray, Notary Public I , Date - Name and Title of Officer (e.g., "Jane Doe, Notary. Public") personally appeared ft,,W p"Galtdnirr Name(s) of Signer(s) AA A, &s.Aa - MICHAEL D. RAY COMM. #1658499 W mNOTARY r PUBLIC-CALIFORNIA ORANGE COUNTY to My Comm. Expires May 4.2010 X personally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. Place Notary Seal Above Signature of ry Public OPTIONAL Though the infprmation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages'. RIGHT THUMBPRINT OF SIGNER of thumb here 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT AUJANCE STREETWORKS, INC. HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 301 200-1 AUJANCE MEETWORKS, INC. Contractor By "Id R GW*W Title C-5 ALLIANCE STREETWORKS, INC. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes LINO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 AI JONCE S 9 REE O O ww0 INC. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Q ZD D-i Contractor By RmW P G~ Title C-7 ALLIANCE STREETWORKSo INC. UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 • CE �EETW ON(;. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name ALLIANCE STRISEYWORKS INC. 1111 E. KIMBERLY AVENUE NAi-iEiP�GA 92881 Business Address City, ( 71`f ) qqq-1000 Telephone Number 012,gZI UP55 A State Contractor's License No. and Class 0q,Z0.OL Original Date Issued OEM Expiration Date State Zip The work site was inspected by J i rh 61 aJ- of our office on , 20 77 The following are persons, firms, and corporations having a principal interest in this proposal: ftoW P. C Pmidm t C-9 ALLIANCE STREETWORKS9 I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ALLIANCE SfREETWORKS, INC. Company Name X Signature of Bidder %%old P Gw*w Pml" Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. see 11N-11-CAED Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange Michael D. Ray, Notary Public On MO-1��, `�001 ;before me, Date - Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ROmW P. Name(s) of Signer(s) X personally known to me 0 proved to me on the basis of satisfactory evidence MICHAEL D. RAY COMM. #1658499 W PUBLIC-CALIFORNIA, In ORANGE COUNTY ORANGE to My Comm. Expires May 4.2Q1Q. Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignatdFeof Not ry Public OPTIONAL Though the infprmation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER of thumb here © 1997 National Notary Association •.9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 AAW LLIAn c c 1111 E. Kimberly Avenue, Anaheim, CA 92801 Ph: (714) 449-7000 Fx: (714) 578-5925 Lie. #812921 1 N C O R P O R A T. E D STATEMENT OF EXPERIENCE 1. Job: Pavement Resurfacing Value: $191,144.00 Completion Date: December 2002 Agency: City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92886 Contact: Fernando Saldivar (714) 961-7170 2. Job: Left Turn Pockets Improvements Value: $167,800.00 Completion Date: April 2003 Agency: City of Laguna Niguel 27791 La Paz Road Laguna Niguel, CA 92677 Contact: Nicholas Renn (949) 362-4341 3. Job: Hacienda Boulevard Value: $336,784.00 Completion Date: May 2003 Agency: Los Angeles County Dept of Public Works 900 S. Fremont Avenue Alhambra, CA 91803-1331 Contact: Joseph Rhyu (626) 300-4729 4. Job: Saturn Avenue Street Improvements Value: $199,500.00 Completion Date: May 2003 Agency: City of Huntington Park 6550 Miles Avenue Huntington Park, CA 90255 Contact: Pat Fu (323) 584-6253 Pagel of 8 5. Job: South Street Reconstruction Value: $716,123.00 Completion Date: August 2003 Agency: City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703 Contact: Hal Arbogast (562) 916-1219 6. Job: Rehabilitation of Denni & Moody Streets Value: $221,437.00 Completion Date: September 2003 Agency: City of Cypress 5275 Orange Avenue Cypress, CA 90630 Contact: Kamran Dadbeh (714) 229-6756 7. Job: Street Improvements 195th Street Value: $638,386.00 Completion Date: October 2003 Agency: City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703 Contact: Hal Arbogast (562) 916-1219 8. Job: Peck Avenue Improvements Value: $84,487.00 Completion Date: January 2004 Agency: City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Contact: Edward Kao (310) 802-5358 9. Job: Improvement of Santa Fe Avenue Value: $159,250.00 Completion Date: April 2004 Agency: City of Long Beach 333 W. Ocean Boulevard Long Beach, CA 90802 Contact: Carlos Segui (562) 570-5160 Page 2 of 8 10. Job: Local Street Overlay with Curb & Gutter Value: $1,077,610.00 Completion Date: April 2004 Agency: City of Norwalk 12700 Norwalk Boulevard Norwalk, CA 90650 Contact: Randy Hillman (562) 929-5719 11. Job: Glassel Street Reconstruction Value: $444,104.00 Completion Date: April 2004 Agency: City of Orange 300 E. Chapman Avenue Orange, CA 92866 Contact: Alan Truong (714) 744-5568 12. Job: Pioneer Boulevard Medians Phase II Value: $675,500.00 Completion Date: May 2004 Agency: City of Artesia 18747 Clarkdale Avenue Artesia, CA 90701 Contact: Carlos Alba (949) 766-2686 13. Job: Fountain Installation Pioneer Medians Value: $394,838.00. Completion Date: May 2004 Agency: City of Artesia 18747 Clarkdale Avenue Artesia, CA 90701 Contact: Carlos Alba (949) 766-2686 14. Job: Sunshine Parkway & Traffic Signal Value: $326,291.00 Completion Date: July 2004 Agency: City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Chuck Smith (714) 765-5176 Page 3 of 8 15. Job: Imperial Highway Value: $277,616.00 Completion Date: June 2004 Agency: City of Santa Fe Springs 11710 Telegraph Road Santa Fe Springs, CA 90670-3679 Contact: Tony Olmos (562) 868-0511 16. Job: City Street Repairs 2003-2004 Value: $313,777.00 Completion Date: July 2004 Agency: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact: Brian Perry (949) 443-6353 17. Job: Jeronimo Way Value: $74,305.00 Completion Date: August 2004 Agency: City of Lake Forest 25550 Commercentre Drive, Suite #100 Lake Forest, CA 92630 Contact: Gene Foster (949) 461-3490 18. Job: Resurfacing of Rose Drive Value: $48,150.00 Completion Date: November 2004 Agency: City of Whittier 13230 Penn Street Whittier, CA 90602 Contact: Alfredo Hernandez (562) 464-3510 19. Job: Santa Anita Entry Corridor Improvements Value: $822,114.00 Completion Date: January 2005 Agency: City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 Contact: Tim Kelleher (626) 574-5484 Page 4 of 8 20. Job: Improvements of 7th Street Value: $251,532.00 Completion Date: February 2005 Agency: City of Long Beach 333 W. Ocean Blvd. Long Beach, CA 90802 Contact: Charles Ramey (562) 570-6383 21. Job: Wilmington Avenue Median Landscape Improvements Value: $1,153,650.00 Completion Date: May 2005 Agency: City of Carson 701 Carson Street Carson, CA.90749 Contact: Massoud Ghiam (310) 830-7600 22. Job: Vista Viejo Entry Enhancements Value: $77,720.00 Completion Date: May 2005 Agency: City of Laguna,Hills 24035-E1 Toro Road Laguna Hills, CA 92653 Contact: Ken Rosenfield (949) 707-2650 23. Job: . Rehabilitation of Westbound Huntington Drive Value: $716,954.00 Completion Date: July 2005 Agency: City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 Contact: Tim Kelleher (626) 574-5484 24. Job: Cerritos Boulevard Rehabilitation Value: $1,196,925.00 Completion Date: September 2005 Agency: City of Stanton 7800 Katella Avenue Stanton, CA 90680 Contact: Robert Doss (714) 379-9222 Page 5 of 8 25. Job: Civic Center / Metlox Street Improvement Value: $268,941.00 Completion Date: December 2005 Agency: City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Contact: Dana Greenwood (310) 802-5352 26. Job: Seal Beach Boulevard Median Island Value: $778,793.00 Completion Date: January 2006 Agency: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Contact: Karim Varshochi (714) 412-2722 27. Job: Street Rehabilitation of Santa Anita Ave/Sunset Blvd. Value: $598,842.00 Completion Date: January 2006 Agency: City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 Contact: Tim Kelleher (626) 574-5484 28. Job: 2005/2006 Bristow Park Area Street Improvement Value: $223,582.00 Completion Date: January 2006 Agency: City of Commerce 2523 Commerce Way Commerce, CA 90040 Contact: Victor San Lucas (323) 722-4805 29. Job: Intersection Widening a Main Street & Mainplace Dr Value: $255,376.00 Completion Date: March 2006 Agency: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ron Hawley (714) 615-0881 Page, 6 of 8 30. Job: Jurupa Avenue Underpass Phase I Value: $220,021.00 Completion Date: March 2006 Agency: City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Thomas Boyd (951) 826-5341 31. Job: Pedestrian Crossing Improvements on Miles & Zoe Ave Value: $719,660.00 Completion Date: June 2006 Agency: City of Huntington Park 6550 Miles Avenue Huntington Park, CA 90255 Contact: Pat Fu (323) 584-6230 32. Job: Morningside Drive Street Stabilization Value: $548,006.00 Completion Date: May 2006 Agency: City of Laguna Beach 505 .Forest Avenue Laguna Beach, CA 92651 Contact: Mark Trestik (949) 497-3311 33. Job: Emergency Access Lane at Hidden Grove Lane Value: $187,891.00 Completion Date: 'March 2006 Agency: City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Chuck Smith (714) 239-3344 34. Job: 2005-2006 CDBG Street Rehabilitation Value: $320,897.90 Completion Date: May 2006 Agency: City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Thomas Boyd (951) 826-5341 Page 7 of 8 35. Job: San Gabriel River Bicycle Trail Rehabilitation Value: $405,874.00 Completion Date: August 2006 Agency: LACDPW 900 S. Fremont Avenue Alhambra, CA 91803 Contact: Thomas Hoagland (626) 458-5100 36. Job: Improvements on El Toro Rd & Paseo de Valencia Value: $1,231,301.00 Completion Date: January 2007 Agency: City of Laguna Hills 24035 El Toro Road Laguna Hills, CA 92653 Contact: Ken Rosenfield (949) 707-2650 Page 8 of 8 7 I.C.W. GROUP W INSURANCE COMPANY OF THE WEST ❑ EXPLORER INSURANCE COMPANY Rd INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 PHONE: (858) 350-2920 FAX: (858) 350-2909 Bond Number: ICW-1049 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Alliance Streetworks, 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 the Total Amount Bid Dollars ($10% of the Total Amount Bid) 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, 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 dated 5/30/2007 for bid: Street Rehabilitation of Myrtle Drive From Gentry Lane to Brimhall Lane and Normandy Lane From Shayne Drive to Myrtle Drive- Contract No.1295 & Roadway Improvements within the Oak View Area and Mandrell Drive From Oak Lane to Ash Street- Contract No.1309 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 shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and Surety have caused these presents to be duly signed and sealed this 24th day of May, 2007. Alliance Streetworks, Inc. BY: Itm West Attorney -in -Fact _-,—Daniel Huckabay CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange Michael D. Ray, Notary Public On i�Ay �j0, Z1i0l ,before me, , ate pp Name and Mile of Officer (e.g.. "Jane Doe, Notary Public") personally appeared RLondd i. &ardner Names) of Signer(s) MICFIAEL D. RAY comm. #1656499 W a � NOTARY PUBLIC-CALIFORNIA C) ORANGE COUNTY My Comm. Expires May 4.201¢. X personally known tome 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 handandofficial seal. ICJ Place Notary Seal Above . - Signature or ry Public OPTIONAL Though the infprmation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. .❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHUMBPRINT OF SIGNER of thurnb here C 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 5/24/07 before me, Arturo Ayala, Notary Public Date Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLIC" personally appeared it personally known to me Daniel Huckabay •MO ffARTURO A" LA 03 OMM. *1636640 OTARY PUBLIC-CALIFORNIA��fAtd COUNTY Oft €Ili. JAN. i0,10 NAME(S) OF SIGNER(S) ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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 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 ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT e NUMBER OF PAGES 5/24/07 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 0000654 ICW GROUP Bond No. ICW-1049 Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint RALPH EIDEM, JR, DANIEL HUCKABAY, ARTURO AYALA, PATRICIA KNAPP their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this i st day of November, 2005. ayTY 4y G�GourAwraFry acpAParm 4 / a ° 'F C x INSURANCE COMPANY OF THE WEST rot SEAL ^�; y EXPLORER INSURANCE COMPANY k+Rcx+,+at' ab ' p o a INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary State of California } County of San Diego ss. John L Hannum, Executive Vice President On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. MMY Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 24th day of May 1 2007 4 Jeffrey D. Sweeney, Assistant Secrpiarf To verify the authenticity of this Power of Attomey you may call 1-800-877-111 land ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Geup, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 All American Asphalt PO Box 2229 Corona, CA 92878-2229 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, JF:pe enclosure Sister Cities: Anjo, Japan • Waltakere, New Zealand (Telephone: 714-536-5227 ) U-rA-T)Ok) of - To f:�o-uAO-io'LL, LA4j& A-Ajb TrLkP"VWP-� WtT*jJ 7W,5- icam ' M M.8 fucfi-/JbkGul ee-4 1-30 5Ta!Wr - CA-Sk- 0ZVrAAtC?- F,tD<z->: S---ab-0-7 2007 MAY 3 0 PM 1: 47 f, F SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# :1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find-&tov�sZoLbn the amount of $ I OHO which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ►jo" C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total 1 Mobilization 1 L.S. $ a500D " $ 2 Traffic Control 1 L.S. $ 1a9'75 $ t397s 3 Unclassified Excavation (0.75') 1,960 C.Y. $ 50.' $ 5ii 5.00' 4 Aggregate Base (05) 2,645 TON $ / , $ 50o7SS, 5 Asphalt Concrete (0.25') 1,323 TON $ 70. — $ Ct J, 6 Uniform Depth Cold Mill (0. IT) 177 S.Y. y. ' %O $, 7 AC Inlay (0.17') 20 TON 7D. — J�/OU ' 8 Remove and Construct Sidewalk 13,570 S.F. $ So $ g�o�0.S per City Standard Plan 207 , 9 Remove and Construct Curb and 3,400 L.F. $ SO• '- $ 170,000 Gutter per CityStandard Plan 202 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. '31 DO-' 3 curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $I yO� warning truncated dome surface "Vanguard" 24 S.F.. utilizing the system or approved. equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. 14(.p 900 City Standard Plan 209 �.1 r C -1 1 1 1 1 1 1 1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. y• so S y�37s" Plan 205 14 Re-establish Residential Lot 31 EA. $ %?. $ �1 oC 8'5a• r Drain per City Plan 204 15 Remove Existing Tree 26 EA. $ q00 $ 07 3 `IOD 16 Adjust Meter Box to Grade 38 EA 75. ' oZFrsO 17 24" Box Tree - Crape Myrtle 20 EA. $ �. L/SD $ q UDO (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ ysD `J�'"'�/UD $ ✓ (Planted) 19 Construction Staking 1 L.S. $ /!2 $ 20 Monumentation Preservation 1 L.S. $ -Q 4 z4& _ 1 $ Subtotal for CC# 1295(in Numbers) _ $ (Otod Subtotal for CC# 1295 (in words) _ Dollars and �30 Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity.Unit nit Price Total 1 Mobilization 1 L.S.�a3 $ $ �p'R 2 Traffic Control 1 L.S. $ MUO ' $ actoo " 3 Uniform Depth Cold Mill 1,235 S.Y. $ a.'' $ QW70 4 Variable Depth Cold Mill 969 S.Y. $ a $ tdt35, 5 Unclassified Excavation 690 C.Y. $ 9t+ $ 6 Aggregate Base 868 TON $ O $ 59(080 7 A.C. Overlay/Inlay 452 TON $ 70 " $ 3l D- 8 A.C. Base Course 97 TON $ 70— $ G 7 O 9 Asphalt Concrete 434 TON $ D — $ O 38-0- 10 Remove and Construct Sidewalk 2,301 S.F. $ $ per City Standard Plan 207 ff 11 Remove and Construct Curb and 1312 , L.F. $ 5U — ,--. $ (gQ K�� Gutter per City Plan 202 12 Remove and Construct $ $ Longitudinal Gutter over Aggregate Base per City Standard 3,523 S.F. ��' =701� �-- Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. (� curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. �'2iRa 210 15 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F. utilizing the system or approved equal. C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $a �- Grade loZsv✓ 17 Adjust Sewer Manhole Frame 3 EA. $ y 75 '- $ / qaS and Cover to Grade 18 Remove Existing Tree 6 EA. $ SSC) 19 Adjust Existing Meter Box to 14 EA $ — $ Grade 1 N 00 20 24" Box Tree - Tristania Laurina 7 EA. $ , ysd $ — (Planted) 3150 21 Construction Staking 1 L.S. $ yfiov $ t500l 22 Monumentation Preservation 1 L.S. $�- Subtotal for CC# 1309 (in Numbers) _ $ yd5 U3(o " Subtotal for CC# 1309 (in words) _ &�t up t�� k1VJ- `T'Kot kSc ,,J S.,x � LAA l v�d 1 Dollars and i\ �o Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ $ (99D,1 (00" oc> Subtotal for CC41295 (in words) _ ` �j K h andr% "' hQA-SJQWW Dollars and l�.`�b Cents Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) _ and 0 $ ynS L03(v . jg_ Dollars Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers)_ Total for CC# 1295 and CC# 1309 (in words) _ ()(VP_ Yh+Ilion (l'&4 S%j(J1JA tSCwd 0jj4_Q SiK Dollars and Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 5LqX J'`1 S_L. 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT rl TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Gr-atige RxVEs`1-SE09 12oe-T 9 P.A-sD c,� being first duly sworn, deposes and says that he or-s is 4eSt0%T - of ALL /4? 4%LW 4N 4V&A 0- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his ef-kw bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Atk Am eyehi) APval PAT cl-- Name of Bidder Signature of Bidders 9,0. Address of Bidder Subscribed and sworn to before me this day of , 20 BRENDA L. ROYSTER Commisslon # 1700922 mod; Notary Public - California Riverside County Comm, Oct26,2010 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT IF ri 11 F 11 11 1-1 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1.309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:,j / 4.G 1�.Vm,A Map � _ Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 1 V O If the answer is yes, explain the circumstances in the space provided. P� A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Q c)�Q7 By kDBEtT yt Ce 4estob-Vr Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Au A-RwcA-k) Aspfffi- Contractor 1-0-511 By l i3 ULc.E wag" Title Date: D-C-,)-0 0 7 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. ' during the course of the Work. Additional forms may be obtained from the AGENCY upon request. ' C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: At tr NgAy-,r Bidder Name Business Address Copz,k� CA- qA7 � City, State Zip qsr > 7?k-7&aa Telephone Number -it-- 2(:e7 0 7 3 C-IZ- State Contractor's License No. and Class 1-0, Original Date Issued 1-3/--6b Expiration Date The work site was inspected by T Lg(�of our office on , 20 -7 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the .proposed work and improvements in accordance with the plans and specifications set forth. Aa &atntw Apgfi�tr Company Name Printed or Typed Signature Subscribed and sworn to before me this .7Aay of , 200 -7. NOTARY PUBLIC Listed below are the names, address and telephone numbers for three the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project 1 BRENDA L. ROYSTER Commission # 1700922 Notary Public - California Riverside County NOTARY SEAL lie agencies for which Contract Amount of Work Date Completed 2. Name and Address of Public cy Name and Telephone No. of roject Manager: Contract Amount Type of Work Date Completed 3. Name and Add ess of Public Agency Name and elephone No. of Project Manager: Contr ct Amount Type of Work Date Completed C-10 " 2006" PAST WORK REFERENCES City of Pomona Pomona Blvd. Street Rehabilitation 505 So. Garey Avenue Contract Amount: $1,736,308.00 Pomona, CA 91767 Completed: 3/30/2006 Contact: OOA& WAS (909) %gyp -Ylt3 � Start: 1/l/2006 City of Hawaiian C7ardens 21815 Pioneer Blvd. Hawaiian Gardens, CA 91706 Contact: Steve Steinbrecher, (562) 420-2641 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Mark Pugllsi, (949) 644-3331 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Michel Girgis, (714) 647-5052 City of Seal Beach 211 Eighth Street Seal Beach, CA Contract: Sean Crumby, (562) 431-2527 City of Tustin 300 Centennial Way Tustin, CA 92630 Contact: Benny Tenkean, (714) 573-3161 Carson Street Resurfacing Contract Amount: $695,000.00 Completed: 2/30/2006 Start: 10/1/2005 Jamboree Road Improvements Contract Amount: $1,061,061.00 Completed: 8/30/2006 Start: 6/2006 Coast Highway Contract Amount: $1,977,977.00 Completed: 6/30/2006 Start: 3/2006 Main Street Improvements Contract Amount: $1,333,333.00 Completed: 6/23/2006 Start: 10/2005 Ocean Avenue Improvements Contract Amount: $2,032,032.00 Completed: 11/2006 Start: 8/2006 Tustin Ranch Road Contract Amount: $993,993.00 Completed: 8/2006 Start: 5/ 1 /2006 UFidelity and Deposit Company of Maryland 944, Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle Drive from Gentry Lane to Brimhall Lane and Normandy Lane from Shayne Drive to Myrtle Drive and Roadway Improvements within the Oak View Area and Mandrels Drive from Oak Lane to Ash Cash Contract No. CC# 1295 and Cash Contract No. CC# 1309 Bid Date: May 30, 2007 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of May A D , 2007 Witness R Witness ALL AMERICAN ASPHALT (SEAL) ncipal ��r Titl cz k (06S 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sure By (SEAL) M. BROWN Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On May 25, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(,i'jof Signer4y BRENDA L. ROYSTER Commission # 1700922 Z • "" Notary Public - California Z Riverside CountyIL Comm.6 iresOct26,2010 OPTIONAL X personally known to me to be the person(dnihose name(*-- is/atesubscribed to the within instrument and acknowledged to me that he/ShefthW executed the same in his/herirauthorized capacity#6sj, and that by his/herlt Or signature( -on the instrument the person( or, the entity upon behalf of which the person*_ acted, executed the instrument. W ESS my ha anVoff, Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond — City of Huntington Beach Document Date: May 24, 2007 Number of Pages: 3 Signer*) Other Than Named Above. Owen M. Brown, Attorney -In -Fact Signer's Name: _Individual XCorporate Officer Title(*) V Lce President _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here CAUPOMM AUAMMPOSE 'AM% at Ca% 98. County of 0�{ANGB On 5-24-07 m% __BRAgA T 11IMMIM py - - ll�sae07iMdGet+rt{sq. J�MDaRMplrlf�i Peery appeared OM M. BROW "Moods"&" - BARBARA J. BENDER X= P known to me WAI Commission # 1494946 1 limp, oil oil RNUI( Notary Public - Callforral g $ Orange County ; o a ° 2 My Comm. Expires Jul13 21,A) : to be the person(*) whose frame(*) WIM W ^ °'- � 3 sabse dbed to" the within instrument Old m V .i o e- to me fhet heslrdpolfty executed o�': lIAfM1 f the seats in authorized CO I Is" ►(its?• end that by hWAGOMM 8 v E a ~CW upon behalf of which person(*)persor u z° Fug°�iledthe Instrument. "Wry and i m, ffipueluadtla aura-- . r-rVNN OPTX)Ni4L Tnougliftk*wu"nelbwlsmfmW*jdhyft% mWpM gas mar,�eaaa�ae�xar�douuwpe�u �wrranr�ar,e�a�ma►xaenls tba, tosnotl�eraoasrreru. Description of Attad" DOMMUft Title or Tom of Doak BID BOND Docxm� Dates 5-24-0 7Number of Pages: Signer(s) 09m Than Named Above: ALL AMMICAN ASPHALT CapidtY(es) CMUnd by Skpwr S'e Name: 0w M. BROWN ❑ Irtivldel Tap at Raab here ❑ Corporate--T�(s): ❑ Partner-0 Lamed ❑ General fey*rFact ❑ Tnmtee ❑ Guam or Conservator ❑ Oltrar: der is FIDELITY AND DEPOSIT COMPANY OF MARYLAND Ono Of^*.woaNafim FAM16C CBVT4$fM14OMN84 zr Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h `e COS by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and r� tor�act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al a takings, and the execution of such bonds or undertakings in pursuan s,,� s r on said Company, as fully and amply, to all intents and purposes, as if th xec �ri� ged by the regularly elected officers of the Company at its office in Bat 1heir�r This power of attorney revokes that issued on behalf of Owen M. BR43V4 It ba l ruarv&IKA( i,� The said Assistant Section 2, of the By-IM k- IN WITNESS WH4 affixed the Corporate December, A.D_ 2004. ATTEST: DEPOSE` O P ,_�Wff�lthat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. 2EOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, _a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Hardy & Harper, Inc 1312 E Warner Ave Santa Ana, CA 92705 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) ECrtw-.IV 2007 MAY 30 PM 1: 56 C. `r` +' Huiti l) ii SECTION C PROPOSAL for the STREET REHABILITATION of - MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1.295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to .complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature i i i I i I C-2 CITY OF HUNTINGTON BEACH W PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total I Mobilization 1 L.S. $ y5y,b0 $ y�1 y6y 00 2 Traffic Control 1 L.S. $C� 0W,00 $ �$ fr0o.dv 3 Unclassified Excavation (0.75') 1,960 C.Y. $ 3$,00 4 Aggregate Base (05) 2,645 TON $ / g,, 00 5 Asphalt Concrete (0.25') 1,323. TON $ b5.00 $$ 995-, av 6 Uniform Depth Cold Mill (0.1T) 177 S.Y. /p, 60 / -2?0. 7 AC Inlay (0.1T) 20 TON 30.00 8 Remove and Construct Sidewalk 13570 ,. S.F. S, 30 $ �/ rfa/00 per City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ 3,00 $ 00 Gutter per CityStandard Plan 202 / b0, 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable 00 warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface 24 SF utilizing the "Vanguard" system ... 00 p �o�� p� / or approved equal. ) 12 Remove and Construct $ Sn $ Residential Drive Approach per 4,690 S.F. �, �"�,OU CityStandard Plan 209 C -1 CITY OF HUNTINGTON BEACH 0 PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ /J50 $ n UO 76j$ ' Cross Gutter per City Standard 3,750 S.F. Plan 205 14 Re-establish Residential Lot 31 EA. $ j 000' d $ 3/1 OLXCo Drain per City Plan 204 15 Remove Existing Tree 26 EA. $ ®©Dd, dO $ 096oz,®0 16 Adjust Meter Box to Grade 38 EA 350PO !3 300.00 17 24" Box Tree - Crape Myrtle (Planted) 20 E�' $ aD $ 18 24" Box Tree -Purple Leaf Plum (Planted) 12 EA. $ �/s~0 pD $ !��®00 19 Construction Staking 1 L.S. $ // 4000. @O $ / 060 20 Monumentation Preservation 1 L.S. $ - 6W, 00 $ 0X.80 Subtotal for CC# 1295(in Numbers) _ $ ��� ©�(%00 Subtotal for CC# 1295 (in words) lI_ S/ /'1 ��P� ,6, Ty 0,0& �i©uW—W Dollars and C) I LOO' Y .> Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization I L.S. $Yr,6W,50 $36,122 2 Traffic Control 1 L.S. $ = eo $ OM, CO 3 Uniform Depth Cold Mill 1,235 S.Y. $ Y,00 $ V" 91/0,6 4 Variable Depth Cold Mill 969 S.Y. $ q 60 $ -5 M00 5 Unclassified Excavation 690 C.Y. $ 5-F,00 $ Vo 0do'co 6 A gregate Base 868 TON $ 02d. 00 $ 14 09 , 00 7 A.C. Overlay/Inlay 452 TON $ 99,570 $ Y 020,CV 8 A.C. Base Course 97 TON $ 1'8, 00 $ F5�� jd 00 9 Asphalt Concrete 434 TON $ 5F, 00 $ /%?. 00 10 Remove and Construct Sidewalk 2S.F. ,301 S.. �, �Q $ /g%�6�Q per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ 00 $ e .1 gs�ap Gutter per City Plan 202 �v; 12 Remove and Construct $ $ Longitudinal Gutter over 3,523 S.F. Aggregate Base per City Standard ®0 Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent curb and gutter and detectable 2 EA. �XO 00 warning truncated dome surface. i 14 Remove and Construct Alley $ $ pproach per City Standard Plan 1,491 S.F. �Q 00 210 15 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F. utilizing the "Vanguard" system 1 0,00 ®C�ol0, 00 or approved equal. / C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA.�, $ 00 $ 00 ©C117. Grade 17 Adjust Sewer Manhole Frame 3 EA. $ T, 00 $ o'? Y00, 00 and Cover to Grade 18 Remove Existing Tree 6 EA. $6W,00 $ 3 ez 19 Adjust Existing Meter Box to 14 EA $ ;350,00 $ ;-oo'� Grade 20 24" Box Tree - Tristania Laurina (Planted) 7 EA. $ $ ®5�, pp 21 Construction Staking 1 L.S. $ $ Sco,00 22 Monumentation Preservation 1 L.S. $ 5-00, $ �, 00 Subtotal for CC# 1309 (in Numbers) _ $ M0.00 Subtotal for CC# 1309 (in words) _ Fov& h iliAld &61W Dollars and ® Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC#1295 (in words) _ 151 X h aod# tW V1&7TY tc7e ou 5i� and ,4 Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) =_ Dollars Cents � 1104-6 v Dollars and _ ¢IJ® Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) 000, 00 Total for CC# 1295 and CC# 1309 (in words) _ /Vj,J%Y ,0/,J C-, l®l/"Od Dollars and *0 Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class SUd�I,C �A' !'o2A IV A /, e ck h O (�Aj c K e. o3 w. Si_ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steve Kirschner , being first duly sworn, deposes and says that he or she is Vice President of Hsr & ua,.�e g- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Su NOTARY PUBLIC Hardy & Harper,Inc, Name f Bidder Si ature of Bidder Steve Kirschner 1312 E.. Warner Ave. Santa Ana,, Ca, 92705 Address of Bidder s 29th day of May 20 07. JO—ANN LYONS r+ CONJ 1. #15701451 Ell to NOTARY PUBLIC-CALIFORNIAto ORANGE COUNTY f+ MY njAPR.17, 2009 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. ' The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: May 29, 2007 Hardy & Hamer,Inc. Vice President Title C-5 DISQUALIFICATION QUESTIONNAIRE t JI J In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes :] No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: "lay 29, 2007 1 9 ,4 Vice President Title C-7 I UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Hardy & HaXjper f Inc _ Contractor i B teve K:zrschner Vice President Title Date: May 29, 2007 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hardy 9, Haxner- Tnc Bidder Name r 1312 E., Warner Ave.. Business Address Santa Ana,, Ca., 92705 City, State Zip ( 714 .) 444-1851 ' Telephone Number 215952 A C-8, C 12. ;J State Contractor's License No. and Class 3/13%63 Original Date Issued 12/31/07- Expiration Date The work site was inspected by onrev ssl er of our office on May 23, , 20 07 The following are persori�; firms, and corporations having a principal interest in this proposal: Fred T. Maas Jr. President - Steve Kirschner Vice President Kristen S. Paulin Secretary Dan T. .Maas CEO C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Hardy & Harper,Inc. Steve Kirschner, Vice President Printed or Typed Signature Subscribed and sworn to before me this2 ±hday of n,hy , 2007 . JO—ANN LYQ S COMM. #1570145:q D3IBMY NOTARY PUBLIC -CALIFORNIAco hi ORANGE COUNTY r► COMM. EXP. APR. 17. 2009 NOTARY PUBLIC Lyons, Notary Public NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. See Attachment "A" Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount 2. 3. Type of Work Name and Address of Public AIn gency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 ATTACHMENT "A" Name & Address of Rep & Telephone Type of Work, Year completed Owner/Agency & $ amount City of Rialto Mark Devlin Construction of Street 150 South Palm Ave. (909)820-2530 Resurfacing on Various Streets Rialto, Ca. 92376 11/30/04 $1,065,882.00 County of Orange Holly Phillips Asphalt Overlay & Slurry Seals 1750 S. Douglass Rd. (714)567-6253 Various Locations, 12/31/04 Anaheim, Ca. 92806 $632,954.00 City of Rancho Palos Verdes Bindu Rash Crest Road Street Improvements 30940 Hawthorne Blvd. (310)544-5252 09/30/04, $561,008.00 Rancho Palos Verdes, Ca.90275 Santa Ana U.S.D. (714)558-5614 Santa Ana High School #6 1601 E. Chestnut Ave. Fred 02/28/06, $1,010,090.00 Santa Ana, Ca. 92701 City of Norco (951)270-5602 Overlay of Various City Streets 3954 Old Hamner rd. Bill Thompson 08/04 $411,025.00 Norco, Co. 91760 City of Villa Park (714)998-1500 Street Maintenance prjt 2003 17855 Santiago Blvd. 10/31/04, $296,848.00 Villa Park, Ca. 92667 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, that we Hardy & Harper, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of *** Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Street Rehabilitation of Myrtle Dr. from Gentry Ln. to Brimhall Ln. and WHEREAS, the Principal has submitted a bid for Normandy Ln. from Shayne Dr. to Myrtle Dr. Cash Contract No.CC #1295, and Roadway Improvements within the Oak View Area and Mandrell Dr. from Oak Ln. to Ash St. Cash Contract No. CC #1309 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ***(10) Ten Percent of total amount bid Signed and sealed this 23rd day of May , 20 07 Hardy & Harper, inc. (Principal) *erSC ne tness) " Z - Vice President (Title) Travelers Casualty and Surety Company of America (Surety) (Seat) (witness) Attorney -In -Fact Kathle n Maas (Title) The company executing this bond vouches that this document conforms to American Institute of Architects Document A310, February 1970 Edition CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .a�C.�S...•'sa.��.c�Ss�Ss�Ss�C,.c�4s�Q_s�S�s�•s�C.^�. �.a.2.�S.'�. ,-�. •,-.��'r^�. S�STc�.. _:���,.�3�� •�S/^�'is�NSSS/.^�. S..1C� ���•!^5�..�.. State of California County of nr On May before me, , tie a is n taryPublic") personally appeared es JO—ANN L' �j COMM. #15701451 03 NOTARY PUBLIC -CALIFORNIALo k! ORANGE COUNTY �. MY COMM. EXP. APR. 17. 2oo9 Place Notary Seal Above personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(p) whose name(e) is/am subscribed to the within instrument and acknowledged to me that he/sO/tbey executed the same in hisAw/b%* authorized capacity(i M), and that by his/later/tk* signature(a) on the instrument the person(p), or the entity upon behalf of which the person(pacted, executed the instrument. WITNESS hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: May 23 2_007 Number of Pages: Signer(s) Other Than Named Above: Kathleen Maas Capacity(ies) Claimed by Signer(s) Signer's Name: Stave Mrcrhner Individual Signer's Name: ❑ Individual Corporate Officer — Title(s): Mr-6 prasiciAnt ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: ar4y R- Har r Ins • Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On May 23, 2007 , before me, Susan Pugh, Notary Public Date Name and Title of Officer (e.g„ 'Jane Doe, Notary Publie) personally appeared Kathleen Maas Name(a) of Signer(s) SUSAN PUGH Commission # 17346803 s Notary Public - California Orange County WComm. E)ipile8 Mor 28, 201 i personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(# whose nameW is/* subscribed to the within instrument and acknowledged to me that)Wshe/tKa executed the same in .tx1>;/her/tMeFy authorized capacity(' , and that by W/her/ signature* on the instrument the personfO, or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Pkm Notary S" Abo" Susan Pugh 8'7 - N tic OPTIONAL Though the information below is not required by law, 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 Bond Document Date: May 23, 2007 Number of Pages: 1 Signer(s) Other Than Named Above: None ---------- ---------------------------------------------------- Capacity(les) Claimed by Signer Signer's Name: Kathleen Maas ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General It Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Travelers Casualty And Surety Signer Is Representing: Company of America 0 1997 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800-878.8827 WARNING: WITHOUT THE RED TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217005 Certificate No. 001368741 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dwight Reilly, Hal Dueck, and Kathleen Maas of the City of Anaheim Hills , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their _business ofguaranteeingthe fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittedin any aetions or proceedings allowed by law. IN WITNESS WHEREOF, the Com aniea have caused this instrument to fie signed and their- 'Corporate seals to be hereto affixed, this 3rd day of ary Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company `, St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G�SU,1 SWIEly �E�AE 6qy 1 *N^` .'+ 1Ng�v"u tY 4N0 Y ? omaRq J� .y a, p y P. --. 4•` J � y IpO SYq(14 V 1982�e' O � �.771 Y7CQIPZIIIAtED 927 g � z„'= r� C�NP_..R�it-�h :brtORrUR4Tfya" aP Ga ��1 � �4p qq� �� < : n; t ' o m HARTFORD. < t ti4Rfr6PD. 'S < t896 '_d:.SEAL:erF .v � P ! �OF NEYt� a'�Mmx;,���' IS .MAN,�Lr ram"�.� 66< �° t ,p` .•y�ANt� State of Connecticut City of Hartford ss. By: _ Georg Tho*enioresident On this the 3rd day of January 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TlT In Witness Whereof, I hereunto set my hand and official seal. TM My Commission expires the 30th day of June, 2011. � j0U8U # v Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cgmpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety.\(ompany, Ame - -id United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power,f"Attomey exe�ufed by sa ompames, which is in full force and effect and has not been revoked. ' r IN TESTIMONY WHEREOF, I have hereunto set my hand and txed the seals of said thrsanies this 23rd day of May 20 07. Kori M. Johans Assistant Secretary G l,Sfi,��l..[ $carry. JME pE 6,"°n \*M �yy,G .pY~ rySU q 1977 1951 N 927 4*`it:3EA4' SELL To RED City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Shawnan 12240 Woodruff Ave Downey, CA 90241 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANUNORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, J Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) R7 71 V r 7 7 2007 MAY 30 PM 1:57 HU,N'T IN G-f D From: SHAWNAN 12240 Woodruff Avenue Downey, CA 90241 TO: C 2oc<D '5�y-'ee* CA segctn ecovKA F I oar 9 7—(, q9 SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6i,3 bid in the amount of $toy, 4 am..,,,i bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 e CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MYRYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ 20,000• $Zo,OoO 2 Traffic Control 1 L.S. $ CEO, 000 . °° $ 6-0 i OW 3 Unclassified Excavation (0.75') 1,960 C.Y. $ m0,vo $ 10 •,'� 4 Aggregate Base (0.5') 2,645 TON $ J "' $ y 5 Asphalt Concrete (0.25') 1,323 TON $ 66* $ 6 Uniform Depth Cold Mill (0.1T) 177 S.Y. S 4'- 7 AC Inlay (0.17') 20 TON 00, 'Ve 8 Remove and Construct Sidewalk 13570 S.F. $ per City Standard Plan 207 ,. S'.V VZ 9 9 0-0- 9 Remove and Construct Curb and 3,400 L.F. $ $ Gutter per City Standard Plan 202 3 0.,: 10.1 to 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable warning truncated dome surface. ems• 11 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F.. utilizing the "Vanguard" system �® or approved equal. 30. 7 �� 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. 7- 3211 �0 City Standard Plan 209 C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. Plan 205 10. 37 S"oo.T 14 Re-establish Residential Lot $ $ Drain per City Plan 204 31 EA. ®p °- 60 3 10G. — 15 Remove Existing Tree 26 EA. $ 0.$ o "+mo 16 Adjust Meter Box to Grade 38 EA 2 "'® 17 24" Box Tree - Crape Myrtle 20 EA. $ $ (Planted) (odd ,eo i.2 18 24" Box Tree - Purple Leaf Plum 12 EA. $ $ (Planted) 19 Construction Staking 1 L.S. $ l0 ovo °'r' $ 20 Monumentation Preservation 1 L.S. $ '"' $ / =' Subtotal for CC# 1295(in Numbers) _ Subtotal for CC#1295 (in words) = 61x4 kundv'04 s ���� oar +►�«asa�d e h�., and 7_P,v-o $ (�Gy , og®. 251 Dollars Cents C -2 a CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total I Mobilization 1 L.S. $ Zp 000 . pO $ 2 D 000. °6 2 Traffic Control 1 L.S. $ t�0 000 • °® $ �O 000• =� 3 Uniform Depth Cold Mill 1,235 S.Y. $ 0.0-0 $ a4 so 4 Variable Depth Cold Mill 969 S.Y. $ S', Or $ 5 Unclassified Excavation 690 C.Y. $ a . S.- $ (r2 00. 6 Aggregate Base 868 TON $ qo.v $ 3110 7 A.C. Overlay/Inlay 452 TON $ $ co 8 A.C. Base Course 97 TON $ $40 9 Asphalt Concrete 434 TON $ /g0 . tv- $ 10 Remove and Construct Sidewalk 2S.F. >301 S.. 06 $ per City Standard Plan 207 Is*, I SoS. 11 Remove and Construct Curb and 1312 L.F. If $ Gutter er Cit Plan 202 ,. 3 ®. - �o 12 Remove and Construct $ $ Longitudinal Gutter over 3,523 S.F. Aggregate Base per City Standard va Plan 107 2 % �•! 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. curb and gutter and detectable t® Z� w_ warning truncated dome surface. 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. ,c 7. 'r o0 210 /" 437... 15 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F. 00 utilizing the "Vanguard" system o� m, 3®' �� •� or approved equal. C -3 CITY OF HUNTINGTON BEACH 41 PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to $ $ Grade S EA. 15o•°p ow 1,150. 17 Adjust Sewer Manhole Frame 3 EA. $ $ V° and Cover to Grade 0004 a ®o. — 18 Remove Existing Tree 6 EA. $ sw.-O-? $ 19 Adjust Existing Meter Box to 14 EA $ o® $ Grade 25®. 20 24" Box Tree - Tristania Laurina $ $ (Planted) 7 E�''L 1. 1, 2n® 21 Construction Staking 1 L.S. PL.S. $ "= $ 22 Monumentation Preservation 1 $ t '� $ ®po.— Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = dour huhdrecl ej!j �f fkOMSand fund re-d 4w&111 khvM Dollars and Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC#1295 (in words) = S x hxAhd✓eA s',y-ty tour a vc•K'a.nd e �4H�� Dollars and -7.-c r 0 Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = Cents $ g391 $23. TO(AY h(AVIJIed e11! (n+ +i IOuSQP74 kumdrad (werrEy fkv-n- Dollars and :2c r-O Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) = $ 1 k ( 02, C1 03 . °O Total for CC# 1295 and CC# 1309 (in words) _ One m; itioy► , o►we ht"reol -Vwa +Vic, c4sctyJ hI rye Auv►dPev/ +kr� Dollars and -te r o Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class u, marti'vieZo" Y` li c hzAA CA TYee S /yvice Otara c CA Su dw CA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Shwm A. Swft being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 12240 t Address Bidder Subscribed and sworn to before me this 2.3rd day of �Agj , 201-. s 0 1 vuMUEz COW A621M WTARY * C0MM; E is KWA4. W$ NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1.309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: MAY 2 3 2007 UL , . , Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Air 2 3 2007 I A. ._ Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: M, Title Date: MAY 2 3 2001 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: t� a 1 2 2 4 0 VJ occ� Y- %A Awe Business Address -Dowv�ej CA Cl 02 4 I City, State Zip j £� Telephone Number A State Contractor's License No. and Class m' 4, 1wi, Original Date Issued "IfFMA&M K 2WI Expiration Date The work site was inspected by of our office on HaT22rd , 2007. The following are persons, firms, and corporations having a principal interest in this proposal: R. riJ"f `4;1 r r• - C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name r J // Signa of der Printed or Typed Signature Subscribed and sworn to before me this Z3r-4day of May , 20 ;rNAJ V AWAIEZ COMM. 81821905 WAarvUBLr cauFORNw► i0ScoA" My Cow. EV, *V.14, M NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 2. REE A Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 3. AM AITAGUM Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 Office 562) 803-9977 1. OWNER: ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: 2. OWNER: ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: 3. OWNER: ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: 4. OWNER: ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: V t � ST. LIC. # 679962 12240 Woodruff Ave Downey, CA 90241 Fax 562) 803-9955 STATEMENT OF EXPERIENCE CITY OF TUSTIN BAYLEY SLATER P.M. 3730 S. Susan Street Suite 200 Santa. Ana, CA 92704 714)540-8863 (714)814-1455 MARK FLORER ROBERT ESTREMO MCAS Backbone Infrastructure $43,000,000.00 CITY OF COMPTON 205 South Willowbrook Ave. Compton, CA 90220 310) 605-5505 WILLIAM LEWIS Willowbrook Pavement, Sewer & Storm Drain Rehabilitation $2,741,000.00 CITY OF ALHAMBRA II I S. First St. Alhambra, CA 91801 951) 265-3543 AL PAGANI Valley Blvd Contract $4,900,000.00 C/O MAN.ff IATTAN BEACH 1400 Highland Ave Manhattan Beach, CA 90266 310) 802-5358 ED KOA 1999-2001 Street Imp Project $905,000.00 5. OWNER: ADDRESS: PHONE#: CONTACT: PROJECT: CONTRACT AMOUNT: 6. OWNER: ADDRESS: PHONE#: CONTACT: PROJECT: CONTRACT AMOUNT: 7. OWNER: ADDRESS: PHONE-#: CONTACT: PROJECT: CONTRACT AMOUNT: 8. OWNER: ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: 9. OWNER: PHONE#: CONTACT: PROJECT: CONTRACT AMOUNT: CITY OF CHNO 13220 Central Ave Chino, CA 909) 464-8367 NAGHME- H EVIANI 2001-2002 Street Rehabilitation Projects $1,850,214.82 CITY OF LA PUENTE RKA Civil Engineers P.M, 398 S. Lemon Creel Dr. #E Walnut, CA 91789 909) 594-9702 DOMINIC MILANO Nelson Avenue $309,700.00 CITY OF LAKEWOOD 5050 Clark Avenue Lakewood, CA 90712 562) 866-9771 ext. 2502 MAXWITHROW Paving Various Streets $2,000,000.00 CITY OF LA BRA 201 E La Habra Blvd La Habra, CA 90631 310) 525-0678 CHARLES STEPHAN Various Locations $2,200,000.00 PORT OF LONG BEACH 925 Harbor Plaza Long Beach, CA 90802 562) 843-6421 KEN GALE 2004/2005 & 2005/2006 Annual Equipment and Paving Contract $I 1 '000,000.00 Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Sialic Contractors Corporation dba Shawnan as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount bid Dollars (S i o°/u ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle Drive and Normandy Lane (1295) are. NOW, 'THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of May , 2007 Witness Witness ORSC 21328 (5/97) Sialic Contract rporation dba Shawnan (Seal) By: Name/Tide Federal Insurance Company Surety (Seal) By: Q . Douglas I Rapp Attorney -in -Fact CALIFORNIA ALL State of Cal•If]Dmia ss. County of 'LOSS ANAL •u, ES On MAY 2_ be�'ore me, Ileana J. 7azqu z, Notarzy Dsblic Hems and Tits or Officer ie.g., "Jane Due, Notary Public') personally appeared `lam t Name(s) of Signers) ILEANA J. VAZQUEZ !r. ; , ..°.. COMMI.lt62aso5 NOTARY RM- C CAI.ORta Q IOSANGELf8COUNfY my Gomm: Ems. NOv.11, 7Ap8 Have Noary seal Above aVrpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subsctibed to the within instrument acid 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. sigiiawc(✓bl` Norm `"' // i ?hough the information below is not required by law, it ma)i prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Desmipfimn of Attached lDocumerit Title or Type of Document Document Date: Signer(s) Other Than Named Above: Oapacitbj(ies) claimed by Sigi-rirr signer's Name: Number of Pages: ❑ individual Top otthumb here, ❑ Corporate Officer - Title(s): ❑ Partner -- ❑ Limited Cl General ❑ Attorney in Fact ❑ 7rustee ❑ Guardian or Conservator ❑ Other Signer is Representing: a JMG Nalibnei Maury Asabdation - mM oa 8wo lest-, P.O. a= 2402 , Ohamwmth, CA SIM-24M wwu ikminam pq Prod. Na = Reardar. Gail laVrrme 1-IieU-M-Mal City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Excel Paving Company 2230 Lemon Ave Long Beach, CA 90806 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Telephone: 7 1 4-536-5227 ) 'g ING, DBA EXCEL PAVING COMPANY E, MONAVENUE CA 9mr"I'r, twoo ar: �VAI v.�� i 'o ;illjll illillilir,'"'T " , r r, 2007 MAY 30 PH 1: 57 SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find%"jD-in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ 95, ma $ 15,6-6' 2 Traffic Control 1 L.S. $ 30 cup . $ 301 emu. 3 Unclassified Excavation (0.75') 1,960 C.Y. $t4z . $ �7.4• 4 Aggregate Base (05) 2,645 TON $ 7.(a.16 5 Asphalt Concrete (0.25') 1,323 TON $(o(o.�" $ �7 3l�(• 6 Uniform Depth Cold Mill (0.17') 177 S.Y. g1,45 4 Z67 '5 7 AC Inlay (0.17') 20 TON 0 • 1346 8 Remove and Construct Sidewalk 13,570 S.F. $ 5,60 $36. per City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ 35; - $ 1 1 c ' Gutter per City Standard Plan 202 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard 3j4O - 3� Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F.. utilizing the "Vanguard" system or approved equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. City Standard Plan 209 C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. Plan 205 14 Re-establish Residential Lot 31 EA. $ 00 - $ Drain per City Plan 204 15 Remove Existing Tree 26 EA. $11 dtr $ Z.B& to 16 Adjust Meter Box to Grade 38 EA 50. Z 1 �E?� 17 24" Box Tree - Crape Myrtle 20 EA. $ C66. $ q�W` (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $450, $ '5 q6-0 ' (Planted) 19 Construction Staking 1 L.S. $ 11 qav- $ 1(Q 20 Monumentation Preservation 1 L.S. $ $ 3puz , Subtotal for CC# 1295(in Numbers) _ Subtotal for CC# 1295 (in words) _ yagoJ &SLV121;DT /e0ffT� -r�uS� SIY- l�-t+5/)C`(�l tyyW Dollars and TgL6-t." F/ ✓6— Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $-np > $ 251lwS 2 Traffic Control 1 L.S. $ I L b-0 • $ 14(cuo . 3 Uniform Depth Cold Mill 1,235 S.Y. $ —1. $%L(S• 4 Variable Depth Cold Mill 969 S.Y. $ $62-793 - 5 Unclassified Excavation 690 C.Y. $ $Ltq e54. 6 Aggregate Base 868 TON $ $ 3g6bz) ' 7 A.C. Overlay/Inlay 452 TON $ $ (5� 8 A.C. Base Course 97 TON $ 1qr,,1. 9 Asphalt Concrete 434 TON $ `i01. $ 3 10 Remove and Construct Sidewalk 2,301 S.F. $ -z5 —[• $ 1% �3Z:75 —..per CityStandard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ ?3 3$. $ Jt��t,(� " Gutter per CityPlan 202 12 Remove and Construct $l� �o $� &Q -So Longitudinal Gutter over 33523 S.F. Aggregate Base per City Standard Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard8cj7� • •7(D� . Plan A88A. Includes adjacent 2 EA. curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley $I $ two � Approach per City Standard Plan 1,491 S.F. 210 15 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F. utilizing the "Vanguard" system or approved equal. C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Price Total 16 Adjust Water Valve Cover to 5 EA. rUnit $` $ r Grade 17 Adjust Sewer Manhole Frame 3 EA. $5750` $ and Cover to Grade 18 Remove Existing Tree 6 EA. $656 $ 19 Adjust Existing Meter Box to 14 EA $S(q;j . $ -Iq(o . Grade 20 24" Box Tree - Tristania Laurina 7 EA. $ yam' $ ` (Planted) 21 Construction Staking 1 L.S. $ cim . $ ct100 22 Monumentation Preservation 1 L.S. $ (-O 1 $ 3-)ct Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) _ $ 0 46¢ .zs and Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC#1295 (in words) = F1 $ -77,0. (chi_ .7-5 Dollars andCents Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = $ 9oq,14(oz • 715 r(I "M (u C, Mkk& Dollars and T"d� VVE— Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) = $ 111 Z5 , 13 ( . Sa Total for CC# 1295 and CC# 1309 (in words) = bq M it.0 6 � elNt— Hit"M TUt-W� �T ,Otis 4V09ki) ML en—n A IT,- Dollars and (' C-1 Cents C —5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 4UT � mP(t.Jtfc4;L- "psuic-7 -3qwz--7 Pa VUA- Qac�t� 47 UV 011`702— co'-9 5-035Z 17-4 ►J . rv\Al S7• awvvsiot- azsoz- CFA-tip a7,k5- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C. P. BROWN , being Ifirs�p.duly, [Wiom, deposes and says that he or she is PRESIDENT of EXCEL PAVING COWIPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this C. PHILLIPS y Commission. # 1492824 F :► Notary Public - Ca*mia 'D Los Angeles County ,., Ay Comm. Expires N.. 31, )Boll NOTARY PUBLIC EX(;EL PAVING C019PAill ' Name of Bidder Signature of Bidder C. gay MOWN, PRESIDENT 2230 LEMON AVENIJE LONG BEACH, CA 90306 Address of Bidder y of 3i�! da20 — NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1.309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Etr' P1LP. ls10., 0RA E kit L PAV1 G CO�IPA IY Contractor By .3 F" 1 +. 91ye it Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes R(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date. Pifil'G. Ge.A Contractor By Title a aP, 3ROMM,lli C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: �PAL'P.RAC, DRA k Y"IR PAVING COMPA 1Y Contractor By Aa �p H() o m, P,9 E S 10 1aOV, Title Date Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name r'ALP, INN, DBA EXCEL PAVING COMPANY 2230 LF-MON AVENUE CA OV.�an Business Address City, State Zip ) - (562)599.5841 Telephone Number STATE LIC. 688659 off State Contractor's License No. and Class Original Date Issued 6��Lm Expiration Date The work site was inspected by., )is&) -- of our office on bLviln )20 The following are persons, firms, and corporations having a principal interest in this proposal: CHIEF OPERATING OFFICER "A' SEERETAR4 A CHIEF F14UNGAL-41FRal GEORGE R. WRAE, SENIOR VICE PRESIDENT Cif P BROWN III, VICE PRESIDOff MWE E. FLATT, via Pnsiow WCHELF, E. DRAKULICH, ASSISTAlIff SKWAV PALP� INC. DBA TI. PAVING r,00 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ;:vcr—i PAlfNG C0041Y Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . C. PHILLIPS Commission. # 1492824 �• - �! Notary Public • Calgomia Los Angeles County '� ,..' N fomm. fxpirrs _ 31 2Bb8 NOTARY PUBLIC m NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 rH V IN%3 UUMYAN Y 11.0. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. VALE, INU. ULIA EXCEL PAVING COMPANY I'.O BOX 164"().`) A GENERAL ENGINEERING CONTIiACl'OR LONG BEACI-I, CA 90 806-51951; STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 DESCRIPTION OF OPERATIONS Excel Paving Company is a general engineering and paving contractor that has been in business for the past 25♦ years. The company Is a corporation owned by C.P. Brown, Jr. Their operations Include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site Improvements, grading, removal, etc. but will subcontract any work, which is not specifically within their domain. Occasionally the company will perform work at airports. They also may occasionally perform work In the "THUMB" area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately '/2 mile from the harbor. The company estimates 2006-2007 gross revenues of 85 million, $60 million of which is subcontractor and material costs. All work is performed in Southern California, with most in Los Angeles and Orange County. A great deal of work Is done for public entities, repairing/widening existing surface streets and roads (75% public entities and 25% private entities), pipe work, concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work is subcontracted out to other firms. Excel Paving Company also repairs a great number of paved schoolyards and parking lots (30%) and usually has a small amount of on going work at the Los Angeles, Burbank and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Hatt Vice President & Assistant Secretary Michele E. Drakullch Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 J AROLYN . B , ecretary EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone:562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner: Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: P.O. E30X 16405 LONG BEACH, CA 90806-514,'S (562) 599-5841 FAX (562) 591-7485 Company Phone Fax Contact Vulcan Materials 323-258-2777 323-254-6102 Silvia Arredondo R.E.H. Trucking 909-591-0871 909-591-05W Gina Mendiola Blue Diamond Materials 714-578-9507 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-552-8597 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown President Date Reference List • City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 • Burbank -Glendale -Pasadena Airport Authority 2827 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 (818) 840-8840 • Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 v' Bonding Agent: Rapp Surety Services 23481 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax: (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23'd Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (949) 553-9800 Fax: (949) 553-0670 Excel Paving Company Open Jobs May 31, 2006 12-Sep-06 Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO, PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,720,722 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 729,273 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 339,291 100.0% 3876 PARTHENIA, LA 1,153,774 100.0% 3947 TUSTIN AVE., ANAHEIM 4,145,076 99.9% 4,750 3959 SANTA MONICA BLVD., LOS ANGELES 49,233,937 85.2% 7,291,218 4024 UCLA KINROSS 2,329,669 100.0% 4042 GAYLEY AVE WESTWOOD 587,000 31.5% 402,250 4042 TUDOR WESTWOOD PLAZA 1,150,000 100.0% 4042 UCLA WESTWOOD 240,000 0.0% 240,000 4062 SANTA MONICA/MWD LA 7,700,000 91.7% 638,857 4064 WALGROVE E.S. L.A. 767,069 100.0% 4067 DEL AMO BLVD LONG BEACH 393,459 100.0% 4076 JESSE OWENS PK INGLEWOOD 562,447 100.0% 4077 CHAPMAN/ST COLL FULLERTON 135,411 100.0% 4083 HARBOR BLVD FULLERTON 214,172 100.0% 4084 SAND CANYON IRVINE 670,470 98.7% 8,670 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100.0% 4093 SAN FERN VLY LA 1,473,973 100.0% 4099 03 ST IMPRV INGLEWOOD 593,520 100.0% 4103 HOWLAND CNL CRT LA 290,526 100.0% 4106 PIER S BIRTH S102-S110 LONG BEACH 4,077,253 100.0% 4109 VARIOUS STS REDONDO BEACH 761,751 100.0% 4112 BELMONT PIER LONG BEACH 479,513 100.0% 4113 NO LONG BEACH LONG BEACH 1,743,250 100.0% 4115 WASHINGTON BLVD CULVER CITY 741,069 100.0% 4117 VANUYS AIRPORT VAN NUYS 620,336 100.0% 4120 SOUTHGATE HS LOS ANGELES 681,858 100.0% 283 4123 ANAHEIM ST LONG BEACH 3,029,106 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100.0% 4127 UNION STATION LOS ANGELES 429,149 97.3% 11,464 4129 MT. SAC WALNUT 897,723 87.5% 112,216 4144 CASE AVE LA 300,000 23.2% 230,507 4154 STS & ALLEYS W. HOLLYWOOD 176,197 80.1% 35,100 4156 STERRY E.S. LA 223,520 100.0% 4157 YUPLACENTIA FULLERTON 137,338 100.0% 4160 WARNER ES LA 988,639 100.0% 369 4164 KENNEDY HS ANAHEIM 949,762 71.1 % 274,678 4165 EL TORO RD LK FOREST 10,950,000 95.0% 543,789 opw.CJ eW Job. My 2006912-0 Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. ------- PROJECT/OWNER/AGENCY --------------------------------------- AMOUNT -------------- COMPL. --------------------- OF WORK ------- 4169 ---------------------- CEN PK WEST ----------------- LA -------------- 50,550 --------------------- 100.0% 4175 GLEDHILL ES NO HILLS 506,079 100.0% 4176 SILVER LAKE LOS ANGELES 1,302,701 100.0% 223 4177 COLD CANYON LOS ANGELES 481,211 100.0% 4179 PE BIKE TRAIL UPLAND 2,418,540 99.8% 5,549 4182 UCLA LOS ANGELES 65,000 18.5% 52,964 4182 UCLA CAMPUS LOS ANGELES 65,000 83.5% 10,731 4183 CAHUENGA LOS ANGELES 21,000 24.9% 15,780 4185 WHITTIER/PRESBY WHITTIER 7,400 100.0%. 4186 GETTY TRUST LOS ANGELES 850 100.0% 4189 AVE OF STARS CENT CITY 82,000 100.0% 4196 MWD/SEARL HEMET 9,019,425 99.2% 76,075 4197 LYNOOD USD LYNWOOD 1,520,919 100.0% 4205 DREW MID SCH LOS ANGELES 1,034,306 99.0% 9,999 4206 107TH ST ES LOS ANGELES 400,543 100.0% 4207 93RD ST ES LOS ANGELES 348,140 100.0% 4209 PCH/CATALINA LONG BEACH 657,469 100.0% 4210 GLENDALE BLVD LOS ANGELES 40,700 100.0% 4211 VARIOUS LOC LONG BEACH 310,787 99.9% 156 4212 GLENDORA/HILL LA PUENTE 11,736 100.0% 4213 ALDAMA ST SCH 19,097 100.0% 4217 KANAN RD/101 FRWY 13,589 100.0% 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100.0% 4220 SO CENTRAL HS LOS ANGELES 54,026 99.5% 285 4224 SUNSET BLVD. W. HOLLWOOD 166,602 73.3% 44,543 4226 MONTANOSO DR. MISSION VIEJO 164,223 100.0% 4230 VARIOUS LOC LOS ANGELES 441,551 99.4% 2,629 4232 VALENCIA MESA ' FULLERTON 550,000 46.2% 296,119 4233 VAN BUREN VLD. CO RIVERSIDE 2,080,000 57.3% 889,166 4235 VICTORY BLVD. CANOGA PARK 687,374 99.9% 444 4236 THOMAS EDISON MS LAUSD 809,245 98.1% 15,062 4237 S/W AREA LAX 4,900,000 94.7% 257,622 4240 LINCOLN BLVD. CALTRANS 10,350,350 40.5% 6,153,870 4241 BRACKETT ARFLD POMONA 373,977 98.9% 4,004 4242 CHANDLER/LANKERSHIM LOS ANGELES 4,850,896 72.1% 1,353,291 4243 ANDASOL ES NORTHRIDGE 131,502 100.0% 4245 LINNIE CANAL LOS ANGELES 366,290 85.1% 54,505 4247 7TH/710 FRWY LONG BEACH 575,636 99.2% 4,446 4250 2 FRWY GLENDALE 13,200 100.0% 4252 W. PICO BLVD. LOS ANGELES 518,794 97.6% 12,561 4253 S.A. STADIUM SANTA ANA 397,289 100.0% 4255 ROMOLAND CALTRANS 200,540 100.0% 4257 MIRAMONTE ES LOS ANGELES 677,111 97.0% 20,070 Or--Cb .d Jobe MN 2006 9-12-06 ----------------------------- �xcel Paving Company ------------------------------- Work Experience May 2006 --------------------- % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4258 N/E INTER SEWER LOS ANGELES 360,460 100.0% 4260 WESTLAKE VILLAGE 880,000 98.2% 15,423 4261 MULHOLLAND DR. LOS ANGELES 17,598 100.0% 4264 BELLA TERRA MALL HUNT. BCH 3,010,042 68.7% 942,283 4266 CENTINELA AVE. LOS ANGELES 2,588,928 5.2% 2,453,669 4268 RANCHO CUCAMONGA RANCHO CUCAMON( 234,424 100.0% 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 100.0% 4271 GETTY CENTER DR. CENT. CITY 28,907 100.0% 4272 CHIQUITA BLDG PORTOF LB 6,673,974 43.5% 3,772,645 4273 UCLA CAMPUS LOS ANGELES 72,097 2.1 % 70,618 4274 HARBOR BLVD LOS ANGELES 1,241,220 96.0% 49,961 4275 CLAY MS LOS ANGELES 620,819 100.0% 306 4276 GETTY CENTER DR. CENT. CITY 253,822 83.0% 43,271 4277 GETTY CENTER DR. CENT. CITY 4,384 100.0% 4279, 41 ST ST. LOS ANGELES 440,218 100.0% 4280 VIA ROSA/PV BLVD. PV ESTATES 504,157 98.9% 5,713 4281 HILLCREST ES LOS ANGELES 828,523 90.8% 76,420 4282 LOOP & PARK PL. IRVINE 1,112,969 99.9% 690 4285 MARLTON ES LOS ANGELES 278,427 100.0% 4286 WESTERN AVE. TORRANCE 28,640 100.0% 4287 GRAND AVE. EL SEGUNDO 144,402 100.0% 4292 PICO BLVD. LOS ANGELES 67,310 100.0% 4294 5 FRWY MISSION VIEJO 3,359 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,623,617 99.1 % 14,739 4296 GLENDALE BLVD LOS ANGELES 574,081 98.1 % 11,041 4297 VICTORY/TOPNGA LOS ANGELES 606,202 100.0% 4301 MICHELSON IRVINE 201,698 100.0% 4302 VERMONT AVE. LOS ANGELES 1,257,702 45.4% 686,546 4303 ISLAND EST LAKEWOOD 25,997 0.1% 25,980 4304 MEDIA STUDIOS BURBANK 18,700 100.0% 4305 JEFF/CENTINELLA LOS ANGELES 1,510,999 8.7% 1,379,111 4306 10TH ST. LONG BEACH 1,155,831 99.3% 7,695 4307 NEWPORT SHORES NEWPORT BEACH 1,584,278 98.2% 28,416 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 100.0% 4309 KING MS LOS ANGELES 933,869 30.2% 651,470 4310 VAIL/CLEVELAND MONTEBELLO 10,790 100.0% 4311 PLAYA VISTA LOS ANGELES 16,854 100.0% 4313 SSA PKG LOT CO ORANGE 189,508 95.8% 7,969 4314 PARK PLACE IRVINE 1,000,000 34.7% 652,713 4316 MONTROSE AVE. LACPW 2,471,000 11.6% 2,183,289 4317 BERTHS 226-236 POLA 3,141,000 1.8% 3,084,658 4318 RON REAGON FRWY SYLMAR 16,304 100.0% 4319 REDONDO AVE. LONG BEACH 219,880 53.7% 101,754 OM Clo,ed Jobe Me 2W6 &12-06 Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. ------- PROJECT/OWNER/AGENCY ----------------------------------------------------- AMOUNT COMPL. --------------------- OF WORK ------- 4320 ---------------------- CERRITOS PARK ------------------------------- GLENDALE 300,965 --------------------- 29.0% 213,540 4321 SO. EAST HS SOUTH GATE 12,000 100.0% 4322 E. PCH WILMINGTON 14,216 99.3% 106 4323 6TH & PCH HUNTINGTON BCH 16,092 72.4% 4,444 4324 USC, FIGUEROA & JEFFERSON 1,302,469 6.7% 1,214,817 4325 BLUFF CREEK PLAYA VISTA 50,310 66.6% 16,805 4326 BNSF, IND & WASH COMMERCE 306,986 6.7% 286,330 4327 UNION STATION LOS ANGELES 10,000 7.7% 9,226 4328 HIGHLAND AVE. LOS ANGELES 2,754,889 0.6% 2,738,581 4329 SUNSET BLVD. LOS ANGELES 1,888,845 0.6% 1,878,150 4330 HARBOR GATEWAY LOS ANGELES 2,374,709 0.6% 2,361,083 4331 OLIVE & LAKE BURBANK 12,876 99.4% 79 4332 SO. BRAND BLVD GLENDALE 1,982,548 0.6% 1,971,493 4333 VINEYARD & SATURN LOS ANGELES 8,545 95.7% 366 4334 710 FRWY CALTRANS 709,632 0.8% 704,119 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 92.7% 7,423 4336 VERMONT AVE. GARDENA 1,171,000 0.7% 1,163,358 4337 MCFADDEN AVE. 2,289,789 0.5% 2,277,215 4338 BNSF, WASH & IND NERVON 27,640 5.8% 26,025 4339 VARIOUS LOCATIONS LONG BEACH 1,468,235 0.5% 1,460,617 4340 SLAUSON AVE. CULVER CITY 2,136,269 0.5% 2,124,653 4342 MOOOG, WESTERN WAY TORRANCE 41,000 37.8% 25,504 4343 BRAND & HARVARD GLENDALE 106,000 0.0% 106,000 4344 PKG LOT PH 1 RANCHO SANTIAGO 819,465 0.6% 814,918 4345 3355 EMPIRE BURBANK 79,193 0.0% 79,193 4346 DAMON, CONSTELL OF STARS 161,437 0.0% 161,437 4347 HAMILTON HS LOS ANGELES 584,000 0.0% 584,000 CWe Cl.,dJebl May 2M&IU6 Excel Paving Company Work Experience May 2006 uo JOB CLOSED JOBS 5/31/06 SALES WORK NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. • 3716 710 FWY PCH TO 405 21,510,942 100.0% 3990 OCEAN BIND LONG BEACH 1,196,229 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 100.0% 4045 5 FRWY, OR. CO 180,290 100.0% 4057 PALO VERDE HSG 611,836 100.0% 4061 PANKOW BLDRS M.B. 720,917 100.0% 4098 BLEND E.S LA 273,966 100.0% 4102 DENA E.S. LA 177,306 100.0% 4104 MOULTON PKWY CO OF ORANGE 478,612 100.0% 4142 ROSECRANS LAWNDALE 233,216 100.0% 4143 CALLE MIRAMAR REDONDO BCH 536,987 100.0% 4161 ST OVERLAY SIMI VLY 704,970 100.0% 4168 MARINA DEL REY LA 459,915 100.0% 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 100.0% 4181 STATE ST ES LAUSD 334,787 100.0% 4191 HARVARD AVE. IRVINE 329,938 100.0% " 4192 COMPTON/61 ST LOS ANGELES 17,722 100.0% 4195 NEW JOB SAN CLEMENTE 10,966 100.0% 4198 AGOURA BIKE AGOURA HILLS 1,032,236 100.0% 4214 PCH/ZUMIREZ MALIBU 453,886 100.0% 4215 THE TOLEDO LONG BEACH 7,449 100.0% 4216 REEVES/NAVY PORT OF LB 268,611 100.0% 4222 PKG LOT 6 MONROVIA 406,899 100.0% 4227 SEWER REHAB REDONDO BCH 550,196 100.0% 4229 BLDG 10 & 28 24,697 100.0% 4246 SOUTH ST. ANAHEIM 492,994 100.0% 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 100.0% 4249 CAL TECH PKG PASADENA 39,406 100.0% 4251 5M FRWY CAL TRANS 188,210 100.0% 4254 PCH CAL TRANS 1,204,048 100.0% 4256 GARDENA HS GARDENA 1,009,381 100.0% 4259 LOMA VISTA ES 'LOS ANGELES 277,404 100.0% 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 100.0% 4265 INDIANA/WASH BNSF 15,290 100.0% 4278 CLARK AVE. LONG BEACH 517,203 100.0% 4284 CENT/LINC CULVER CITY 263,999 100.0% 4289 LUGO E.S. LYNWOOD 15,435 100.0% 4291 05-06 St.Maint AGOURA HILLS 831,113 100.0% 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 100.0% 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 100.0% 4300 PV LANDFILL LA SANI DIST 19,650 100.0% 4312 INDIANA/WASHINGTON BNSF 147,323 100.0% 4315 190TH/GREENLANE REDONDO BEACH 2,000 100.0% 0p -Ck,e Jobs My nN 9-12A CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Jefferson Blvd. Wideni PROJECT DESCRIPTION: Street widening, Infrastructure reconstruction, Street lighting, traffic signals, landscape & irrigation. LOCATION: Jefferson Blvd., Playa Vista, Los Angeles CONSTRUCTION VALUE: 6, 306, 687:00 IF YOIJR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: KATZ, OKITSU & ASSOC. PSOMAS. GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562) 599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company, LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION, PROJECT NAME: Slauson Ave/ SR-90 Impvts. PROJECT DESCRIPTION: On ramp & off ramp widening on SR90, Traffic Mitigation added left turn on Slauson Signalization & Signing LOCATION: Slauson Ave @ SR90 Culver City, Los Angeles CONSTRUCTION VALUE: 2.136 269 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHTI'ECT: KATZ. OKITSU & ASSOC. PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562)599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A_ COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB ly GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: S14,455.152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21.3/847-6613 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Alameda Street PROJECT DESCRIPTION: Redesign of Arterial Streets LOCATION: Intersection of Alameda Street and N. Spring St Los Angeles CONSTRUCTION VALUE: 3,197,043.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext. 248 OWNER INFORMATION. - NAME: City of Los Angeles Board of Public Works CONTACT: Raphael Villegas TELEPHONE: 213) 485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Phase 3 Container Yard Expansion Pier T PROJECT DESCRIPTION: Container Yard Parking Lot Expansion LOCATION: Pier T, Long Beach, Ca. CONSTRUCTION VALUE: 21,703,834.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 ext 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: Gary CardemoUe TELEPHONE: 562) 590-4172 CONTRACTOR'S NAME: PALP I.K. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF. THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PUSENTLY UNDER CONSTRUCTION. PROJECT NAME PROJECT DESCRIPTION: Asphalt Utility Removals, Grade, New Asphalt Paving and New Concrete RTG Runways LOCATION: Pier CONSTRUCTION VALUE: 5, 251, 800.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCI-I TECI': Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 Ext. 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: Peter Forsythe TELEPHONE: 562) 244-9077 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Highland Avenue Widening PROJECT DESCRIPTION: Redesign of Highland Ave and Adjacent Streets LOCATION: Highland Ave @ Franklin Ave City of Los Angeles CONSTRUCTION VALUE: 2, 754, 889.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A WITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION, - NAME: City of Los Angeles Board of Public Works CONTACT: Rafael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSBELIW STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: North Maclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Maclay Ave from 1st Street to Eighth Street CONSTRUCTION VALUE: 3,682,624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of San Fernando GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: Cit3, of San Fernando CONTACT: Daniel Wall/ City Engineer TELEPHONE: 818) 898-1225 Bond No. Bid Bond The American institute of Architects, A1A Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY'THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WI iEREAS, the Principal has submitted a bid for Myrtle Drive NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be mill and void, otherwise to remain in fill force and effect. Signed and sealed this 16th day of May 2007 Witness Witness ORSC 21328 (5197) PALP Inc. dba Excel Paving Company Principal (Seal) By: _T Nametride Federal Insurance Company Surety (Seal) By: 4"/' a P"", Douglas . Rapp Attorney -in -Fact ACKNOWLEDGMENT State of California County of Orange o nMay 16, 2007 fore me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and . acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ` C� 9 e9 A.P. 1OATS 45 411611 qW p �i-00 try M61 MYUM OLUN (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a NewYork corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California ---------------------------------- each as their two and lawful Attormey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bad bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 2 nd daY of January, 2004 Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset E. Robertson, Nhce FfmteM on this 2 2 ndmy of January, 2004 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and (mows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by auftdty of the By -Laws of said Companies: and that he signed said Power of Attomey asAssista r t Secretary of said Companies by like authority; and that he is acquainted with Franc E. Robertson, and (mows him to be Vice President of said Companies: and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is In the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and In deponents presence. Notarial Seal Karen A. rCiCe hoary PON(,, State of, New Jemy No. 2231647 Notary Public r..tM. FICA71ON of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. "A$ poibnrtfattomey for and on behaff of the Company may and shall be executed in the name and on behalf of the Company, either by the 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, President, any Vice President, any Assistant Vice President, arty Secretary, any Assistant Secretary and the seal of the Company may . be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings 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 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, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (i) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.-S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico'and the U. S. Virgin Islands, and Federal is licensed in American Sanwa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (iii) the foregoing Power of Attorney is true, correct and in fun force and effect. Given under my hand and seals of said Companies at Warren, NJ this 16th day of May 2007 `�9V �,te4Aflnf' `�Sd�C� 4' s tar t * .14 �ouu�P �fscotts�`� �Fw,ro4�' Pr Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety0chubb.c om State of California County of Los Angeles On ACKNOWLEDGMENT before me, C. Phillips Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C•P• Brown, President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. PHILLIPS WITNESS my hand and official seal. ; ,e Commission. # 1492824 It Notary Public - California o•Y % Los Angeles County . „ J —WY Comm. FTle.s N9 y 31, 2008 Signature (Seal) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 Los Angeles Engineering Inc 4134 Temple City Blvd Rosemead, CA 91770 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) Los Angeles Engineering Inc. 4134-Temple City Blvd Rosemead Ca,91770 2001 MAY 30 PM I : 5 iil i�A i�i ij,,,;7 t11a 4.Y i. p. c�� SECTION C 1 • PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1.295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 ' in the CITY OF HUNTINGTON BEACH ' TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: lie In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDD car a t plans, ER declares that this proposal is based upon careful examination of the work site, pl , specifications, Instructions to Bidders and all other contract documents. If this proposal is ' accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of 1 the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant • expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ' C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10 Bid Bo in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No D escri tion of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ / ( G00 $ 6� 100 2 Traffic Control 1 L.S. $ Y-5 150 _ $ i ,,l Sn 3 Unclassified Excavation (0.75') 1,960 C.Y. $ y3"` $ ;�, :2 go " 4 Aggregate Base (05) 2,645 TON $ a._ $ —7 513— - 5 Asphalt Concrete (0.25') 1,323 TON $ 8 C.70 $ H y7 gera 6 Uniform Depth Cold Mill (0.IT) 177 S.Y. 3 5 q0' 7 AC Inlay (0.IT) 20 TON 131 8 Remove and Construct Sidewalk 13,570 S.F. $ -TRO $ q1, 70�- er City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ q 5 $ j pt��`3Q0 Gutter per CityStandard Plan 202 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard i Plan A88A. Includes adjacent 10 EA. �� 50 curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F.. 6 0 o utilizing the "Vanguard" system or approved equal. 12 Remove and Construct $ $ Residential Drive Approach per 4,690 S.F. City Standard Plan 209 C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. r Co �, �, 000 Plan 205 14 Re-establish Residential Lot 31 EA. $ % $ a, g -70, J0 Drain per City Plan 204 ,60 , 15 Remove Existing Tree 26 EA. $ 100 $4 60 16 Adjust Meter Box to Grade 38 EA l' 0 17 24" Box Tree - Crape Myrtle 20 EA. $ i $ --5,G q ® ' (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ $ (Planted) 19 Construction Staking 1 L.S. $ V� j 4 $ ' � 140 20 Monumentation Preservation 1 L.S. $ __5' 00 $ 00 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC#1295 (in words) _ and ✓di, jgh�y thw, $ _1K 9.6-S40 Dollars Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quan i Unit Unit Price Total I Mobilization 1 L.S. $-341900 $59 900- 2 Traffic Control 1 L.S. $ Q,500— $ 3 Uniform Depth Cold Mill 1,235 S.Y. $ ` o 4 Variable Depth Cold Mill 969 S.Y. $ $ 5ff 5 Unclassified Excavation 690 C.Y. $ 'S'3. b $ . f-$ -- 6 Aggregate Base 868 TON $ ga $ R 8 q 70, y , 7 A.C. Overlay/Inlay 452 TON $ 198,50 $ 'd COa- 8 A.C. Base Course 97 TON 9 Asphalt Concrete 434 TON $ ` 5, Q $ `3 0 '36aF b© 10 Remove and Construct Sidewalk 2,301 S.F. $ —79 ci $1g 177,90 per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ $ Gutter per City Plan 202�' 12 Remove and Construct $ $ Longitudinal Gutter over 33523 S.F. 0 Aggregate Base per City Standard Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. ISO curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley $ $ Approach per City Standard Plan 1,491 S.F. 210 15 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F. ®� p �� 90 utilizing the "Vanguard" system or approved equal. C -3 1 1� 1 1 1 1 1 1 1 1• 1 1 1 1 1 1 1 1� 1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of -Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $ a� ®~ $ [,too Grade 17 Adjust Sewer Manhole Frame 3 EA. $ S6 $ �, $ and Cover to Grade 18 Remove Existing Tree 6 EA. $ 6(3o- $ wo- 19 Adjust Existing Meter Box to 14 EA $ �3� $ a $� Grade ' 20 24" Box Tree - Tristania Laurina 7 EA. $ R q6 $ V? a2� (Planted) 21 Construction Staking 1 L.S. $ "111 0oo $ O 0061_ 22 Monumentation Preservation 1 L.S. 1 $ 'it OCO" $ a©r Subtotal for CC# 1309 (in Numbers) Subtotal for CC# 1309 (in words) _ �h V ►d�� St41V A10e Dollars and Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ' STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE 1^rom SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 ' Subtotal for CC# 1295(in Numbers) _ $ rev r�D Subtotal for C1C#1295 (in words) _ 1 5�'r�-rnYl�,^^ant tw �i y— ,fit *04M l Al Vleh" C1f QLq*y ibree Dollars and sey P.,n7 Eby T Cents Subtotal for CC# 1309 (in Numbers) _ $ Subtotal for CC# 1309 (in words) _ ' ;,qv Aim- fihrand 1CiHAo,,Jvd Dollars and l fy Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# ' 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. r Total for CC# 1295 and CC# 1309 (in Numbers) = S 11 1 3S, Total for CC# 1295 and CC# 1309 (in words) = oye Pllkan 00c4yJa d k riy e l thf thwsgn d filthundeed two Dollars and Cents I C -5 1 1� 1 1 1 1 1 1 1 1• 1 1 1 1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor - State License Number Class co aid 1 y 6 i6 99 o C-Cl By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ' State of California ss. County of Orange Kim Zuccaro being first duly sworn, deposes and says that he or she is Vice President Contract Administration Of Los Angeles Engineering the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by ' agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or ' • to any member or agent thereof to effectuate a collusive or sham bid. Los Angeles Engineering Tnr_ Name of Bidder �5t Kim Zuccaro Signature of Bidder 4134 Temple City B1vd Rose ead Ca,91770 Address of Bidder Subscribed and sworn to before me this '3o_ day of May 20 M LOGAN JOH Y Ok RIE COMM #1574 27Cn X i q NOTARY P4, BUC-GALIFORNIA) « LOS ANGELES COUNTY LMy Cnmm�ssior Expires April 29, 2009 «- NOTARY PUBLI Logan Jorey OBrien NOTARY SEAL C-4 r UTILITY AGREEMENT r HONORABLE MAYOR AND CITY COUNCIL rCITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: i'ie u�hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: r "Qualified Person: A person who, b reason o experience or instruction, is familiar with the P Y .f P operation to be performed and the hazards involved. " r The undersigned also promised and agrees that all such work shall be performed in accordance � p �' with all applicable electrical utility company's requirements, Public Utility Commission orders, 10 and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. r Los Angeles Engineering Inc. Contractor r Kim Zuccaro rBy r 0 r Date: 6_—�) —07 Vice President Contract Administration Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary r interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety eregulation? ❑ Yes xM No If the answer is yes, explain the circumstances in the space provided. iNote: This questionnaire constitutes a part of the Proposal, and a signature portion of the ' Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 5/30/07 Date: C-7 Los Angeles Fl»ino-ring Tnr_ Contractor ��K - Zuccar0 Vice President Contract administration Title M UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER • (To be completed only by the awarded Contractor prior to excavation) ' No excavation will be pcirrutted until this form is completed and returned to the AGENCY. ' Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Los Angeles Engineering Inc. ' Contractor Kim Zuccaro By Vice President Contract administration ' Title Date: 5/30/07 r r Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Los Angeles Engineering Inc. Bidder Name 4134 Temple City Blvd Business Address Rosemead CA 9177() City, State Zip _( 626 ) 454-5222 Telephone Number 591176 A B C27 C10 HAZ State Contractor's License No. and Class 3/26/87 Original Date Issued 3/31 /08 Expiration Date The work site was inspected by Reza Afshar of our office on 5/22 , 20 0? The following are persons, firms, and corporations having a principal interest in this proposal: Angus OBrien, President, Secretary, Chief Financial Offi:ePr Kim Zuccaro, Vice President Contract Administration Ron Hallquist, Vice President Oprerations Manager C-9 1 1 1 1 1� 1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Los Angeles Engineering Inc. Company Name m Zuccaro Vice President Contract Administration Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 30 day of May , 200?,�„�, JI LOGAN JOKEY OBRIEN 6; mm #1.574427 i 'VOTARY PUBLIC-GALIPOANIACP a ..»•sue t.c , ANGELES COUNTY P' My Commission Expires April 29, 2009� NOTARY PUBLI Logan Jorey OBrien NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed. Completed Projects Reference List Project and Location: Bellevue Recreation Center Los Angeles, California Owner of Project: City of Los Angeles Department of Recreation and Parks Description: Outside refurbishments to recreation center, storm drain, irrigation, sod, hydroseed, baseball fields, play equipment, site furnishings, park lights, decomposed granite path Original Amount: $ 1,364,900.00 Final Amount: $ 1,620,711.00 Completion Date: May 2006 Reference: Name: Elia Sun Phone: (213) 978-1908 Fax: (213) 978-1901 Project and Location: Laguna Lake Restoration Project No. 5478 Fulllerton, California Owner of Project: City of Fullerton Description: Renovate lake bottom and water quality features Original Amount: $ 1,692,900.99 Final Amount: $ 2,181,403.00 Completion Date: December 2005 Reference: Name: Murdock Miralaie Phone: (714) 738-6866 Fax: (714) 738-3115 Project and Location: Rancho Madera Community Park Simi Valley, California Owner of Project: Rancho Simi Recreation & Park District Description: New park construction — restroom, maintenance building, six tennis courts, landscape and irrigation system for approx 5 acres, concrete walkways, picnic shelter installation, parking lot for approx 50 cars, new park lighting system Original Amount: $ 1,772,000.00 Final Amount: $ 1,894,010.00 Completion Date: October 2005 Reference: Name: Tom Evans Phone: (805) 584-4422 Fax: (805) 526-7648 Project and Location: Athletic Field Upgrades — Glendale Community College Glendale, California Owner of Project: Glendale Community College District Description: Synthetic turf and track, athletic field upgrades Original Amount: $ 1,710,400.00 Final Amount: $ 1,742,571.00 Completion Date: October 2005 Reference: Name: Bill Taylor Phone: (818) 551-5122 Fax: (818) 551-5289 Project and Location: Downey Avenue Sidewalk Systems Downey, California Owner of Project: City of Downey Description: Cone, sidewalk, curb and gutter, CMU retaining wall, etc. Original Amount: $ 416,826.00 Final Amount: $ 482,785.00 Completion Date: October 2005 Reference: Name: Anthony La Phone: (562) 904-7109 Fax: (562) 904-7296 Project and Location: Irwindale New and Existing Parks Irwindale, California Description: Renovate existing park and construct new park, including skate park, brick pavers, L & I, restroom building, shade structures, grading, drainage, electrical Owner of Project: City of Irwindale Original Amount: $ 3,853,221.00 Final Amount: Completion Date: November 2004 Reference: Name: Kwok Tam, City Engineer Phone: (626) 430-2200 Fax: (626) 430-2269 Project and Location: Warner Center Transit HUB Owner of Project: City of Los Angeles Description: Street/Intersection, beautification, colored concrete, grading, L & I, signs, electrical Original Amount: $ 2,489,253.50 Final Amount: Completion Date: November 2004 Reference: Name: Tony Lee Phone: (213) 978-2740 Fax: (213) 978-0174 Project and Location: Griffith Park Sportsfield Improvements Griffith Park Recreation Center, Los Angeles, California Owner of Project: City of Los Angeles Department of Recreation & Parks Description: Synthetic turf, L & I, concrete Original Amount: $ 854,000.00 Final Amount: Completion Date: November 2004 Reference: Name: Cathie Santo Domingo, P.E. Phone: (213) 485-0720 Fax: (213) 485-0720 Project and Location: Description: Owner of Project: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Description: Owner of Project: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Description: Owner of Project: Original Amount: Final Amount: Completion Date: Reference: Project and Location Description: Owner of Project: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Owner of Project: Description: Original Amount: Final Amount: Completion Date: Reference: Eucalyptus Park Improvements Hawthorne, California L & I, restroom building, electrical, grading, concrete (stamped) City of Hawthorne $ 1,517,035.00 October 2004 Name: Stanley E. Scholl, P.E. Phone: (310) 349-2980 Fax: (310) 978-9862 Washington Boulevard Public Improvements Street improvement, L&I, electrical Community Redevelopment Agency of The City of Los Angeles $ 1,889,500.00 April 2004 Name: Sandra Sunday Phone: (213) 977-2614 Fax: (213) 978-0174 Brea Downtown Project Brea, California Street/Intersection, beautification, stamped asphalt City of Brea $ 1,781,170.00 November 2003 Name: Raul Lising Phone: (714) 990-7600 Fax: (714) 990-2258 Pedestrian & Crosswalk Improvements Various Streets, Santa Monica, California Sidewalk, intersection improvement, electrical City of Santa Monica $ 5,003,000.00 July 15, 2003 Name: Beth Rolendson Phone: (310) 458-8291 Fax: (310) 576-9170 West San Gabriel River Open Space Lakewood, California City of Lakewood Easement beautification, L & I $ 771,500.00 June 2003 Name: June Anderson Phone: (562) 866-9771 Fax: (562) 866-0505 Project and Location: Owner of Project: Description: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Owner of Project: Description: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Owner of Project: Description: Original Amount: Final Amount: Completion Date: Reference: Project and Location: Owner of Project: Description: Original Amount: Final Amount: Completion Date: Reference: 2.) Project and Location: Description: Owner of Project: Original Amount: Final Amount: Completion Date: Reference: Murdy Park Reconfiguration Huntington Beach, California City of Huntington Beach L & I, grading, restroom building, drainage, concrete, electrical $ 850,000.00 March 1, 2003 Name: Eric Charlonne Phone: (714) 536-5430 Fax: (714) 374-1573 Santa Monica and Malibu School District Jacobs Facilities, Inc. AC pavement, play equipment, L&I drainage $ 1,860,000.00 July 2002 Name: Ken Simeon Phone: (323) 823-1382 East Ontario Metrolink Station Phase 2 City of Ontario Concrete platform sitework $ 3,061,604.00 March 2002 Name: Sam Guitierez Phone: (909) 395-2000 Fax: (909) 395-2070 US 101/Moorpark Road Interchange City of Thousand Oaks Ramp — freeway ramp improvements, contaminated soils $ 3,071,702.75 January 2002 Name: Manual Alvarez Phone: (805) 449-2400 Fax: (805) 449-2475 Potrero Bridge Replacement Thousand Oaks, California Widening of an existing concrete building City of Thousand Oaks $ 2,044,995.10 September 2001 Name: Sharmir Shahamiri Phone: (805) 449-2400 Fax: (805) 449-2475 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINCIS for the STREET REHABILITATiON11 of MYRTLE DRIVE from GENTRY LANE TO BRLNIH.-,AI-,I- LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. 1295 in the 2000 MAIN STR-EET HUNTINGTON BEACH, CALIFORN [A 92648 (714) 536-5431 BIDS Dtl"E- 2:40f) P.M., 2ND FLOOR City Clerk's Office THE AMERICAN INSTITUTE OF ARCHITECTS Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Los Angeles Engineering, Inc. 4134 Temple City Boulevard, Rosemead, CA 91770 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 120 Vantis, Ste 130, Aliso Viejo, CA 92656 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Rehabilitation of Myrtle Dr. from Gentry Lane to Brimhall Lane & Normandy Lane from Shayne Dr. to Myrtle Dr. — Cash Contract No. CC#1295 & Roadway Improvements within the Oak View Area & Mandrell Drive from Oak Lane to Ash St. Cash Contract No. CC#1309 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th (Witness) (Witness) day of May Los Anaeles Enaineerina, Inc. 2007 (Principal) L"� 3ue5tim Zuccaro By: Vice President CoTkk�#'act Administration Safeco Insurance Company of America (Surety) (Seal) By: 44,k— V11"n (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Safeco Insurance Company of America w POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle, WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***"*'***********SERGIO BECHARA; CLOE BIERMAN; REBECCA HAAS-BATES; WILLIAM SYRKIN; JOAN M. WYNN; LEONARD ZIMINSKI; Irvine, California' its true and lawful attomey(s}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of October 2006 STEPHANIE DALEY-`W�ATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY _ CERTIFICATE Extract from the By -Laws of SAFECOINSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued, by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking. Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant, secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power-of-attomey appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 1, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of May 2007 S-0974/DS 4/05 SEALS x sts. _ STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB POF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On 5/30/07 before me, Logan Jorey OBrien Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Kim Zuccaro Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence '� 'r LOGAN JJOREY OBRIEN IL ®. COMM #_i �; 4427 � � = %I NOTAPY PUB;_iG-GAUFORNIAU) LO ANGELES COUNTY i' MY COITIMISSior Expires AEri129, 2009 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 h and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: m 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 S7;4TEOI-` California COUNTY'OF Orange On 05/30/07 PERSONALLY APPEARED SS. ___._.• before rite, R. Haas -Bates, Notary Public William Svrkin personallY known to me�¢a�;'M�2$a� g--X*1X ) to be the personj#) whose name(X) is/AW subscribed to the within irrstruntent and acknowledged to me that helskkoekocxexecuted the same in hisll katuhoriZed cupacit.N' ), cat and that by h1s1*0q*6 k- signature( on the instrument the person(., or the entity upon behalf of which the persorNV tutted, executed the instrument. 11"ITNES.S mY hand and official seal. R. HAAS-BATES COMM. # 1473993 NOTARY PUBLIC-CALIFORNtA D ORANGE COUNTY n COMM. EXP. MARCH 2, 2008 + This area for Official Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT 17 INDIVIDUAL C� CORPORATE OFFICER ❑ PARTNER(S) 10 LIMITED ❑ GENERAL i,_j ATTORNEY -IN -FACT J TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR .� OTHER:_ SIGNER IS REPRESENTING: NAPdE OF PERSONS) OR ENTITY(IES) TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-19312r1Ev s;o,) ALL-PURPOSE ACKNOWLEDGEMENT MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. a California corporation The Director of LOS ANGELES ENGINEERING, INC., a California Corporation, held a special meeting of the Board of Directors at 4134 Texples City Blvd., Rosemead, California at. 2:00 p.m. on July 19, 2004. There was present at said meeting the following Director constituting the full Board.. ANGUS O•BRIEN ANGUS O'BRIEN acted as Chairman of the meeting and ANGUS O'BRIEN acted as secretary of the meeting. After discussion and upon motion duly made, seconded and unanimously carried, it was: RESOLVED: That KIM ZUCCAI�O, Vice President for Contract Administration, is authorized to execute on behalf of this corporation, any and all bid documents and contracts, thereby binding the corporation thereto; RESOLVED: The following persons are confirmed as _ the duly elected officers, serving in their said capacity until their successors are elected and qualified: ANGUS O'BRIEN ANGUS OIBRIEN ANGUS O'BRIEN KIM ZUCCARO President Secretary Chief Financial Officer Vita President for Contract Administration :There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the muting was adjourned. � a-__ ANGVEr 0' MIEN Secretary ATTEST: �P_ a- ANGUS 0"BRIEN Chairman City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 R J Noble Co 15505 E Lincoln Ave Orange, CA 92856 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) nm �. 2001 MAY 30 PM 1 5 STREET REHABILITATION - MYRTLE DRIVE & OAK VIEW AREA, HUNTINGTON BEACH BID DATE; MAY 30, 2007 BID TIME: 2:00 PM SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1.295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, -and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 ro If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 107- BID BOND in the amount of $----"----- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt -of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ 000x0 $ < 0, 000, 2 Traffic Control 1 L.S. $ 31, 600.00 $ 31, 600.00 3 Unclassified Excavation (0.75') 1,960 C.Y. $ 39.00 $ 76 440.00 4 Aggregate Base (05) 2,645 TON $ 19.00 $ 50, 255.00 5 Asphalt Concrete (0.25') 1,323 TON $ 68.00 $ 89 964.00 6 Uniform Depth Cold Mill (0.IT) 177 S.Y. 25.00 4,425.00 7 AC Inlay (0.IT) 20 TON 87.00 1,740.00 8 Remove and Construct Sidewalk 13,570 S.F. $ 7.00 $ 94,990.00 per City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ 38.00 $ 129,200.0 Gutter per City Standard Plan 202 10 Remove and Construct Curb $ 3,850.00 $ 38,500.00 Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ 110.00 $ 2,640.00 warning truncated dome surface 24 S.F. . utilizing the "Vanguard" system or approved equal. 12 Remove and Construct $ 8.00 $37,520.00 Residential Drive Approach per 4,690 S.F. City Standard Plan 209 U C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. 16.00 60, 000.00 Plan 205 14 Re-establish Residential Lot 31 EA. $ 1,800.00 $ 55,800.00 Drain per City Plan 204 15 Remove Existing Tree 26 EA. �' �oc>Acx� w 39 CZ)O-,4 16 Adjust Meter Box to Grade 38 EA 200.00 7,600.00 17 24" Box Tree - Crape Myrtle 20 EA. $ 600.00 $ 12,000.00 (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ 600.00 $ 7,200.00 (Planted) 19 Construction Staking 1 L.S. $ 11,000.00 $ 11 ,000.0 20 Monumentation Preservation 1 L.S. $ 3 , 000.00 $ 3,000.00 >G Subtotal for CC# 1295(in Numbers) _ $� Subtotal for CC# 1295 (in words) _ �1 %7l1 r ��'F vy �i��(` � t' T► o �U � ' �1.�1� kvk,&( fJ Sl Dollars and fJ D Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Ouantity Unit Unit Price Total 1 Mobilization 1 L.S. $ Is"D G,,0 $ ( 0o0,0 2 Traffic Control 1 L.S. $10,500.00 $ 3 Uniform Depth Cold Mill 1,235 S.Y. $6.75 $ 8,336.25 4 Variable Depth Cold Mill 969 S.Y. $6.75 $ 6,540.75 5 Unclassified Excavation 690 C.Y. $ 65.00 $ 44,850.00 6 Aggregate Base 868 TON $ 32.00 $ 27, 776.00 7 A.C. Overlay/Inlay 452 TON $ 95.00 $ 42,940.00. 8 A.C. Base Course 97 TON $ 103.00 $ 9,991.00 9 Asphalt Concrete 434 TON $ 80,00 $ 34,720.00 10 Remove and Construct Sidewalk 2,301 S.F. $ 15.00 $ 34,515.00 per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ 39.00 $ 51,168.00 Gutter per City Plan 202 12 Remove and Construct $ 14.00 $ 49,322.00 Longitudinal Gutter over 3,523 S.F. Aggregate Base per City Standard Plan 107 13 Remove and Construct Curb $ 6,300.00 $ 12, 600.00 Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley $ 14.00 $ 20,874.00 Approach per City Standard Plan 1,491 S.F. 210 15 Install liquid applied detectable $ 110.00. � , 640.00 warning truncated dome surface 24 S.F. utilizing the "Vanguard" system or approved equal. C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $ S-ae,; CC $ 4� Grade 17 Adjust. Sewer Manhole Frame 3 EA. $5.• �� $y S c. and Cover to Grade $ 1550;00 18 Remove Existing Tree 6 EA. $ -3 3 o D r 19 Adjust Existing Meter Box to 14 EA $ 200.00 $ 2,800.00 Grade 20 24" Box Tree - Tristania Laurina 7 EA $ 600.00 $ 4,200.00 (Planted) 21 Construction Staking 1 L.S. $ 9,000.00 $ 9,000.00 22 Monumentation Preservation 1 L.S. $ 3,600.00 $ 3,600.00 Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = $ �bl, 77gi r, o T�- 'k'b�t�vic_���t-r,-A►A0 Pi�e-yw kvpACeJ ? t Dollars and A7 J'P tJ6 Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC91295 (in words) = e7\Q14A ksvtJt tj Jkit'% l`_ o Aou and Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = .�o o r k v vtAr\uS one and Dollars 'JO Cents 7 5eQ..�,�► �i�sv.CAiCA ri Aid% (': r�Dollars Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) _ $ I A-3 . �_`jA * QL7 Total for CC# 1295 and CC# 1309 (in words) _ tiilp 1'1'l �LQ1 } �L`J i'�ly tir 46voAv-Y, ese c� &,V' 4 jtAjo JA ,(5 Aw%, �j Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Boric.. �.�.5, C. A-4aodk�p A � Lc.' u' ewc s,t � ��,Walwv•F� eko en.. X t Q'JSCa VPb' a 6 g S�r 6 C oZ s as C' By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange MICHAEL J. CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J. NOBLE COMPANY- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUB IONGH R.J. NOBLE COMPANY Name of Bidder nature of BidderMICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Address of Bidder 30thday of MAY 2007 QLJENNIFER DE IONGH NOTARY PUBLIC • CAUFORNIA H .M COMMISSION # 1448237 cORANGE COUNTY Comm. Ex .October 28, 2007 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shalltake steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. _ I Date: VAN. �01 aqa)l R_J_ NOBLE COMPANY Contractor ,'&2 e--"- Xy - MICHAEL J. CARVER, PRESIDENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes A10 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insuranc.! in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: MAY 30. 2007 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued _ before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title Date: MAY 30, 2007 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the. Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R J NOBLE COMPANY Bidder Name 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Business Address ORANGE, CA 92865 City, State Zip ( 714 ) 637-1550 Telephone Number A-782908 State Contractor's License No. and Class AUGUST 14, 2000 Original Date Issued AUGUST 31, 2008 Expiration Date The work site was inspected by STFyF MFNnn7.A of our office on MAY 93. , 20g,7 The following are persons, firms, and corporations having a principal interest in this proposal: R.J. NOBLE COMPANY A CALIFORNIA CORPORATION C-9 t The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.J. NOBLE COMPANY Company Name Si ature of Bidder MICHAEL J. CARVER, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 30t1day of MAY NOTARY 2007 . JENNIFER DE IONGH %."NOTARY PUBLIC - CALIFORNIA COMMISSION # 1448237 ORANGE COUNTY My Comm. Exp. October 28, 2007 NOTARY SEAL JENN FER DE IONGH Listed below are t e name , ddress and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 CITY OF TEMECULA, P.O. BOX 784, TEMECULA, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MYRA DE LA TORRE 951-694-6411 1.7 MILLION PAVEMENT REHABILITATION SEPT 2005 Contract Amount Type of Work Date Completed 2 CITY OF BUENA PARK, 6650 BEACH BLVD., BUENA PARK, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: SAM MAKAR 714-562-3750 1.2 MILLION STREET IMPROVEMENTS SEPT 2004 Contract Amount Type of Work 3. CITY OF SANTA ANA, P.O. BOX 1988, SANTA ANA, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: 2.7 MILLION STREET WIDENING Contract Amount Date Completed BILL ALBRIGHT 714-647-5029 DEC 2005 Type of Work Date Completed C-10 BID TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, ThatR. J. NOBLE COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surely, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH aS Oblinaa harainnftAr rallcrl the r)hlinaa in tha Slim of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10 a OF BID AMT), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET REHAB — MYRTLE DRIVE AND OAK VIEW ARENA/MANDRELL (12951309) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of tabor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Corriraci and give such bond or fronds, if the Principal Shaii pay to the Obligee the difference no, to exceed rile penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith c--tract ;,Ah an --the, party to perform #he 1 cdo covered by said bid', then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rdday of MAY 2007 O.Ajitness) CWitness) R. J. NOBLE COMPANY (Principal) (Seal) "EL J. CARVER, PRESIDENT (Tdie) TRAVELERS CASUALTrY.AND SUUTY COMPANY OF AMERICA 112 printed in cooperation with the American Institute of Architects !AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. C.1?69-C,{n7-9T CALWORN1A ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of ORANGE On D19401 before me, JENNIFER DE IONGH, NOTARY PUBLIC DATE - NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared MICHAEL J. CARVER, PRESIDENT, R.J. NOBLE COMPANY NAME(S) OF SIGNER(S) l personally known to me - basis of satisfactory evidence to be the person) whose name() is/$fe subscribed to the within instrument and ac- knowledged to me that he/tlr executed the same in his/herauthorized capacity(ies), and that by his/h rat ei JENNIFER DE IONGH t signatures on the instrument the persons, NOTARY PUBLIC - CALIFORNIA •^ COMMISSION # 1446237 or the entity upon behalf of which the ORANGE COUNTY My Comm. Exp. October 28,z, personN acted, executed the instrument. O WI ESS my hand and official seal. /\VUA� SIGNATURE OF NOTARY rIONAL 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 ENTITY(IES) 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 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of RIVERSIDE On ,before me, R. CISNEROS "NOTARY PUBLIC" Date Name and Idle of Officer (e.g., -Jane Doe. Notary Public') personally appeared MICHAEL D. STONG Names) of Signer(s) CA personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person s')'whose nameis/vl� R. CISNEROS subscribed to the within instrument and - COMM. #1488731 acknowledged to me that he/she/they executed NOTARY, VERSIDE COUNTY the same in his/he4# mir authorized the M Comm. Expires June 7, 2008 capacity(les-), and that by his/t efAkeW signature(,s�ron the instrument the person); `or the entity upon behalf of which the personal acted, executed the instrument. WITNESS myJ�hand and official seal. Place Notary Seal Above Sign.....Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1999 National Notary Association • 9350 Do Soto Ave. P.O. Box 2402 -Chatsworth, CA 91313.2402 • www.nationakatary erg Prod. 140, 5907 ffaoafer. Call Toll -Fria 1.000-876-IM7 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 218573 Certificate No. 001587967 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Cisneros, and Jeremy Pendergast of the City of Riverside , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernutt4in any actions or proceedings allowed by law. 24th IN WITNE$SpWHEREOF, the Compary c,lt�ve caused this instrutnent,to''be signed,and their_ corporate seals to be hereto affixed, this day of /A� ¢ St. Paul Guardian Insurance Company Farmington Casualty Company Fidelity and Guaranty Insurance Company = St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ors ,�� �g9ft� S�nriy � RE4 o�RM iMSG #JpN s.. PJp TY gryoa 4�p" �� `tyTy 4y0 .;. .._...... �co; r is - A n: a HARTFORD, Jj tilWtFdR0. r4 a! 1898 -� S' �LEALo ''•. �i Z`i 76 ..ST'i$Ll3 WOlO // Y �} tSa a"aa_ �>;S...T.. T� �br ��� � • 't' �1%1 ANTS' State of Connecticut City of Hartford ss. By: /GeorgldThompson, color ice President 24th April 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 000A ffi In Witness Whereof, I hereunto set my hand and ocial seal.My Commission expires the 30th day of June, 2011 '*—Marie C_ Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER - This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Comparaf; Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings 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 certified by such facsimile signature and facsimile seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached_ 1. Kori M. Johanson, the undersigned, Assistant Secretary-, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company QEAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of`Attomey exeeuted by said ompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals o' saidC"t apanies this J day of /'' , 20 0 Kori M. Johans Assistant Secretary 0(90 V SEALo3 ;J- SEAL : f ' Y„c4 To \crify the authenticity of this Power of Attorney, call 1-800-42t-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the ahove-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 30, 2007 L H Engineeering Co Inc 708 N Valley St, Suite Q Anaheim, CA 92801 RE: STREET REHABILITATION OF MYRTLE DRIVE FROM GENTRY LANE TO BRIMHALL LANE/NORMANDY LANE — CASH CONTRACT No. 1295 ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO ASH STREET — CASH CONTRACT NO. 1309 Enclosed please find your original bid bond for both projects. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Telephone: 714-536-5227 ► BID PROPOSAL FOR THE STREET REHAILITATION OF MYRTLE DRIVE FROM GENTRY LANR TO BRIMHALL LANE AND NORMANDY LANE FROM SHAYNE DRIVE TO ]t-ED E CASH CONTRACT NO. CC# 1295 AND _ ROADWAY IMPROVEMENTS WITHIN THE OAK VIEW AREA AND MANDRELL DRIVE FROM OAK LANE TO CASH CONTRACT A0. CC# 1309 IN THE CITY OF HUNTI ACH Bid Date: MAY 30, 2007 2:00 P.M. CITY OF HUNTINGTON BEACH ATTN: CITY CLERK'S OFFICE 2ND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONTRACTOR: L H ENGINEERING CO., INC. 708 N. VALLEY ST., SUITE Q ANAHEIM, CA 92801 PHONE: (714)758-8035 FAX: (714)758-8037 SECTION C PROPOSAL for the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1.295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. W'� Accompanying this proposal of bid, find ! P in the amount of $ o °r am which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE No Description of WorkQuantity Unit Unit Price Total I Mobilization 1 L.S. $- — $ 2 Traffic Control 1 L.S. $ a o $ V �- 3 Unclassified Excavation (0.75') 1,960 C.Y. $ ��p� $ ©O V- 4 Aggregate Base (05) 2,645 TON $ 5 Asphalt Concrete (0.25') 1,323 TON $ ®' $ o -70 6 Uniform Depth Cold Mill (0.1 T) 177 S.Y. s 7 AC Inlay (0. IT) 20 TON 0 000 8 Remove and Construct Sidewalk 13,570 S.F. $ $ per City Standard Plan 207 9 Remove and Construct Curb and 3,400 L.F. $ $ % �v Gutter per City Standard Plan 202 , 10 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 10 EA. '000 D� curb and gutter and detectable warning truncated dome surface. 11 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F.. ,c © y� utilizing the system : j or approved equal. 12 Remove and Construct Residential Drive Approach per 4,690 S.F. $ $ City Standard Plan 209 ` C -1 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE FOR STREET REHABILITATION of MRTYLE DRIVE from GENTRY LANE TO BRIMHALL LANE and NORMANDY LANE from SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 BID SCHEDULE (continued) 13 Remove and Construct Concrete $ $ Cross Gutter per City Standard 3,750 S.F. Plan 205 ' 14 Re-establish Residential Lot 31 EA. $ o v $ ., Drain per CityPlan 204 15 Remove Existing Tree 26 EA. $ p D ' $ 16 Adjust Meter Box to Grade 38 EA p to�� 17 24" Box Tree - Crape Myrtle 20 EA. $ 0_10 $ � 3 ©gip p (Planted) 18 24" Box Tree - Purple Leaf Plum 12 EA. $ j�od $ D o (Planted) 19 Construction Staking 1 L.S. $ D D $ 20 Monumentation Preservation 1 L.S. $ � o c 0-- $ Subtotal for CC# 1295(in Numbers) _ Subtotal for CC# 1295 (in words) _ and ogaw Dollars Cents C -2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ p 0.0 0-- $ / 0 Q o._ 2 Traffic Control 1 L.S. $ p o d' $ Z,p '- 3 Uniform Depth Cold Mill 1,235 S.Y. $ $ o� 4 Variable Depth Cold Mill 969 S.Y. $ 5 Unclassified Excavation 690 C.Y. $ — $ -� 6 Aggregate Base 868 TON $ $ 7 A.C. Overlay/Inlay 452 TON $ $ 8 A.C. Base Course 97 TON, $ 6 -- $P,3,0' 9 Asphalt Concrete 434 TON $ o-- $ 10 Remove and Construct Sidewalk 2,301 S.F. $ 77-- $ per City Standard Plan 207 11 Remove and Construct Curb and 1,312 L.F. $ $ Gutter per CityPlan 202 12 Remove and Construct $ $ Longitudinal Gutter over 3;523 S.F. / Aggregate Base per City Standard Plan 107 13 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 2 EA. Zt b ® 00- p 0 0' curb and gutter and detectable warning truncated dome surface. 14 Remove and Construct Alley Approach per City Standard Plan 1,491 S.F. $ _ $ -3 fN 210 1 15 Install liquid applied detectable $ $ warning truncated dome surface "Vanguard" 24 S.F. �� i utilizing the system a or approved equal. C -3 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROADWAY IMPROVEMENTS of OAKVIEW AREA and MANDRELL DRIVE from OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309 BID SCHEDULE (continued) No Description of Work Quantity Unit Unit Price Total 16 Adjust Water Valve Cover to 5 EA. $ $ Grade ZZ 17 Adjust Sewer Manhole Frame 3 EA. $ �� 6 $ �0 and Cover to Grade 0' 18 Remove Existing Tree 6 EA. $ pB �' $ 0,9 19 Adjust Existing Meter Box to 14 EA $ D $ Grade --0 000 20 24" Box Tree - Tristania Laurma 7 EA. $ / l p 0 $ 0 (Planted) 1 21 Construction Staking 1 L.S. $ p U' $ t0060 22 Monumentation Preservation 1 L.S. $ o Pao' $ Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) = and jeT`( 1►f flr-q-9-- Dollars Cents C -4 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 And ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH ST in the REET CASH CONTRACT No. CC# 1309 Subtotal for CC# 1295(in Numbers) _ Subtotal for CC# t 295 (in words) _ and Subtotal for CC# 1309 (in Numbers) _ Subtotal for CC# 1309 (in words) _ Q and /V - N /V & t �l Dollars Cents $ 1 -7J&=-- �►2C-r— Dollars Cents NOTICE: The award for this contract shall be based on the combined total of the bids for CC# 1295 and CC# 1309. The combined total of each project's bid schedule shall be shown in the box below. Total for CC# 1295 and CC# 1309 (in Numbers) _ $ 1-16.761? ----- Total for CC# 1295 and CC# 1309 (in words) _ ' \3gyCr� OURKS 9 © /L Cents C -5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 9-a-H QAM qqvDtwey� sr c y:<& 9zry �r.k. clfck By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange P*4U - H I--� �` , being first duly sworn, deposes and says that he or she is of L- H C2116Zk&AcIA)4c &, IN( -.the party making the f regoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. L 9 61:�iNA59Uw(i &.I iti c . Name of Bidder Si ture of Bidder A/Jrwc4m, LA 'p-416 J Address of Bidder Subscribed and sworn to before me thisdro��- 0 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the STREET REHABILITATION of MYRTLE DRIVE from GENTRY LANE TO BRIMHALL LANE And NORMANDY LANE From SHAYNE DRIVE TO MYRTLE DRIVE CASH CONTRACT No. CC# 1295 and ROADWAY IMPROVEMENTS within the OAK VIEW AREA and MANDRELL DRIVE From OAK LANE TO ASH STREET CASH CONTRACT No. CC# 1309, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: L d 6 if/ � Contractor By 2fko Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XN o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S'2� d Q4�141 :- , "ea 1-e, IxI Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: L d e;i)616MN�) C91 Contractor Ver `el-� Title Date: J� 13v Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �T ZAIC, Bidder Name Business Address j City, State Zip (7&) Telephone Number ,&433 5 /z 4 ( 9 State Contractor's License No. and Class Original Date Issued ,�— / -5 1 / ->-0 6 (� Expiration Date The work site was inspected by; L 0�&o f our office on , 2007 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. L � 6P161 A)&zW ) 6 a- , ) IN C Company Name &n--a , Signature otFidder u ML Printed or Typed ignature Subscribed and sworn to before me thisay of , 2001-. �STEPHEN B. MASHNEY Comm. # 1438874 �NO7ARy PUBLIC-CALIFORNIAOtange CntyMy Comm. Expires October$.2007 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l . �f t'� - i&O AN4, RPAY %W- fir . /¢i0 / C y9Z7 0 Name and Address of Public Agency 2. 3 Name and Telephone No. of Project Manager: Contract Amount Name and A of Public Agency of Work (� ate 6ompleted Name and Telephone No. of Project Manager: / =��% 1�- wo� Contract Amount Type of ork EVte Completed U 'Et V6K / Name and Ad ress of Public Agency O/A Name and Telephone No. of Project Manager: Z 014 �17d Contract Amount Type of Work )mpleted C-10 BID BOND KNOW ALL BY THESE PRESENTS, That we, LH Engineering Co., Inc. of Anaheim, CA as Principal, and SureTec Insurance Company thereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount Bid (hereinafter called the Principal), Dollars ($ 10% of amount bid for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Street Rehabilitation of Myrtle Drive from Gentry Lane to Brimhall Lane and Normandy Lane From Shayne Dr. to Myrtle Dr. and Roadway Improvements within the Oak View Area & Mandrell Dr. from Oak Lane to Ash Street NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of May Witness Witness 2007 LH Engineering Co., Inc. (Seal) " 4 Principal PkjF--1:4NC-?1'T Title SureTec Insurance Company '-t" By Frank Morcnes, Atiocaey-in-Fact S-0053/GEEF 10/99 POA #: 510003 ;;ureTee Insurance Company LIMITED POWER ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents snake, constitute and appoint Philip E. Vega, Frank Morones of Covina, CA its .true and lawful Attorney(s)-in-fact, with frill power and authority hereby conferred in its naive, place and stead, to execute, aciat . wledge an deliver any and all bonds, recognizances, undertakings or .other instruments or contracts of suretyship to include waivers to the conditions of :contracts and. consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully .and to the same extent as if such bonds were signed by the. President, sealed with the corporate seal :of the Company and duly attested by its Secretary, hereby.ratifying and confirming all that the said Attorney(s)-in-Pact may do in the premises.. Said appointment shalt continue in force. until 10/31/08 and. is made under and. by authority of the following resolutions of the Board of birectors ofthe SureiTee insurance Company: Be. it Resolved, that the President; any vice=President, any Assistant Vice -President; any Secretary prany Assistant Secretary shall be and is hereby vested iuith. full power and authority to appoint. -any one or more suitable persons as Attorneys)-in=Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and: of behalf of the Company, to: execute, acknowledge and deliver, any and all bonds; repognizances, contracts, agreements or indemnity and other conditional or obligatory' undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder; andany such instruments so executed by any such AttomcyAn-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolvedthat the signature -of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile; and any power ofattorney or certificate bearing facsimile signature or facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to besignedby its President; and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. 07 pN�, VKig, RANCE COMPANY BY: w l w e t Stateof Texas ss:� County of Harris On this 20th day of June, A.D. 2005 before me personally came 131 King, to me known, who, being by me duly sworn, did, depose and say, that he resides in Houston, Texas, that he is President of.SURETEC EC INSURANCE COMPANY, the company described in and which. executed the above instrument; that he knows the seal of said :Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said.Company; and that he signed his. name thereto by like order: nwnvem Michelle Denny Nokxy Public * ' State of TOXW �O MyCommisslon EVk% Michelle Denny, Notary P41611c August 27, 2008' My cominission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE' COMPANY, do hereby certify that the above and-forcgoipg is a'true and correct, copy of a.Power-of Attorn ey, executed by said Company; which.is still:in full force and effect; and'furthermore, the resolutions of theBeard of Dirz:<tor:<-, set out in the Power of Attorney are in full force and effect. Given under my hand and the. seal of said Company at Houston, Texas. this 25th day qA ay M. Brent Bea , ASsistant Sec ,�tae ,t Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authorityy ofahis power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 25, 2007 before me, Philip Vega, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Frank Morones 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 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 PHILIPVEGA Commbehalf of which the person(s) acted, executed the instrument. a ission # 1474231 b Notary Public - California a Orange County WITNESS my hand and official seal. My Comm. fxpires Mar 4, 2008 Though the information below is not required by law, it may prove valuatl and reattachment of this Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here Signature of Notary Public L- --------------------------------------- ;rsons relying on the document and could prevent fraudulent removal o another document. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here SD-1133 09/00