Loading...
HomeMy WebLinkAboutImperial Paving Company - 2008-06-16City g of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, PrJ"Aleje'� r DATE: July 15, 2009 SUBJECT: Retention Release Payment Company Name: Imperial Paving Company Address: 10715 Bloomfield Avenue City, State and Zip Code: Santa Fe Springs, 90610 Phone Number: (562) 523-975 Business License Number: A 239148 Local Address: Same as above Notice of Completion Date:7/02/09 Contract Purpose: Release the remaining 10% retention money to the above contractor for the Reconstruction of Various Residential Streets Maintenance Service Contract # 452 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. �1-( (0 - 0!7 Date q- Travis K. I certify that there are no outstanding invoices on fi -1--30-07 Date Hoftins, Public Works Director nricn, t y I reasurer 4, 1-c Mc w I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Q, l D-at6 J&d6 Fly n, Clerk Bond Su Pant gppmved as to Re" rFreid City Tt�eal:iM 3 signature Reten. Release Memo.doc 7/15/2009 10:33:00 AM IVCAIt PLEASE -COMPLETE THIS INFORMATION 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 IIIIII 1111111111111111111111111 IIII 11111111111111111111111111111111111111 NO FE E 2009000352806 04:30pm 07/02/09 111 200 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: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS,_ SC-45 That said work was completed June 5, 2009 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 June 5, 2009, 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 June 25, 2009. Di ector of ublic Works or City Engineer City of H tington Beach, California STATE OF CALIFORNIA) 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 June 25, 2009. Dir6efor of u lic Works or City Engineer City of Hu tington Beach, California 1�N Uv THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'.059-TITLE PAGE IR71951 RECEIVED BY:—, CITY CLERK RECEIPT COPY q j���- Return DUPLICATE to F t City Clerk's Office .l (Name) 6 after signing/dating (Date) t? lo(� A, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freide�nJrich, City Treasurer FROM: f /f%�% (_ L-'i l�*S UjC DATE: 0 i SUBJECT: Bond Acceptance have received the bonds for 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 <6 — /9 (Council Approval Date) (Company Name) /�0_5_�/ / Q Agenda Item No. City Clerk Vault No } #27 g1followup/bondletter.doc 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: Contract Project: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 MSC-452 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS 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 12th day of JUNE 20 09, at SANTA FE SPRINMalifornia. IMPERIA PAVING CO., INC. (Type C itr ctor Name) By: It All W IT Y Name:R BYRV LNOLILINJ Title:ASSISTANT SECRE 1 6-/i-) AI_ 1L) 3 • _3b - DIP 245911.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Mate of California County of LOS ANGELES otl Jung /.. �009 before me, DEBRA K. ARMS, NOTARY PUBLIC Date Here Insert Name and Tiile of the Officer personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Name(s) of Sioner(s) BR K A+rRm-s Commission * 1798674 Notary Public - CalBornla Los Angeles County My Comm. Ex Tres May 20, 2012 who proved to me on the basis of satisfactory evidence "o be the person(i j whose name({ is/XXsubscribeci to, t l- within instrument and acknowledged to me that: he/XUPW, executed the same in his/ XXX authorized capacityW, and that by his/�WX signatureO on the instrument the person(x), or the entity upon behaif of oihich the person(30, acted, executed the ins"P..iment. i certify tender PENALTY OF PERJ,[JrR `" under the laws of the Mate of California that the ioregoing paragraph i=; true and correct. WITNESS my hand and oificia€%seal. Signature h% � k. IOJ211� 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 documen' and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title cr Type of Doc Lime nt: C. k-A 4 %Ayd l,C�. _ Vl) (Utp—M ` a,_tl , / E , E , 0. Document Gate: Signer(s) Other Than Named Above: Capaeity(ies) Claimed by Signer(s) _/ .9-, C 7 Number of Pages: Signer's Name: Signer's Name: Individual ❑ Individual . Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ILl Limited ❑ General :.. E Partner.— ❑ Limited ❑ General :..here :I ,attorney in Fact ❑ Attorney in Fact —t __ Trustee Top of thumb here ❑Trustee Top of thumb Guardian or Conservator ❑ Guardian or Conservator l Other: ❑ Other: Signer Is Representing: Signer is Representing: 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402-ChatsNrorth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder`Call loll -Free 1-800-876-6827 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: MSC-452 Project: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS 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 1 2th day of JUNE , 20 09, atSANTA FE SPRINgCalifornia. IMPERIAL PAVING CO., INC. TvP on ractor Name) By: V Name: OBE _ C LL S Title: ASSISTANT SECRE A�0 d E 1�rI�ItA CITY ATTORNI Y _F S 03 a�) - fstp 1 247541 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES Or, , )Ut) F / ), before me, _DEBRI _4-K ARMS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Name(s) of Signer(s) ------------------- DEBRA K. ARMS CwMesion 0 1798674 'Notary Public - California Los AnqWes County My Conn. Expires Meg 20, 2012 who proved to me on the basis of satisfactory evidence to be the person(whose name(,4 is/X-Xsubscribed 1c: ffie within instrument and acknowledged'.) kr nie that hOWWF executed the same in his/MXU authorized capacittyW, and that by his/&YXAKsignatureO on the instrument the person(x), or the entity upon behalf which the person( 30, acted, executed 'he ins"P-Imenit. i I certify under PENALTY OF PERJUIRY under the 13-ois of the State of California that the foregoing paragrap,", is true and correct. WITNESS my hand and co-Ificiali seal. Signature P111 '6104�, k fiA^E--1 Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the doCLHT1J0t?/ and could prevent fraudulent removal and reattachment of this form to another document. Dhascription of Attached Document vtTifleorType of Document: 4 RulkJi.b 'Document Date: Number of Piinps Signer(s) Other Than Named Above: Capacity(ies) C11aimed by Signer(s) , Signer's Name: Signer's Name: L-1 Individual D Individual 11 Corporate Officer —Title(s): El Corporate Officer — Tille(s): F! Fartne, — Ul Limited Ll General 0 Partner —E] Limited __1 General Attorney in Fact Ll Attorney in Fact 0 —1 rustee Top of thumb here El Trustee Top of thumb here D Guardian or Conservator 7 Guardian or Conservator FJ Other: [_1 Other: Signer Is Representing: Signer Is Representing: (D2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth,CA 91313-2402-www.Nationa]Notaryorg Item #5907 Reorder: Call Toil -Free 1-800-876-6827 CONTRACTOR'S CERTIFICATE I, ROBERT COLLINS, ASSISTANT SECRETARY , state and certify that: (Name of Declarant) 1• IMPERIAL PAVING CO.. INC. is the general contractor to the City of Huntington Beach ("City") on Contract No. 4 5 2 (the "Contract") for the construction of the public work of improvement entitled: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS (the "Project"). 2. Ail 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 SANTA FE SPRINGS APPROVED AS TO FORM on this 1 2th day of JUNE 20 09. �A �'�k � (Signal e o eclarant) By: A":s S11-7/,* -U 3. Zo OCp Name: Title: 1 N5914.1 B CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On Jun E 1),_9, d 0 9 before me, _DEBR A K . ARMS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASSISTANT SECRETARY D'NAA K. ARMS Conanission ! 1798674 Rotary Public - California Los Angeles County My Comm. Ex es May 20, 2012 who proved to me on the basis of satisfactory evidence o be the person(} whose name( is/XXsubscribed to the within instrument and acknowledged I.o me tha: he/NMI executed the same in his/M authorizer", capacityW, and that by his/WeYA N signature(K) on 'rhr: instrument the person(x), or the entity upon behalf o which the person(K, acted, executed the instrument. I certify under PENALTY OF PERJURY under the lave, of the State of California that the foregoing paragraph iS, true and correct. WITNESS my hand and official seal. Signature 11,bl& k ld/2p� 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. ttDescriptlorr of Attached Document Title or Type of Document: n t 4 /a'/LC�,(t -q&T o &RzA - &cq Document Date: �- i -U / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(e) Signer's Name: Signer's Name: ❑ Individual ❑ Individual L_ 1 Corporate Officer — Title(s): [],Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited El General 1_1 Attorney in Fact ❑ Attorney in Fact Trustee Top of thumb here ❑ Trustee Top of thumb here 1-J Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder Call Toll -Free 1-800-876-6827 Bond No. 12054170 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 PROJECT: (Name and address) Reconstruction of Various Residential Streets Huntington Beach, CA OWNER ❑ ARCHITECT CONTRACTOR SURETY OTHER El ARCHITECT'S PROJECT NO.: Maintenance Service Contract No. 452 CONTRACT FOR: Maintenance Service Contract CONTRACT DATED: 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: June 10, 2009 (Insert in writing the month followed by the numeric date and year.) The Guarantee Company of North America USA (Surety) Attest: (Signature of uthorized resentalive) William Syrkin, Attorney -in -Fact (Printed name and title) S-2134/GE 10/01 XDP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.'-J. P, n .. G�?n�. '�J Z 41.\�'AC�oDS LAC.. �Y'J? .... '•? � ..•'a?a �n �... .'�? �J� 'A..\n . n � .'•D '�...� n • . '�3. V.. 'JD- '� State of California County of Orange On 06/10/2009 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€,) is/are subscribed to the within instrument and acknowledged to me that K. r ryl�l, - q�"C he/§heMiey executed the same in his/ authorized � � Cf:N 11 , ; ' 9616 capacity(tes) and that by his/ PiF signature(4 on the C7 �C." MIRY rual..0 '.LhF0 C :;i: if r � c c t; r T v instrument the person ft or the entity upon behalf of gUfORH Comm. EXPIRES APRr 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 Place Notary Seal Above ignature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer — Title(s): _ Partner — [2. Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Partner — U. Limited ❑ General 10, Attorney in Fact �_i Trustee Guardian or Conservator 11 Other: Signer Is Representing: r Top of thumb here 02007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 • www,Nationa]Notary.org Item #5907 Reorder: Cat[ 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, contrails of indemnity and other wridngsobligatoryin the nature thereof, which are or may be allowed, required orpermitted 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 fuilyand amply, Wall 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 bythe Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting, held on the 31d day of December; 2003. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. Tp appointAttomey(s}in-fact, and to authorize them to execute on behalf of the. Company, andattach 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, except as provided below 3. In oonnection with obligations in favorof the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the;:Attomey-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 theVA day of December2003, of which the following is a true excerpt: RESOLVED; that the signature of any authorized officer and the. seal of the Company may affixed by facsimile to anyPowerof 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'whenso used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused Tat instrument to be signed and its corporate seal to be affixed by its authorized officer; this 13th day of November, 2007. THE GUARANTEE COMPANY OF. NORTH AMERICA USA o� G �Q STATE OF MICHIGAN Stephen Duilard;Vice President Randall Musselman, Secretary County of Oakland On this 13th dax of November, 2007 before me came the individuals who executed the preceding instrument, to 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. c r: County of Oakland �r My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, ,do hereby.cerdfy-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 theeeunto set my hand and attached the seal of said Company this loth day of June, 2009 Randall Musselman, Secretary NA The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Phone: 248-281-0281 Fax: 248-750-0431 www.gena.com MAINTENANCE BOND BOND NO: 12054170 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 Ninety One Thousand Two Hundred Twenty One and 42/100 Dollars ($91,221.42 ) 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 Reconstruction of Various Residential Streets Maintenance Service Contract (MSQ 452 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 thefwise remain in full force and effect. Signed, sealed and dated this 10th day of ne 2009 Imperial r'a ' g Company, I �� By: ROtWT O I , A SISTANT SECRETARY The Guarantee Company of North America USA By: ttor y-in- a Will «n AP VED S TO O R1VI VIJENNIF R McGRATH, Attorney 67 2 ,� 7 CS0036 Maintenance Bond 1 of 1 8/12/2008 CALIFORNIAALL-PURPOSE T Xr;c.:.r_`'.-.�._�z<_..�� State of California County of LOS ANGELES On LV)E 1-�, gDO9 before me, DEBRA K. ARMS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS, ASSISTANT SECRETARY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(i } whose name(4 is/AX- subscribed to the within instrument and acknowledged to me that: he/MO09 executed the same in his/ XU authorized capacityW, and that by his/IX&M9 signature(g) on the instrument the person(x), or the entity upon behalf of which the person(K) acted, executed the insir+amen t. I certify under PENAUFY 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 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 documeni and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or ype of Document: ,� t A_ a TC� Document Date: _ _ /--/O-C q— Number of Pages: Signer(s) Other Than Blamed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Ll Individual ❑ Individual Corporate Officer — Title(s): [I Corporate Officer — Titfe(s): Partner — !JII Limited i ] General _ _ ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Attorney in Fact ° 0 Trustee Top of thumb here __l Trustee Top of thumb here Guardian or Conservator Guardian or Conservator t 1 Other: Other: _ Signer Is Representing: _ Signer Is Representing: L02007 National Notary Association • 9350 De Soto Ave- P.O. Box 2402 • Chatsworth, CA 91313-2402 ^ www-NationalNotaryorg Item #5907 Reorder Call Toll -Free t-800-876-6827 ) ,�� ° !�. _ r , r ��"•H° v �t s a r r -- s?.sJS�c..va.,pa State of California County of Orange On 06/10/2009 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) f�Q Q u i. r V q<rFgRh/ C{iii t�. cr.PiRi:S APR,t 2.7, 902 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/heAheif authorized capacity(ies), and that by his/lei# 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 ,,. t Signature o 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual I Corporate Officer — Title(s): — Partner — 0 Limited 0 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RiC,HTSIiMBPRIW oF..SHiGNER .. cf thumb here - Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _ , Partner — ❑ Limited ❑ General 0 Attorney in Fact E, Trustee Guardian or Conservator Other: Signer Is Representing 10 TH4 MEIPF?INi YOF SIGNER;" - 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• w .Na(ionalNotary.org item #5907 Reorder: Calf Toll•Free 1-800-876-6827 RECEIVED BY: (Name) (Date) 0 0� TO: FROM: Shari Freidenrich, City Treasurer DATE: =0 SUBJECT: Bond Acceptance I have received the bonds for (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. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating �W= Approved (�6 ` A4 -6 Agenda Item No. (Council Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0983 10715 Bloomfield Ave., Santa Fe Springs, CA 90670 TRANSMITTAL SHEET TO: ROBERT MARTINEZ COMPANY: CITY OF HUNTINGTON BEACH - CONSTRUCTION DIVISION ADDRESS: 2000 MAIN STREET PHONE NUMBER: (714) 536-5423 RE: CLOSE-OUT DOCUMENTS FROM: YVETTE QUINTERO DATE: 06/15/09 HUNTINGTON BEACH, CA 92648 REFERENCE NUMBER: MSC. 452 X URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY NOTES/COMMENTS: 1 EA - MAINTENANCE BOND 1 EA - CERTIFICATE OF COMPLIANCE - PREVAILING WAGE LAWS 1 EA - CERTIFICATE OF COMPLIANCE - TITLE VII OF THE CIVIL RIGHTS ACT AND EQUAL EMPLOYMENT OPPORTUNITY ACT OF 1972. 1 EA - CONTRACTOR'S CERTIFICATE 1 EA - CONSENT OF SURETY TO FINAL PAYMENT IF THERE IS ANYTHING ELSE YOU NEED, PLEASE FEEL FREE TO CONTACT ME AT THE OFFICE. (562) 944-0975 EXT. 213 THANK YOU, YVETTE QUINTERO CONTRACT ADMINISTRATOR ,,. Y..��:.N"'k-.6 .� -... .- ... .-`i�. :;•�; v ;�: �i .r_.. 'i+^"'.v .. .. w.y-\..-.''.-. �.,...�.....�-.. ..-r-�r+5.._,,;... ..rgl.j:r vs� _ RECEIVED BY: Al (Name) j (Date) FOE CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 1 .1111111 11 TO: Shari Freidenr✓ich, City Treasurer FROM: f .` r, r DATE: SUBJECT: Bond Acceptance I have received the bonds for 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. C Approved // lowl (Council'Approval Date) (Company Name) Agenda Item No City Clerk Vault No #27 g:/followup/bond letter. doc ®. CITY OF HUNTIN TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 18, 2008 imperial Paving Company 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 Attn: Mr. Jim Dunleavy Re: Reconstruction of Various Residential Streets — MSC-452 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 project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g:followup\cashcont\cashcon-letter.doc ( Telephone: 714-536-5227 ) 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] A�/j"3 l 1 CiRA �jd �'o CI1 Y ATTORNEY izs ®-3- ab - Mp 2475421 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: 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] Title: [Type Title] E , c)RNEX IL) 3-_C�6-0(p 1 245911 1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. 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 (Signature of Declarant) APPROVED AS TO FORM By: - s/ 1-7b -11J 3 Zo oCP Name: [Type Name] Title: [Type Title] 245914.1 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: Shari Freidenrich, City Treasurer FROM: DATE: 0 4 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. (Company Name) 1A 0,5-v/ -7 0 �, NO � E CC No. MSC No. Approved (Counci(Approval Date) Agenda Item No. City Clerk Vault No #27 gJfollowup/bondletter.doc Duplic� i 'nal - Supercedes Bonds Dated 7/18/2008 Bond No. 12054170 ®� LD Premium: $9,298.00 ``G P ® ® ® �® ®� Premium Is for contract term and is subject f ERFO#1 MANCE BOND toadjustment based on final contract price —Executed in Two Counterparts KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as"City") has, bywritten agreement dated 20 , entered into a contract with Imperial Paving Company, Inc. 10715 Bloomfield Avenue Santa Fe Sorinas A 90670 (name and address of contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Reconstruction of Residential Streets, Maintenance Service Contract No. 452 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and The;�uafantee.Cprja`panyof Norttilr��,�A _ 1800 Sutter Street, Ste. 735, Concord, CA 94520 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Nine Hundred Twelve Thousand Two Hundred Fourteen & 20/100 Dollars ($ g12.21420 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277591.I PERFORMANCE BOND Page I of 2 Bond No. 12054170 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 4, 2008 ATTEST Imperial Paving Company, Inc. ft (Corporate Sea[) cipal Name) By: Name: R O R O L L S Title: ASST. SECRETARY ATTEST The Guarantee Company of North America USA (Corporate Seai3 (Surety Name) By. Nai4VWilliag1Zrkin, Attorney -in -Fact C09liature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 925 5 6-6040 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CI0 UNTINGTON BEACH aennifer e ity Attorney sIJSlb6 Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey in -fact must be attached. m591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On _ . !, add 9 before me, DEBRA K. ARMS, NOTARY PUBLIC Date Here Insert Name and Trtle of the Officer personallyappeared ROBERT COLLINS,. ASST. SECRETARY Name(s) of Signer($) who proved to me on the basis of satisfactory evidence to be the person* whose name isXYe subscribed to the within instrument and acknowledged to me that heXA&M* executed the same in his W%q&►Kauthorized capacity(lex)Kand that by hisX%XtXNr signature`(. on the instrument the persor)(*), or the entity upon behalf of which the persogr*) acted, executed the instrument. 1 DEBRA K. Cowrinlon * 174 1 certify under PENALTY OF PERJURY under the laws 1111011111111V POW - Cowen" of the State of California that the foregoing paragraph is to !► true and correct. o. Es M® 0 2012 WITNESS hand and official seal - %my hGl/za-" K Signature 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: P c CGiLa� n f Q.CIL Document Date: S, -q --0 R Number of Pages: Signer (s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 7 Individual ❑ Individual _.I Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): LJ Partner — CI Limited ❑ General ❑ Partner — ❑ Limited ❑ General � � ID Attorney in Fact • -- ❑ Attorney in Fact WER- - I- TfUStee Top of thumb here Top of thumb here ❑ Trustee i !J Guardian or Conservator ❑ Guardian or Conservator I ❑ Other: ❑ Other: Signer Is Representing: i Signer Is Representing: i 02007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item 55907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of Orange On 08/04/08 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Narne(s) of Signer(s) R. HAAS-BATES COMM. # 1796169 a " NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY C grr�oa"` COMM. EXPIRES APRIL 7212012 201? Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/afe subscribed to the within instrument and acknowledged to me that he/sheMiey executed the same in his/her,rt ieif authorized capacity("), and that by his/herAheif signature(4 on the instrument the person(*, or the entity upon behalf of which the person(st 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. 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: 'RIGFT-T} UMBP,RIf OF. SIGNER .. of thumb here Number of Pages: Signer's Name:__ Individual ❑ Corporate Officer — Title(s): _ El Partner — ❑ Limited Ei General Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRttJT .OE sIGNER" of thumb here 02007 National Notary Association- 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotaryorg Item 45907 Reorder: Call Tall -Free I-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, 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 31" 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 any time, any such Attorney -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 Attomey-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 GJprefc� of November, 2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA o yQ 0 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. µ ...,,. 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 2012 Acting in Oakland County Abb4+) 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 WIT ESS WHEREOF, I have theeeunto set my hand and attached the seal of said Company this 4th day of August, 2008 JP�WEE, 6 O V/ AT y�RrH AYIER�GP Randall Musselman, Secretary Duplicate Original - Supercedes Bonds Dated 7/18/2008 Bond No. 12054170 Premium Included in Performance Bond P"MENT BON® (LABOR AND MATERIALS) Executed in Two Counterparts KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Imperial Paving Company, Inc. 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Reconstruction of Residential Streets, Maintenance Service Contract No. 452 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and The Guarantee Company of North America USA 1800 Sutter Street, Ste. 735, Concord, CA 94520 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Nine Hundred Twelve Thousand Two Hundred Fourteen & 20/100 dollars, ($ 912,214.20 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, Ms89.1 .ib NT;"P, Page 1 of 2 Bond No. 12054170 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 4, 2008 ATTEST Imperial Paving Company, Inc. (Corporate Seal) ipaI Name) By: Name: R ER O L its: ASST. SECRETAR ATTEST The Guarantee Company of North America USA (Corporate Seal) (Surety Name) By: Na e: fiam 5SyrZoAftorney-in-Fact ( natf Attorney -in -Fact for Surety) (925) 566-6040 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By ennifer Mc rath f 1 ity Attorney S�l 5%66 Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 277589.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On U /, uo g before me, DEBRA K . ARMS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS,. ASST. SECRETARY Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person* whose name isMe subscribed to the within instrument and acknowledged to me that heXSXa * executed the same in his Y/M&Kauthorized capacity(lex),,and that by his7i MiNir signaturee(s� on the instrument the persorf(�, or the entity upon behalf of which the persort(* acted, executed the instrument. DEBRA K. ARMS Commission * 1796674 -; Notary Public - CallfolmW 1 certify under PENALTY OF PERJURY under the laws Los Angeles Cowq of the State of California that the foregoing paragraph is My Comm. Ex res Mal 20, 2012 true and correct. WITNESSmy hand and official seal. �_ fC 9JL Q� Signature - 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 -- �j ila�.{!nu/xU /n� /� _ n ,� f , &', y &a'c/ Title or Type of Document: :S0a l !M' Document Date: S'y_Q 0 Number of Pages- Signer(s) Other Than Named Above-. Capacity(ies) Claimed by Signer(s) Signer's Name: J Individual I Corporate Officer — Title(s): — _1 Partner — ❑ Limited ❑ General Attorney in Fact ,11 Trustee LJ Guardian or Conservator ❑ Other: Signer Is Representing %RIGHTTHUMBPRINT _'OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF'SIGNER.. 'fop of - ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402-Chatsworth, CA 91313-2402-www.NationalNotaryorg Item 45907 Reorder: Call Toll -Free 1--800-878�-68 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 08/04/08 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin /♦ 60 •;R. HAA IN) COMM. # � 7961by � �® .} NOTARY PUBLIC • CALIFORNIA Ul v GRANGE CC)UNTY l� °; COMM. EXPIRES Ar RIL 9, Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/s� executed the same in his/h9W*ie4 authorized capacity{i"), and that by his/hefAl4eif signature(} on the instrument the person(*, or the entity upon behalf of which the person(st 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�000 DA44;p� 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Fj Individual Corporate Officer — Title(s): Partner — , Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBMINT OF - SIGNER "_...' Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _ l Partner — E) Limited General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing RIGHT,-THUMBPRI IT', OF SIGNER r,_"' of thumb here ©2007National Notary Association- 9350 De Soto Ave.. P.O.Box 2402-Chatsworth, CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder: Call Toll -Free 1-8W-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 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 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 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 any time, any such Attorney -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 JPRpNrep �oyn of November, 2007. l^' THE GUARANTEE COMPANY OF NORTH AMERICA USA o v ye J 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. ,w a 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 i1 0 . 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 4th day of August, 2008 Randall Musselman, Secretary .QaORPN CERTIFICATE OF LIABILITY IL ITY INSURANCE 0DATE (MMIDDtYY) 8/28/2008 PRODUCER (949)857-4500 FAX (949)857-4800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Millennium Risk Management & Insurance Services License # OC13480 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SS30 Trabuco Road Irvine, CA 92620 INSURERS AFFORDING COVERAGE INSURED Imperial Paving Company Inc. INSURER A: Travelers P & C Company of Ame 10715 Bloomfield Ave. INSURERB: Santa Fe Springs, CA 90670 INSURERC: "g "14,; w Q• M frw rA INSURER D: _ _t, Fig. INSURERE: 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, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAT MIDDNY POAUCY EXPIRATION DATE MM7DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY C06 S2 5C489TOL08 --GL 07/01/2008 07/01/2009 FIRE DAMAGE (Any one fire) $ 300,00( CLAIMS MADE A i OCCUR MED EXP (Any one personl $ S , 00 A PERSONAL & ADV INJURY $ 11000, 0Q 3ENERAL AGGREGATE S 2,000100( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2 , 000, 0Q 17 POLICY j£ LOC AUTOMOBILE LIABILITY ANY AUTO 8106525C489TOL08 07/01/2008 07/01/2009 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS O" ,� V -,0 x a PROPERTY DAMAGE (Per accident) $ AGE LIABILITY I AUTO ONLY - EAAGGIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO a ` $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ $ RETENTIONWCSIAIU A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB652 SC489TIL.08 07/01/2008 07/01/2009 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE • POLICY LIMIT $ 1,000,0oo OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Reconstruction of various residential streets, Huntington Beach Ca, MS Contract #452 Certificate Holder is named as Additional Insured as respects General Liability per endorsements CGD2471002, CG20370704, and CGD3160704 attached. *10 days notice of cancellation in the event of non-payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Huntington Beach it's agents, officers and employees. 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL *M%JI J MAIL '` 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6Ki£>bd(�tUalGDffX �It?r;ACXII�RJdD(�rX�it>'if XX 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. Wage 1 of 2 CG D2 47 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY —CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S)- City of Huntington Beach, it's agents, officers and employees. 2000 Main Street, Huntington Beach CA PROJECTILOCATION OF COVERED OPERATIONS: Peconstruction of various residential streets, Huntington Beach CA, MS Contract #452 1. WHO IS AN INSURED — (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the, Independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule, 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement, This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE, b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: L The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and It, Supervisory or inspection activities performed as part of any related architectural or engineering activities. Page 2 of 2 c) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then. only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions, c.) lender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense andlor indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 47 10 02 Privm9i j Lagal Notices 0200$ The Travelers Companies, Inc. CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beacn, it's agents, officers and employees. 2000 Main Street, Huntington Reach. CA Location And Description Of Completed Operations Reconstruction of various residential streets, Huntington Beach Ca, MS Contract 4457. Information required to complete this Schedule, if not shown above, wit( be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part; by "your work" at the location designated and described in the schedule of this endorsement perfomied' for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 Privap_y I Legal Notices 02006 The Travelers Companies, lrie, Policy 4C06525C489TOLOB-GL COMMERCIAL GENERAL LIABILITY Effective 07/01/2008 THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision t. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read ail the PROVISIONS of this endorsement carefullyto determine rights, duties, and what is and is not covered. A. Broadened Named Insured 't3: Extension of Coverage — Damage To Premises Rented To You Perils of tie, explosion, lightning, smoke, water Limit increased to $300,000 C. BlanketWaiverof Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage —Bodily Injury G. Contractual Liability— Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named insured in kern 1, of the Declara- tions is as follows: The person or organization named in Itern 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section 11) item 4.a. is deleted and replaced by the fallowing: a Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policyperiod, whicheveris earlier. H, Additional Insured" State or Political Subdivisions 1. Other Insurance Condition J. Increased Supplementary Payments ® Cost of bail bonds increased to $2,500 Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury— Assumed by Contract N. Blanket Additional Insured —Lessor of Leased Equipment 3. This Provision A, does not apply to any per- son or organization for which coverage is ex - eluded by endorsement. B• EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU I - The last paragraph of COVERAGE A BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I " Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to darn - age to premises while renter( to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b, Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section fit Limits Of Insurance. CG D316 07 04 Copyright, The Travelers indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section 4€€) is deleted and replaced by the following: Subject to 5, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo. sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: a A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, Is not an "insured contract"; 5, This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I-° Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; r rr' "your products", 'We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section €€) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense Is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 4, Limits of Insurance, The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or"adver- tising injury" caused by an offense which is committed, after you cease to be a ten - anti n that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG 03 16 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE I. The following is added to paragraph 1; Insur- ing Agreement of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE: LIABIL- ITY (Section I - Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a Medical, surgical, dental, laboratory, x-ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E, "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section ti) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samar€tanservices" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. "- BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I -Coverages): (This insurance does not apply to:) "Bodily in- jury` or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". S. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1, above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis. except for insurance that you bought specifically to apply in excess of the Limits of insurance shown on the Dectara- lions of this Coverage Part. F. EXTENSION OF COVERAGE - BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS - Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miiiation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. CONTRACTUAL LIABILITY -RAILROADS A. Paragraph a..of the definition of "insured con- tract` (DEFINITIONS - Section V) is deleted and replaced by the following: c. Any easement or license agreement: 2. Paragraph Q11) of the defin€tion of "insured contract" (DEFINITiONS " Section V) is de- leted. _. H. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS "PERMITS WHO iS AN INSURED (Section III) is amended to include as an Insured any state or political subdi- vision, subjectto the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- - tions performed by you or on your behalf for which the state or political subdivisionhas is- sued a permit. 2, This insurance does not apply to: a 'Bodily injury," "property damage." "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CO D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL. GENERAL LIABILITY b. "Bodily injury" or "property damage" in- oluded in the "products -completed opera- tions hazard". I_ OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary insurance This insurance is primary exceot when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other Insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage. Builder's Risk, instatlation Risk. or similar coverage for "your work` (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner. or (4) If the loss arises out of the main- tenance or use of aircraft. "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A -- Bodily Injury And Property Damage Li- ability; or (6) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or S to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other - insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of the in- surance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess insur- ance provision. c. Method of Sharing if all of the "other insurance" permits contribution by equal shares, we will follow this method also, Under this approach each provider of insurance contributes equal amounts until it has - paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable llrntts of insurance of all providers of insur- ance. S. The following definition is added to DEFINITIONS (Section V): "Other insurance": a Means insurance, or the funding of losses, that is provided by, through or on behalf of, Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section til) or the Non cumulation of Per- sonai and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section 0t) applies; (3) Any risk retentiongroup; (4) Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Goes not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. a. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 'l.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows. 1. In paragraph 1.h., the amount we will pay for the cost of bail bonds is increased to $2500. 2. in paragraph 4.d., the amount we wiff pay for loss of earnings is increased to $500 a day, K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE; t. The following is added to COMMERCIAL GIEHLI"'Al_ LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties in The Event of Oc- currence, Offense,Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have suet€ knowledge. COMMERCIALGENERAL LIABILITY 2. Notice of an "occurrence" or cf an offense which may result in a claim wilt be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one ofyour "executive officers"(if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee, (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the 'loccur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY " ASSUMED BY CON- TRACT 1. The following is added to Exclusion Cr (1) of Paragraph 2., Exclusions of coverage 8. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XfEND Liability endorsement, Solely for the purposes of liability assumed in an "insured contracf', reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS —COVERAGES A AND B (Section i — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- - cancel. or offense are such that no conflict appears to exist between the interests of the insured and the interests of. the in. demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section i — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury.And Property Damage Liability, or the provisions of Paragraph 2.e.(9) of Section (— Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "pqtsonal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR. OF LEASED EQUIPMENT . WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury" "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment ]eased to you by sl,ch additional insured, subject to the following provisions': 1. Limits of Insurance, The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten cAntract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG 03 16 07 04 1 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22 23 24 25 26 27 28 29 30 31 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEENBy d THE CITY OF gTJN ON BEACH AND FOR -s TABLEOF • Pam STATE OF WORK; ACCEPTANCE OF RISK 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 5 TIME OF THE ESSENCE 5 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 7 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 11 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 NON -ASSIGNABILITY 17 CITY EMPLOYEES AND OFFICIALS 17 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 E p 0 2008 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Paize No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 33. ATTORNEY'S FEES 34. INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. COMPLIANCE WITH APPLICABLE REGULATIONS 39. MINIMUM WAGES 40. PREVAILING WAGE LAW 41. WITHHOLDING 42. HEALTH AND SAFETY 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 44. APPRENTICES AND TRAINEES 45. PAYROLLS AND BASIC RECORDS 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 47. SUBCONTRACTS 48. FEDERAL PARTICIPATION 49. DAVIS-BACON ACT 50. DISPUTES CONCERNING LABOR STANDARDS 51. CERTIFICATION OF LIABILITY 52. DISCRIMINATION, MINORITIES, ALIENS 53. EQUAL EMPLOYMENT OPPORTUNITY 54. COPELAND "ANTI -KICKBACK" ACT 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT 57. ENERGY CONSERVATION 58. HOUSING AND URBAN DEVELOPMENT 59. SUBCONTRACTS 60. CONTRACT TERMINATION; DEBARMENT 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 63. SIGNATORIES 64. ENTIRETY 18 19 19 20 20 20 20 22 25 25 26 27 27 29 32 32 32 33 33 33 34 34 35 35 36 37 37 37 38 38 38 39 39 ii FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND _ FOR THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AMP '��� P/°`�� �" ---a C'zF'__R0N - -hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as _in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is. being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by g/agree/citywide/surfnet/federalCDBG const 3-07 1 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. SIGNATORIES 39 64. ENTIRETY 39 ii HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 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 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. g/agree/citywide/surfnet/federalCDBG const 3-07 2 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; 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, g/agree/citywide/surfnet/federalCDBG const 3-07 3 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 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. g/agree/citywide/surfnet/federa]CDBG const 3-07 4 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 .�9��- ---Dollars -- ($ cl 12"i244' 24';> ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT W&R<TWI to completion within -4A- Y ®A'Yc 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 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 g/agree/citywide/surfnet/federa]CDBG const 3-07 5 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to g/agree/citywide/surfnet/federalCDBG const 3-07 6 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. 8. BONDS 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 Agreement 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 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. g/agree/citywide/surfnet/federalCDBG const 3-07 7 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 working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of -and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) -per day for each and every working day's delay in completing the work in excess of the number of working 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 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g/agree/citywide/surfnet/federalCDBG const 3-07 8 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 g/agree/citywide/surfnet/federalCDBG const 3-07 9 or 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. g/agree/citywide/surfnet/federalCDBG const 3-07 10 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 Agreement 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, g/agree/citywide/surfnet/federalCDBG const 3-07 11 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 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 Agreement 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 g/agree/citywide/surfnet/federalCDBG const 3-07 12 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. 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. g/agree/citywide/surfnet/federalCDBG const 3-07 13 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation 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 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, g/agree/citywide/surfnet/federalCDBG const 3-07 14 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 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. g/agree/citywide/surfnet/federalCDBG const 3-07 15 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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, 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 g/agree/citywide/surfnet/federalCDBG const 3-07 16 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 24 and any damages shall be assessed as set forth in Section 23. 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 less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no 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. g/agree/citywide/surfnet/federalCDBG const 3-07 17 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. 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 g/agree/citywide/surfnet/federalCDBG const 3-07 18 the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN-.. _ T ^ • N Q-- 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 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 g/agree/citywide/surfnet/federalCDBG const 3-07 19 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 shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing 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. g/agree/citywide/surfnet/federalCDBG const 3-07 20 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, 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 party 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. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfnet/federa]CDBG const 3-07 21 training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this g/agree/citywide/surfnet/federalCDBG const 3-07 22 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. g/agree/citywide/surfnet/federalCDBG const 3-07 23 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: and (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/citywide/surfnet/federalCDBG const 3-07 24 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG const 3-07 25 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG const 3-07 26 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG const 3-07 27 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage g/agree/citywide/surfnet/federalCDBG const 3-07 28 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they g/agree/citywide/surfnet/federalCDBG const 3-07 29 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g/agree/citywide/surfnet/federalCDBG const 3-07 30 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) g/agree/citywide/surfnet/federalCDBG const 3-07 31 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfnet/federalCDBG const 3-07 32 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. g/agree/citywide/surfnet/federalCDBG const 3-07 33 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG const 3-07 34 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG const 3-07 35 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose oi..influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG const 3-07 36 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. g/agree/citywide/surfnet/federalCDBG const 3-07 37 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection g/agree/citywide/surfnet/federalCDBG const 3-07 38 Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and g/agree/citywide/surfnet/federalCDBG const 3-07 39 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 60. CONTRACT TERMINATION: DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfnet/federalCDBG const 3-07 40 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. B. Violation; Liability for Unpaid Wages;Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/federalCDBG const 3-07 41 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 64. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, 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 party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG const 3-07 42 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �(� A0, , 20. CONTRACTOR By: l P66C14 - L.01 ! I ✓lam print name ITS: (circle one) Chq#man/Pr, LOW HC President V print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer g/agree/citywide/surfnet/federalCDBG const 3-07 43 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California REVIEWED`IN APP, OVED: City Admiiii ator APPROVED AS TO FORM: City Attorney 1MP591AL PbJa�Cn tzi rt'iG SECTION C - PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 t � � 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 MSC - 452 Project Bid Schedule Saratona- Holivwood- Audrev -T, "i 7 I NE. 110014L iw JIM Uwfwl, NET%, W, -A m 57 REMOVE/DISPOSE OF PARKWAY TREES 6 co � AT61)LMA&WA PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 29,864 INCL.) AT Dof)ar *%pp PER SF cat 2 OAe, a 27,280 PARKWAY EXCAVATION B&I4 (ell-ij PER SF 0. 6 1/6 56 AT REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY Sty PER EA. Djer-f 'W_4j & 3 31 4 H�&0 ,CeAll G?q) 81 REMOVE/REPLACE WATER METER BOXES AT Dt'1!Qt5 2ero PER EA. 0 5 agil. DAf REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 5,456 INCL.) 6 AT PER LF 5,456 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) ?,A 7 AT ()Aer, a�: � Ir e PER LF 4 . 12,860 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 14, 960 (24.e_ �C-Jlqlk 22Lb Cza PER SF 2,646 REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT -r&jv Jqj,5 PER SF 9 Zb2 GA_f 1,476 REMOVE/DISPOSE OF SPANDRAL 1).QrS Za,�, SF rl5c� 10 AT Cgj:f PER CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 11 5,456 202) AT -F,�;,zn4 o c-cJ�PER LF j-aue cto[t^v- ., 2t 120- 12,860 CONSTRUCTP.C.C. DRIVEWAY (per Standard Plan 209) AT 'Five, boNtf PER SF 5 6 91 3 0o 12 3"b 29,864 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT Jv' PER S F 13 v ,LS v, c(-0 Z&d6c) ,,p /LIZ CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard Plan 109) 14 AT __OLel W.J',1 PER TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 6 A88A) 6--ty ocb 15 AT JA2 �-Tho PER -450J i;')M-- PUAAJ 6.001fl EA. 1,476 CONSTRUCT SPANDRAL (per Standard Plan 205)__", PER SF ()b&S, ZV6 0) D 16 ATe crwlr 2,646 CONSTRUCT CROSS GUTTER (per Standard Plan 205) bi4, 60116)t� Ze/6 17 AT &tk PER SIF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Plan 718) ATQ OrmQ6, Zft 6df PER Lot. Co ?I 1 84 PLACE NEW PARKWAY TOP SOIL AND RESEED AT 0,DIfeyp Z&-,, &,-4f-PER EA. go()-- 19 C-2s MSC - 452 Project Bid Schedule Saratnna- Hnllvwnnrl- Aijrlrp-v 0 JW g A TT �M, " FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 ATndard Plan 714) _Z 20 dk�aLJre,( PER EA. 21 28,360 COLD PLANE AT V--, 4,. aA- PER SF 98,208 FURNISH.P�NIJ INSTALL PETROMAT AT i �JH PER SF 0, L5 I L103 22 fa, - -A 884 ONE & ONE-HALF INCH OVERLAY t AT PER TON 6_5"' -?5 23 ADJUST WATER VALVES AT TDL PER EA. 91 2411 11 ADJUST MANHOLES F� AT"dA -4 D, lied, ?ov 6dJqER EA. 3) 25 PREPARE PRE -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AGENCIES J JZ AT 1 7 1 �0 & � �A'E R E A. kL4,�Jte ) 26 _Qf, , e 1 PREPARE POST -CONSTRUCTION CORNER RECORD AND 11 FILE WITH OPRIATEAGEoNCIES APPROPRIATE 27 ATCk PER EA. Total Amount Bid in Figures: 1$ Total Amount Bid in Words: 'k4".t-L etot(C.'; �'4%i Lx­A- -> C-2s MSC - 452 Project Bid schedule Fnrp--Rt (Alternate) W_ zig ,ES„ J-1w IRE,, IC e i!�1,E,, T Try K� 11 REM%E/DISPOSE OF PARKWAY TREES AT 1% , Rutx&-j 4Joqrj PER EA. I ,,e REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) 1/0 2 ATQA,_- 0,11Af' 2M &*f PER SF 5,300 PARKWAY EXCAVATION AT F. C" PER SF 3 'Ain:; 11, REMOVE/REPCACE IRRIGATION SYSTEM IN PARKWAY SI"), Dolki- PER EA. Gab'6 �oo 4 AT WUAdrVA _ flu L46� 9 REMOVE/REPLACE WATER METER BOXES El:�L PER EA. 50 50 5 AT 2e& (0,M41 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,060 INCL.) C-,'Jle W1016 7<jv Czjf PER LF -5,3oo 6 AT 1,060 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) Oder DA�r_ PER LF 060 7 AT ZVI;' C_Z-J_-Z 1,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT A-e D PER SF Doljo,- ZVb e ?0 8 & 0:�J - 1,323 REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT L ca PER SF 9 -LT--,u,2 738 REMOVE/DISPOSE OF SPANDRAL AT TL,, �Jfokff ?et,, PER SF 10 &_o4 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 11 1,060 ,060 202) ATLeL,,�_C�, duo 1tc,,v-5 2.t-vo cA.,,Js PER LF 1,870 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 0'.11Af-f PER SF 12 AT Z, 1�p nVP_ nl- 4,240 CON,1kTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT -vjv 4-> PER SF 13 ek.I(.vb V CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 40 Standard Plan 109) )00' 9, ocb.-.- 14 AT _aAe- M101tv Zib (01,Af PER TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 4 A88A) 446" W64rZf EA. 15 AT16v-J[�ix,�mj PER L 738 CONSTRUCT SPANDRAL (per Standard Plan 205) Zv.. PER SF 6 16 AT , 0AIng &,,�f P�, ,6 ga, 1,323 CONSTRUCT CROSS GUTTER (per Standard Plan 205) (peer bvte PER SF 17 AT !&/. go) FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 13 (per Standard Plan 718) AT 0AW 0Jvf Z&V PER Lot. 00 3 cb 18 e _ 19 13 PLACE NEW PARKWAY TOP SOIL AND RE§EED ATA/,\,u- 4i,," Nllar� 2tA-, CaAf PER EA. C-2s MSC - 452 Project Bid schedule Forest Alternate 161 ''n FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 13 Standard Plan 714) EA. 3 20 AT , )4,,,W 7f6z_6Af PER WT T 1 5,660 COLD PLANE AT 6511k PER SF 30 21 PREPARE PR -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES AT 1F+4) bjkJt PER EA. loll )6c) 3oo 22 1 PREPARE POST -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES AT P E R EA. -zft 23 Orr 3tz, Laots IZA Gat + Total Amount Bid in Figures Total Amount Bid in Words: &---f CCO I d&V% v -2-ZIVIO ce,--%-+ 5;' C-2s 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT # 452 (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: — C C-s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange i►�l�JvyLt , being first duly sworn, deposes and says that he or she is 1?gC's'; C:>� ,g[-r of j" IAt PA-yl tav— C t;. , . 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. IMMIMITI Address of Bidder "Y`Y�%'�"$TA �.t��•-�f,��i CA 44''� Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-4 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 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 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 F the amount of $ 10 �'L 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 C-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On '5' 1'C*"> before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES DUNLEAVY __P.tr,24t7c--'t.9T Nam- Signers) IN, FRITZ DOW COY n•_-z,.,ya;,, Comm. # 1487737 A NOTARY PUBLIC CALIFORNIA 00 Las ANrr LEs COUNTY > My Comm. Expires MAY 4, 2008 Place Notary Seal Above who 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. 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 Signature o Notary P 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): — El Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .p of thumb here 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: RIGHTTHUMBPRINT OF SIGNER © 2007 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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? U Yes 51 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: -5— - 10 6 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: Date: ' --1— Oh 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: LA k5P A:1, 'PAQ I IX -a rx, t116- Bidder Name C -9-1 Business Address City, State Zip Telephone Number b2iy & 57 f: A State Contractor's License No. and Class b2 — )`7— -i Original Date Issued --, Expiration Date The work site was inspected by L. �. 1L � � � of our office on r; I 3o 200 The following are persons, firms, and corporations having a principal interest in this proposal: A iN► 1 Uri �Vd,,9 S��Z Tw e7AS 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. Subscribed and or T yped Signature to before me this I day of NOTARY PUBLIC 4�)E=eF-- A --«-AC 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. 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 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: UAL, 'BAX;l&IL CZ; ie,]C, Contact Person: Contact Phone: (56:2) lif 4 - C'4i' .1;7 - Signed:ZZ ® z ' Date: i - / kl *Note: The above cert' ation fs required by the Department of Housing and Urban Development (24 CFR YA and Subtitle A et al) and must be submitted by the bidders and proposed sub-contracto only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 ousing and Urban Development Act, as amended in 1992 (HUD). F6 C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 3 —1—CF, before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES DUNLEAVY ,f�l! Name(s) of Signer(s) FRI?Z DOW COY �omrn # 14877c/ NCT.ARY PUBLIC, C;.AL�i-OP!�I!n. ti. LUS ANIGELEZ CQIn I-IP•IT`, MY CYomre,. Expires p tiAi` 3 20Gfi Place Notary Seal Above who 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. 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 Signature y 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 I Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General Ej Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Q, cncv Project: V Marlow Con-i_nitiion Date Coma t: Phone viamber. .A gcnw � Praiev Valusplen Wippichon Wate Cowan: 4ppay CRY of PWHI Spnms 3200 E Tahquaz Canyon W, Palm Spumes, CA, 9226M70, 20050006 S65040101 3/30,107 Me Lymi- (760) 323-8255 075-1 Ciry of 1-111110i7gel"'il 6550 Wks An-c Hunt:_ IOn ppa, CA 025-- Ell -I p r (:) v'c 'm. e 1 l ,-, 1, il _: C i -' -1 C B 1 �'- J ABSORB-) 3/30/07 PaNck F,.i (323) 581.625--' Ciq QVing 300 E colaqw. 125,00 no !U4 Agenw, P Q CC t. Valuarion: Datc Contact: Nione Number C! i y c, �' " �',m 1 117 Macned S,,7,ri Fc-,T-nai SMOOTH() 9/3 1 /06 t\4ariuel Fal--,ial-, f 81 A S99-1 ?d -_-, KNOW ALL MEN BY THESE PRESENTS, That we, Imperial Paving Company, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of Amount Bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Reconstruction of Various Residential Streets the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) 1 6th day of April , 2008 Im erjP BY: ITS: ncipal e. /The Guarantee Company of North America USA BY: A5� ilrl,1'6 Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT %av�. c,�,.'+�. �.<�� .��',�. -,b.. vT4� �S,Sa �Sd^a.C..'�.�r'�..�J�caea • �'.wR,3aGv.. ��/" va �.�J� State of California County of LOS ANGELES On S- -O?3 beforeme, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES DUNLEAVY� �12��711�1c� Name(s) of Signer(s) F r it [ DOti'b' COY # 1487737 y NOTARYP,_ci_IC C.:LI-(RN'A CU SOS AidGc! ES C.7U7i Y -_ ... ki _Dmn ,X0i25 ?PAY" 4, 2,,C�8 Place Notary Seal Above who 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. 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 ���SqnafueolaryP 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 • Ll Trustee Top of thumb here Guardian or Conservator i_ � Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 11 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT __ OF SIGNER_ __- .p of thumb 02007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 -Chatsworth, CA 91313-2402- www Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles } On 04/16/08 before me, Arturo Abarca, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) ARTURO ABARCA Commission # 1564174 Notary Public - California Zz Los Angeles County My Comm. Expires Mar 25.2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personH whose name(a) is/m-e subscribed to the within instrument and acknowledged to me that hem executed the same in his/h #*if authorized capacity(•ies), and that by his/#e0heir signature(s) on the instrument the person(s), 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 an off i I �� 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: 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: 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: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org 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 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 31" 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 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, 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 31a day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seat 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 .PpO�T Ooq of November, 2007. X�G THE GUARANTEE COMPANY OF NORTH AMERICA USA r e� y o i 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 swum, 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 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 16th day of April, 2008 COy Randall Musselman, Secretary OR'7NAMER��P 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 o 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 20 th 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 mjpxm 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. FOAM C9J g OSP 00 39391 IMPERIAL PAVING CO. 10715 BLOOMFIELD AVE. SANTA FE SPRINGS, CA90670 76 2008 MAY - I PM c 7 1 Y �,Ty AlrAcw R E r, '17 I Jr E 2008 MAY - I PM c i i T Y F FA Council/Agency Meeting Held Deferred/Continued to )] Ap o�g ❑ Conditionally Approved ❑ Denied City C rk s S nature Council Meeting Date 6/16/2008 Department I Number PW 08-38 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY PAUL EMERY INTERIM CITY ADMINISTRATOR a PREPARED BY TRAVIS K HOPKINS PE DIRECTOR OF K and STANLEY SMALEWITZ DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT Award Contract for the Reconstruction of Various Residential Streets MSC-452 Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Bids have been received for the reconstruction of various residential streets MSC-452 Imperial Paving Co submitted the lowest responsible bid Staff is requesting authorization to award and proceed with the contract to Imperial Paving Co Funding Source Funds in the amount of $826 000 have been designated for this project from Community Development Block Grant (CDBG) FY 2007/08 Streets Improvement Business Units 85782011 82300 85782012 82300 and 85882012 82300 Funds in the amount of $87 000 are available in Unprogrammed CDBG funds Business Unit 85782003 to complete the base and alternate bids for this project Recommended Action Motion to 1 Approve the project specifications 2 Accept the lowest responsive and responsible bid submitted by Imperial Paving Co in the amount of $912,214 20 for MSC-452, 3 Approve the reallocation of $87 000 from the Unprogrammed CDBG Account 85782003 as follows $17 000 to account 85782011 (Forest Lane) and $70 000 to account 85782012 (Audrey Hollywood and Saratoga) and 4 Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney Alternative Actions) Do not authorize award of this contract and direct staff to proceed differently Alternative action may result in the loss of CDBG funding for this project REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/16/2008 DEPARTMENT ID NUMBER PW 08-38 Analysis In 2007 the Public Works Department applied for funding under the Community Development Block Grant Program for the reconstruction of several residential streets The Street Maintenance Division was awarded a grant in an amount sufficient at time of application to fully fund the reconstruction of four streets Hollywood Lane Saratoga Lane Audrey Drive and Forest Lane All of the streets are included on the Tree Petition lists and are located in CDBG Enhancement areas Reconstruction includes tree removal and replacement sidewalk curb and gutter repair and replacement as necessary Pavement overlay will be applied to the street surface During the time elapsed to complete the CDBG funding process the estimated cost to complete the project increased approximately 17 5% over original estimates In an effort to ensure that the greatest number of streets would be completed with available funds the project was divided into base and alternate components for the bid Staff recommends that City Council approve the appropriation of $87 000 from unprogrammed CDBG funds to allow for completion of all four streets in the project Bids were opened publicly on May 1 2008 and are listed in ascending order The Base Bid amount is the cost to complete Hollywood Lane Saratoga Lane and Audrey Drive The Alternate Bid amount is the cost to complete Forest Lane The engineers cost estimate for the total project is $971,846 Staff performed a reference check on Imperial Paving Co and received acceptable responses from past clients Public Works Commission Action The Public Works Commission reviewed and recommended approval of this project on January 16 2008 by a unanimous vote 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 Environmental Status This project has been determined to be Categorically Exempt 2 6/3/2008 11 10 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/16/2008 DEPARTMENT ID NUMBER PW 08-38 Attachment(s) 6/3/2008 11 10 AM Slater Ave b 1791 8 76 Opal Cir 75a 22 76 Michael Or atzz � `' N eaa a22 7a3 m B2 829 &7 BJ �. a 6s � z Dars66 y Dr fi7 25 `� Li '�I 8 J V � _ — — z Noble Cir 7 z 7 01 n o 9! 2 84 �� 177aT l l l 7 1 l I m _ Newman Ave .0 C.) t1i Co 1114) — 77 azz M 7a5 Talbert Ave 7502 7az � I Sit a Sat C 75a2 'c 1755 d 755 ' 54 1f£6 O) C L,. `� 5a i Sat 175a Rosanna Or 759 Q i 7sa 3 B B 2 w 760 Benjamin Or J m` 7 C1r 0 1775 y ro Mu a m' n Moon�a a S 5 �1aL � 7eo Z 5 5 5 � R g a € Jalm Or axs es m B46 Forest Lane — RD283 Newland Enhancement District Edinger Ave +Win Stp2 SW8 � � SZ .lf St22 n a n' 0 GS Id A LS L, 6, +w22 P h gg gg 55�� f2 A 1� R g DS o u`i ,6oC2 �Ca � + + Audrey Dr 16052 t605 16062 /W61 LS G7 N,I 16071 Q a( — 16072 16071 '^ in iww 160a1 ,som 1tx>� Mel1608, 1603, c v' h +9 C t6092 16091 J 16092 1609, ^ 16101 J'°0°216102 /fit0+m/6111 MUndaCir 6t32 V C 16112 16111 {` 16102 1610,161@/67D1 16112 t6, 11 C N 16121 16112 1611, JfE o dS i 16122 16121 16121 �X r} 16131 16122 6,21 16t71 E 16132 16131 t 16 31 ~ 0S DS 8S .X 1S N N — � N 16142 16/41 1fi,32 161 ]7 U � 16/32 16141 16142 16141 16142 Cheryl Dr 16152 16151 16152 16 61 161S2 16151 16161 16M R 7f 16172 16111 /6172 ISM 16181 16182 16181 16182 t6191 16122 16791 i6192 N N N N Sisson Dr N N N N a s 5LI 11-111�1YJ111 I I I r "[ i R v� Hendncksen Dr ' i Fi FY 1so62 Ism i60a+ ,fioe2 (VILLAGE VIEW SCCHOOL) 16091 16092 ,610f NUEVA VIEW SCHOOL 16 02 18t11 C J ,6112 16121 N 16122 t6t31 t6 5361 O 16132 16t41 16,42 1fi15, 161S2 16171 W72 (5361 SISSON) 81°' 16182 16191 16192 QQ �j ,�Qq cQ @ {� �t N o $� Q ,� A dS S{ ➢1 R 1 1 H -I - N . i ON a" L7 Yi E� LS N N N N N ry 'ITS \Y U PROPOSED Oslo ' (n SCANDIA MOBILE HOMES 1627 O M Berge11 Trondheim 1632 163t 16321 C J W 3 C J 16332 16331 t13 Copenhagen 1634 1 16341 C m t6aa4 C 16351 163S2 ,635t 'O O Q 1W6 � tW 1W61 Stockholm Way 1 W71 16372 1 1 W71 SHPP G CNTR ,woe (1648 BOLSA CHICA) 16282 16261 C C f0 ,1282 16261 J iS282 162e, J C Q ,6282 16281 J m O r � (n 16282 16281 C C) O STTT G 162a ,6Y9= 16=91 16292 16291 16222 16291 16292 ISM ,62£Q 1 , 6211 19302 16301 16302 16301 16302 16301 16302 M01 16302 16301 0, iW 2 16311 16312 16311 16312 16311 1W,2 16311 16312 t 1 12 16322 16321 16322 16321 16322 18321 16322 16321 16322 1 , 22 1W32 16331 16332 16331 16332 16331 16332 16331 16332 1 1 >2 2 t6342 7W4/ 16343 18341 16342 16341 16342 fb341 16342 t , 16352 163$1 163S2 16351 163S2 16351 163S2 16351 16352 163S1 16352 1W62 ,W61 1Wb2 1W61 1W62 1W61 16362 16301 16362 t W 16372 16371 16372 16371 16372 16371 16372 16311 16372 16371 16372 16382 ,6381 16382 16381 1W62 1638t 16302 161181 16782 , I 1wDx 1w02 ,wo+ 16102 16401 1w02 iw01 16402 16401 tw12 twt, 1-12 1641 +_ ,w=+ Lanente ur vi 71 il �1 i� ii �;i il Heil Ave Audrey, Hollywood, Saratoga — RD156 Bolsa Chlca-Hell Enhancement District INITIATING DEPARTMENT Public works SUBJECT Award Contract for the Reconstruction of Various Residential Streets, MSC 452 COUNCIL MEETING DATE June 16 2008 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 Clty 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 Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR IffivIISSIING ATTACHMENTS REVIEWED RETORNED FOR RDED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) RCA Author J Churchill Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 STATE OF CALIFORNIA) 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 the attached Notice is a true and complete copy as was printed and published on the following date(s) April 10, 17, 24 2008 I declare, under penalty of perjury, that the foregoing is true and correct Executed on April 24, 2008 at Costa Mesa California Signature NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 ity Clerk Second Floor 2000 Main Street Huntington Beach California 92648 up to the hour of 2 00 P M on May 1st 2008 Bids will be publicly open in the Council Chambers unless therwise posted Copies of the Plans Specifications and con tract documents are available from the Office of the Director of Public Works 2000 Main Street untington Beach CA 92648 upon payment of a $25 00 nonrefundable fee if picked up or payment of a $45 00 nonrefundable fee if mailed via U S Postal Service FedEx UPS or any other �dehvery 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 bf the State of California which are on file at !he Office of the Director of Public Works 2000 Main Street Huntington Beach CA 92648 This is a Davis Bacon project and the Federal Regulations will be enforced Any contract `entered into pursuant to this notice will incor porate the provisions of the Federal Labor Standards which are on file at the office of the Director of Public Works 2000 Main Street Huntington Beach CA 92648 1 The AGENCY will deduct a 101/ retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the prove lions of the California Government Code Section 4590 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in responses 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 cashiers 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 1 be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class at the time of the bid opening The successful Contractor and his subcontractors will be required I to possess business licenses from the AGENCY The AGENCY reserves the right to reject any or all bids to waive any irregularity and to take all bids under advisement for a maximum period of 60 days The Engineer s estimate for this project is $ 971 846 151 PROJECT ESTIMATE I Audrey Hollywood Saratoga , $824 690 90 II Forest (Alternate) $147 15525 Total $971 846 15 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH CALIFORNIA the 4th day of September 2007 by Resolution No 2007 55 /s/Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent April 10 17 24 2008 042 543 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 B4 �'� , 'F, OF Pi ,B B , 'a 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 the attached Notice is a true and complete copy as was printed and published on the following date(s) April 10, 17 24 2008 I declare under penalty of perjury, that the foregoing is true and correct Executed on April 24, 2008 at Costa Mesa California Signature NOTICE INVITING SEALED BIDS for the E RECONSTRUCTION OF it VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY inwtes sealed bids for the above stated projects and will receive such bids in the office of the ity Clerk Second Floor 2000 Main Street Huntington Beach California 92648 up to the hour of 2 00 P M on May 1st 2008 Bids will be publicly open in the Council Chambers unless therwise posted Copies of the Plans Specifications and con ract documents are available from the Office of the Director of Public Works 2000 Main Street Huntington Beach CA 92648 upon payment of a $25 00 nonrefundable fee if picked up or payment of a $45 00 nonrefundable fee if mailed via U S Postal Service FedEx UPS or any other delivery service Any contract entered into pursuant to this otice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the abor Code of the State of California the minimum prevailing rate of per diem wagesifor each craft classification or type of workman heeded to execute the contract shall be those petermmed 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 Man Street Huntington Beach CA 92648 This is a Davis Bacon project and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will moor porate the provisions of the Federal Labor Standards which are on file at the office ofithe Director of Public Works 2000 Main Street Huntington Beach CA 92648 The AGENCY will deduct a 10% retention from ll progress payments The Contractor may rsubstitute an escrow holder surety of equal value ' to the retention in accordance with the prow sions of the California Government Code Section 4590 The Contractor shall be beneficial owner t pf the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to n bis notice and will not be discriminated against on the basis of not color national origin ancestry sex or religion in any consideration eading 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 cashiers check or bidder s bond made payable to the AGENCY for an amount no less than 107 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 Contractors License Class at the time of the bid opening The successful Contractor and has subcontractors will be required to is possess business licenses from the AGENCY The AGENCY reserves the right to reject any or all bids to waive any irregularity and to take all bids under advisement for a maximum period L of 60 days The Engineer s estimate for this project is I $ 971 846 15 PROJECT ESTIMATE I Audrey Hollywood Saratoga $824 690 90 f 11 Forest (Alternate) $147 15525 otal $971 846 15 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH CALIFORNIA the 4th day of September 2007 by Resolution No I 2007 55 ij Attest /s/ Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent April I 10 17 24 2008 042 543 SECTION A NOTICE INVITING SEALED AIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 May 1 ", 2008 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 $25 00 nonrefundable fee if picked up, or payment of a $45 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 This is a Davis -Bacon project and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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 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 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 The Engineer's estimate for this project is $ 971,846 15 PROJECT ESTIMATE I Audrey Hollywood, Saratoga $ 824 690 90 II Forest (Alternate) $ 147,155 25 Total $ 971,84615 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of September 2007, by Resolution No 2007-55 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 70-3Ae SECTION A e�sm/9-1L ;�vek_lljll NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 May 1", 2008 Bids will be publicly open in the Council Chambers unless otherwise posted Copws 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 $25 00 nonrefundable fee if picked up or payment of a $45 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 This is a Davis -Bacon project and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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 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 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 The Engineer s estimate for this project is $ 971,846 15 PROJECT ESTIMATE I Audrey Hollywood Saratoga $ 824 690 90 II Forest (Alternate) $ 147,155 25 Total $ 971 946 15 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH CALIFORNIA the 4th day of September 2007 by Resolution No 2007-55 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH F e. CITY OF HUNTINGTON BEACH 2000 Main Street P O Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention Joan Flynn To City Clerks Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date May 2, 2008 ProlectlC C No MSC 452 Regarding Reconstruction of vanous residential streets ® We are sending you ❑ By Mad ❑ 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 Bids for MSC 452 Item # Copies Pages I Description 1 1 19 Bid received from Im enal Paving Company 2 1 22 Bid received from All Amencan Asphalt 3 1 20 B/d received from Nobest Inc 4 1 19 Bid received from Sequel Contractors Inc 5 1 19 Bid received from Elite Bobcat Services Inc 6 1 25 Bid received from Damon Construction Co 7 1 31 1 Bid received from PALP Inc DBA Excel Paving Co 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 Attached are the received bids from the bid opening on May 2 2008 Reconstruction of Various residential Streets — MSC 452 Please contact me if further information is needed at 375-5042 c file By basso hurchill, Street/Facility Supervisor G \MAINTENANCE DIVISION\CITY YARD\MSC FILES\MSC PRolEcrs\400 s\MSC 452\NISB TRANsmrrAL To CLERK MSC453 DOC F , e CITY OF HUNTINGTON BEACH 2000 P O Huntington LETTER OF TRANSMITTAL Attention Joan Flynn To City Clerks Office 2000 Main Street Huntington Beach, CA 92648 Main Street Box 190 Beach, CA 92 64 8 Fax (714) 374-1573 Date Apnl3, 2008 ProjectlC C No MSC 452 Regarding Construction of Vanous Residential Streets ® 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 I Description 1 1 1 Notice inviting Sealed Bids 2 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 On January 16, 2008, the Public Works Commission authorized the advertisement of the Construction of Various Residential Streets, MSC - 452 Project Please find attached the Notice Inviting Sealed Bids for advertisement on 4/10 4/17, and 4/24 The bid opening is schedulesfor 511 @200PM �= Please contact me at extension 5042 with any questions you may have r � c file By ✓` d Jason,efft rchlll, Street/Facilqy Supervisor -.i G \MAINTENANCE DIVISION\CITY YARD\MSC FILES\MSC PROJECTS\400 S\MSC 452\NISB TRANsmrrAL TO CLERK 452 DOC /)/),-s e - V5,:� a c�a p Qlv ous &"S�� BID DAB: � c�' TnM � c� Engineer's Estimate: $ ULM BIDDER'SNAW 11/11-1 1 RANK TOTAL BID"OrJNT -tfcAJA5A1+�-T 7S,,O/� 2 $ rI'c10� J©� a 4 A-L A_VAJ6 $ -771. 3V-3 as .3 /� o0 / a o 00 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ 7 1 G Unsuccessful Bids DISC-452 Reconstruction ®f Various Residential f � CITY OF i r I ON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK .ROAN L. FLYNN CITY CLERK September 22, 2008 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 RE: MSC-452 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure CALIFORNIA 92648 g:lfoHowuplcashcont/returnbidbond. doc ( Telephone: 714-536-5227 ) MAY - I FM 14 t4k c H Hui,l i SECTION C ]PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL. STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 MSC - 462 Project Bid Schedule Sas•.qtnna- Hn11vw®nnri_ Arrrfrav :I n �� os 57 REMOVE/DISPOSE OF PA KW Y T EES�a 1 AT 1PER EA. taiga U!5 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 29,864 INCL.) i "� �� " 2 AT _�}(LSZ. cAl p PER SF 27,280 PARKWAY EXCAVATION 3 AT ()(\I )-- PER SF t • 00 REMOVE{REPLACE IRRIGATION SYSTEM IN PARKWAY 4 56 AT rby`,U J} PER EA. . ( a'lc�` CO 81 REMOVE/REPLACE WATER METER BOXES 5 AT PER EA. 5a-C2� REMOVE/DISP SE OF CURB AND GUTTER(CURB RAMPS 5,456 INCL.) �D J 6 AT�-PrPN� `� �l� PER LF J y. ,—Sb REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 5,456 AT A\fe-,2 - PER LF 3 . (b l 3 Ct . G 12,860 REMOVE/DISPOSE OF P.C.C. DRIVEWAY IWD PER SF 8 AT , 60 2,646 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF 5, (-} 13,4 cz 1,476 REMOVE/DISPOSE OF SPANDRAL '-1 10 AT �R� -"'-" PER SF 55, 6b 3,30 o cD CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 5,456 202) 11 AT PER LF jg+� 1 UZS93Lo.CID 12,860 CONSTRU T P.C.C. RIVEWAY (per Standard Plan 209) Je �5b 12 AT I 4� PER SF y . 29,864 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) TgIN 13 AT - 'at-e-kcc PER SF 3, 00 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard Plan 109) 14 AT PER TON UG CONSTRUCT WHEIL CHAIR RAMP (per Standard Plan RSP 15 6 A88A) AT v . PER EA. tl'M 03 9 , Qb 1,476 CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT 1(1W -- PER SF q. Cb CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 2,646 AT YU — PER SF C1. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Plan 718) 18 AT — PER Lot 1210 f t� ((��� • Cb 84 PLACE NEW PARKWAY TOPS IL AND RESEED 65 19 AT fJW V \ UV�hyt-1 : — PER EA. C-2s MSC - 452 Project Bid Schedule FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 20 79 Standard Plan 714) AT �?t 1�1 t.�l PER EA. l� orb j S 21 28,360 COLD PLANE AT'`+`'�/ PER SF ®?)S Q C - 6 0-Ca - c FURNISH AND INSTALL PETROMAT 22 98,208 AT k'n ilAi--s PER SF ®fib � $� , Sb ONE & ONE-HALF I QH OVERLAY 23 884 AT �, Y'liP� PER TO g�. 0� 3�• o ADJUST WATEITVALVES 24 1.1 AT -hAJI UOJ VN0_k 4,'vPER EA. �a C7 . C'Z) ADJUST MANHOLES I 25 11 AT ( S\ X PER EA. PREPARE PRE -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AM CIES 26 AT PER EA. �� , a) I PREPARE POST -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AG CIES j 27 AT PER EA. LSD , 6b 5b Qb i "otal Amount Bid in Figures: $ —1,?Cp , p�% o 165 "otal Amount Bid in Words: Sit( _&wzAvv1naV1LppWn .n An\ktivz, 4 gS ►to C-2s I MSC - 452 Project Sid schedule 11 REMOVE/ ISPOSE ORKWAY TREES 1 AT PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) 2 AT6b'iP'b PER SF 3 5,300 PARKWAY EXCAVATION AT Cai,�"� PER SF 11 REMOVE,/REPLACE IRRI ��A'�T,II,O��N SYSTEM IN PARKWAY 4 AT tJ`dL� '—" PER EA. Lim 9 REMOVE/REPLACE WATER METER BOXES 5 AT PER EA. (-i� Ob G , c� REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,060 INCL.) 6 AT PER LF [ oZ'"1 1,060 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) --� y \)kt --- PER LF 1,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT �rvv'b- - PER SF a ?Jq 4C); 8 1323 , REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT — PER SF CsLS 9 -`vim 10 738 REMOVE/DISPOSE OF SPANDRAL AT `\jk-e, — PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,060 202) 11 AT PER LF a j ( � 02�� . (CO 1,870 CONSTRUC P.C.C. RIV AY (per Standard Plan 209) � 12 AT r i PER SF g �� 4,240 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) PER SF Vz> 6 13 AT CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 14 40 Standard Plan 109) AT OQ. �'1i.D PER TO S bb, a) , ( 1I , CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 15 AT�ff�Y l� 'h�-� �,Wy PER EA. 738 CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT K-ZV'CN� PER SF 'a j 1,323 CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT S PER SF C) � CO 17 Atf^ c a FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 13 (per Standard Plan 718) 18 AT PER Lot. 13 PLACE NEW PARKWAY TOP SOIL AN RESEED AT PER EA. 1m Cv0 19 4 m /UAM i Y C-2s .MSC - 452 Project Bid schedule FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 13 ATndar�dPl z1 20 4) �^ n I D' PER EA. 5,660 COLD PLANE 11� �r `�r.� 21 ATPER SF PREPARE PRE -CONSTRUCTION CORNER RECORD AND FILE WITH APPROPRIATE�AGEN I � f t 2 AT �Ti\Q� 1/�3t1` `t �t���f'11 '� PER EA. . I� 22 PREPARE POST -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGEN AT PER EA. 23 L 3 Total Amount Bid in Figures: $ [�(g, 9 03, a5 Total Amount Bid in Words: rg\ a \n v�vto kn ;A-,4 S`iY ih)!4kV h YIQ�(11N1 f C-2s 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 SiWSbOlndin the amount of $ 10 1 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: Kz/j Addenda No. Date Received Bidder's Signature C-2 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 reeKU lWe Serj> q- Us y Sb C P 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. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange 201aP1r-� IFIMAI&M ,being first duly sworn, de oses and says that he or she is ��eSid�.�n-�' of Pill fan �sPg,A + 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. All Aro-t-cri r,�n AS phc4A } Name of Bidder ignature of Bidder 1Zubt , ra�r�i 1 V. u• �5by a x)- i Nybr A! A q a?3 1( Address of Bidder Subscribed and swo efore me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1700922 Notary Public - California z� Riverside County My Comm. Bores Oct 2b, 2010 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 29th day of April 2008. Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (a Name of Signer Prgveed to me on the basis of satisfactory evidence .6e the person who appeared before me.) ,V. qoic� Signature i Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: 4-29-08 Number of Pages: 1 Signer(s) Other Than Named Above: None 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT # 452 (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: —1 01 I lot All ARsoao k_- Contractor By o �'� 13r lei Title C-5 DISQUALIFICATION QUESTI®NNAIRE 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. N/ rA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 r 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: 401109 'PA11 Nmexlcu R50alt Contractor a U;00 nesIaeyy� 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 DigAlert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Ali Afiiff1 coxn Rsp*�, - Contractor i ' 9/ •� W ad: 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: n A S C)VA al i- Bidder Name � ))Do Business Address Cvb-m eft City, State Zip 51)-A3Ar-+1j0 Telephone Number -* au-i 0--3 A i C -1 a State Contractor's License No. and Class ( I-1 1---I Original Date Issued 1-31--10 Expiration Date The work site was inspected by Tf1rN I.PBDVie�— of our office on ri� a 5 , 200K The following are persons, firms, and corporations- having a principal interest in this proposal: �r 1 )M -r�,, -. W, Iffy , J C-9 I 1 i 1 1 i 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. Company Name Signature of Bidder Printed or Typed Signature Subscribed an orn is efore 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. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Name and Telephone No. of ProjecpI Contract Amount Type of W Type of Work Name and/Adesof Public Agency Name Telephone No. of Project Manager: Date Completed Date Completed >ntract Amount Type of Work Date Completed C-10 f y a CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1700922 Z c ° Notary Public - California Riverside County NN COmm. E1a)Ues Oct26, 2010 t Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 29th day of April 200 8 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) Name of Signer gyred to me on the basis of satisfactory evidence the person who appeared before me.) Signature > Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: 4-29-08 Number of Pages: 2 Signer(s) Other Than Named Above: None 1 u2007„ PAST WORK REFERENCES City of Westminster Citywide Street Improvements 8200 Westminster Boulevard Contract Amount: $1,085,000.00 Westminster, CA 92683 Start: 11/2006 Contact: Theresa Tran, (714) 898-3322 Ext. 282 Completed: 6/2007 City of Irvine P.O. Box 19575 One Civic Center Plaza Irvine, CA 92606-5208 Contact: Uyenly Bui, (949) 724-7559 City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Robert Luciano, (714) 765-5286 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92376 Contact: Gary Voborsky, (949) 361-6132 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Contact: Andy Tran, (714) 644-3311 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Karim Varshochi, (714) 412-2722 City of Tustin 300 Centennial Way Tustin, CA 92630 Contact: Benny Tenkean, (714) 573-3161 Jeronimo Road Contract Amount: $649,000.00 Start: 3/2007 Completed: 5/2007 Weir Canyon Contract Amount: $795,000.00 Start: 3/2007 Completed: 6/2007 North El Camino Real Contract Amount: $1,400,000.00 Start: 4/2007 Completed: 6/2007 Citywide Street Improvements Contract Amount: $1,392,000.00 Start: 1/2007 Completed: 5/2007 Seal Beach Boulevard Contract Amount: $930,647.00 Start: 12/2006 Completed: 4/2007 Jamboree & Tustin Ranch Rod Contract Amount: $2,700,000.00 Start: 11/2006 Completed: 4/2007 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: SHM *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 1 ® Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars($ 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 Reconstruction of Various Residential Streets, Maintenance Service Contract 9452 Bid Date: May 1, 2008 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 22nd Witness day of A A.D., 2008 ALL AMERICAN ASPHALT (SEAL) r' tpal FIDELITY AND DEPOSIT COMPANY OF Surety��ji By L %�- - %�' (SEAL) O N 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 ACKNOWLEDGEMENT State of California County of Riverside On April 29, 2008 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(Vrof Signer(tr BRENDA L. ROYSTER Commission # 1700922 -e� r" Notary Public - California Z Z Riverside County MyComm. ExpiresOct26, 2010 k who 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/##ey executed the same in his,(hpr4heir authorized capacity(ies), and that by his/hefftieir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official eaVI g Si nature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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: April 22, 2008 Number of Pages: Signer(s) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner— o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: o Individual ❑ Corporate Officer — Title(s): — o Partner— o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ` � 4 CALIFORNIA ALL. -PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 4-22-0.8 before me, BARBARA J. BENDER NOTARY PUBLIC Date HwahwertNamawtftat the com personally appeared OWEN M. BROWN Nme(s1 of 1 r,(BARBARA J. BENDER 0,0Commission # 1494946 Z Notary Public - California Orange County MY Comm. Expires Jul 13, 2008 =C� - F �. BARBARA J. BENDER �- Commission # 1494946 Notary Ptibtic - Ccxifornta S Orange County My Comm. ExpIrm Jtri 13. 20=0' Piece Notary sea! Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(p) Wa/ subscribed to the within instrument and acknowledged to me that hetexecuted the same in hmftwUw authorized capacity m), and that by hisiUMMir signature(*) on the Instrument the person(t), or the entity upon behalf of which the person($) -acted, executed the instrument I certify under PENALTY OF PERJURY udder the laws of the State of California that the foregoing paragraph is true -and corn _ WITNESSad Signature Though the bltormauon bemw is not required by lam. it may protre vahaab1e to persons re4ft on the doaanept and could prevent fraudulent removal and reaaw&nent of fts imm to arsWter dQC!lr &X Description of Attached Document Title or Type of Document BID BOND Document Date: 4-22-08 Number of Pages: Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer(s) Signer's Name. OWN M • BROWN ❑ Indnridual ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited ❑ General _ U Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Signer's Name: ❑ Individual ❑ Corporate Officer — T'rtle(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee T� mums t,ere ❑.Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave.. P.O. Box 2402 •Chatsrwrth. CA 91313,24b- www NadonaN4daryorg `Item kT.r9907 Reord9r.CaaATo4-Free 14M476-M7 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, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a des by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and 1 o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al tr takings, and the execution of such bonds or undertakings in pursuan D , s on said Company, as fully and amply, to all intents and purposes, as if th xe-g ged by the regularly elected officers of the Company at its office in Ba ' rf � , heir r This power of attorney revokes that issued on behalf of Owen M. BROP at ruUy � The said Assistant FA, Section 2, of the By - IN WITNESS WI affixed the Corporate December, A.D. 2004. ATTEST: 'gyp DfPOg�r O O Is e r, 189@ T ��t the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. ZOF, 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 ss: City of Baltimore 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. 4a c i� Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-4160 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 22, 2008 Damon Construction 8851 Watson St. Cypress, CA 90630-2243 RE: MSC-452 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure a CALIFORNIA 92648 g:/followup/cashcont/returnbidbond.doc ( Telephone: 714-536-5227 ) DAMOK �CONST. CO., I s8s0vAT6r4gT,'m--rr"l 2008 MAY — I FM 1: 5U aE y c. . MY EE A CH Alk SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT it 452 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 60 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 ._J 10 MSC ® 452 Project Bid Schedule Saratom;- Hnllvwnnd- Andrav REMOVE/DISPOSE OF PARKWAY TREES 1 57 AT Six hundMd YALAy Threse- PER EA. Oo 00 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 29,864 INCL.) C S/ 0 2 AT omfF PER SF Ll 6,.ggc? -2 PARKWAY EXCAVATION 3 27,280 AT owe Del for FA;±t Ce.A+S PER SF So 00 REMOVEIREPLACE IRRIGATION SYSTEM IN PARKWAY 4 56 AT Si X kundrecl FoL-J:X Five_ dplIar,-, mievm�'ER EA. 6_115-, /,7 81 REMOVE/REPLACE WATER METER BOXES CeAA PER EA. 70 5 AT1-hrvo-- kindrvwd R4xPlye- elolbars spvga1%_ 355% 70 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 5,456 INCL.) 6 AT Twan-4 Thf!La- dollors FIF+een CgAjm PER LF t.AS.'5' $1.26,306. 'yo REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 5,456 t.,an+y c-eAjT-s PER LF .20 12,860 REMOVE/DISPOSE OF P.-C.C. DRIVEWAY 8 AT Two dollors TwenA.-,g Five. reenA-s PER SF $,g. as- 0 $01g, 93S-, REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 2,646 ATSeven d6llor& Seilp-nil r-ige- Ce 4s PER SF 7.76' to S-0 6. 5-0 11476 REMOVE/DISPOSE OF SPANDRAL 00 10 AT sewqcn cool lars Twen-bj FjqeC�4S � PER SF /Oj 701. CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 5,456 202) 11 ATTwexA-y-ot...�6 dollars 7wgAi-4 CL-n-4-5 PER LF 1157, 667.,90 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 12860 , AT Four- C10110jrS �*qe A-,�v aen4-f, PER SF J q. 78 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 29,864 AT'Tlifcze clollars FIT-±"V- e ce-nA-, PER SF 3. SS 106 0 d-O CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard Plan 109) 14 AT 0,gjjq�=rj 4 pipkau%Caf*sPER TON IS A7j7C5'- - CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 6 A88A)-m-OTROOSAWO o� 1juN3DReD 15 AT fi-4*-c1011or% PER EA. Jg, JOS. 85- I /0 CONSTRUCT SPANDRAL (per Standard Plan 205) 16 1,476 AT Sio v F Cm lsM — PER SF 0 21646 CONSTRUCT CROSS GUTTER (per Standard Plan 205) C> 0 17 AT SiX JolkoirS r-i% eetjZ PER SF 6.6'0 9 17. FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Plan 718) 18 AT M rw4 (Je,110,p:b Pnr±y-E-t-%Le CafTS PER Lot. 7J 303. ss, 84 PLACE NEW PARKWAY TOP SOIL AND RESEED 00 19 AT WImimunamd sl en d6nQf5 Sgvaxjry SqftPER EA. XIY-4&9 , 1.4 ?67. 9) 0-2s FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 Standard Plan 714) 20 AT Two wumpkso F ?wodall4rs E'ER EA. 5 7fl COLD PLANE 21 28,360 AT Thjr3nf c_murs PER SF 3p 98,208 FURNISH AND INSTALL PETROMAT 22 AT F-FTCvN C-'F_V,�M PER SF O �� ONE & ONE-HALF INCH OVERLAY II� 23 884 AT I141NZr I bI�G,Aa�If�S �' tam% C t4L� PER TON ADJUST WATER VALVES C&A.S 24 11 AT-rl;Leg KUAaMe p ►a mm:i 'itoo doll4rs EqL* Frve PER EA. y :9,2113A. s ADJUST MANHOLES 25 11 AT Timet5 ►tusigget) Fo0.TY orge dollors touts Emo ,_Frye PER EA. S 34 9 y� PREPARE PRE -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AGENCIES 26 AT�ivCinvndt Seye E t cjoll4�'3 Fiat' CAA t5 PER EA. �-a. S d PREPARE POST -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AGENCIES 27 ATVAWo-hot-4 d Soo" erc*#T ►x Ws Fzt:rrc.Earts PER EA. $57,'.So Total Amount Bid in Figures: $ v IJ Total Amount Bid in Words: Q d - 1(p Us jq �l pv ( ol C-2s 3 30 sox, oa 7-3� a� 4,316. 76' 18413, 95' 5, 363 . so 6,363. S-o I MSC - 452 Project Bid schedule Fnrp--qt (Altp-rinntp-1 mvw, REMOVE/DISPOE OF PARKWAY TREE 11 AT!566 -kO c PER EA. OV -71 vdrd (ee &73 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) AT 00 e_d z>lla-v -4,J'eZ7� V-e 0-g"ER SF 2 5,300 PARKWAY EXCAVATION ATOO-e d0lle-��? fif-�y C-6YTfY SF'�/ 3 --P-E�:R 11 REMOVE/REPLACE IRRIGAT�114 SYSTEM IN PA AY ATM Hfy u h di-ed j,/f-�y j 4 x- 9 'X REMOVE/REPLACE WATER METER BOXE AT 777y-e-p- fiUhdt-&1 4. ��V4 IV3 5 Ye7b_ �-ER IL�-, REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INC- 15 6 1,060 .) d §�, C,00-1t' eM PER LF ��'/Ji -t�Ce- &- d11,40 AT�e /I 1w 1,060 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) ATA O. I e ki tq PER LF r C) 7 L) v-db 8 1,870 REMOVE/DISPOSE OEP..C.C. DRIVEWAY PER SF 9 a-S 1,323 REMOVE/DISPOSE OF EXISTING CROSA GUTC AT5eY�-erl d0l/ It �- 'S-W61 N I VC PER SF 9 738 REMOVE/DISPOSE OF SPANDRAL ATSe,� - e y-e PER SF Vzwd�gflct�, 10 , CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan CC? 1,060 202 �) JD11' V he 6ur5PER LF 11 AT'" 1,870 CO STRUCT P.C.C. DRIVEWAY (per Standard Plan 209) L- AT. ' S-eV &An--f-q C4+',,J:5 PER SF i 7 it -70 -To 12 0(-Cfw1a-,(-5 4,240 CONSTRUCT de-,11 P.C.CLS;D K pergandard Plan 207) AT-0(, WPER SF' 13 ,,rC0- _ -CP!q5 40 T p CONSTRUCT ASPHALT CONCRETE (GUTTERfLa,t, Standard Plan .09) 1 _7 $ - I Zk)b 14 ATaL, PER TON 4 CONSTRUCT WHEEL C AIR RAMP (per Standard plan RSP A88 15 A P ER EA. 738 CONSTRUCT SPANDRAL (p Standard Plan 205) )v cloff AT PER SF�, > 16 W 1,323 CONSTRUCT CROSS GUTT :Ilan 25-5—) %RMr Standard I AT :SIX CfD#,1Ar5? PER SF4 17 13 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per Standard Plan 718) '0�, zk4 boo) PER Lot. 18 19 13 PLACE NEW PARKWAY TOP SOIL AND RESEED AT PER EA. 75 NIT C-2s F�. FURNISH, EXCAVATE & PLANT 115 GALLON TREE (per � f � 13 Standard Plan ATW�� ffohdr ' `�lv"l�do[1a_j">i�I ER A. �d,5� (110 20 COLD PLANE go 21 5,660 AT nI HV "'PILf5 PER SF T> PREPARE PRE -CONSTRUCTION CORNER RECORD AND FILE WITH ,APPRO RIATE� °` ENCIES �- �'D it66 2 AT4� �1C7 -�� PER EA. �) f%(1� 22 ✓ PREPARE POST -CONSTRUCTION CORNER RECORD AND 6rD t (� j� 2 FILE WITH APPROPRIATE A EyCIES C I lfl �V ATV U VLF �! �'S PER EA. �vl.° (` 23 Total Amount Bid in Figures: $ 17LO4 cj`7 r 7% Total Amount Bid in Words: d�� _, 5 �'V�'� _ S/X F� f �� 2f= r O h c i11G' F C-2s '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. IOiK Accompanying this proposal of bid, find gimeg6& 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: Addenda No. Date Received Bidder's Signature C-2 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 av r as MANNCAS, AQTVM&Jf4 c0u'MAcT0gS gsoo oevep.LY tram a o WrveeA A 0660' 1 3 9 8 y W t9 t qo StAVePJ3 'mew sice6p rs d57o dAbT 3T 1107 CAbe LAND gv0.N�Ysa,m , TNC. (684 ". &cKHoFF ST 00. AN6 dl PAveH6►iT ReC_YC_Lr'w6 SY=GMS P.O. box IX46 JXwe s'WeCAgBso) 56935� A /S Dr- T I.AFF&c SM-MALTST xct? o e Abl' VA zotIA aTAONT V776 No i �APein &k �.�•c 1 N� - G-p G 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 NONCOI.,LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mp i4c.,p,p_E:rA-tjN Ru Lt_o , being first duly sworn, deposes and says that he or she is PP,r�t, E&r _ of t a c-oNgr- CO. 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 46"k9_x NOTARY PUBLIC _DNMC J Name of Bidder I I : a 4 - ass t AT'Sota ST:. e-YPPFSJ.CR• 9_cy-3c� Address of Bidder day of ,20_ �Vq u V$ut, Jwr-4 NOTARY SEAL C-4 CALIFORNIA JURAT in a a e e e a a a a e e e a a a a e e e E e a® a a e e a a a a a e e a a a a a© a e e a e e e e e e e a e a a a e e e e e e e© e a e e a a a State of California County of Orange SS. Subscribed and sworn to (or affirmed) before me on this 1st day of Ma y _, 2008 , by MARGARET ANN RULLO , proved to me on the basis of satisfactory evidence to be the person who appeared before me. MARIA MARCELINA A. GODINHO CONW. #1550552 NOTARY PUBLIC - CALIFORNIA co ® ORANGE COUNTY o Z My Comm, Expires Feb. 6, 2009 �0000 ac��a�.���.�o Aoo�000eoa000000s000000 (Seas) iae®eeeeaeaeaeeeaaaeaeeomaaeaeeeaeeeaeeeaaeaeaeeeaaaeaaaaaaoaaaeaeaeeoeaa OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. :i's t'i`ilst:i°�',-.�. i:.`tair iPrr,pi-,iaTit",n, [rc. , v . *-�l _ ",i: - �+5�;'"e..,.s. „tlze€ o; ic?t1.i".�.:i"�� 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT # 452 (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: S —I -ba Contractor By Title I-� 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 2 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 — t — © & -D AJyAc---," C-C) C Contractor p-zis t,pENYT' Title fa C-7 A Y- r� 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: -I)ktMCA J CoNST. Co. Contractor -Ppue:S tx)�E-;Q l Title Date: S -- t —o B 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 A BIDDER certifies that the following information is true and correct: 11 �AM�►J CoNsT Ca • , Bidder Name 88 S 1 WAc-rsoN ST- Business Address C.K PR�sS . CA. 9 ®G3C City, State Zip (71-4 ) C195-S49en Telephone Number a.E�n CM- 8 RS State Contractor's License No. and Class Original Date Issued Expiration Date ; The work site was inspected by LU t S u of our office on 4 — a9 , 20ng The following are persons, firms, and corporations having a principal interest in this proposal: ��� orti Cc� tom► sT C.o • ��_ f C R CAI_l Fo P-Ij r,C�, Cc�,rZPo RATI dtl) 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. �p.MoN C�NST CCU . Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . Ste' Ck 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. ^�-� s� sT-HE Ea-t t:\C-keZ) PRZ�Is9T REFE�N� sT Name and Address of Public Agency L' PPG(Es) 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 JURAT t a m m a m a a a a a a m a 9 m m m m a a m m a a a a a a a a m m m m m a a a a m a m m m m m a m m m m a a a a a a a a m m m m a m m a m m m m a State of California County of Orange ) ss. Subscribed and sworn to (or affirmed) before me on this 1st day of May _, 2008 , by MARGARET ANN RULLO , proved to me on the basis of satisfactory evidence to be the person who appeared before me. ,9Weis���•p.�� ��a�,�-r4^w-mow# ��sa6 z�ar�b�0��®�00®®6 MARIA MARCELINA A. GODINHO o .� COMM. #1550552 cc m o NOTARY PUBLIC - CALIFORNIA C s ORANGE COUNTY k4y Comm. Expires Feb. 6, 2009 t Seal li7,� Signature f No ry immaaamammmmamaaamaaaaammaammmmmamaaeemaammmmmmaammaaaaaaaaammammmmmeammm OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ,. ,.-.. �;::s i-it:4.<<t E...i\.'.ff�v �';;' ,'ts ;" .!"�;.'..... ,... .it.•� ..;'.��'—_�l;er_'s _ ,,t�R; ���� u. ..."3i�i?�:`�%i� �. ..: f.;,. 8851 WATSON -STREET m CYPRESS, CA 90630-2243 (714) 995-5490 o FAX (714) 995-5707 PROJECT REFERENCES PUBLIC AGENCIES City of Alhambra Frances Moore (626) 570-5090 City of Arcadia Mark Rynkiewicz (626) 256-6552 City of Bell_ Carlos Alvarado (626) 960-1889 City of Brea Brian Ingallinera (714) 990-7600 City of Cerritos Mary Ann Wozniak (562) 860-0311 City of Commerce Martha Gomez (323) 722-4805 City of Costa Mesa Carlos Castellanos (714) 754-5343 City of Cudahy Carlos Alvarado (626) 960-1889 City of Cypress Fun Gorin (714) 229-6748 City of Downey Jim Bautista (562) 904-7117 City of El Segundo Paul Bowen _ (310) 524-2356 City of Hermosa Beach Tristan Malabanan (310) 318-0228 City -of Huntington Beach David Verone (714) 375-9471 City of Inglewood Teresa Kneedler (310) 412-5333 City of Irvine Judy Morse (949) 724-7664 City of Long Beach Sadie Tuaa (562) 570-6537 City of Lynwood Antonio Perez (310) 603-0220 City of Maywood Lissette Calleros (323) 562-5700L City of Montebello Robert King (323) 887-1200 City of Newport Beach Frank Tran (949) 644-3311 City of Orange Alan Truong (714) 744-5568 . City of Pasadena _ David Ortega (626) 744-6912 City of Pico Rivera Romeo Ligason (562) 801-4421 City of Santa Ana William Albright (714) 647-5029 City of Santa Monica Monica Diaz (310)458 2205 City of Thousand Oaks Jocelyn Bylsma (805)449-2456 City of Torrance Sue Herbers (310) 781-7532 City of Vernon Max (323) 583-8811 ex. 221 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7110 County of Orange Lori Hanson (714) 567-6257 Dept of Parks & Recreation Robert Scholfiel_d (949) 496-1866 L.A. Unified School Dist, Maria Martinez (213) 241-2702 O. C. T. A. Sarah Strader (714) 560-5633 Palos Verdes Peninsula USD Lora Dodell (310) 378-9966 ex.227 PRIVATE_ FIRMS Amoroso Construction Valerie Frahm (714)433-2326 ARB Structures Debbie Esparza (949) 598-9242 Archstone - Smith CJ Wiemann (949) 455-4500 Bemards Bros.' Paul Richardson (949) 461-3650 Bomel Construction Elizabeth Marin (714) 279-3224 Robert Castognia Don Perea (562) 803-3328 CT&F Manny Rosales (562) 927-2339 R.J. Daum Const. Mark Perong (714) 894-4300 Del Amo Construction Roy Northup (310) 378-6203 Dynalectric Therese Jelnick (714) 484-2305 Excel Paving Co. Curt Brown (562) 599-5841 Eastside LRT Const. Al Guerrero (323) 980-2544 J. Fletcher Creamer & Son, Inc. Patty Padilla (818) 367-9748 GCI Construction, Inc. Janet Russell (714) 957-0233 Hathaway Dinwiddie Kip Drabeck (213) 236-0500 Hemel -Phelps Construction Ken Ketchum (949) 852-0111 Imperial Paving Co. Irene Gomez (562) 944-0975 Kemp Bros., Inc. Pegi Early (562) 236-5000 Keiter Corporation Bonch Nagata (323) 266-6302 Laird Construction Terri Duval (909) 989-5595 H. A. Lewis Inc. Herbert Lewis (310) 478-1511 McCarthy James Metoyer (949) 951-8383 Majich Bros. Paul Majich {626) 398-9992 John T. Malloy Inc. Justin Malloy (323) 780-9942 John S. Meek Company Bill Gomory (714) 930-6323 C.C. Myers Tracey Carlson (916) 635-9370 RJ. Noble Co. Jennifer De Iongh (714) 637-1550 W.E. O'Neil Construction Jim Surdyk (310) 643-7900 PCL Construction Services Paulin Cook (213) 614-0481 Peck/Jones Construction Dan Dagert (310) 423-3964 T. T. Polich Associates Donald Kral (714) 835-4612 Powell Constructors Paul Zolezzi (909) 356-8880 Hensel Phelps Construction Clint Squire (714) 938-3300 Premier Stamp Concrete Dominick Ingtaffic (909) 965-3362 Mike Prlich & Sons, Inc. Pete Serdarusich (323) 283-7852 Ryco Construction Tycanne Arceri (310) 324-1151 Sema Construction Micaiah Revero (949) 470-0500 Shawnan Corporation Jenifer Soliz (562) 803-9977 J.F. Shea Const Jack Herrington (909) 595-4397 St. Cornelius Church Ted Brodeur (562) 425-7813 Steiny and Co. Robert Hernandez (626) 338-9923 Swinerton Builder. Kevin Hermreck (949 )622-7000 TG Construction Ed Wright (310) 640-0220 Taisei Corp. Carolyn Carpenter (714) 886-1530 Thomsen Landscape Merle Thomsen (818 )344-0158 Ken Thompson Schalk Opperman (714) 995-1371 Trade Mark Concrete Yelena Westerfield (714) 970-8200 Trammel — Crow Bill Gertsner (310) 229-8919 Valleycrest Landscape Michelle Duran (818) 834-1000 Valverde Construction Chris Valverde (568) 906-1826 Weeger Bros. Inc. Mark Weeger (714) 536-3854 Western Paving Bill Miller (626) 338-7889 Howard S. Wright Construction Linda Madrigal (949) 567-1909 Woodcliff Corporation Omead Tabrizi (818) 784-8444 2 CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT AMOUNT DATE CITY OF ORANGE ROLLING GREEN LANE -QUEENS GATEWAY 68,150.00 01/05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1) 260,000.00 02/05 AMELCO CO. ADDITIONS TO BELL GARDENS, H.S. 643,000.00 04/05 CITY OF LONG BEACH ANNUAL CONTRACT R65-95 4,481,300.00 05/05 CITY OF INGLEWOOD ALLEY CONST. PROG 04-79 277,420.00 07/05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 11/05 LAIRD CONSTRUCTION SIDEWALK RAMPS -RIVERSIDE 128,142.50 11/05 SWINERTON BUILDERS OCTA BUS PARKING STRUCTURE 410,825.00 11/05 WOODCLIFF BELMONT NEW PRIM CTR. 146,433.00 11/05 CITY OF HERMOSA BEACH CONCRETE IMPROVEMENTS 87,920.00 11/05 CITY OF WHITTIER CONCRETE IMPROVEMENTS 189,510.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 R.J. NOBLE CO. RESIDENTIAL ST: FULLERTON 356,479.00 12/05 CITY OF PASADENA WASHINGTON POP -OUTS 570,752.50 12/05 R.J. DAUM CONST. LA SOUTWEST COLLEGE 256,138.00 12/05 EXCEL PAVING SOUTH ST. ANAHEIM 114,730.00 01/06 TAISEI CONSTRUCTION DEL MAR STATION-PASADENA 153,320.00 01/06 DEL AMO CONSTRUCTION PACIFIC CHARTER-CRENSHAW, L.A. 140,232.00 02/06 CITY OF YORBA LINDA ACCESS RAMP IMPROVEMENTS 115,996.25 02106 CITY OF SANTA ANA OMNIBUS CONCRETE REPLACEMENT 403,835.00 03/06 CITY OF MONTEBELLO SAFE ROUTE TO SCHOOL(SR2S) 229.688.00 03/06 CITY OF ALHAMBRA 2005 HUD CONCRETESNV REPAIR PROJECT 148,960.00 03/06 ROBERTCASTOGNIA STREET IMPROVEMENTS-TORRANCE 110,111.50 04/06 BERNARD BROS. SUNRISE ASSISTED LIVING -PLAYA VISTA 62,979.00 05106 CITY OF TORRANCE CURB & GUTTER REPLACEMENT 1,082,441.00 05106 CITY OF LYNWOOD SAW CURB & RAMP IMPROVEMENTS 247.240.00 05/06 BOMEL CONSTRUCTION CAL STATE FULLERTON PKG STRUCTURE 11 154,710.00 05/06 R.J. DAUM CONST. ORANGE COUNTY JUVY HALL 233,067.50 05/06 DYNALECTRIC (35030) AZUSA AVE. / SAN GABRIEL RD. - COVINA & AZUSA 12,785.00 05/06 CITY OF CUDAHY CURB RAMPS -VARIOUS LOCATIONS 37,600.00 05/06 EXCEL PAVING CO. (4307) NEWPORT SHORES REHAB 322,510.00 06/06 CITY OF PICO RIVERA PROJECT 2007 WASHINGTON BLVD. 343,379.90 06/06 MAJICH BROS, INC. SEWER IMPROVEMENT -GARDEN GROVE 294,350.00 07/06 EXCEL PAVING (4205,4206 & 4207) CHARLES DREW MIDDLE SCHOOL 172,829.00 08/06 CITY OF LONG BEACH R-6666 THE ANNUAL CONTRACT 1,500,000.00 12/06 ARB STRUCTURES, INC. POINT NORTH ENTRY, WEST HILLS 105,304.00 11/06 CITY OF ARCADIA 05-'06 ANNUAL CONCRTE REPAIR 291,998.50 11/06 CITY OF CYPRESS CONCRETE IMPROVEMENTS 176,006.00 11/06 R.J. NOBLE CO.(91029) REHAB. OF ARTESIA BLVD.-BUENA PARK 64,860.00 11/06 CITY OF CUDAHY S/W REPLACEMENT - VARIOUS LOCATIONS 47,276.00 11/06 TG CONSTRUCTION 2120 AUTO CENTER DRIVE - GLENDORA 67,765.15 11106 CITY OF MAYWOOD SIDEWALK RECONSTRUCTION 171,626.00 11/06 JOHN T. MALLOY, INC. MISC. PCC WORK - NEWPORT BEACH 51,693.00 11/06 CITY OF EL SEGUNDO ANNUAL CONTRACTO FOR CURB & SIDE WALK 92,386.00 11/06 STEINY & COMPANY LACO-PACIFIC, LONG BEACH VAR CITIES LA COUNTY 25,000.00 12/05 SWINERTON BUILDERS CHOC PARKING STRUCTURE- ORANGE, CA 94,448.00 08/06 EXCEL PAVING (4314) MARQUEE TOWER-MICHELSON, IRVINE 130,719.00 06/07 GCI CONSTRUCTION INC. 226TH ST. EXT. & STORM DRAIN - HAWAIIAN GARDENS 161,150.00 10106 T. T. POUCH ASSOCIATES CORBIN & MASON BRIDGES - LOS ANGELES 38,926.00 IN PROGRESS HATHAWAY DINWIDDIE AVENUE OF THE STARS - LOS ANGELES 879,523.00 09107 COUNTY OF ORANGE ANNUAL PCC MAINTENANCE REPAIR 100,000.00 06/07 EXCEL PAVING CO. (4339) CITYWIDE LOCAL STREET PROGRAM - LONG BEACH 520,284.00 10/06 GCI CONSTRUCTION INC. ORANGE -OLIVE ROAD & HEIM - C/O ORANGE 45,675.00 11/06 ROBERT G. CASTONGIA, INC. 1-37 DOWNTOWN SEWER REPLACEMENT - TORRANCE 67,967.50 01/06 EXCEL PAVING CO. (4340) SLAUSON AVE. IMPROVEMENTS - PLAYA VISTA 201,482.00 12/06 EASTSIDE LRT CONSTRUCTION METRO GOLD LINE EXT. PROJECT - LOS ANGELES 1,225,751.50 IN PROGRESS CITY OF LYNWOOD 2005-2006 SIDEWALK IMPROVEMENTS 41,210.00 07/06 CITY OF VERNON CITY WIDE CONRETE REPAIR 125,200.00 IN PROGRESS OCTA CONCRETE PVMT. GARDEN GROVE & ANAHEIM BUS BASES 989,000.00 01/07 CITY OF IRVINE ANNUAL CONCRETE MAINTENANCE 208,702.00 06/07 TRAMMEL - CROW CHEVIOT HILLS MEDIAN ISLANDS - LOS ANGELES 380,885.00 06/07 EXCEL PAVING CO. (4354) LA BREA AVE. STREET IMPROVEMENTS - HOLLYWOOD 18,900.00 07/06 Page 1 of 2 CONTRACTORIAGENCY PROJECT SWINERTON BUILDERS KAISER MEDICAL OFFICE EXPANSION - GARDEN GROVE R. J. NOBLE DALE STREET REHABILITATION - BUENA PARK EXCEL PAVING CO. (4329) SUNSET BLV. MANDEVILLE CYN. RD - LOS ANGELES PCL CONSTRUCTION THE MARKET @ 9TH & FLOWER - LOS ANGELES MAJICH BROS, INC. GLENDALE R. J. NOBLE COMPANY HARBOR BLVD. IMPROVEMENTS - ANAHEIM ARB STRUCTURES,, INC. 636 MAPLE AVE. MULTI -MODAL - LOS ANGELES CITY OF LONG BEACH SECOND AMENDMENT SIDEWALK REPAIRS R. J. NOBLE COMPANY BREA BLVD.IMPROVEMENTS ARB STRUCTURES, INC. W. HILLS CORP POINT PARKING - WEST HILLS CITY OF BELL SIDEWALK REPLACEMENT FY 2006-2007 ARCHSTONE - SMITH DEL MAR STATION OFF SIDE WORK - PASADENA EXCEL PAVING CO. (4416) STIMSON AVE. ST. IMPROVEMENT - LA PUENTE MIKE PRLICH & SONS, INC. STORM DRAIN IMPROVEMENT - ORANGE EXCEL PAVING CO. (4419) PARKING STRUCTURE #2 - IRVINE ARB STRUCTURES, INC. OLIVE STREET PARKING STRUCTURE - LOS ANGELES CITY OF BREA CORSICAN VILLAS CURB ACCESS RAMPS MCCARTHY VERMONT- MANCHESTER OFFICE BLDG. C/O LA SWINERTON BUILDERS KAISER PALM COURT 1 C/O FONTANA DYNALECTRIC ATSAC & TRAFFIC SIGNAL MOD. - SANTA MONICA C.T. & F. , INC. LA COUNTY DEPT. OF PUBLIC WORK - ARTESIA CITY OF INGLEWOOD 06-07 SIDEWALK, PREDESTRIAN RAMP & INTERSECTION THOMSEN LANDSCAPE TRIANGLE ISLAND C/O LOS ANGELES SWINERTON BUILDERS 505 CHAPMAN AVE. @ CHOC C/O ORANGE KEITER CORPORATION SHERIDAN ELEMENTARY SCHOOL - LOS ANGLELES SHAWNAN CORPORATION 2006/2007 SITE IMPROVEMENTS PORT OF L.A. POWELL CONSTRUCTORS SUSAN ST. EXIT RAMP (07-06) - COSTA MESA AMOROSO CONSTRUCTION EMERGENCY/POLICE & FIRE STA. OP. CTR= LOS ANGLES MIKE PRLICH & SONS, INC. WASHINGTON SIDEWALK @ HOPE ST. -LOS ANGELES R.J. NOBLE COMPANY HARBOR BLVD., LA HARBA HEIGHT COUNTY OF L.A. JOHN S. MEEK COMPANY TUJUNGA AVE. CITY OF LOS ANGELES IMPERIAL PAVING CO. PHILADELPHIA ST. IMPROVEMENT C/O ONTARIO EXCEL PAVING CO. (4370) ALAMEDA ST. N. SPRING ST. - LOS ANGELES TRADEMARK CONCRETE FULLERTON COMMUNITY COLLEGE WEEGER BROS. INC. MULTI - BLDG. ALISO & LINDA VISTA SCHOOLS J. FLETCHER CREAMER & SON, INC. WATER REPLACEMENT - BEVERLY HILLS CITY OF HUNTINGTON BEACH EDINGER AVE. PARKWAY IMPROVEMENTS TRADEMARK CONCRETE CALIF. STATE UNIVERSITY - LOS ANGLES COUNTY OF ORANGE PORTLAND CEMENT CONCRETE MAINTENANCE EXCEL PAVING CO. (4486) LINCOLN WATERLINE @ BLUFF CREEK DRIVE MIKE PRLICH & SONS, INC. JEFFERSON BLVD. & RODEO DR. - LOS ANGELES CITY OF LOS ANGELES HOLLYWOOD MEDIA DISTRICT BUS STOP IMPROVEMENT THOMSEN LANDSCAPE HIGHLAND MEDIAN ISLANDS C/O HOLLYWOOD SHAWNAN CORPORATION PORT OF LOS ANGELES - T & M WORK AS NEEDED R.J. DAUM CONST. DOWNTOWN PARKING STRUCTUURE C/O COVINA WESTERN PAVING DOLLY PAD IN DOWNTOWN - C/O LOS ANGELES MIKE PRLICH & SONS, INC. 06-07 SANITARY SEWER UPGRADE C/O FULLERTON TOMOVICH MEDIAN CURB ON FIGUEROA ST. - LOS ANGELES CEDRO CONSTRUCTION, INC. BLOOMFIELD & ORANGE C/O HAWAIIAN GARDENS CITY OF LAWNDALE CONCRETE IMPROVEMENTS PROJECT AREA III CONTRACT COMPLETION AMOUNT DATE 125,782.00 07/07 9,881.25 09/06 104,379.50 10/07 289,498.00 06/07 83,083.63 11/06 38,020.00 04/07 44,537.00 01/07 2,500,000.00 IN PROGRESS 89,966.00 02/07 70,015.00 06/07 60,428.50 04107 280,089.20 08/07 91,403.00 04/07 19,717.50 03107 46.827.00 04/07 50,111.00 07/07 55,765.00 03/07 239,667.00 08/07 59,946.20 05107 66,250.00 IN PROGRESS 65,088.85 12107 821,612.00 10/07 6,270.00 06/07 89,807.00 09/07 36,000.00 IN PROGRESS 96,000.00 07/07 42,550.00 12/07 472,875.00 IN PROGRESS 15,957.85 08/07 35,429.15 10/07 143,413.50 IN PROGRESS 33,502.50 07/07 96,779.50 02/08 33,828.00 09107 10,414.00 11/07 32,835.00 12/07 137,606.00 12/07 17,420.00 10/07 100,000.00 IN PROGRESS 46, 750.00 12/07 14, 005.75 10/07 353,268.00 IN PROGRESS 17,860.00 12/07 30,000.00 IN PROGRESS 32,122.00 IN PROGRESS 61,640.00 01 /08 17,250.00 IN PROGRESS 4,345.00 01108 15,311.50 02/08 464,259.50 IN PROGRESS Page 2 of 2 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: ot,,1 C.©. Contact Person: A, R.F_=-T- A v,.j Ll-,n - PAS . Contact Phone: (_-714-) 99 S-- SL+9 o Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 V KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 3033 Fifth Avenue Suite 300, San Diego, CA 92103, 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 Amount Bid by Principal 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT NO.452 BID DATE: MAY 1, 2008 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 29TH day of APRIL , 2008. DAMON CONST. CO. (Principal) SURETEC INSURANCE COMPANY BY: &Vvu L:::� BROOKE REN , Attorney -in -Fact Sure-rec Bid Bond Rev 1.1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT immaaemmammmammmeammmammmemmmaammmmemmmmemmmmmmaaaaammmmmmmmammmmmmammmae State of California County of ORANGE }.SS. On APRIL 29, 2008, before me, Maria Marcelina A. Godinho, Notary Public, personally appeared MARGARET ANN RULLO, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. L'Al Signat re oa000s000�r.wo:���.�00000•0000000000000 o ��� > MARIA MARCELINA A. GODINHO o °o e COMM. #1550552 a A NOTARY PUBLIC - CALIFORNIA s ORANGE COUNTY • 0 my comrn. Expires Feb. 6, 2009 �+�oosoo.►$..�oa000000000000000000000000 (seal) immammmmmmmmmmmmammeasmaammammmmmmmammmrmamammmmamaemmmmmmaamemmmmmmmmmme OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Thumbprint of Signer [] Check here if no thumbprint or fingerprint is available. ✓ ...0,03` .n;iyt i:e �v:.,`F^ I i e. `a:i .i'on, _nc. 800��`�'.=:7' � E.s�` yr r� . ,a... _......_ 3... ;L�' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 29 April 2008 before me, Gladys D. Rogers Notary Public personally appeared Brooke Lafrenz GLADYS D. ROGERS Commission ff 1537880 r� e Notary Public - California ' San Diego County My Comm. E)ires Dec 24, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. WITNE; S ignatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an 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 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: POA #: 510034 Know Aff Men, by Tfiese Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under, the taws of the State of Texas, and having its principal office in Houston, Harris County, Texas,, does by "these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm of La Jolla, CA its true and lawful Attorneys) -in fact, with full power and authority hereby conferred in its name, place -and stead, to execute, acknowledge and 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 Attorneys) -in -Fact may do in the premises." Said appointment shall continue in force until 10/31/OA and is made under and by authority of the following resolutions of. the Board of Directors ofthe SureTec insurance Company. Be it.�tesolved, that the President: any Viceo-Presidont, any P ssi ant Vice-President"any Secretary 4r;any Assistant Secretary shall be and is hereby vested: with full.powcr 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: Atterne) -bi-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, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thercunder; and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, -that 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 ofattomey or certificate bearing facsimile signature or facsimile seal 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 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day ofhtne, A.D. 2005. ttRtd TEC Pf9URANCE COMPANY By: reside State of Texas ss: 7i `�;$ B.J. ][Ci g, t County of Harris On this 20th day of dune, A.D. 2065 before me personally "came B.J. 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 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, Michelle Denny Notary ftft $1016Of Texas AnyCommladon E4ft August 27, 2008 Michelle Denny, )Votary Phfilic My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal ofsaid Company at Houston, Texas this 29TH day" IL 120 08 A.D. NL Brent Bea ," sisfant Sec tary Any instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF H :. .. _ rro BEACH t kT � 44 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 22, 2008 Elite Bobcat Service 1320 E. Sixth Street Corona, CA 92879 RE: MSC-452 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure CALIFORNIA 92648 g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) 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 Street Huntington Beach, CA 92648 N CAZO N 'O Reconstruction of Various Residential Streets SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 ff forth in the Bid Schedule are solely for the purpose of comparing bids and that final 6 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.' d C-1 L DISC - 452 Project Bid Schedule Rnratnna_ Hnllvwnnd_ Am1mv ITEM NO. APPROXIMATE ''QUANTITY ` ITEIvi Vill"rH UNIT PFtICE$k1NRlTTEN 1N U11OR[SS '' "UNIl PRICE 'r . ;T'OTAL'j .. ; 57 REMOVE/DISPOSE OF PARKWAY TREES ` POZ 3 ��pZ 1 AT S% ��'P. l PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 29,864 INCL.) o AT C� QP�I ` > PER SF 753' 2 ,e 27,280 TRKWAY EXCA � lr ER SF 2 42, ,7 3 56 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT crs''fJ ''6!^A mil' ` PER EA. �Z� 3 0►�0, 4 81 REMOVE/REPLACE WATER METER BOXES 14/ 6� 3C� 2.1 3,00 5 AT �•� C % l�/l'�' ER EA. 5,456 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) _a9 014 6 AT Val4g:� PER LF 5,456 REMOVE/DISPOSE 9F ASPHALT CONCRETE (Gutter Slat) '`9i PER LF J% l� .764y� 7 AT 12,860 REMOVE/DISPOSE OF P.C.0 RIVEWAY ATrif��� zare PER SF 2 32/ /3-0 8 2,646 REMOVE/DISPOSE OF EXISTIN CROSS GUTTER AT �b �''SF /� 7 2� �yLYS3' 9 2/ . 1,476 REMOVE/DISPOS OADRAL '��10 AT j / _IV_ 4� Z73'� CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 5,456 202) PER LF i /Zd 11 AT /yl ,�� 12,860 CAONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209)T PER SF 12 29,864 AONSTRUC�T'� .C. SIDEWALK (per Standard PIanPER) SF 2 � �� �� ©0 13 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard Plan 109) 4��f ® ✓� �(i L Mal 14 AT PER TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 6 A88A) '� �/���lGe'/ ER Z� 300 15 AT "/twl'e ,�l�.i�% EA. 1,476 CONSTRUCT SPAN RAL (per Standard Plan 205) 7 16 AT Z PER SF 2,646 CONSTRUCT CROSS GLJTTER ( er Standard P11.205) AT PER SF % BO /% f yr 17 79. FURNISHIINSTALL ROOT BARRIER ( ) EACH LOCATION (per Standard Plan 18) 18 ATQ PER Lot. 84 PLACE NEW PARKWAY TOP SOIL A D ES02 9 SO 79 Ovv 19 AT ! t R EA. C-2s MSC - 452 Project Bid Schedule 1R. qrnfnrin Hnllvwnnri- Aijrirpv APPROXIMATE. 'QUANTITY. " " :UNIT'PRICES,)kR'ii T TTEN IN EM WITH ',WORDS UNIT -PRICE, FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 Standard PI n 714) - k 2 v6r 0 20 PER EA. AT g, , p 2�; " 'a 28,360 COLD PLANE AT PER SF 3 p 0 roe 21 98,208 FURNISH AND1NSTALL PETROMAT AT e PER SF 22 884 ONE & ONE-HALF INCH OVERLAY AT PER TON '72 23 11 ADJUST WATER VALVES A 1 ER EA. TJ1r,0 & 5�01 24 4K,,�,!jj24JT7 'J4,W ADJUST MANHOLES AT PER EA, cco _ac 25 2!2te- — PREPARE PRE -CONSTRUCTION CORNER RECQ RD AND 11 FILE WITH APPROPRIATE AGENQES ­0 26 AT AY461- 4 r� 4 e ,DER EA. PREPARE POST -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPROPRIATE AGEN.CIES 27 AT '4k_ ER EA. _*0 A ITotal Amount Bid in Figures: 1$ & S?' 72 AY, /0 , I Total Amount Bid in Words: L.=& J:r�' -.1e, J �e'e 'vv' e_a".-, ew­o='.A. C-2s 9 MSC - 452 Project Bid schedule Fnrpqt (AltPrnntpl 'ITEM. VNO'.', APPROXIMATE. WRIT.TEN ff UNIT PRICE' ITEiW-iii"UNit,""PRICrz,9' , 141 REMOVE/DISPOSE OF PARKWAY TREES f EA. AT OCAAC 1 REMOVE/DISPOSE OF P.C,C. SIDEWALK (CURB RAMPS 4,240 INCL.) 51to 2 2rL 0/ gZ � e9F1WS-', PER SF AT gj�E 5,300 PARKWAY EXCAVATION 1 SF 03 AT PER 11 REMOVE/REPLACE IRRIGATION S fEM IN K AY ER 5P 0-- 71/5-0 4 AT EA. 9 REMOVE ,JgPLACE WATER METEWROXES AT PER EA. 100 790' 5 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 00 1,060 0/ 6 AT PER LF 060 1, REMOVE/DISPOSE 017 ASPHLT CONCRETE (Qutter Slot) -.9 L 7 AT PER LF 1,870 REMgyF-:/DISPOSE Qf P.C.C. DKIY �EWAY �-OER SF Sb 7r 8 AT 1,323 REMOY-E/DISPOSE C)F EXISTING CAPOSS GI ITTE& AT PER r, 9 * Z. SF 738 REMOVE/DISP05fz OF SPANDRAL SF ce 10 ATZ/ QZ��5 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,060 202) ? 11 AT PER LF 1,870 CONSIFUCT P.C.C. DRIVE (per Standard Plan 209) 7 2- 12 AT f PER SF 4,240 CONSTRUCT-P.C.C, SIDEWALKPefr Standard Plan 207) Tu e i PER SF 121 0 13 AT �': '7z CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 40 Standard Plan 109) ' 14 AT _apwl� ekPER TON 4 CONSTRUCT WHEEL CHAIR RAMP (per Sta/hdard Plan RSP A813A) LI ��d� 9Z0� 15 AT 738 CONSTRUCT SPANDRAL erStandard Plan 205) 'e - 16 AT PER SF 1323 , CONSTRUCT CROSS GUTTER_(per StAndard Plan 205) f- 17 Ce PER SF _IYI-� 13 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION Standard Plan, 718) !2a (per 18 P IAT- PER Lot. IPLACE NEW PARKWAY TOP SOIL AND RE5 131 pad 19 13 AT PER R E A. C-2s m MSC - 452 Project Bid schedule Forest (Alternate) ITEM., APPROXIMATE -,QUANTITY'`'U WiTWUNIT PRICES RITTEN'IN WORDS, NIT'PRICE: "k, TOTALS 13 FURNISH, EXCAVATE & PLANT 15 GALLOZNT TREE per Standard Plan 714) 71 20 I AT R EA. 4K 21 5,660 COLD PLAN E. AT Ci5,_1_v_Z1_ PER SF .10 116 8 PREPARE PRE-CASTRUCTION CORNER RECORP AND 2 FILE WITH APPROPRIATE AGENCLES ro 300, AT EA.'/ 22 1 PREPARE POST -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES 4 - 0 -300 AT AV-, ER EA. �Me � 23 jE�v (Total Amount Bid in Figures: J$ /S-rl dyff -7r I Total Amount Bid in Words: e-,,fir,, low lvo- C-2s 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 bidder I s bona 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: Addenda No. Date Received Bidder's Signature C-2 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 o W rk Name and Address of Subcontractor State License Number Class � sue' /I �vp �' 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 pi, 10 10 go 10 10 10 10 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Joseph 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. Subscribed and sworn to before me this NOTARY PUBLIC Joseph Nanci Name of Bidder Signature of Bi der 1320 E 6th St #100, Corona, CA 92879 Address of Bidder day of , 20 C-4 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNT'INGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT 4 452 (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: 04/24/2008 C-s Elite Bobcat Service, Inc. Contractor By President Title i 0 0 1 CI 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: 04/24/2008 C-7 Elite Bobcat Service, Inc. Contractor By President Title M 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 Utz 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. 0 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 03/31/2010 Expiration Date The work site was inspected by Joe Nanci of our office on April 22 , 2008. The following are persons, firms, and corporations having a principal interest in this proposal: Joseph Nanci, President C-9 C 0 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 Nanci 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. City of Fullerton Name and Address of Public Agency 303 West Commonwealth, Fullerton, CA 92832' Name and Telephone No. of Project Manager: Eric Villagracia (714) 738-6853 $209,190 Concrete & Asphalt 03/2008 Contract Amount Type of Work Date Completed 2. City of Lake Elsinore 130 South Main Street, Lake Elsinore, CA 92530 Name and Address of Public Agency Name and Telephone No. of Project Manager: David Soloman $626,814.47 Street Improvements Contract Amount Type of Work (951) 674-3124 01/2008 Date Completed 3. City of Riverside 3900 Main Street, Riverside, CA 92522 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sean Gill $773,188 Street Improvements Contract Amount Type of Work (951) 826-5892 11/2007 Date Completed M BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Elite Bobcat Service, Inc. Contact Person: Joseph Nanci Contact Phone: (951) 279-6869 Signed: U�l �:t4 2 Date: 04/24/2008 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-1 Z State of California County of V \N-, ( On N-ox, before me, a notary public, personally app areare edos���,� ho proved to me on the basis of satisfactory evidence to be the personN whose name is ate -subscribed to he within instrument and acknowledged to me tha he slAley executed the same in his authorized capacity, and that b his er�teir- `gnatureN on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature \- Aw (Seal) '. cp o\� CIO p Fidelity and Deposit POST OFFICE BOX 1227 OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That we, Elite Bobcat Service, Inc. - - - - --- -- -- - Bond No. _: __0 8 7 3 9 2 6 2 C 0 fflp, t)Ai y BALTIMORE, MD 21203 , as Principal, (hereinafter called the "Principal"), and ,.the F[DELITY AND I)Fpo T 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 City of Huntington Beach firmly bound unto ------------------- ---------------------------- Obligee, (hereinafter called the "Obligee"), in the sum of ---.-----Ten Percent of Amount Bid _ Dollars ($�_10 0 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 __- ------- _____—__—__—_________ Reconstruction of Various Residential Streets 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 ------ -------- _ 2 5 t h ---- ofApril � 12 Elite Bobcat Service, Inc-. (SEAL) rineipal ------ ------ Mtness BY------------- - --- - ----------------------------Y Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety -------- - -- ---- - BY----------- ---- ---------- ------- ---- -E AL) Witness Richard A. Coon trte c325r-50M. 7-92 Conrorms w American Fxtlirorc or Ardut:tts Document A-3I0. Attorney- in— Fact Fd�uary 1970 edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 04/25/08 Date before me, Lexie Sherwood Notary Public Here Insert Name and Title of the Officer personally appeared Richard A. Coon V1 Name(s) of Signer(s) who 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. 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 Place Notary Seat Above Signatu of /101ary-0-6151C OPTIONAL i' 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 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 Top "thumb ❑ Other: Signer Is Representing: 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 © 2007 National Notary Association - 9350 De Soto Ave., P.O- Box 2402 - Chatsworth, CA 91313-2402 - www.NationaINotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e SOOD, all of Anaheim, California, EACH its true and lawful agent and ma t ` d deliver, for, and on its behalf as surety, and as its act and deed: any an, p j ds1 r�n t xecution of such bonds or undertakings in pursuance of these presen 1 ma i lxiiiany, as fully and amply, to all intents and purposes, as if they had been du} 2vit&ac n � v�ih gularly elected officers of the Company at its office in Baltimore, Md., i p:�P erg tp s attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,' �tew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. 0 1J The said Assistant ,es ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, s Section 2, of the By-L` s aid 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: Pip DfPO,; r a o State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Milts 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. y } ii11t1\\\ 4 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H 1 III■. - l� i Y III■11 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 22, 2008 Nobest, Inc, P. O. Box 874 Westminster, CA 92684-0874 RE: MSC-452 - Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, .0-X J4940 Joan L. Flynn, CMC City Clerk JF-.pe Enclosure CALIFORNIA 92648 g:lfollowup/cashcont/returnbidbond . d oc (Telephone: 714-536-5227 ) IN 0 BEST, INCORPORATED P.U. BOX'&74 WESTMINSTER, CA 92684.0874 5e� fled 9;01 1 Vario4q po NeY, Open vv,fh R0�4'1'?r Mql id oa �e y / 2 'Z7 2000MAY-1 PM 1:26 y C ler K �� c�P7 0/�4��' dun /- t * tl�/-o li #each 1-ne SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 MSC - 452 Project Bid Schedule Rnrnfnnn Hn11vwnnr1 AiArckv ITEM RQ,XJl NO` QUANTITY UANTITY:` -,�;:ITEM,WITH✓UNIT:PRICES,W., RTENAN WORD IfE TOTAL REMOVE/DISPOSE OF PARKWAY TREES 57 AT -T 1 ZLA"'r, PER EA. 3-2, REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 2 29,864 INCL.) AT Ft vC PER SF zr J. PARKWAY EXCAVATION 3 27,280 AT 3:a2&eeC�Z" PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 56 AT PER EA. 160, CID REMOVE/REPLACE WATER METER BOXES 5 81 AT PER EA. :!E- REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 5,456 INCL.) a, ao AT PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 5,456 AT C, R LF ,-�j PER 12,860 REMOVE/DISPOSE OF P.C.C. DRIVEWAY *T 8 AT s�o b, / (ct,,, s PER SF 2 7,5' -7 20. REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 2,646 AT 77-h(t, er- ZA& ;i — PER SF 3, 7, 13 8, REMOVE/DISPOSE OF SPANDRAL 10 1,476 AT tAgEE— DO//~ S P E R SF CIO CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 5,456 202) Cti 11 AT :T PER LF 2-1. 11,-1 S-7&. CONSTRUCT P.(�.C. DRIVEWAY (per Standard Plan 209) 12 12,860 AT 15f , < &,O,S PER SF & 00 7-7, 1 (oC)� CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 29,864 AT a d,<- D, PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard Plan 109) cc tc. 14 AT PER TON Rod,— Z, 8go, CONSTRUCT WHEEL CHAIR GMF(per Standard Plan RSP 6 A88A) 15 AT PER EA. 476 1, CONSTRUCT SPANDRAL (per Standard Plan 205) Ile 16 AT 4e26 PER SF q, CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 2,646 AT /. Ez /-,w -5 PER SF 9, 60 FURNISHANSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Plan 718 18 AT -- 71&�v PER Lot. 1,/00, J 331, boo - PLACE NEW PARKWAY TOP SOIL AND RESEED ra 19 84 AT r PER EA. ! Z, 006. C-2s MSC - 452 Project Bid Schedule q R. rnfnrm HnI1111AInnt-11 &iwirow "ITEM, NO. -APPRoxi MATE ..,QUANTITY UNifit PRICES,ITTItWW' (ADS" I VO N1I , P T RICE 4 t' ..... ...... . WITH, .WRITTEN OTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 Standard Plan 714) C0 20 AT e,c a, PER EA. 42 eel /00. "?, too -COLD PLANE 21 AT _:Z-� 1.4, PER SF 0, S-6,8 FURNISH AND INSTALL PETROMAT 22 98,208 AT_;Cr_4k,��z� PER SF 01 ONE & ONE-HALF INCH OVERLAY 23 884 AT - S_e ;C-c ve PER TON .757 ADJUST WATER VALVES 24 11 AT?1�=n M?0,j��J C—_114�2 Ael_(A",� PER EA. Ci cv z ADJUST MANHOLES 2, 5 11 AT X-t-ve &Zk PER EA. 15J, P t 2-S- PREPARE PRE -CONSTRUCTION 6ORNER RECORD AND 11 FILE WITH APPROPRIATE AGENCIES AT Z),//,,,,,PER EA. -2 S" 26 PREPARE POST-CONSTRUCTfON CORNER RECORD AND 11 FILE WITH APPROPRIATE AGENCIES ocs 27 AT 4�Le Z_�,�_ , PER EA. __- /S-0,pa 1, 61 so total Amount_Bid in Figures: 1$ S 4Y.3, f Total Arn('Unt Bid in Words: I z::-,, /. -i /,A-. C-2s MSC - 452 Project Bid schedule Forest (Altp-mate) ITIEW-APPIR 14 M� E QUANTITY ITY,' 14 Nit" "'WO IT DS,,; EIVIVIT, ",ip UNIT ' _1 'T -,I ,,",PRICE REMOVEIDISPOSE OF PARKWAY TREES 1 11 AT PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) 2 AT PZ R SF -?50a - PARKWAY EXCAVATION 3 51300 AT Z PER SF REMOVE/REPLACE IRRIGATION SY8TEM IN PARKWAY 4 11 AT 00� PER EA. l04. /too. REMOVE/REPLACE WATER METER BOXES 5 9 AT X-1 PER EA. $74. REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,060 INCL.) CIO 6 AT PER LF I I's, 1100. REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 11060 AT','em C,, PER LF -Z,!�!Z co REMOVE/DISPOSE OF P.C.C. DRIVWAY 8 1,870 AT 7--:4, / za, - r,- S PER SF 2. REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 1,323 AT Z714 Z) PER SF 3. 3.c1CoCO- REMOVE/DISPOSE OF SPANDRAL 10 738 AT PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,060 202) nes co 11 AT PER LF CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 1870 , AT S t_K 7>4//,a_p_S PER SF CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 4,240 AT 77CV0_ �/&,v_ PER SF CC) CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 40 Standard Plan 109) 14 AT PER TON lCoo. CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 4 A88A) 15 AT R rLt� EA. �W PER -Z o 738 CONSTRUCT 5PANDRAL (per Standard Plan 205) 60 00 16 AT PER SF &64--g- CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 1,323 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 13 (per Standard Plan 718) co 18 AT ;1;/ PER Lot, lyao.— 2, e- PLACE NEW PARKWAY TOP SOIL AND RESEED C< 19-1— 13 AT A7 _= A4t4v1kr111 Z��PER EA. 5-00, LOT06. -_ C-2s MSC - 452 Project Bid schedule F:nnn_qf (A1fckrnn4ck1 ITEM: 0 ,A _P R QUANTITY -­lTEMyINITR K, i. kTTENIft� Of 10 OTA FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 20 13 Standard Plan 714) AT PER EA. CIG 21 5,660 COLD PLANE AT PER SF _0 Co PREPARE PRE -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES AT 6L,, �'ce K.�WaIgER EA. 12S, 22 PREPARE POST -CONSTRUCTION CORNER RECORD AND 23 2 FILE WITH APPROPRIATE AGENCIES AT aPER EA. a,,_4_ e-5�� P Cie, 300 (Total Amount Bid in Figures: I$ I S 1, z S-ei. I Total Amount Bid in Words: C-2s 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 131i> the amount of $ ' 0 N 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 C-2 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 7Jz-e n � Tes iA*1 %<k-Tv G-r-asc zCcry «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 Larry Afod l and , being first duly sworn, deposes and says that he or she is ere'g; Pa -t- of /V6'bP5-f- 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. 1/(9vv 14C1?rjq /j ve, Addres of Bidder G-o,�t oil Grove, C Subscribed and sworn to before me this ! day of A4-A , 20(' 9 . NOTARY PUBLIC KAYE.ANDERSON F- comm. #1579663 n NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY W Conn E)Vhw June 13.20D9 NOTARY SEAL c-a 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT 4 452 (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 I ®� 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? C] Yes LdNo 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: 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: —'I� �`� tjp-o',j A-L �Ib Title Date: �; — I'o 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: A/O je9-- Ific, Bidder Name 2eoO, /t eac,,-q ,�(/e Business Address rdpo Nome , Cg q 2 bagl City, State Zip (-7zq ) gq2 -S g_3 Telephone Number ,JS ge,2a2 Iq State Contractor's License No. and Class 4-7g Original Date Issued 2 - 3/ -N Expiration Date The work site was inspected by AVIke 1-6Wt S of our office on 14,Lr// 23 , 2009 The following are persons, firms, and corporations having a principal interest in this proposal: Robert Af0014qn61�"-- 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. AAObeSt Inc. Company Name i.a r r y //© y1ond Printed or Typed ignature Subscribed and sworn to before me this day of , 200 ^: KAYE,ANDERSON F- �s COMM. #1579663 0 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm. E*res Jura 13, 2009 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar ork within the past two years: See Q tl Cti>? 1. 2. 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: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH. Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 $ 1,035,000.00 $ 3,600,000.00 $ 441,000.00 $ 8279000.00 $ 142,000.00 BIDDER'S CER'TIFICA'TION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: ffobe9 f 7n C Contact Person: XAV Contact Phone: 114g ; - s 5 3 Signed: � . Date: l b� *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Vi4 U1, BID BOND 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 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 Reconstruction of Various Residential Streets 452 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) 17th day of April , 2008 Linda D. Coats Attorney-m-ract CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of orange On before me, Ray E. Anderson/Notary Public , (Here inset name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personWwhose name(4 is/ae" subscribed to the within instrument and acknowledged to me that he/sl 11l f executed the same in his/hgr`aOwif authorized capacity i�, and that by hishy�t4e� signatureXon the instrument the persons); or the entity upon behalf of which the persons fasted, 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. KAY E. ANDERSON H COMM. #1579663 and official seal. NOTARYPUBLIC -CALIFORNIA ORANGE COUNTY E, My Comm. E*i JuM 13, 2W9 d% of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titre or description of attach document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside ojCal forma. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal jar a notary in California (i.e. certifying the authorized copacity of the signer). Please check the document carefuAy for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/#wy, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the rotary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. D Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On APR 17 2008 before me, Christine M. Rapp, Notary Public , (Here insert name and title of the officer) personally appeared Linda D. Coats, Attorney in Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that•lte/she/*my executed the same in *her authorized capacity(ies), and that by4iAerAhei-p signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. �P4 SEpL OF ly�a CHRISTINE M. RAPP WITNESS my hand and official seal. ,� 4 Y i T COMM. # 1494518 � r r NOTARY PUBLIC-CALIFORNIA 4` ORANGE COUNTY N f cS111p My Comm. Expires DULY 9, 2008 (Notary Seal) Signature of No blic ADDITIONAL. OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v1210.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certtfying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tliwy, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document to bc, uscd' only a�ttth.th� bond'si`� 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC September 22, 2008 Sequel Contractors, Inc. 13546 Imperial Hwy. Santa Fe Springs, CA 90670 RE: MSC-452 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure CALIFORNIA 92648 g:/followup/cashcont/returnbidbond.doc ( Telephone: 714-536-5227 ) R F 01 17-1 v F n 2008 MAY - I PH 1: 56 C'rT H OU 'T GT 0 A C A Sequel Contractors, Inc. 13546 Imperial Highway Santa Fe Springs, CA 90670 CI i � c,`c H u p T t 7coo PEA 1,,,-J STRcCT otj �C-ACHt CA �i TTP-i c— I --� --f c t c �-A -I- 2']'8::AY- I K,i i;;aw CITY CLURK CITY OF HUNTINGTON IDEACH SEQUEL CO-NTRACTOPS, INC. SECTION C PROPOSAL, for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 SEQUEL =41TRACT®RISONC. . 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To 15'e considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SEQUEL CONTRACTORS, INC. -452 Project Bid Schedule • 178TIQUIviffl, -I =1;1_ A -"4 Oil w. a 7 11P 93""] IT _N R3 9, KW-Ug 1, 1 57 REMOVE/DISVOSE PF PARKIA (TREES - 6 �� W� q00 100 A 1 AT I 41(tt )ft�Ailoga PER EA. 29,864 REMOVE/DISPOSOF P.C.C. SIDEWALK (CURB RAMPS INCL.) AT Ivr!5 PER SF go✓l 2 - 27,280 PARKWAY EX9AVATf ON AT t kq PER SF AeW 00 3 -.5 56 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY j4 JOU1040,d �Abj[U:.5- YEA. 400'00 00' 00 4 AT PERA. 81 ATMOVE/REPLACF-�ATER(METER BOXES jt&r4� EA. 30 0 '!,9 II�00 5 Atij E�QLjhda PER 5,456 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) De 111,W5 60 00 6 AT PER LF 5,456 REMOVE OSE POALT CONCRETE (Gutter Slot) lam 5 /WLF ®6 7 A PER 12,860 REMOVE/DISPOZS DIVEWAY PER SF �o / mm�� 8 AT rA 2,646 REMOVE/ sr:_c1r: F= laSS GUTTER TING CROSS I--,- �W 19- 9 AT o PER SF 21- 010*10 1,476 REMOVLE� Atmo!!V�M% PER SF 10 AT (�900 5,456 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) /9 ®� AT PER LF xg, 11 r(Jl�/� r I ATNr . . . an a r P,.Ijan)12,860 s12�IJVL,� PER F 29,864 CONSTR�C.CDper Standard Plan 207) V-PER SF �IP6 A)i 13 T 0o 205 CONSTRUCT PHALT CONCRETE/GUTTF=R SLOT per S pPaXg PER TON h� 14 Atandard T 6 CONSTRUCT W �EEL CHAIR RA '�P (per Standard Plan RSP A15 AT ER EA. ,(�c:(/��V 1,476 CONSTR �TAND AALJVer Standard Plan 205) PER SF 60 16 TU 2,646 CONSTRUGI-eRcis UT R ( er Standard Plan 205) 7� PER SF 17 AT _ - FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Pl,pn 718) A611W, 0 0 k 00 18 AT_�-T�L.00 IjLthdo PER Lot. 84 � PLACE NEW .PARK fAY TOP SOIL AND RESEED AT A )ll EA. 19 CoPER ly &g� C-2s SEQUEL CONTRACTORS, INC. MSC - 452 Project Bid Schedule Rnrafnna Hn11vwnnrJ_ Aijrlrp-v ,JT "M W, M '01 'am, "M5 R 10 14T FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 Stan�fwd Plan 714) �00'00 '311 WO too 20 AT PER EA. 28,360 COL 1'D PER SF - 00 21 AT -1�0 98,208 LL PE FURNIS -)-ROMMAJ_� "11V ? 22 AT ' PER SF 0 1?v 884 ONE & ON,E-HA INCH OVERLAY AT La QJ&+- PER TON 23 11 ADJU31-y,rATER VAVVES- AT PER EA. � o %&� 24 11 ATJUSOL A14.0"le /,00/1��PER EA. &)625 PREPP E-CONSTRUCTION CORNER RECORD AND 11 ATE�ARE 11 PPROJATE� AQENCIF8­,26 VN021W "At�?PER EA. sod - 11 PREPARE POST -CONSTRUCTION CORNR RECORD AND WI/ l*,XPPROPPIATE AGE,IF,S NC 6v 27 ATEPER EA . Total Amount Bid in Figures Total Amount Bid in Words: 'k,04& A44�s C-2s i -k, j SEQUEL CONTRACTORS, INC. MSC - 452 Project Bid schedule Fnrp-qt (Altp-matpl g Ow A 11 REMOVE/DISPOSE QF PARKWAY TREES AT '6 IM �WAO A AW AJY-� PER EA. %0-00 C1 Do _ REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) PER SF 6) 'fg 0Q..? 2 AT 5,300 PARKWAY EXMVATION 60�'fl5i PER SF .�o -01) 3 AT '5.'-v& 11 WA REMOVE/FJEPLAC . IRRIG TION SYSTEM IN PARPERYEA. it 4 AT 9 REMOVEIREPACE IWAAER JE I R BOXES I Wes PER EA. 0 0 IZIJ 00 5 L) REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,060 INCL.) E/�-c �5�3DO, 0(- 6 AT 'Ad PER LF 1,060 REMOVE/DI POSE F A,PHALT CONCRETE (Gutter Slot) 7 AT ::�Z�o PER LF /%pe4 1?1 1,870 REMOVE/DISPO%F -C.C. DRIVEWAY ' OFPER SF Od % 8 AT e i 1,323 REMOVE/ POSE �F�XISTING CROSS GUTTER ' PER SF —.ZlAn2 - 9 AT Z P, 415 '4 738 REMOVWLSPOSEWF�PANDRAL AT PER SF 10 C2, CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 1,060 202) PER LF 1, tv 2-0( 11 AT 1,870 CONSTR CT P. RIVEWA Standard Ian 209) A ye/-5 P E R SF 2/A! 12 AT t24�,l Zo- I(,, 4,240 CONSTR9J,T . SJDEWALK (per Standard Plan 207) P.C.A'V//',3- 13 AT Arw PER SF 40 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per ( Standard an 10>14V�ffd AT Al �0606PER TON 14 194 If CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 4 A88A),� 4ASS" (07 15 AT 4Liko d//-A/"-e Z4,W EA. 146 738 CONS,TRUCT SPNDRAL (per Standard Plan 205) e� PER SF A 16 AT _�1144 115 1,323 � CONST`5�JCT CRPSS GUTTER (per Standard Plan 205r, , llv7le/� PER SF 3.6 17 AT :z?—o 13 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION ar S (per d d PI in 718) 0 0 �Vn �OrX4'"J. &�JdL&S PER Lot. 18 AT I 19 13 IPLACE NEW PARKWAY TOP SPIL AND RESEED AT \A'l KP � At i v, A u d 4 -b\ PER EA. 110 —100 C-2s L I SEQUEL CONTRACTORS, INC. MSC - 452 Project Bid schedule lznracf fAlfcirnnfal JTE FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 13 Standard Plan 714) �\6J" A Atm" EA. 0 15120D 20 AT —PER 5,660 COLD PLX� AT/�2// eelal-c' PER SF 21 PREPARE PRE -CONSTRUCTION CORNER RECORD AND 2 FILE)NTH APPROP IATP M �g4 IES EA. AT Wet 914�1 ee�l / -e-a PER J�, 0 - 06 22 PREPARE POST -CONSTRUCTION CORNER RECORD AND 2 FILE W TH APPR�f3ATE AGFNqI)ES AT 1, PER EA. A /Y< J 23 JTotal Amount Bid in Figures: J$ 0 ITotal Amount Bid in Words: I f\k.fi -"At(Q+A 6w- 1!,\,,v-,rA v) I ino % h A PA A 16 �� ()` ire MIS a C-2s SEQU E COS TRACTORS, 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. Bad' Accompanying this proposal of bid, find i Jd�'s n the amount of $ 110 `A 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 z C-2 db SEQUEL CONTRACTORS, INQ. 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 �lr\�Q' .77 Cu A , �utgm 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 db NONCOL LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Thomas S. Pack , being first duly sworn, deposes and says that he or she is or()~ of SEQUEL CONTRACTORS, =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. SEQUEL Name of Bid Thomas S. Pack .Presi '13546 IMPERIAL HWY, SANTA FF SPRINGS_ CALIF. 90670 Address of Bidder Subscribed and sworn to before me this day of , 20 _ . NOTARY PUBLIC NOTARY SEAL 0 C-4 UTILITY AGREEMENT 5 � � 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT 4.452 (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: SEQUEL CQNTRACTORS, INC. Contractor Thomas S. Pack Resider& Title I_ C-5 LA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •9s. �. vi. t]. a cam �. a a % 9a 'aa... a?. a. 'wi . !. � m?�...�.. a?�. � !.. �, vi. �. 9s �... �. .�1. • vi- vs State of California County of LOS ANGELES On MAY 0 1 20M Date before me, Nniel Sustamante, Notary Public Here Insert Name and Title of the Officer personally appeared Thomas S. Pack Pr®sidmt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person04 whose name(x) is/Am subscribed to the within instrument and acknowledged to me that he/sbe44ep executed the same in his/he#their authorized E -� capacity(ies), and that by his/beMheir signatureN) on the DANIEL BL ISTAMAN"i- N (a COMM. 4153?i33 y instrument the personX, or the entity upon behalf of NOTARY NGELES-COUNTY 4 which the persons acted, executed the instrument. LOS ANGELES COUNTY � My Comm. Exp Dec. 20.2008 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Place Notary Seal Above 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: Number of Pages: 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: RIGHT�THUMBPRINT ,h:4 SIG .. of thumb here Signer's Name: I Individual Corporate Officer—Title(s): Partner — ❑ Limited n General `1 Attorney in. Fact Trustee Guardian or Conservator Lj Other: Signer Is Representing: RIGH0 THUMBPRINT; OF,SIGNERc .p of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 -Chatsworth,CA 91313-2402 • www.Nationa]Notaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SEQUEL CONTRACTORS, ING, 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? & �.f;, ® Yes 3 /No If the answer is yes, explain the circumstances in the space provided. M\ Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 0 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: my 0 1 20 SEQUEL CONTRACTORS, INC. Thomas S. Pack PTsid®nt Title C-7 a 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 4216/421'7"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: W 0 1 M Date: SEQUEL CONTRACTORS, INC. Contractor B Thomas-S. Pack Ores Title 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: ,;FQUEL CONTRACTORS, INC. Bidder Name 3546 IMPERIAL HWY. Business Address SANTA, FE SPRINGS, CALIF. 9067 City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date I,� 9 The work site-wvas,,inspected by OR1aS S. Pack of our office on L 2 C0 , 200$ The following are persons, firms, and corporations having a principal interest in this proposal: Thomas S. Pack President Abel 1 1a =..-: s VIOL PRE&L"L-E & jEQR TARY MICHAEL A SECRETAW C-9 11 f• 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. - I n IMS J. rdcK t'F881 f 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: - Contract Amount Type of Work J Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24,.Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): } Will ensure that 10% of all new hires as a result j of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person Contact Phone: Signed: Date: SEQUEL CONTRACTORS, INC. Thomas S. Pack, president rN SAY - 0 1 2008 . Pack President *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 db 4 e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On MAY 01 before me, Daniel Sustamante, Notary Public Date Here Insert Name and Title of the Officer personally appeared Thomas S. Pack PrOSWeit Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,( whose name(x) is/A.�-, subscribed to the within instrument and acknowledged to me that he/she✓ 4ep executed the same in his/hef4heir authorized DANIEL BUSTAMANTE .; „F.� COMM.#Is371i3 capacity(ies), and that by his/4eir signature( on the ., :_, D �.Y� _ NOTARY PURLIGCALIFORNIA instrument the person*), or the entity upon behalf of ^ LOS ANCELES COUNTY to R, % N p My Comm. Exp Dec. 20. 200R which the ersonW 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 nd and official sea Signature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): _ Partner — ❑Limited ❑General =1 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT -THUMBPRINT Top . 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: RIGHTTHUMBPRINT, 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SEQUEL CONTRACTORS9 I ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) STATEMENT OF EXPERIENCE 1. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE II PROJECT AMOUNT: $17,500,000.00 COMPLETION DATE MARCH 2O01 2. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE I PROJECT AMOUNT: $19,941,735.00 COMPLETION DATE JUNE 1999 3. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: LNCOLN & STATE COLLEGE. INTERSECTION PROJECT AMOUNT: $1,757,836.00 COMPLETION DATE AUGUST 2005 4. OWNER: CITY OF EL SEGUNDO ADDRESS: 350 MAN STREET EL SEGUNDO, CA 90245 PHONE NO.: (310) 524-2361 CONTACT: MARYAM JONAS PROJECT: MAIN STREET & GRAND AVE IMPROVEMENTS PROJECT AMOUNT: $3,419,623.00 COMPLETION DATE MARCH 2O04 5. OWNER: CITY OF TUSTN ADDRESS: 300 CENTENNIAL WAY TUSTN, CA 92780 PHONE NO.: (714) 573-3030 CONTACT: DENNIS NE PROJECT: IRVNE & NEWPORT INTERSECTION PROJECT AMOUNT: $4,034,000.00 COMPLETION DATE APRIL 2006 C. 1802-7227 Office SEQUEL CONTRACTORS INCo ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office STATEMENT OF EXPERIENCE 6. OWNER: PORT OF LONG BEACH ADDRESS: 925 HARBOR PLAZA LONG BEACH, CA 90802 PHONE NO.: (562) 590-4172 CONTACT: GARY CARDAMONE PROJECT: PIER E BERTH D28-E27 NEW GATE PROJECT AMOUNT: $6,279,157.00 COMPLETION DATE APRIL 2006 7. OWNER: CITY OF LAGUNA BEACH ADDRESS: 505 FOREST AVE. LAGUNA BEACH, CA 92805 PHONE NO.: (949) 497-0345 CONTACT: FRED SHAHIDI PROJECT: VARIOUS DOWNTOWN STREET IMPROVEMENTS PROJECT AMOUNT: $791,357.15 COMPLETION DATE JANUARY 2006 8. OWNER: CITY OF FOUNTAIN VALLEY ADDRESS: 10200 SLATER AVE. FOUNTAIN VALLEY, CA 92708 PHONE NO.: (714) 593-4443 CONTACT: MARK LEWIS PROJECT: NEWHOPE STREET EXTENSION PROJECT AMOUNT: $2,874,643.25 COMPLETION DATE JANUARY 2003 9. OWNER: CITY OF SIGNAL HILL ADDRESS: 2175 CHERRY AVE.. SIGNAL HILL, CA 90806 PHONE NO.: (310) 329-0102 CONTACT: DERRY MACMAHON PROJECT: SPRING STREET WIDENING PROJECT AMOUNT: $3,674,380.00 COMPLETION DATE MAY 2004 10. OWNER: CITY OF DOWNEY ADDRESS: 11111 BROOKSHIRE AVE. DOWNEY, CA 90241 PHONE NO.: (562) 904-7118 CONTACT: NOE NEGRETE PROJECT LAKEWOOD BLVD. IMPROVEMENTS PHASE IA PROJECT AMOUNT: $6,274,630.00 COMPLETION DATE AUGUST 2006 ' SEQUEL CONTRACTORS, INC. ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 01'#ice STATEMENT OF EXPERIENCE 11. OWNER: CITY OF SEAL BEACH ADDRESS: 211 EIGHTH STREET SEAL BEACH, CA 90740 PHONE NO.: (714) 431-2527 CONTACT: RAYMOND VELASCO PROJECT: VARIOUS STREET IMPROVEMENTS PROJECT AMOUNT: $917,329.50 COMPLETION DATE AUGUST 2006 12. OWNER: CITY OF RANCHO CUCAMONG_a ADDRESS: 10500 CIVIC CENTER DRI% L. RANCH CUCAMONGA, CA 91 ?29 PHONE NO.: (909) 477-2740 CONTACT: WALTER STICKNEY PROJECT: VICTORIA GARDENS LANE PROJECT AMOUNT: S2,736,209.00 COMPLETION DATE AUGUST 2004 13. OWNER: CITY OF RANCHO CUCA_%!C,`NCl"_`. ADDRESS: 10500 CIVIC CENTER DRIZ'E RANCH CUCAMONGA, Cl-"' PHONE NO.: (909) 477-2740 CONTACT: WALTER STICKNEY PROJECT: FOOTHILL BLVD. WIDENING PROJECT AMOUNT: S1,388.377.00 COMPLETION DATE AUGUST 2004 14, OWNER: CITY OF HA_WTHORNE ADDRESS: 4455 W. 126'" STREET HAWTHORNE, CA 90256 PHONE NO.: (310) 970-7959 CONTACT: AKBAR FAROHKI PROJECT: ROSECRANS AVE NIDENING PROJECT AMOUNT: $1,582,536.50 COMPLETION DATE MARCH 2O03 Bond No. Bid Bond The American Institute of Architects, AU Document No. A310 (February, 1970 Edition) KNOW ALL AMEN BY THESE PRESENTS, that we Sequel Contractors, Inc. as Principal hereinafter called the Principal, and Vigilant Insurance Company a corporation duly organized under the laws of the state of New York as Surety, hereinaf%r called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ i oo/o ), 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. WIMREAS, the Principal has submitted a bid for Reconstruction of Various Streets #452 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 28th Witness Witness ORSC 21328 (5/97) day of April , 2008 uel Con s, Inc. ipal (Seal) / p resident Narnerritle Vigilant Insurance Company Surety (sew) By: Dough A. Rapp Attorney -in -Fact CALIFORNIAALL-PURPOSE : ,_ O t i State of California County of LOS ANGELS On APR 2 8 before me, Daniel Sustarnante, Notary Public Date Here Insert Name and Title of the Officer personally appeared Thnmas S. Pack PFISeKlent Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personoK whose name(x) is/W subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefAheir authorized DANIFL BUSTAMANTE coMM.#1537133 capacity(ies), and that by his/heir signatureN) on the ;_� NOTARY instrument the personX, or the entity upon behalf of PUBLIC-CALIFORNIA s ' LOS ANGELES COUNTY N /� which the arson acted, executed the instrument. P V°v \.:Y k4 My Comm Exp Dec 30. 2008 N I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and offici/al seal. Signature�GVZ 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(s) Signer's Name: C Individual Corporate Officer — Title(s): _ F-7 Partner — ❑ Limited ❑ General Attorney in Fact C' Trustee Guardian or Conservator C' Other: Signer is Representing: 9 RIGHT THILIMBP. RINF', �..__OF SIGNER; - . of thumb here- Signer's Name: Individual —1 Corporate Officer — Title(s): "7 Partner — C Limited ❑ General ❑ Attorney in Fact ❑ Trustee -] Guardian or Conservator D, Other: Signer Is Representing: IRIGHTTHUMBPR1 OF SIGNER -4 02007 National Notary Assocaton • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 • www NahonalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of Orange • before me, A.P. Coats, Notary Pablie (Here insert name and title of the officer) personally appeared _ DoWILas A. Rapp, Attorney in Fact , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/*Fe subscribed to the within instrument and acknowledged to me that he/ t executed the same in his/hen444-, authorized capacity(ies), and that by his/!ems signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. AIDiDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dwy- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document 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 New York 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 true and lawful Attomey-in-Fad 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 bail 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 I ran E. Robertson, Ace 1retclent On this 2 2 ndiay 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 sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with Frank E. Robertson, and knows hirn to be Vice Presulent of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney Is to the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and to deponents presence. Notarial Seal Karen A. Pdce %' ry PIab(ic Slate o; New Jersey No. 223i6A1 .1. C .�.� Notary Public of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ali pow ol-attomey for and on behalf of the Companymay 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, any Secretary, any Assistant Secretary and the sea] of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-'an-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, (ii) 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 Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iiii) the foregoing Power of Attorney is true, correct and in full force and effecL Given under my hand and seals of said Companies at Warren, NJ this 28th day of April, 2008 ayoiwvc� rm RAA6F � o � w T };o �OIANP �SCON�� 'yflu tt�" 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: surety@chubb.com Form 15-10-0225 (Ed. 499) CONSENT MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 22, 2008 PALP, Inc. dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 RE: MSC-452 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-452. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure CALIFORNIA 92648 g:/fo11owuplcashcont/returnbidbond. doc (Telephone: 714-536-5227 ) PALP, Inc. DBA Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 Ci+� �IeaY� Zoo Na,n St. ou"w �2cCh , CA 7 2000 MAY - I R-1 1. 55 SEALED BID ENCLOSED SEALED BID ENCLOSED SEALED - PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 452 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 60 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 MSC - 4.52 Project Bid Schedule Saratoga. Doll wood Audre N,*t>v ``r v ",e ..'T1M��lTll)t'VT IS RIB .! W1,, 57 REMOVE /DISPOSE OF PARKWAY TR S AT 5 1 & 0036 LP d36 (J -1 � o a 1 j EA. 1'S. _6 REMOVE/DISPOSE OF P.C.C. SIDE ALK (CURB RAMPS 29,864 INCL.),���a AT �' t as J 1 2 too PER SF !•�{n 27,280 PARKWAY EX AVATION AT Ql(�t �`�� �v , 00 �l6 3 C�9 PER SF . rSel18 56 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT ®® ()• �,� �20 ®o 4 PER EA. 81 REMOVE/REPLACE WATER METER XES 04, ' 00 5 AT PER EA. LJS0;60 3(_0 q§o REMOVE/DISPOSE OF CURB ANIJ GUTTER(CURB RAMPS 5,456 INC ) v® `Zl� pc� 0� C7 �d� � 6 AT PER LF .co ' 5,456 REMOVE/DlpcVOSE OF ASPHALT (Gutter CONCRETE Gutter Slot .�� Ca O JU S�C2 --� PER LF • 8 12,860 AT I�OSIE�OF P C.C. D�IVaEWAY PER SF 2.1a 3q 1 22 40 2,646 REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT 9.et(1 ���,0gp-43 2q 10t4.00 9 PER SF O .00 10 1,476 REMOVE/DISPOSE�j OF SPANDRAI, AT C. () V-C � g PER SF .�� 1c�, ��2 •m CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 5,456 202) AT Z e • oc `� �.� •o j 11 PER LF 12,860 CONSTRUCT P. .C. DRIV%VAY (per Standard Plan 209) AT S!*A &AM �O•ov c 12 PER SF 29,864 AON RUCT P.C.C. SIDEWALK (Standard Plan 207)T �a Ap® 13 PER SF �. 10, �(� CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 205 Standard PI n 109) ` CONSTRUCT WHEEL CHAIR RAMP er Standard Plan RSP 6 AT A) 0 �3bvsEA. 2 p ee� 15 i10 1,476 CONSTRUCT SPANDRAL (per S ndard Plan 5) AT L\ dam, ���• 16 oo PER SF .�O 2,646 CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT 9 `� Z 2(a 17 1,0 0 PER SF 15.40 ,m FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 79 (per Standard Plan 718) �� �• ®® 18 AT d�!%PER Lot.' 84 PLACE NEW MRKWAY TOP SOIL AND RESEED ATMaL����i PER EA. I1�G� c70 •o 19 C-2s MSC - 452 Project Bid Schedule qrnfnnn_ Hnllvwnnri Aiirlrpv 2z I IN, ",- F'evj"' _21 1, 09`1'01'111M­'� IM a. K'4§21 ON) 10 OR Ki FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 79 Standard Plan 714) eZ 20 AT-L-kPlb�-(,AJ\W$ER EA. 28,360 COLD PLANE 2.�a4:3 , 00 '0 21 AT PER SF 98,208 FURNISH AND INSTALL PETROMAT _12 22 AT 3A 1100 PER SF 0. 884 ONE & ONE-HALF INCH OVERLAY AT W,N % PER TO '34 ILI U qtB. 23 11 ADJWT WATER VALVES AT *&"x )(\Q d PER EA. '(0 0 4411(0 24 11 ADJUST MANHOLES AT V%NkG\g&X EA. SCOJ_." (4 6 tt; 25 PREPARE PRE -CONSTRUCTION CORNER RECORD AND 11 FILE WITH APPRqPRIATE AGENCI AT cku v50 26 PER EA. PREPARE POST -CONSTRUCTION CORNER RECORD AND 11 FILE WIT N APPROPRIATE AGENCIES 27 AT. W\k N)rd" X\ka'Jc LAOVE)EA. ITotal Amount Bid in Figures: ITotal Amount Bid in Words: 4 1 1�vvs -rl')f 0CP C-2s J MSC - 452 Project Bid schedule Fnroqf Wfarnnfal m 'Mrim 55" , nJ" P ffi JOT REMOVE/DISPOSE OF PARKWAY TREES 1 11 AT�3JURnm &\kOA PER EA. U-10.00 -1 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 4,240 INCL.) '"It 2 1 ale oc, 2 AT:��rJ &Jgtv, 0 0 PER SF 3 5,300 PARKWAY EXCAVATION AT C)nL do I la "A'00 PER SF 101 11 REMOVE/=CE IRRIGATION SYSTEM IN PARKWAY ATS 4 )5UftNAddVgKPER EA. 9A 9 REMOVE/REPLACE WATER METEROXES 5 AT EJXI:f )0"!kfd 640S PER EA. 00, REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 1,060 INCL) AT *--JRx)NQk—yw%JL &%yes 6 PER LF 1,060 REMOVE/DISPSE 0 ASPHALT CONCRETE (Gutter Slot) AT�MvQ\q 3.00I kgc) 7 4; PER LF 1,870 REMOVE/DISPOSE OF P.C.C.T IF EWAY ATk\-,VI_e, LftoCrN LC - -- (J 8 PER SF Zi, 1,323 CROSS GUTTER REMOVE/DI POSE OF EXISJ�(!� AT a \0.9 YL\Qjka�S PER 738 -SF -- REMOVE/DISPOSE OF SPANDRAL AT h(r*,C dmvfts PER SF W 10 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 11 1,060 202) AT:!6?90�-�wo 60\kav:� PER LF 0 29 1,870 CONSTRUCT F#.C.C. DRIVE per Standard Plan 209) AT Q Q— a® 12 f:A dp\*5 t> PER SF 4,240 CONATRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT 9— LJ."C> 13 cipliass PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per 00 40 Standard Pan AT 124� - <.( Do 0 14 AJOA (\dMd TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 4 A88,A) ATiV6 4+WYSAv%6J 410VVIiA. -00 00 0 15 738 CONSTRUCTYANDRAL (per Stand rid Plan 205) Cq 0'0 16 AT ,)C) PER SF A 1,323 CONSTRUCT CROSS GUTTERUPr Standard Plan 205) , AT (U &b\\wrN fvtbb 17 PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 13 (per Standard Plan 718) 0 10 18 AT O\ibk-\L%" PER Lot. 19 13 PLACE NEW -PARKWAY TOP SOIL AND RESEED AT OVS4, &U01 PER EA. odO oo 0oo, C-2s MSC ® 452 Project Bid schedule Fnract (AI$arnnfP_1 x3:,=, j Ito; R ..t FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per q 13 Standard PI n 714) S , 20 AT 0 hindUA`jl aPige PER EA. 5,660 COLD PLANE AT � b ®O •�� 1 Q m gp� v 21 PER SF PREPARE PRE -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES ®� 19C) r DO AT PER EA. 22 PREPARE POST -CONSTRUCTION CORNER RECORD AND 2 FILE WITH APPROPRIATE AGENCIES AT® UO JR EA. 23 - Total Amount Bid in Figures: Total Amount Bid in Words: s C-2s 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 s in the amount oVE"ET OF AM0#ffcW08 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 C-2 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 Name and Address of Subcontractor State License Class of Work I I Number PCZMM CA 41aeletZ (gas I ►'L1 N . rNai n %- �' 0VNA�O%M �s o d 3�t�c�Wq ms :JtCe&� ?WQdwa, LA COS STaLl 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 , bei�sffi orn, deposes and says that he or she is PRESIDENT of EXCEL RAlnmn enumippr the party making the foregoing bid that the bid is not made in the interest of, or" on t e 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 PUBLIC FW. O;••: EXCEL PAVINGC�},f+ Name of Bidder C.P. 13RiJWN I (IiT- PRESIDENT Signature of Bidder 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder day of APR 3 01008 20 C. PHILLIPS Commission, # 1492824 No,ory Public • Califomia Los Angeles County ky Comrw. Expires Mar 31, 2"ll NOTARY S�A�� 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 RECONSTRUCTION OF VARIOUS STREETS, MAINTENANCE SERVICE CONTRACT # 452 (1)(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: APR 3 0 2008 PAS INCABA Contractor` "� 4 � k4_� By 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 2'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: APR 3 0' 4.; 10 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: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: PALP, INC. OBA EXC L PMNG Bidder Name CoMpANy- LEMON AVENUE LONG BEACH, CA 90806, Business Address City, State Zip oa) gi��-SSA i Telephone Number STATE LIC, 688659 OAc State Contractor's License No. and Class 15 1 it 1 (Aq Original Date issued Expiration Date The work site was inspected by s�� I I AOL) gMA of our office on 1AIJA 1015 20—. The following are persons, firms, and corporations having a principal interest in this proposal: 40 KIAL AW, M, , � I— w,o,meLE 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. PAL P INUBA EXCEL. PAVING COMPA Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of APR 3 0 2008, 200_ C. PHILLIPS Commission. 01492824 Notary Public a CObimia Los 00916s County NOTARY PUBLIC ` Q 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: i . 3EE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. PALP INC.DBA Contractor: EXCEL P VIM6 COMPANY BROWN Contact Person: TMQP� 4AVA PRESIDENT Contact Phone: h562) 599.5841 Signed: �BROWN � PRFgfn Date: APR 3 6 2QQ8 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 EL PAVING COMPANY P.O. 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. 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. Flatt 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 ,r. ,r t JAROLYN/- B , 4cretary ttt, •. •s; `:;,yc� t>s^'�[lXi_tn�x•tr-..,-......e '..-='fitPIDJp ,.. '95A;SP?l:L:::'"i�G'Y'S :t.1'il:k: LLi ::::•13u Work Experience May 31, 2007 Excel Paving Co. ESTIMATED % WORK WORK JOB OPEN JOBS 2007 SALES COMPL. BACKLOG NO. .. .• ."-']✓ 3.,.,.. PROJECT NAME •.•.t:.YKaSS'Z=N.1Nf-M6-.CIY[YYY:+:fUIQ.:L%: .. ..,. [tl6i:ll"!!✓YYfSP.iUINEM1l2 :•YS'•.'f: t. .. «,SYace[-� AMOUNT .tLL[:i'.K'Y4i.YG[.ID�mltl[J6sLT3::CFfi:]&.t5��::':l.]ift.. :••:.:'fF•f-P•.'L",': .'�.: [: _:-::_,_ 3704 TAXIWAY D L.B. AIRPORT 3,720,722 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 773,000 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 377,031 100.0% 3947 TUSTIN AVE., ANAHEIM 4,329,999 99.9% 3,695 3959 SANTA MONICA BLVD., LOS ANGELES 49,757,848 98.6% 708,052 4042 TUDOR WEST/UCLA JOBS 2,569,769 100.0% 4062 SANTA MONICA/MWD 7,739,622 100.0% 4084 SAND CANYON IRVINE 715,506 100.0% 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% 4123 ANAHEIM ST LONG BEACH 3,246,290 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100.0% 4129 MT. SAC WALNUT 910,385 100.0% 4144 CASE AVE LA 392,701 100.0% 4157 YUPLACENTIA FULLERTON 137,338 100.0% 4164 KENNEDY HS ANAHEIM 1,037,000 99.8% 1,617 4165 EL TORO RD LK FOREST 11,116,162 99.9% 13,485 4176 SILVER LAKE LOS ANGELES 1,317,464 100.0% 4182 UCLA LOS ANGELES 38,066 100.0% 4182 UCLA CAMPUS LOS ANGELES 103,828 100.0% 4211 VARIOUS LOC LONG BEACH 306,515 99.9% 154 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100.0% 4232 VALENCIA MESA FULLERTON 629,000 43.2% 357,515 4233 VAN BUREN VLD. CO RIVERSIDE 2,430,000 97.6% 59,192 4237 S/W AREA LAX 4,876,048 100.0% 4240 LINCOLN BLVD. CALTRANS 10,700,000 69.5% 3,260,321 4240 CMB QTY/PLAYA VISTA 8,937 0.0% 8,937 4242 CHANDLER/LANKERSHIM LOS ANGELES 5,320,379 96.9% 165,345 4245 LINNIE CANAL LOS ANGELES 366,920 85.2% 54,371 4247 7TH/710 FRWY LONG BEACH 575,883 100.0% 4253 S.A. STADIUM SANTA ANA 397,289 100.0% 4257 MIRAMONTE ES LOS ANGELES 677,111 100.0% 4266 CENTINELA AVE. LOS ANGELES 2,699,065 99.5% 13,375 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 100.0% 4274 HARBOR BLVD LOS ANGELES 1,246,528 100.0% 4275 CLAY MS LOS ANGELES 620,819 100.0% 4281 HILLCREST ES LOS ANGELES 903,237 100.0% 4282 LOOP & PARK PL. IRVINE 1,112,969 100.0% Hi..yFY , 2006.2007 W. S31 2007 -A 0-27.2007 Work Experience May 31, 2007 Excel Paving Co. ESTIMATED % WORK WORK JOB OPEN JOBS 2007 SALES COMPL. BACKLOG NO. PROJECT NAME AMOUNT 4372 WALNUT ST. SIMI VALLEY 415,000 93.0% 28,946 4373 CENTURY PKG LOT E. LOS ANGELES 735,404 99.9% 876 4374 WOODRANCH PKWY SIMI VALLEY 1,980,019 98.4% 31,846 4377 PIER E PORT LB 5,282,800 76.7% 1,230,408 4380 POINT FERMIN PASCHEN 359,607 99.6% 1,259 4383 VERMONTAVE. KAISER FOUND 117,035 99.1% 1,082 4384 VERMONT AVE KAISER FOUND 182,820 100.0% 4385 VARIOUS STS INGLEWOOD 379,574 98.7% 4,943 4387 PALOS VERDES DR. PV EST 95,060 100.0% 4393 JEFFERSON BLVD. PLAYA VISTA 7,596,769 75.5% 1,862,515 4394 CLARA ST. CUDAHY 540,357 88.6% 61,493 4395 E. LOOP RD. IRVINE 341,000 100.0% 4401 NO. MCLAY ST SAN FERNANDO 4,247,600 46.9% 2,256,498 4404 UCI IRVINE 61,657 51.9% 29,688 4407 ORANGETHORPE BUENA PARK 1,038,513 96.2% 39,603 4408 HOLLYWOOD WAY BURBANK 20,235 100.0% 4412 TRUNK SEWER REHAB CARSON 16,824 100.0% 4413 VERMONT LOS ANGELES 264,330 46.8% 140,529 4414 TOPANGA/VICTORY LOS ANGELES 2,050,000 78.5% 440,774 4415 CASE AVE. LOS ANGELES 186,308 100.0% 4416 STIMSON AVE. LA PUENTE 396,582 100.0% 4417 PROSPECT TUSTIN 895,143 88.1% 106,575 4418 PCH WILMINGTIN 22,830 100.0% 4419 MICHELSON DR. IRVINE 426,000 92.7% 31,303 4420 VERMONT AVE. LOS ANGELES 870,000 15,5% 735,239 4421 LB TAXIWAY LONG BEACH 56,450 100.0% 4424 BNSF-TRACK 114 VERNON 1,108,470 99.7% 3,633 4425 FIRST ST-LOS ANGELES 212,758 0.0% 212,758 4426 BNSF-SHEILA AVE. COMMERCE 528,245 100.0% 4427 05-'06 ST. REHAB LAGUNA BCH 3,720,000 967% 123,736 4429 RANDALL ST. ORANGE CO. 725,913 37.1 % 456,375 4430 BNSF-ESPARANZA YORBA LINDA 368,000 68.4% 116,440 4431 HAVEN AVE, RANCHO CUCUMONG 155,595 91.2% 13,711 4433 TRADE MARK IRVINE 29,025 100.0% 4434 IMPERIAL HWY DOWNEY 2,175,910 21.9% 1,698,718 4435 NATIONAL BLVD. CAL TRANS 87,634 2.4% 85,514 4436 FULLER/GARNER WEST HOLLYWOOD 236,157 97.1% 6,901 HW,yFll,. 20052007 N,, 6.31-2007 A 8 27-2007 Excel Paving Co. Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SAES NO. PROJECT NAME AMOUNT 3876 PARTHENIA, LA 1,153,774 4067 DEL AMO BLVD LONG BEACH 393,459 4076 JESSE OWENS PK INGLEWOOD 562,447 4077 CHAPMAN/ST COLL FULLERTON 135,411 4112 BELMONT PIER LONG BEACH 479,513 4113 NO LONG BEACH LONG BEACH 1,673,247 4127 UNION STATION LOS ANGELES 429,149 4154 STS & ALLEYS W. HOLLYWOOD 205,131 4177 COLD CANYON LOS ANGELES 481,211 4179 PE BIKE TRAIL UPLAND 2,418,540 4183 CAHUENGA LOS ANGELES 33,205 4189 AVE OF STARS CENT CITY 465,184 4205 DREW MID SCH LOS ANGELES 1,097,527 4206 107TH ST ES LOS ANGELES 400,544 4207 93RD ST ES LOS ANGELES 348,165 4226 MONTANOSO DR. MISSION VIEJO 163,838 4236 THOMAS EDISON MS LAUSD 814,878 4241 BRACKETT ARFLD POMONA 373,977 4252 W. PICO BLVD. LOS ANGELES 518,766 4255 ROMOLAND CALTRANS 200,540 4260 WESTLAKE VILLAGE 958,888 4264 BELLA TERRA MALL HUNT. BCH 3,166,715 4268 RANCHO CUCAMONGA RANCHO CUCAMONG 234,424 4272 CHIQUITA BLDG PORTOF LB 6,922,874 4273 UCLA CAMPUS LOS ANGELES 71,597 4281 PALISADES HS 1,942 4285 MARLTON ES LOS ANGELES 278,427 4305 JEFF/CENTINELLA LOS ANGELES 1,486,623 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 4313 SSA PKG LOT CO ORANGE 189,508 4320 CERRITOS PARK GLENDALE 305,537 4323 6TH & PCH HUNTINGTON BCH 16,092 4350 SHEILA ST. BNSF 256,660 4352 PREY MAINT REDONDO BEACH 254,596 4358 EL MODENA ALLEY ORANGE 97,222 4360 BESS/LEORITA KAISER FOUND 300,107 4368 SCHOOLWOOD DR. LA HABRA 170,908 4369 SHERMAN OAKS CNTR KBR SRV 39,323 4378 E. SLAUSON AVE. MARMOL RADZINER 60,718 4381 E. 7TH ST. INTERSCAPE 16,995 4388 PICO BLVD LOS ANGELES 22,255 Hl-y Fnw 2006 2007I ru 5-31 2007 -A 8 27-2007 k:N.*..l—._-T .^�_'I--:.._is-.-,nS;;2G---!.-"-.a:..J__:F—�i,.Xa,,.:,< r.-.>..--_�'95t_L^...' "2--"T.L'.'—"-.`t-x•YYr�.�.Y'9ffi5`_'�w'1Yua J_._'C:.Y:YSfEi�'.11�:6 , Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 3716 710 FWY PCH TO 405 3990 OCEAN BLVD LONG BEACH 4004 GREEN VALLY CIRCLE CULVER CITY 4024 UCLA KINROSS 4045 5 FRWY, OR. CO 4057 PALO VERDE HSG 4061 PANKOW BLDRS 4064 WALGROVE E.S. 4083 HARBOR BLVD 4098 BLEND E.S 4102 DENA E.S. 4104 MOULTON PKWY 4106 PIER S BRTH S102-S110 4109 VARIOUS STS 4115 WASHINGTON BLVD 4117 VANUYS AIRPORT 4120 SOUTHGATE HS 4142 ROSECRANS 4143 CALLE MIRAMAR 4156 STERRY E.S. 4160 WARNER ES 4161 ST OVERLAY 4168 MARINA DEL REY 4169 CEN PK WEST 4174 SHERMAN OAKS CNTR 4175 GLEDHILL ES 4181 STATE ST ES 4185 WHITTIER/PRESBY 4186 GETTY TRUST 4191 HARVARD AVE. 4192 COMPTON/61 ST 4195 NEW JOB 4196 MWD/SEARL 4197 LYNOOD USD 4198 AGOURA BIKE 4209 PCH/CATALINA 4210 GLENDALE BLVD 4212 GLENDORA/HILL M.B. L.A. FULLERTON LA LA CO OF ORANGE LONG BEACH REDONDO BEACH CULVER CITY VAN NUYS LOS ANGELES LAWNDALE REDONDOBCH LA LA SIMI VLY LA LA RESEDA NO HILLS LAUSD WHITTIER LOS ANGELES IRVINE LOS ANGELES SAN CLEMENTE HEMET LYNWOOD AGOURA HILLS LONG BEACH LOS ANGELES LA PUENTE 21,510,942 1,196,229 1,173, 791 2,329,669 180,290 611,836 720,917 767,069 214,172 273,966 177,306 478,612 4,077,253 761,751 741,069 620,336 681,858 233,216 536,987 223,520 988,639 704,970 459,915 50,550 1,044,265 506,079 334,787 7,400 850 329,938 17,722 10,966 9,109,427 1,520,919 1,032,236 657,469 36,630 11,833 /belay Fbs 20062007 M 501-n07 A 8-27-2007 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES ND. PROJECT NAME AMOUNT 4297 VICTORY/TOPNGA LOS ANGELES 606,202 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 4300 PV LANDFILL LA SANI DIST 19,650 4301 MICHELSON IRVINE 201,698 4304 MEDIA STUDIOS BURBANK 18,700 4310 VAIUCLEVELAND MONTEBELLO 10,790 4311 PLAYA VISTA LOS ANGELES 16,854 4312 INDIANAIWASHINGTON BNSF 147,323 4315 190TH/GREENLANE REDONDO BEACH 2,000 4318 RON REAGON FRWY SYLMAR 16,304 4321 SO. EAST HS SOUTH GATE 12,000 4322 E. PCH WILMINGTON 14,216 4325 BLUFF CREEK PLAYA VISTA 50,310 4326 BNSF, IND & WASH COMMERCE 334,616 4327 UNION STATION LOS ANGELES 10,000 4331 OLIVE & LAKE BURBANK 12,876 4333 VINEYARD & SATURN LOS ANGELES 8,545 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 4338 BNSF, WASH & IND NERVON 37,840 4342 MOOG, WESTERN WAY TORRANCE 37,031 4345 3355 EMPIRE BURBANK 79,193 4351 LAX -SO VAULT LOS ANGELES 26,514 4355 HAWTHORNE BLVD TORRANCE 4,000 4356 LAAFB RMA LAND 3,858 4357 PICO BLVD. LOS ANGELEWS 20,400 4363 DUESLER LANE DUESLER ASSOC 36,000 4364 WASHINGTON BLVD. PICO RIVERA 23,265 4375 VAN NUYS BLVD. ARLETA 6,140 4376 OBSERVATORY RD. LOS ANGELES 13,151 4379 E. SOUTH ST. MARKET RECYCLE 1,885 4382 FIGUEROA/JEFF LOS ANGELES 5,995 4386 INDIANA/WASH BNSF 83,456 Hi,t,y Min 2006 2007 th,, 5-31-2007 A 6-27.2007 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSEBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECTNAME: Slauson Ave/ SR-90 Impvts. PROJECT DESCRIPTION: 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: ARCHITECT: KAT7, 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 RESPONSEBILITY 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 RESPONSIBLLITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENT_L_ Y_ UNDER CONSTRUCTION. PROJECT NAME: pier E. RarthS E24-326 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. - 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: Peter Forsythe TELEPHONE: 5621 244-9077 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBiLM STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: North Maclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Maclay Ave, from 1st Street to Eighth Street CONSTRUCTION VALUE: 3,682,624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: Cityof San Fernando GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: City of can Fornando CONTACT: Daniel Wall/ City Engineer TELEPHONE: 818) 898-1225 _____ Bond No. Bid Bohol ,;� •fit; The American Insfiute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL m EN By 'THESE PRESENT'S, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly otganizod under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($l (r), 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. WTEREAS, the Principal has submitted a bid for Reconstruction of Various Streets- (452) 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 fiill force and effect. Signed and sealed this 21st day of April , 2008 PALP Inc. dba Excel Paving Company Witness /Principal Va. 8 R MO ) By: PRESIDENT Nameffide Federal Insurance Company Surety (Seal) Witness By' o. 4 /1 -- Douglas . Rapp Aieorney-in-Fact ORSC 21328 (5/97) � i t State of California County of Orange On AP R 212008 before me, A.P. Goats, Notary Public (Here insert name and title of the officer) personally appeared DoWlas A. Rapp, Attorney in Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ism subscribed to the within instrument and acknowledged to me that he/skeAho�L executed the same in his/ker44e�-, authorized capacity(ies), and that by histihep4hek signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. m A.P. COATS SS and official seal. 1-- 1498145 f m IOTMYCOMA— K9X-U1F0RNIA OfI iGE rrm im W My Tsrm 5cp. JttlY � �� (Notary seat) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/gie);- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate-offrcer,-indicate-th�titte (Fe- CEO, CFO, Secretary). • Securely attach this document to the signed document 'Chub POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety OF 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 true and lawful Attorney -in -Fad 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 bail 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 /bran E. Robertson, lire dent on this 2 2 n&ay 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 swom, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows 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 Kan A. Price katar Public State of flew Jersey No. 223 i 6"47 �C1.:� .+L�-C Notary Public i... . ,.. :: t .... �.bERMFWATION of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Afi power�attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the 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, 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 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 seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, 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, (ii) 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 Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (8i) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 21 st day of April 2008 SV�C ptilltfflr Sv�rC a 3: O l0l" SC0Nr� yF Y0 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: surety Ochubb.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On MAY - 1 7floa before me, C. PHILLIPS NOTARY PUBLIC (Here asset name and tide of die officer) personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN, PRESIDENT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/& subscribed to the within instrument and acknowledged to me that he/tllfil executed the same in hislhffiftr authorized capacity(ies), and that by his/hOONOt signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. �r C. PHLLIPS Commission. 9 1492824 y t'd v Notary a d and official seal. � ` y ' U�iic - Catifomia ' Los Angeles County , f TT, j ee res M 31 2M ,- _� _— signs otery Pssbtic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Cl Corporate Officer (Title) ---- ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document lire only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her same as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the'coirect singular or plural forms by crossing off incorrect forms (i e helshe/they, is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document- . Indicate tide or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document