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HomeMy WebLinkAboutMONTES PACIFIC ENGINEERING - 2007-06-04REC ITT BY:�� (Na .�',Lj I (Date) I it CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 1 - _ TO: °°-`'S ri Freidenrich, City Treasurer FROM: C� �'�- ,S - aJAN RECEIVED, 2 6, 2000. DATE: �� �` � TREASURER'S DEPT 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 49 A//0 ' Council Approval Date) r-- (Company Name) Agenda Item No City Clerk Vault No (�41",I"10,7j- #27 g1followup/bondletter.doc RECEIVED BY: (Name) (Date) TO: ri Freidenrich, City Treasurer FROM: � l i DATE:��� 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. n / X/0Approved 49 Council Approval Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) U WA fps; M Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc 4 City of Huntington Beach INTER -DEPARTMENT COI1iIIV MUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Proje DATE: January 9, 2008 s,\ SUBJECT: Retention Release Payment Company Name: Montes Pacific gineering Address: 1953 Almano Street City; State and Zip Code: Oxnard, CA 93036 Phone Number: (805) 84 -5023 Business License Number:A 86926 Local Address: Same as above Notice of Completion Date: November 5, 2007 Contract Purpose: Release of remaining 10% money to contractor from the MSC-446 project 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. I certify that no stop notices are on file on the subject at this time. - 0-0E) Date Travis K. H I certify that there are no outstanding invoices on file. - f y - o f _ Date hari Fi ns, Public Works Director ich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. /a X ate oan L. Fl#n, City Clerk Reten. Release Memo 1/10/2008 1:56:00 PM U HN INSCO INSURANCE SERVICES, INC. Underwriting Manager for. p o p Developers Surety and indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 - Irvine, California 92614 - (949) 263-3300 NLkINTENANCE BOND BOND NO.: 727443P Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Montes Pacific Engineering , as Principal, I� , and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Sixty -Nine Thousand Nine Hundred Ninty-Five Dollars ($ by,aao.uu ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: Greenview Lane Maintenance Project MSC - 46 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 31st Montes Pacific Engineering day of October 2007 YEAR Principal Jose Antonio Montes, Proprietoi ID-1201 (CA) (One Year Term) (REV. 3/(11) Developers Surety and indemnity Company BY: ED AS„TO Blake A Pfister, Attorney -in -Fact WGRATH, Sty Attorney State of California County of Orange 10-31-7 On Date personally appeared , beforeme, Lianne Nahina, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Blake A. Pfister Name(s) of Signers) X personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by OF T9 LIANNE NAHINA his/her/their signature(s) on the instrument the person(s), y<y �s' E...� F� COMM. # 1605405 or the entity upon behalf of which the person(s) acted, NOTARY PUBLIC-CALIFORNIA Cn executed the instrument. ORANGE COUNTY pV CgUFpR My Comm. Expires SEPT 10, 2009 WITNESS my hand and official seal. 1 er__A l t< 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. •' • • I • PI Title or Type of Document: Document Date: Maintenance Bond 727443P October 31, 2007 Number of Pages: Signer(s) Other Than Named Above: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual El Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ORAPRI ❑ Other; Top of thumb here Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Ci Other: Signer Is Representing: RIGHT THUMBPRINT' CIPSIGNER .. .. of thumb here © 1995 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 #727443P Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Y Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By: ,o�q.............. l AND /�o , OMPANY David H. Rhodes, Executive Vice-PresidentGo�POR�A�ct�y - �G OPPOR rr i OCT. 3 < OCT. 5 i a = 10 c cox Lr1 1967 By: :0 9936 Walter A. Crowell, Secretary Ow N ,.•8a �</FORS STATE OF CALIFORNIA 1 �r COUNTY OF ORANGE J On December I, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared pavid H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 6� (SEAL) CERTIFICATE GINA► L. GARNER COM. # 1569561 NOTARY PUBUC CALIFORNIA ORANGE COUNTY 8Ay carom expires MAa 73, 2W9 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and f irthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in, force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 31 S t day of October 2007 By Albert Hillebrand, Assistant Secretary ID- 1380 (Rev. 12/05) PLEASE COMPLETE THIS INFORMATION t_ 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 TITLE OF DOCUMENT: Recorded in official Records, Orange County Tom Daly, Clerk -Recorder 2007000668805 04:00Pm 11105107 100 195 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.00 11 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 Montes Pacific Engineering who was the company thereon for doing the following work to -wit: GREENVIEW LANE MAINTENANCE PROJECT; MSC-446 That said work was completed October 29, 2007 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 October 29, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. k r' That. upon -said contract Developers Surety and Indemnity Company was surety for the bond given by the said company _ as required by law. ®` This document is sole) for the official business of the City of Huntington Beach as contemplated under Government Code' Y Y g � P Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this October 30, 2007. `Director of Public Works or City Engineer City of Huntington 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 October 30, 2007. Ytlector of Public Works`or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -0�.059-TITLE PAGE (R7/95) 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: C ,'� ti-� Jam/_ z.� Yzfe [ i,--? � / &, F -,�,� G 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 :5, / day of 4 _, 20 0 ,fat _ G x ,�„ �% , California. (Type Contractor Name) By:�- Name: [Type Name] Title: [Type Title] E 1 rF R A ORNEY 1) 3.-2yb-CP 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: (t F S. , , l_r „ 4c. ll 1 Project: �T- 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 n. v , 20 c Zat California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AS To CITY ATTORNEY -TLS 03- ab - mp 247542.1 CONTRACTOR'S CERTIFICATE h r-4 7--F? A I/ 6 Z-41 �-- i � S , state and certify that: (Name of Declarant) 1. An!2!e ;,Z- s r-24 C_ , C-) - rw- 6- the general contractor to the City of Huntington Beach ("City") on Contract No. F„, L _ I/ -I/ �' (the "Contract") for the construction of the public work of improvement entitled: e,,-- l lzw^ el- CP ry,� e- c, ' c �u 1f� �� F (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 aton this r 23c, (Signature of Declarant) APPROVED AS TO FORM By: Name: [Type Name] Title: [Type Title] 245914.1 `TI, DIE INSCO INSURANCE SERVICES, INC. 111C C: Underwriting Manager for: o �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 www.inscoDico.com CONSENT OF SURETY BOND NO. 727443P PRINCIPAL: Montes Pacific Engineering OBLIGEE: City of Huntington Beach PROJECT NAME: Greenview Lane Maintenance Project CONTRACT DATED: August 9, 2007 CONTRACT/PROJECT NO: MSC - 46 The Developers Surety and Indemnity Company , hereby (Name of Surety) consents to: release of retention funds Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond or contract. Signed and dated on October 31, 2007 Developers Surety and Indemnity Compan Surety Company By. Signature of Authorized resentative Make A Pfister, Attorney -in -fact Name and Title ID-1180 (Rev. 10/03) State of -California County of Orange On 10-31-7 before me, Lianne Nahina', Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Blake A. Pfister Name(s) of Signer(s) IN personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ���S A LI; NE NAHINA - or the entity upon behalf of which the person(s) acted, tun)COMM. # 1605405 executed the instrument. NOTARY PUBLIC-CALIFORNIA ; p ORANGE COUNTY N CgOFORN My Comm. Expires SEPT 10, zoos WITNESS my hand and official seal. 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: Consent on Bond 727443P Document Date: October 31, 2007 Number of Pages: Signer(s) Other Than Named Above: ----------------------------------------- Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator WREEM ❑ Other: Top of thumb here Signer Is Representing: ;Developers Surety and Indemnity Company Signer's Name: ------------------- ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator RMEM ❑ Other: ITop of thumb here Signer Is Representing © 1995-National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 #727443P Consent KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By 4A1®��''° David H. Rhodes, Executive Vice -President •°".......�8�°, c ErrLU ? ®0 e e Q. By: Walter A. Crowell, Secretary ;,`pry., �QYy��a`•` STATE OF CALIFORNIA �r COUNTY OF ORANGE AN y OCT. 5 1967 On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared pavid H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are s`ubsEribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument'the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 672, GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CflLIFQBPUA ®F1,91VGE CQUNTY `3 , My coonnt. expires 6Ne 13, 2DO9 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in. force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 31 'S t day of October 2 0 0 7 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) .Company Profile Company Profile Page 1 of 2 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Anent for Service of Process? Deference Information NAIC #: 12718 NAIC Group #: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co—Prof?p_EID=100170 12/10/2007 000AP RECEIVED BY f CITY CLERK RECEIPT COPY r-\ JAJ Return DUPLICATE to ! P ��i.� �[/� I. City Clerk's Office (NAmejf ' ,� { after signing/dating (Date) >� CITY OF HUNTINGTON BEACH LV INTERDEPARTMENTAL COMMUNICATION a TO Shari Freidenrich, City Treasurer FROM 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. �JYM&L/,- .6AJJ Re: Tract No CC No MSC No 444 Approved 144 //1 (Co cd Approval ate) (Company Name) Agenda Item No. City Clerk Vault No. #27 g /followup/bondletterAoc City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 23, 2007 Montes Pacific Engineering 1953 Almanor Street Oxnard, CA 93036 Attn: Jose Antonio Montes Re: Greenview Lane Maintenance Project — MSC-446 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 Economic Development Department at 536-5582. Sincerely, It 5!" oan L. Flynn 50 City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Cashier's Check for $6757.00 in lieu of Bid Bond Sister Cit S'!�OA"iiT' a1q,pcVWgjNWby8c New Zealand ( Telephone: 714-536-5227 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MoN s Ps,c-uFt c- r=-N6iN p;p1 t46 FOR 1�t1`t'T�N'�►NG� 446 TABLE OF CONTENTS Pale No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND to 0f4-r E<;;PP�IfIG P-164Nf5PW N 6 FOR 61zPPN l F-W L-A%Nr--: MCI N NP�I�t mil; THIS AGREEMENT ("Agreement") made and entered into this day of \ (Ull%E 206 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MoNTPl P^C-IFIC, PN&INPFFiNCFa California SOLP CWNPf— hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ---- 61��N� c�W--1--t�►N � "NTp—N^NGF— pRZ;QECT" — MS(,- _' 446 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall 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 PROJE�-Tjn a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agrcc/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ 61+ S1 d' ), as set forth inthe Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to �N�IN6 -r��1ii ( completion within ) coawc;44i e po„�,,�r,,,,- from the day the �I Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of NNp Dollars -($-1 �' ) per day for each and every Pa 2-F11F.-rY _ working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agrcc/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTIC__.__ --(': , • k14F"-nNIZ—' 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 la 5- zNL-MANOF - s112-PRT DXNN?-1Pr CP 36 sa NTr.NI� MoN s 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city consd4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 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. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/PresidentNice President AND By:01 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: Clerk A PROVED AS TO FORM: t - �- g 7 P-City Attorney �07 INITIATED AND APPROVED: WEA AND APPROVED: Director of Pu lic Works/?1niS City Admmist r agree/forms/city consd4-03 21 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: Tuesday, July 3, 2007 2:00 P.M., 2ND FLOOR City Clerk's Office ROBERT F BEARDSLEY, P.E., DIRECTOR DEPARTMENT OF PUBLIC WORKS GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE . ...... . at::.::=::::=::: _Qil#Rlit ! : ............ : :::...:.....: .. ::::::::.:.=:.:.:.:.:..:.:.:.::::::::::::::::: :::::::::::::::::::::::.:::::W{7t .................... _::::::::::::::..:...... :: .......... _ .:.::::: .....t i t0t::... 1 2500 Sawcut, Remove and Replace AC. s.f. @ $ / 'L Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp s.f @ P I— -e b Dollars $ -�Y '7 S $ P k^ +� J �l` �C► �— Carts Per s.f. 3 20 Remove and Replace Curb & Gutter 1.f. @ �� i � ty e Dollars $ o $ Cents Per l.h 4 2300 Remove and Replace Cross Gutter s.f @ P / a Dollars $ $yoo Cents Per s.f. 5 2 Install 18"xl8" Precast Catch Basin each @ t°7 Tr, �, y 'i r d"4 ldkars $ T 00 B $ �QQQ --c r3 Cents Per each 6 420 Install 8" HHD+PE Storm Drain l.f. @ fTQ1i ,. �.� Dollars $ $ z DT Cents Per IS 7 1 Connect into Existing Catch Basin each @ CD to 4-f icy S Iy Dollars $ 19940a $ ! D D O Cents Per each Total Amount Bid in Figures: $ T7 fir' 7- 0 Total Amount Bid in Words: --e alp' C-1s 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 0. 5,$ -. rh!,ja the amount of $ p / — 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 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 Number 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 /040 06 ,ZIa04 ! S , being first duly sworn, deposes and says that he or she is S d-,T—�ce- ��e k= of M n n & S �1 , 411 4 � ;the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidderhas 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. ttel ©✓ / r-c s F/IC/joc/e-" G , 174azue of Bidder - '7 Address of Bidder Subscribed and sworn to before me thisc) I day of NOTARY PUBLIC C-a JESUS T. ESPW Corr;r r Fission , Notary Public . I Ventura Co NOTARY SEAL 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC-U6, (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: C ?/(f) C-5 e0A,-7-E6' Contractor -a a 0 by Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAME 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 ✓134TO._ 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: L 2 C-7 Contractor 4 %� 3- By 4/ /2 C9c.J`-AdZ 1-25 Ae Title 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. 1/✓i p .ti"T'P S �,/�l,F11 L�.ar,,,f i.��' r' !�i ov E Contractor 4-1 1A S By Title Date: -`T/ 7 9% el Z 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: /y!Q it/ 7-E 5 G 1 c10E Bidder Name 4 - .53 ,4)11711 s� Business Address 04" o ,-- & C4 �r -� ©' � City, State Zip (eos) A, c/L/ — sc7Z3 Telephone Number 'TCC2. Gy State Contractor's License No. and Class Original Date The work site was inspected by of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. © At RAC J ,62 4 z- 4,t,- g<-i ,!I/ Company Name Printed or Subscribed and sworn to before me this lay of , 200 NOTARY PUBLIC 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: ��� C � y �) Contract Amount Type of Work— ate Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: �r . / ,, ,-, ��' ® 5,2 © 9 6Z a 42 C2 k a C%- �'11 fr�ty X to 4/n (- Contract Amount )ipe of Work Date Completed 3. (-> 4. �4 C S Ji,q S Name and Address of Public Agency Name and Telephone No. of Project Manager: V-3A C&O d 1/3/ -- S%6 , / 3 � ; amp � ,���Y p► -e .A , ,�-� 12 i Ste/ t) 6' Contracit jGount Type of Work Date Completed C-10 499156243920 499157 REV2 08/04 813518044 11'0 5408611' 1: L 2 20 3 7 L 7 0: 68000 58 34 3 20 5 3um If JA. Cz�� Ton�Montes Montt Pacif a Engtineering 1953 Almanor St. (iaard, CA 93036 uj N 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 , 20 APPROVED AS TO FORM By:" �5ta� s/��/a —ILJ 3• Zo•�CQ Name: [Type Name] Title: [Type Title] 1 (Signature of Declarant) 245914.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. _TUS o3_ab.o_�o 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: 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: r�t Name: [Type Name] c�;RA, Title: [Type Title] E > IF R �- n � ORNEX JL) 3 -,�6'up 1 245911.1 1� INSCO INSURANCE SERVICES, INC. �Pi Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 PERFORMANCE BOND — PUBLIC WORT( Bond No. 727443P $ 2,534 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, Monies Pacific Engineering As Principal, and Developers Surety and Indemnity Company , a corporation duly authorized under the laws of the State of Iowa to become surety on bonds and undertakings, as Surety, are held and firmly bound unto li City of Huntington Beach As Obligee in the full and just sum of Sixty -Seven Thousand Five Hundred Seventy Dollars, ($ 67,570.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated 2007 , with the Obligee to do and perform the following work, to -wit: YEAR AZ_(2wh pVED A T(L�L,.oK� Greenview Lane Maintenance Project -MSC - 46 JE"61BATH, City A rney 4q 16� as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 18th day of July Monies Pacific Engineering Principal Jose Antonio Montes, Proprietor ID-1219 (CA) (REV. 2101) Developers Surety and Indemnity Company 2007 YEAR B/ Y Blake A Pfister, Attorney -in -Fact CALIFORNIA ACKNOWLEDGMENT Stateof California County of Orange On 7-18-7 before me, Lianne Nahina, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Blake A. Pfister Name(s) of Signer(s) X personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument yn�, and acknowledged to me that he/she/they executed the S OFTy� UAN "E 'N same in his/her/their authorized capacity(ies), and that by COMM # 1605405 `i g () p ( ) NOTARYPUBUC.CAUFORNIA �� his/her/their signatures) on the instrument the erson s , -r ORANGECouN 0 2oos� Ce � ,.,,nor the entity upon behalf of which the person(s) acted, Mycomm.F,(V executed the instrument. H WITNESS my hand and official seal. 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. iA IT T 0-j c # 1 Title or Type of Document: Performance Bond 727443P July ,18, 2007 Document Dater Number of Pages: Signer(s) Other Than Named Above:----------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other; I Top of thumb here Signer Is Representing: ,Developers ,.Surety and '.Indemn `ty'Company Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator 019111 ❑ Other; I Top of thumb here Signer Is Representing V 199b National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 Attached to 727443P KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. By: ••... AND .............%,N Y ,0•`�.1 / j,% M PEA David H. Rhodes, Executive Vice -President .°Q��,.• ' �OF GO RP04 °°�RPot�T�.� s�- �� 200 3 OCT. : < Z OCT. 5 5 a '- 10 a cj : W 1967 By 3p 1936 .0. 0 0 •'�. 2 q Walter A. Crowell, Secretary %`�7'•.•, /pwp•,,.••'aa•`° Z/FORS d� STATE OF CALIFORNIA COUNTY OF ORANGE On December I, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) CERTIFICATE GINA L. GARNER COMM # 1569561 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My Comm. expires ftlla 13, 2W9 'The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 18th day of July 2007 Lei By Albert Hillebrand, Assistant Secretary ID- 1380 (Rev. 12/05) 4aRR INSCO INSURANCE SERVICES, INC. ifc Underwriting Manager for: �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 - Irvine, California 92614 - (949) 263-3300 PAYMENT BOND — PUBLIC I/iIIORK Bond No. 727443P Premium included in Performance bond KNOW ALL MEN BY THESE PRESENTS, That Montes Pacific Engineering as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee in the sum of Sixty -Seven Thousand Five Hundred Seventy -- -- -- Dollars ($ 67,570.00 ) for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated 2007 , with the obligee to do the following work, to wit: TO FU Greenview Lane Maintenance Project - MSC - 46 MEF;M c Attomey��j �o� Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, and attorney's fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 18th day of July 12007 YEAR Montes Pacific Engineering Principal z� ` eu Z' - Jose Antonio Montes, Proprietor I0-1210 (CA) (REV. 1/01) Developers Surety and Indemnity Company Surety By Blake A Pfister, Attomey-in-Fact State of -California County of Orange On 7-18-7- before me, Lianne Nahina, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Blake A. Pfister Name(s) of Signer(s) l; personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), LIANNE NAF' VA or the entity upon behalf of which the person(s) acted, CV COMM. # 1605405 7 executed the instrument. (p t i a NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY WITNESS m hand and official seal. °quF' My Comm. Expires SEPT 10, 2009 y Signature of Notary Public OPTIONAL AL 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: Payment Bond 727443P Document Date: July. 18., : 2007 Number of Pages: Signer(s) Other Than Named Above: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Capacity(les) Claimed by Signer(s) Signer's Name: Blake A. Pfister ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 1K Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing ."Deve.lopers Surety and Indemnity Company Signer's Name: ------------------- ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other; I Top of thumb here Signer Is Representing: 9 1a21b National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 Attached to 727443P KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. By. •,•,,puuoingq•I, c J���v.POD..!*S- 'c David H. Rhodes, Executive Vice -President e� .••`o OCT �T� 3c.'s, 10 ec, By: 1936 ,=3; Walter A. Crowell, Secretary 's;`7 •' •./pyy p ,.•'•A d STATE OF CALIFORNIA COUNTY OF ORANGE OCT. 5 1967 On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) CERTIFICATE GINA L. GARNER COMM. # 1569561 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comet, expires May 13, 2W9 'The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that.the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 18th day of July 2007 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) RECEIVED BY: (Name) (Date) 611 we 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: SUBJECT: Bond Acceptance I have received the bonds for (Company Na e) Faithful Performance Bond No. r�� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 6,4J �a 7LV X 3 Re: Tract No. CC No. MSC No. Approved (Co ci Approval Date) Agenda Item No. City Clerk Vault No. A �� f A #27 g1followup/bondtetter doc V r9 ar:T.7TCT� a THE POLPCIES OF INSURANCE USTE@ BELOW HAVE BEEN ISSUED TO THE IN"ED NAMED ABOVE FOR THE POLICY PERIOD SATED. NOTWITFE,STANO ANY RANT. TERM OR GANQ("ON OF ANY CONTRACT OR OTHER DOCUMENT wrrm RESPECT TO WWm TW CERT ATE MAY BE L kIM OR WY PERTAIN, THE MISURAINCE AFFORD BY THE POUMS OESORWO HEREIN IS SUBJECT TO ALL THE TERINS EXCLUSIONS AND COWTK*4 OF SUCH POLICIES -AGGREGATE LM'TSSHOW NUAYHAVE6EEN REOUCEDBYPAIDCLAYuL4. Lrn o EFfEnVE POL"N� TE AIDUM DA LAM GUNER&L UABXITY SACH 0 A RENCE 1 2.000.000 � c� r �50,000I COMMERdAL G� 1NER+lt LTAsiILiTY CLAIMSMAOE OCCUR MMEXP*vQ>cc+ &—_4 POWNALIADvOuRY_ A X 04-00002174 08/24/06 08/24/07 GaOkAL AGGREG,AM I WIL AGQKIGATE. iIW AFP X5 PER; j`� P06 we P =S - CCMRIOP RGG S 1,000,000 . a AUT0MWLEUA&LTr' AWAWO ALLOWNEC AUMS IEDAE9 AVTC$ k0tWALiT�1S NON .-OWNMAUTOS - CV0385471 108/24/06 08/24/07 {c,Q4n L I:1MiT 2. 'Per _ S 2 , 000 , aao E 1, 000 , 000 �,©f7a,0ao 1 PRCPRTY DAMAZE,1,000,000 . GARAGE LIAOLMY r Rifi(}Gf;LY-EA A.GC 2li € I QTt F[ ?fAAY. EAACC AUTOO Y; Aisv f 5. ANYAUTO I i j 5 EA,^ Uk8REL,A UADUTY gACH CCvj9zfcitYE # I CCCUR CIAMSI IFER C_ 'I ii City o ey �01 AGuREGRTE S _J I S. � ._ .. I S _ RE'P�ta'TiCai i- WCAKERSWMP94ArONANG EWLOYl5qs LVOUTY AW PR0ai?IUr^?AR-R€ 'EX9,W7F OE eWIMMOS t l.P0=4Sb0kw TORY Ts Eez EL EACH ACCH)EW EL. WSEA5E EA EWLQYEEj F ElDIWEASE -POMYLWT S OTHER cFCPM&TXMILCCAI L51VEHICLEStEif+LLt BY ORSEMENTr kPRDY1+SO4 The City & Redevleogmert Agency of Huntington Beach, its agents officers and employees are named as additional insureds. ¢r . k. % r, City of Huntington Beach 2060 I4a5.n St. Huntington Beach, CA 92648 SHCULD ANY CF THE AWYE UE RWD PQf O BE C&'4=IZD WORE Tf > X WT M' ELATE THEREOF. TK f`&jtNt'Nr INW` RER ;Y14.E,.. WK Q DAY$W-WIEF NorcE TO THE COMFCa ATE HaDFA NAMED To TW LUt. GVT FWLURE TO 00 90 &i LL IMPOSE NO CiR"TM CR L1 aUTY OF ANY ME) Lffw N T44E 1?4&JRER TFS AGENTS OR REPRESENTATt PA ACORD261200M) / J 1aCe1ROCORPORATWtJ1988 Commercial General Liability Issue Date: 07/20/2007 Policy #: 04-00002174 Named Insured: Montes Pacific Engineering Effective Date: 08/24/06 — 08/24/07 CG 20 10 1185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) The insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown above shall be primary insurance, but only as respects to any claims, loss, or liability arising out of the operations of the named insured or from occupancy, maintenance or use of the premises by the named insured and any insurance maintained by the additional insured shall be non- contributory. CG20101185 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-25-2007 GROUP: POLICY NUMBER: 1858624-2007 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 08-25-2007 02-06-2007/08-25-2007 CITY OF HUNTINGBEACH SL ATTN: ROBERT F. BEARDSLEY P.E. 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. APPR F,D AS TO FORM JE R WGRATH, City Attorney EMPLOYER MONTES, JOSE ANTONIO AND MONTES, VERONICA DBA: MONTES PACIFIC ENGINEERING 1953 ALMANOR ST OXNARD CA 93036 [RC3,SL] IREV.2-051 PRINTED : 07-25-2007 SL Council/Agency Meeting Held: aG�o Defee continued to: A� pprove ❑ Conditionally Approved ❑ Denied �, City Clerk's Signatu Council Meeting Date: 8/6/2007 Department ID Number: PW 07-45 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AN CITY COUNCIL MEMBERS SUBMITTED BY: P NELO 6ULBRETH-GFkAFT, DPA, CITY ADMINISTRATOR 47- PREPARED BY: TRAVIS K. HOPKINS, PE, ACTING DIRECTOR F PUBLIC O ENGINEERING SUBJECT: Award Construction Contract for the Greenview Lane Maintenance Project, MSC 446 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On June 28, 2007, bids were opened for the Greenview Lane Maintenance Project, MSC 446. Staff requests that the City Council award the contract to Montes Pacific Engineering, the lowest responsive and responsible bidder. Funding Source: Funds are available from the General Fund, Concrete Maintenance Account 10085410.64620. The engineer's estimate for this project is $75,000. Recommended Action: Motion to: 1. Approve the plans and specifications for Greenview Lane Maintenance Project, MSC 446; 2. Accept the lowest responsive and responsible bid submitted by Montes Pacific Engineering in the amount of $67,570; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/6/2007 DEPARTMENT ID NUMBER: PW 07-45 Analysis: This project will replace two existing concrete cross gutters that inadequately convey runoff due to ground settlement. Minor storm drainage will also be installed to collect and convey nuisance waters. Bids were opened publicly on June 28, 2007, and are listed in ascending order: Bidding Contractor Bid Amount Montes Pacific Engineering $67,570.00 Golden State Construction $74,474.00 Eagle Asphalt Construction $89,381.50 Excel Paving $109,555.00 Bonsall Construction $114,041.25 ACR Concrete $184,250.00 Staff recommends award of the construction contract to Montes Pacific Engineering, in the amount of $67,570. The total estimated project cost is $80,000 which includes the construction contract, project management, and supplementals. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on May 16, 2007 with a vote of 6-0-1 (Harlow absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): -2- 7/18/2007 1:39 PM ATTACHMENT #1 LE GREENVIEW LANE MAINTENANCE PROJECT, MSC-446 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Greenview Lane Maintenance Project, MSC 446 COUNCIL MEETING DATE: August 6, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A plicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) tached 1771 Ntot Applicable Staff Report (If applicable) Attached ❑ Not Ap licable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: T. Broussard:jg SECTION A � I—XeA NOTICE INVITING SEALED BIDS for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 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 Tuesday, July 3, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. 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 A-1 the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The project consists primarily of removal and replacement of 2 concrete cross gutters, construction of 4 curb ramps, and minor storm drainage. The project schedule is 30 working days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June, 2007. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 J J OB CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 6, 2007 Project/C.C. No.: MSC-446 Regarding: GREENVIEW LANE MAINTENANCE PROJECT ❑ 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 # Co ies. s . P.a es Description: 1 1 2 Notice Inviting Sealed Bids for 2 Greenview Lane Maintenance Project, MSC 446 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: Please find attached the Notice Inviting Sealed Bids for advertisement on 6/14/07, 6/21/07 & 6/28/07. Bid opening is scheduled for 7/3/07 @ 2:00 pm. Please contact me at 536-5247 with any questions you may have. c: file By:— I Qr J-� Todd Broussard, Principal Civi En neer G:\ENGINEERING DIVISION\BROUSSARD\STREETS\MISC\GREENv[Ew LANE\NISB TRANSMrrAL TO CLERK MSC446.DOC Greenview Lane Maintenance Project, MSC 446 Contact: Todd Broussard Phone: (714) 536-5247 Email: tbroussard@surfcity-hb.org Organization/Division ACR Concrete All American Asphalt Bonsall Construction Concrete Specialists Incorporated EAGLE ASPHALT CONSTRUCTION INC Excel Paving Savala Construction Company Inc. 4trTzez, 4cl ri , Fo(q Bi-'d-''" Bid due date: 7/3/2007 Addenda: Cost of Plans: $45.00 99)2-- .' E)( G' -S D�'ISV Qs I Rank 2007 JUL -3 PH 2: 0 1 FY ti U Ni T I Nd �j T ON'% E� ACTH 99 :1 Wd C- Inr LODZ Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. _- - - --- �� m '"signs of the California COUNTY OF ORANGE ) SECTION A 1Government Code, rac- NOTICEINVITINGSEAIED corn 4590. e shall be beneficial BIDS for the owner of the surety and am the Citizen of the United States and a I'shall receive any inter- GREENVIEWtANE est thereon. resident of the County aforesaid; I am over MAINTENANCETROJECT herebytnat f- AG NCly fhe MSC-4abinthe enter the age of eighteen years and not a party minority business - CITY OF HUNTING70N prises ..will be afforded to or interested in the below entitled matter. BEACH 1 ,fun opportunity to sub- principal am a clerk of the HUNTINGTON -mit bids in response to PUBLIC NOTICE. ISI'this notice and will not HEREBY GIVEN! hat the) be discriminated against BEACH INDEPENDENT, a newspaper of i CITY' OF - HUNTINGTON-; ''on the basis of race, BEACH, as AGENCY, in- 'color, national origin, general circulation printed and published in vices Sealed aids for the gi y, sex, or reli-' ,above stated projects)` ion ion .in annconsider- the City of Huntington Beach County of and will receive such ration leading to the bids in the office of the; ;award of contract. Orange State of California and the city clerk,- Second 'er bid shall t is'pre- Floor, 2000 Main Street, ereif unless it is pre - attached Notice is a true and complete copy Huntington Beach, Cali-� pared•.on the approved. fornia 92648, up to the Proposal forms in con - as was printed and published on the hour of. 2:00 P.M. one 'formance with the , Tuesday, July 3, 2007.1 Instructions to Bidders. folloWing date($). Bids will be publicly] :The bid"must'be-accom- open in the Council) ;panied by a certified Chambers unless other-' check, cashier's check, wise posted. - or bidder's bond made Copies of the Plans,1 ipayable to the AGENCY Specifications, and con- for' an amount no less tract documents are! than 10% of the amount available from the Office bid. The successful bid - of the Director of Public' der shall be licensed ,in Works, 2000 Maine accordance with provi- Street, Huntin'gtonl Mons of the Business Beach,. CA 92648, upon, and Professions Code JUNE 1 4, 21 , 2 8, 2 0 0 7 payment of a $45.00' 'and shall possess a nonrefundable fee if'. State Contractor's Li - picked up, or payment, ;tense Class at the time of a $55.00 nonrefun-' 'of -the bid opening. The dable fee if mailed via successful Contractor U.S. Postal Service, and his 'subcontractors FedEx, UPS or any otherl will be required to pos- delivery service. sess business licenses Any contract entered in-1 from the AGENCY. to pursuant to this no-1 The project consists pri- '.removal tice will incorporate the marily ofand provisions of. the State I replacement of '2 con - Labor Code. Pursuant to; crete cross gutters, con-, declare, under penalty of perjury, that the the provisions of the, 'struction, of 4 curb. Labor Code of the State' ramps, and minor storm foregoing is true and correct. of California, ..the mini- drainage. mum prevailing rate of The project schedule is • per them wages for each 30 wor�Cing.,days. craft, classification or The .AGENCY reserves type of workman needed the right to, reject any' to execute the., contract i reg bi waive any Executed on JUNE 2 8 2 0 0 7 irregularity a `shall be 'tNO'`se deter- irregularity and to take mined byrthe'birector of all bids under advise - at Huntington Beach, California Industrial. Relations of merit for a maximum' 60 the State of- California, period of days. which are on file at the BY ORDER of the CITY! Office of Director of COUNCIL of the CITY OF i .the Public Works, 2000 Main HUNTINGTON BEACH;' Street, Huntington CALIFORNIA, the 4th day ofJune,12ab7. Beach, CA 92648. The AGENCY will deduct Attest: " � a 10% retention from all /s/ Joan L. Flynn. i progress payments. The CITY CLERK OF 'THE Signature Contractor may substi- CITY OF HUNTINGTON tute- an escrow holder' BEACH' , ! surety.of. equal value to Published Huntington the retention in actor-. Beach Independent June 14, 21,28,,2007 Ldance__ with the _proyi-_ Huntington Beach hidependent 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. PROOF OF PUBLICATION STATE OF CALIFORNIA) _) SS. COUNTY OF ORANGE ) am the 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): JUNE 14,21,28,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JUNE 28, 2007 at Huntington Beach, California Signature SECTION A NOTICE INVITING SEALED I BIDS for the GREENVIEW LANE , MAINTENANCE PROJECT.. MSC-446 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE 1S HEREBY GIVEN that• the CITY OF HUNTINGTON BEACH, as AGENCY, in-', vites 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, Cali fornia 92648, up to the" hour of 2:00 P.M. on, Tuesday, July 3, 2007i Bids will .be publicly,' open in',the Council,) Chambers unless other- wise posted. Copies of the Plans,', Specifications, and'con tract documents are available from the Office' of the Director of Public' Works, 2000' Main; Street, Huntington', Beach, CA 9264� yon, payment of a $45.00'' nonrefundable fee' if picked up, of payment ) df a $55.00 nonrefun- dable fee if mailedvia', U.S:," Postal Service � FedEx,`UPS or any other,, delivery service. Any, contract entered in to' pursuant to this no- tice will incorporate the provisions of the State; Labor Code. Pursuant to; the provisions of the Labor Code. of the State of California,, the mini;: mum prevailing rate of, per diem wages for each! craft, classification or,, type of workman needed to execute the contract shall be those deter- mined by. the Director ofi Industrial Relations of the State of California;; which are on file at the, Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY' will deduct a 10% retention from all progress payments. The Contractor may substi- tute an escrow holder, surety of equal value to,. the retention in accor _dance with the _provi-1 sions W-the-California Government Code, Sec- tion 4590, The Contrac- tor shall be beneficial owner of the 'surety and shall receive any inter- estthereon. The AGENCY hereby af- firmatively ensures that minority business enter- prises will be afforded full opportunity to sub- mit bids in response to this notice and will not be discriminated 'against on the basis of race, color, national origin, ancestry, sex, or reli- gion inany consider- ation ;;leading to the award of contract. Nd bid, shall be consid- ered unless it is pre- pared on the approved Proposal .forms' in con- formance with. -the Instructions to Bidders. The bid must be accom- panied 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 bid- der shall be licensed in accordance with provi- sions of the Business and Professions Code and "shall possess a State Contractor's Li- cense Class at the time of the bid opening. The successful. Contractor and his subcontractors will be required to. pos- sess business licenses from the AGENCY. The project consists pri- marily -of removal and replacement of 2 con- crete cross gutters, con- struction of 4 cbrb ramps, and minor storm drainage. The project vschedule is 30 working days. The . AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a, maximum period of 60 days. BY' ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th.day of June; 2007. Attest: /s/ Joan L. Flynn CITY .CLERK OF THE CITY . OF HUNTINGTON BEACH Published "Huntington Beach Independent. June 14, 21, 28, 2007 Council/Agency Meeting Held: 4� V 6 7 Deferred/Continued to: p roved ❑ Denied `.Approved ❑ C ditio ally Ae_C ity er 's Si ature T Council Meeting Date: June 4, 2007 Department ID Number: PW 07-32 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CI Y COUNCIL MEMBERS SUBMITTED BY: PENS OPE LBRETH-G AF , DP IT MINIST T R' PREPARED BY: OBERT F. BEARDSLEY, PE, DIRECTOR OF P BLIC WORK�'i' SUBJECT: Authorize Bid for the Greenview Lane Maintenance Project, MSC 446 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Public Works staff has prepared Construction Documents and Specifications for the Greenview Lane Maintenance Project, MSC 446 and requests authorization to bid. Funding Source: Funds are available from the General Fund Maintenance Account 10085410.64620. The engineer's estimate for this project is $75,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Greenview Lane Maintenance Project, MSC 446. Alternative Action(s): Forego approval at this time and direct staff on how to proceed with the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: June 4, 2007 DEPARTMENT ID NUMBER: PW 07-32 Analysis: This project will replace two existing concrete cross gutters which due to ground settlement inadequately convey runoff. Minor storm drainage will also be installed to collect and convey nuisance waters. Plans and specifications are in final preparation, and are ready to be advertised for competitive bids. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on May 16, 2007 with a vote of 6-0-1 (Harlow absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): -2- 5/17/2007 7:41 AM ATTACHMENT #1 LE GREENVIEW LANE MAINTENANCE PROJECT, MSC-446 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Bid for the Greenview Lane Maintenance Project, MSC 446 COUNCIL MEETING DATE: June 4, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ t Applicable No ❑ 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 ❑ • RCA Author: T. Broussard:jg UNSUCCESSFUL BIDS MSC-446 Greenview Lane Maintenance Project City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 29, 2007 ACR Concrete & Asphalt Construction 16052 Bonaire Circle Huntington Beach, CA 92649 RE: MSC 446 — Greenview Lane Maintenance Project Enclosed please find your original bid bond for MSC-446. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure g Jfollowup/cashcont/returnbidbond.doc Sister GRO.eAM81, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) r SECTION C PROPOSAL for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 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 30 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE . ..... m::; . ... s rma....::::::::•::•::::: . . m:..:un�.;p�aee;:;:::;::::=:.:.:.:.:.:.:.:.:.:.::=::::::.::.:.:.:.:. :.:.:.:.:.:.:::::::=::::::...............: :=: z>Fen a >. ............. ::lib:::::QuahtEtY .....:.......:.... Wrjit46n:_ In-.wa ds......................:.......:::.;.; Ur}�t;P ire .....•:A�>ttibUt>n>E ;.;. 1 2500 s.f. Sawcut, Remove and Replace AC. @ Ty c-u_v-c:::- Dollars $ 1230 $ -r,-t 42- -1 Cents Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp s.f @ Dollars $t $ t�5 Cents Per s.f. 3 20 Remove and Replace Curb & Gutter l.f. @ ON Fj,2-ice t i vE Dollars 2 $ J'oo Cents Per l.f. 4 2300 Remove Cross Gutter s.f. �and �_Replace @ 1��N ��) �'�r� Dollars $ ZZ. SCE $ �jit 7< Cents Per s.f. 5 2 Install 18"x18" Precast Catch Basin each @ Dollars $ 4,0 al $ Z��CLc7 Cents Per each 6 420 Install 8" HDPE Storm Drain l.f. @ W—Dollars $ tL-5 $ Z� Cents Per l.f. 7 1 each Connect into Existing Catch Basin @ V �'�u '�� h �1 -H1 k, Dollars 11 $ 00r. $ 2, S)Dy Cents Per each Total Amount Bid in Figures: $ C Total Amount Bid in Words: .-" �d���2 r=1cJ►-�,16.n2.-tom:. ------------------------------------------------------------------------------ --------------------- - C-1s 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 60DO25 &>-®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. 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 a U N 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 �1 Z 2�� , being first duly sworn, deposes and says that he or she is u.'clfr of'xoz �,�.2dTc the party making the foregoing bidthat 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. AUr2jt �� �, Z ►�t ..� - �sS,, �N� Name of Bidder / /ef ( Signature of4Bidder Address of Bidder Subscribed and sworn to before me this Z day of-S 1w ic.{ , 20 0;�- . NOTARY PUB ...�. D.J.R. GRIMMER Commission # 1706292 jp Notary Public - California Orange County WComm.EvimNov20,2010 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the GREENVIEW LANE MAINTENANCE PROJECT, MSC-446, (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: : L-Li .(o Ao� 0 -7- PfZA�l (;'s �is Contractor 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 i:+J. 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: `7�-2 k -D Ack c Contractor z By 6L1vNt1L-- 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'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address ki Nr�N r,�-tb T-\j (I P�- Ii'av -� City, State Zip ��4-) 3�I-9�;U9 Telephone Number Co - £, I'll —3 State Contractor's License No. and Class cl --- � 1-t !1L Original Date Issued Expiration Date The work site was inspected b C�t�i 20 7 p y of our office on _�� _ The following are persons, firms, and corporations having a principal interest in this proposal: P ,n 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. AOAL Company Name Signature of A,, -ma �,� C vt Printed or Typed Signature Subscribed and sworn to before me this Z, day of , 200_7. D.J.R. GRIMMER Commission # 1706292 -d Notary Public - California NOTARY PUBLIC h c : Orange County 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: CD1. l l `� C = 1..-,c-, z wca b L444 D !mot t L-LS Name and Address of Public Agency CA, 000 2- Name and Telephone No. of Project Manager: L t k N \ C— U 6� 12 1 w2 ti 69.Ito- z�g Contract Amount Type of Work Date Completed S. C pc000 Name and Address of Public Agency t ©, :S. t p Saar 2 �� C jD7 Name and Telephone No. of Project Manager: (j2 EI,II-t,S Contract Amount Type of Work Date Completed 3. Lv � r✓ S l c'(D__ Name and Address of Public Agency 1 Z40 S - i�� 4c t-I \ N-�� , ( tZ .cam L C �Zx>z..-I Name and Telephone No. of Project Manager: A-L6- " %t-t `iJL 0 CZ 13) -)cO -5 (4-- Contract Amount of Work &J,7-�j,1 Date Completed C-10 LC.W. GROUP ® INSURANCE COMPANY OF THE WEST ❑ EXPLORER INSURANCE COMPANY ❑ INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 P.O. BOX 85563, SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com BOND NO. BBSU BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, ACR Concrete & Asphalt Construction, (hereinafter called the Principal), and Insurance Company of the West, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of the Total Bid Amount Dollars ($10% of the Total Bid Amount) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated July 3'd, 2007 for bid Greenview Lane Maintenance Project - Concrete Sidewalk and ADA Ramps, Catch Basin and Storm Drain Install and Misc. Asphalt Work in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 28th day of June, 2007, ACR Concrete & It Co t ction BY: I,/ ance Company of the est BY: S . Burchfiel Attorney -in -Fact GN-[CW 155 (7/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On Jv fie ��� t v� before me, Traci Larson, Notary Public Date Name and Title of Officer (e.g . "Jane Doe, Notary Public") personally appeared Shaunna R. Burchfiel, Attorney in Fact Name(s) of Signer(s) ,�..>o a aaoo.>aaa@@aeee@oaaooeeoe@000@oeeeeesg z TRACI LARSON D COMM # 1642285 m cc W NOTARY PUBLIC - CALIFORNIA 13 Q LOS ANGELES COUNTY .+ My Commission Expires Jan. 31, 2010 e A96@etreb@batr9ae0@9eeaeOebb@trb044@e@O00@@e ❑ personally known to me ® 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. WiTnS my hand and official seal. Place Notary Seat 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —1—j Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .p of thumb here 0 1999 Nallonai Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 2402 - w .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6627 No. 0002064 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the `Companies"), do hereby appoint GEORGE J. BURCHFIEL, SUZANNE D. BURCHFIEL, SHAUNNA R. BURCHFIEL their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. pONPAkY� 4AI,91M*tlo\� Sj,:1 1 11 x INSURANCE COMPANY OF THE WEST t(o�^SEAL m)4 a EXPLORER INSURANCE COMPANY \ rr+Acx .+a" a o INDEPENDENCE CASUALTY AND SURETY COMPANY \ 1F010ri' i✓ ��./w"" 7�fJ� Jeffrey D. Sweeney, Assistant Secretary State of California } County of San Diego ss. John L. Hannum, Executive Vice President On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. A#MY C M 11DTAFiYPtIBLiC-tMUM A SAN O6GOCOUNTY 8 Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this day ofj Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 29, 2007 Bonsall Construction Services, Inc. P. O. Box 1085 Bonsai], CA 9203 RE: MSC 446 — Greenview Lane Maintenance Project Enclosed please find your original bid bond for MSC-446. Sincerely, I?", - Joan L. Flynn City Clerk JF:pe enclosure g: /followu p/cas hcont/return bidbond . doc Sister CiHLdQPeNfq61,Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) r;U eZ7(:0,�02=3 601 J L C1T Y Cl KUNiiNGTOIKI GE! 1" SECTION C PROPOSAL for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 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 30 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE :.zero::: s>€kri?at::.:::::::::=::::::::.tem: t.::ui►it:.: ee::::::::::.:::::.:::::::::::::::::::::::::::::.:::::::::.::::.:::::::::::::::::::::::::::::::::::::::::............... ................. ............................................................................................................. E ::::::::::::::::::::i�vritCii ...........h'.......................................................................................................... ii:vos:.:.:.::::::;::::::::::::::::::::::::::::::::::::::::::::::::::AiFifbitnt:::: 1 2500 Sawcut, Remove and Replace AC. ON � 8 1-00 s.f. @ �i<gyt dollars rk $ $�Q Cents Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp s.f @ seyefi ll e—rV Dollars $ 17 (;�( $ L ��►r eI-Qnw m t ,/� 1 e Cents Per s.f. 3 20 Curb & Gutter Remove and Replace Curb If o @ e—\ an l VI 0 q � Dollars / $ �/ $ � Z� 2 e f 0 Cents Per If 4 2300 Remove and Replace Cross Gutter 101 s.f @ � ` �� Dollars $ t✓S $3�j Cents Per s.f. 5 2 Install 18"x18" Precast Catch Basin (n cane �n6�Sands�xhu,nd�Qdlhs�SeVeN $ $ 33K each @ f A�A Cents Per each 6 420 Install 8" HDPE Storm Drain U'Ohw one y $ $ 30 V If @ Dollars Z e D Cents Per If 7 1 Connect into Existing Catch Basin $ each @ o�P-�h�i��Sa�1r�S[XhU�ldredDa� Z� Cents Per each I) Total Amount Bid in Figures: $ 11 y1 OV/ A - Total Amount Bid to Words: d17,2 �-iJ hq ------------------------------------------------------ .........-------------------- --------------------------------------- T �U%mil �n� ©1�� �Lt2� , �t ��/%.� �' Qi•�" C-1s 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 (,ujh in the amount of $ Z4 6 Z/ 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: No. 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 Number 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 0JAVURL , being first duly sworn, deposes and says that he or she is of 6614S3 k I QO`) StrUC tVO NJ 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. Stake of Cam, CGU* of ! 0 SWmft*d and semrn to (or ArmeM bakre e by JZ.,o,Lr rnn e%A 1�a 1Ao11, T'o to nm on the 3 the person(s) Name of Bidde Signature of idder 830EVSta V12�a� CA q 2 ai-i Address of Bidder Subscribed and sworn to before me this 3 r day of . J 1 c� , 20 . J. ALLISON MC CARTY Commission # 1514129 ONot� Public - Colifornic n Diego County My Comm. Expires Sep 18.21 NOTARY PUBLIC 7- -� pte-1 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the GREENVIEW LANE MAINTENANCE PROJECT, MSC-446, (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: �3 bog 11 Cr4) YUW&.6 N Contractor WARZ LZA pfeSkswilt 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 4 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: 01 eAAYns,,n c msffUa0 N&rVlces Contractor yf6dmt L--11' 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: 6fflS2(0 06flSft—UCtft'W rvcC�S Contractor _ �0 Title Date: 7 , V 1 Vgta�z 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: 600S2W C O V,` O NVA & C -S Inc Bidder Name . v s k2a uJ 2uU1 8 U 1^ V_ t 0 Business Address City, State Zip (760) 758- G q Telephone Number 75333 G 0 State Contractor's License No. and Class V25 M Original Date Issued (0130109 Expiration Date The work site was inspected by (L)UA of our office on 6 -L U ,200.7 Ij The following are persons, firms, and corporations having a principal interest in this proposal: v�ce ��es �cnt�Scc��ta� 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. SWSail vO laSy� � e viCeS Company Name l' Signature Printed oY Typed Signature Subscribed and sworn to before me this 3 day of ` , 200_7. 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 �-en-1 ecu (?( V a u Name and Address of Public Agency umei � Si. Name and Telephone No. of Project Manager: V—OMR-f o U, 1 0 0 i O —M12- 1, -700, 000 Contract Amount Type of Work 2. C 0f--1rvfn_ 2 `° 1— Date Completed Name and !Address of Public Agency c/ Name and Telephone No. of Project Manager: b G b 2 5501()00 C(X1C re (016-7 Contract Amount Type of Work Date Completed 3. ellu 0 YYI V r(retZ' Name and Address of Public Agency Name and Telephone No. of Project Manager: i ► l C p ro CC I &O I N ~ R 950 , 000 C6nc r-e 2/ 6 7 Contract Amount Type of Work Date Completed C-10 1-3 f7 i7 `T�7 KNOW ALL MEN BY THESE PRESENTS, that we Bonsall Construction Services, Inc. P.O. Box 1085 Bonsall, CA 92003 as Principal, hereinafter called the Principal, and the Western Insurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of attached bid. Dollars ($ 10% of attached bid) , 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 MSC-446 Greenview Lane Maintenance Project 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 and give bond with good and sufficient surety, 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. 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 t ver the entire cost of the project. Signed and sealed this 3rd day of July , 20 Bonsall C s onSev s, (Witness) (Pr)hcipal) �? (Title) Western Insurance Company (Surety) Clovia L Lehto (Attorney -in -fact) ALL-PURPOSE ACKNOWLEDGEMENT State of( Nevada ) County of ( Washoe ) On July 3, 2007 before me, Robin Lee Kennedy Notary Public, personally appeared Clovia L Lehto Name(s) of Document Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary ENNEDY �.. ROBIN LEEK Notary public - State of Nevada Appointment Recorded in Lyon County No:06-108231-12. Expires F;'gust 18, 2010 (Affix seal in the above blank space) WESTERN INSURANCE COMPANY POWER OF ATTORNEY 310165 KNOW ALL MEN BY THESE PRESENTS That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Dick L. Rottman, Bradley A. Pearce, Janice L. Bowman, R. Scott Rottman, Clovia L. Lehto, Amy J. Simpson, Melissa C. Mello Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate -capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duty attested by the signatures of its President and Secretary, this 19`h day of June, 2006. WESTERN (INSURANCE COMPANY RA opron,o (Signed) By s SEAL President * d, 1994 1Tf ME�� oe �I`� OF (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19`h day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of saieC with both of whom I am personally acquainted, who being by me severally duly sworn, said, that ifiey, the saidTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said E COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eac e seas of s 1►�y,, ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixe y er r of the BQ i Directors of d corporation, and that they signed their names thereto by like order as PRESIDENTtETARY, r " t ly, of the L. My Commission expires the 31st cJa ch, 201 . y . .411 ..................................} ........., PATRICIA A. LETSON ' ,(Jried) Notary F ublic - n..✓ Anr .m -Sentafe oNa:61a732-EpIM, LCiSOn Notary PUJItC A ....................................................: .�Q 1. This Power of Attorney is granted y authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPA June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, 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 validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to thetas, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. in Testimony Whereof, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 3rd _day of ^.sty 2007 ? aPPOR• F,4F Secretary T SEAL J''re of NE°n City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 29, 2007 Eagle Asphalt Construction, Inc. 20106 Divino Dr. Walnut, CA 91789 RE: MSC 446 — Greenview Lane Maintenance Project Enclosed please find your original bid bond for MSC-446. Sincerely, 0�- J+4() tL. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retu rnbidbond.doc roc dure # 3 Sister Citi8s: �nlo, ]apan • Waitakere, New Zealand (Telephone: 714-536-5227► SECTION C PROPOSAL for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 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 30 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE .... iit::: strmat...:teA?:*'!t.::unit:pzt?e::=::::::::::::::::::: =:::::::::::::::::::::::::::::.. gt .... e..:: ..................... ........................................................................................................... ......................................................................................................... :::::: vr�iCi��t i><i s voi s:......:::::::::::::...........::: Unit P>ri>ve::::=:: r iEittiitnt:: : 1 2500 Sawcut, Remove and Replace AC. s.f @ S VF,✓ Dollars $ -7• oy $ / 7 OO.Oa A 4 � Z-f /f 0 Cents Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp s.f. @ l ut�l7F,C'J Dollars p $ /? yi>•�°" +V b 6 /60-7 f r V h Cents Per s.f. 3 20 Remove and Replace Curb & Gutter Lf. @ Q,u6 i�111-J�A4/ ttDollars $ jDC •ao $ ,000.do —:&A Z r` A o Cents Per Lf. 4 2300 Remove and Replace Cross Gutter s.f. @ r 1- cVfn1 Dollars $ $ z s i4NJj /�/f i'y �rvf Cents Per s.f. 5 2 Install 18"xl8" Precast Catch Basin each @ ONF i X4 �d 4.J � i�1//1/�� I�(c n� /�` lSDollars $ o (,'d $ ( 2 So ti �4,4 ffx 1J�bG�rLI /}.+a iw44.,0l'rX&1 •Cents Per each 6 420 Install 8" HDPE Storm Drain Lf. @ d t K? Y r wa Dollars $ Z J— $ �4�+�r•.►F_T7 f/✓F Cents Per If 7 1 Connect into Existing Catch Basin each @ dWE i-/O-4RN44 . /�*irr !�i✓wb,2�� Dollars $ i ov.aa $ J 00.00 qrv� Zf2� Cents Per each Total Amount Bid in Figures: $ 8 li, 3 8 1,57o Total Amount Bid in Words: f / 6-9�7 tJ/-If -11. 4., � - - ---------------------------------- `---------------------------- - ---------------------------•- -A.4 616-ml- Y G�i••j f- W o tit. A,/L.J A.N Z 6,e,-,7-X C-Is 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 �Z, aM t L.4 in the amount of $ 7o 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 Si nature 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 Number N 49 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 Gm*ge Goc AM< --EGGS A.0 cyi1 k �R'E�- , being first duly sworn, deposes and says that he opeke is $ e'N 7-of � !v /�f'� "" 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. EA6-1t &Pd1tt71 Name of Bidder ice-Cti l % Signature of Bidder 2-aoi c 5r d Address of Bidder Subscribed and sworn to before me this a�Ag day of BUG , 20 D NOTARY PUBLIC M.CHADHA Commission # 1518729 ° p Notary Public - California Los Angeles County My Comm. Expires Oct 9, 2008 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the GREENVIEW LANE MAINTENANCE PROJECT, MSC-446, (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: ( - 38_ 0 2 Contractor 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 U o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6 - 7--9 - v 7 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 By Title Date: -" o 7 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip (�05 ) YY !Y - LD,4 Telephone Number -740bz8 _ ";4" State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by AA.... .,WLof our office on 6A , 209 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. E 1-G-L f - 2�4--c. Company Name 0-7 Signature of Bidder W 1 LL ! 4'- /4j" t az' --- Printed or Typed Signature AiQ Subscribed and sworn to before me this! day of TuL , 2007 NOTARY PUBLIC M. Jh CHADHA Commission # 1518729 Omy Notary Public - California Los Angeles County Comm. Expires Oct 9, 2008 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. a7 `r a L. O d �r �, ,� .f 6'2 d z �%�✓,✓vyJ �« U��P.� ,W�ytf C.4.9/ Vol Name and Address of Public Agency Name and Telephone No. of Project Manager: F1'-/4 Ik rt /EJ---J a / 8 - 21 `i - 1718 / 4( KY6, COD e uc & X/— , �Ie% wy-(,.4 e- e, L-,I;r YLY0 / "0 ? Contract Amount Type of Work Date Completed 2. r?- i O % �i4� t�-AC r.v`bY�i e / w d`i . , (�{.►'�t':..o 1. C�4 i Name and Address of Public Agency Name and Telephone No. of Project Manager: M A*Q Lyr-J ZJ�•C +�9 9/6 " 2V- 9v" 'Z'f1re 0i-D L)[) (L�.N67_ AL f/&x- 6 `b�/rj( ')/ 06 Contract Amount Type of Work Date Completed 3. (' "'7 y 0 � s! 4F*7 f,;9'f-% `� Gam. N'� A v ✓. C� Name and Address of Public Agency Name and Telephone No. of Project Manager: �4v& 0 S% 9- 7 0 6 7 i e %S, �"). uv /�;�,� elfr, .f1tw9 � -<, wAJ 1 c Ac"IZ n,u ye-' j Contract Amount Type of Work Date Completed C-10 WHN INSCO INSURANCE SERVICES, INC. 11�ic0 Underwriting Manager for: �Jp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Eagle Asphalt Construction, Inc. BOND NO. N/A as Principal, and Developers Surety And Indemnity Company a corporation authorized to transact a general surety business in the State of California bound unto City of Huntington Beach in the full and just sum of Ten Percent of the Total Amount Bid as Surety, are held and firmly hereinafter called the Obligee) Dollars, ($ 1 0% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Greenview Lane Maintenance Project Project No. MSC-446 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, or in the event of the failure of the Principal to enter 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. Signed and Sealea this 29th Eagle Asphalt Construction, Inc. rincipal ID-1198 (Bid Bond) (REV. 1/01) day of June 2007 YEAR Developers Surety And Indemnity Company _ Surety By: Gale Delo, Attorney in -Fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On June 29, 2007 before me Kathleen Ryan, Notary Public Personally appeared Gale Delo [X] personally known to me OR proved to me on the basis of safisfaetor-y evidenee - 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. KATHLEEN RYfAN v, COMM.11678421 NOTARY PUBLIGCAl1fOf U SAN BERNAR01NO. COUNTY My 00mm. Exp. JULY 26, 2010 WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Title(s) [ ] PARTNERS v TATEv c [ ] ETTB [ ] GENERAL [X] ATTORNEY -IN -FACT [] [ 7 GU A RPI A AT/!''ONSED V A TO [ ] OT-14E : SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document Number of Pages June 29, 2007 Date of Document Developers Surety And Indemnity Company Eagle Asphalt Construction, Inc. Signer(s) other than Named Above POWER OFATT•ORNEV FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINI. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo, jointly or severally*** as their true and lawful Attorney(s)-iit- Fact. to make, execute, deliver and acknowledge, for and oil behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attornev(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confined. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers ofAaontey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. By: wANO•� %. GQOPANYo David H. Rhodes, Executive Vice -President •'��� �• ""' •. ?co .;4p¢PORgr�F�Z _� GOPPORR�to OCT. <? z ? OCT. 5 :a' 10 Sri: 1967 _0 By: Walter A. Crowell, Secretarymod : 1936 pqt tFOVk a STATE OF CALIFORNIA COUNTY OF ORANGE: On December I, 2005 before me, Gina L. Cramer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his!herdtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 6' wit- GINA L. GARNER COMM. # 1569561 (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY 13 My comm. expires May 13, 2009 CERTIFICATE, The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full Circe and has not been revoked, and furthennore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 29th day of June 2007 By Albert Hillebrand, Assistant Secretary ID- 1380 ( Rev. 12'05 ) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 29, 2007 Palp Inc., dba Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 RE: MSC 446 — Greenview Lane Maintenance Project Enclosed please find your original bid bond for MSC-446. Sincerely, JF:pe Enclosure g:/followup/cashco nt/retu rn bidbond . doc Sister Cit9WkM8'1 Japan • Waitakere, New Zealand (Telephone- 714-536-5227) "" El- PAVING COMPAN 2230 LEMON A! r see 2!"� %CLOSED ID1 DATE No..,Msc. 4 �o �"AYWA lhnA -1 1 -RaA A + em D* r; 7 2001 JUL -3 PH 1: 55 c I T V H � , C' 1, 0 4; 4 I SECTION C PROPOSAL for the GREENVIEW LANE MAINTENANCE PROJECT MSC-446 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 30 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE 6&:A ..................... :. o:::..ualntF ................... ................... ......................................................................................................... tCc#� :: of ds::::::::::::::::::.:.:.::.:::::::::....:.:..:::::.::: ...........................i ... ........................................................................ CJ;tiit ripe:: 1 2500 Sawcut, Remove and Replace AC. s.f. @ s vbl-j Dollars {9G'%�! Cents Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp s.f @ -% 142'T 64_1_� Dollars $ ZCents Per s.f. 3 20 Remove and Replace Curb & Gutter 1.f. -T L-y'j @ N A �'Se\l Dollars $ $ -Zt1e_;D Cents Per l.f. 4 2300 Remove and Replace Cross Gutter s.f. @ Q )(Tt_f' " Dollars $ 1(0. $ Ro Scm, ZbeA Cents Per s.f. 5 2 Install 18"x18" Precast Catch Basin each @ 0W TH'pU9k41b M Nr,— "KQ121ft> Dollars $ $ 33(fo Z>l n Cents Per each 6 420 Install 8" HDPE Storm Drain l.f. @ 61c1Dollars $ zele-d Cents Per l.f. 7 1 Connect into Existing Catch Basin each @ _il t4- "ivbu2;;D Dollars $ Cents Per each Total Amount Bid in Figures: $ 1 bq 555, Total Amount Bid in Words: W I+ 0arcD p,�I h V— ------------------------------------------------------------- --------------------------------------------------------- 9u &D F-1K'L,) A v 6- -WS " 7.50-k� C6t-3i S C-1s 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 TAO B4O00 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: V*NL Addenda No. Date Received Bidder's Si nature 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 '�C C 4M CW -(r—' NqCOFS15(J C—) o 5UM V CA a l� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C. P. BROWN , being -first ;d%lya,sw,orn, deposes and says that he or she is e tS1L)LNt of EXCEL PAi INN QWvgP'WY 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. =; C. FHIL LIPS < Commission. # 1492824 a = = of "rotary Public Cal -,ma z a Los Angeles County N.W, My Comm. Expires May 31,.... Subscribed and sworn to before me this NOTARY PUBLIC Name of Bidder C?- ), 4� � � Signature of Bidder 2230 L.EK4%"j'N i"VENIJE I CZNG BEACH, % 111 90SN6 Address of Bidder JUL 2007 day of , 20 NOTARY SEAL C4 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC-446, (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. J J L - 3 2337 Date: PAL?.. NG, DBA E1�0EL PAVING C0100y Contractor 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? 0 Yes U 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: J U L — 12,00% .eft - Nt a E'A'CEL p �314IG CJ�u�I`�, � JA+! Contractor c �. kty-� 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'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP, 1NIG. HAEXCEL. PAVING GONWANY 2230 LEMON AVENUE t-OHO CSACH. CA 1PrMQ,1 Business Address City, )P562) 599-5841 Telephone Number STATE LIC. 686659 W State Contractor's License No. and Class bwqq Original Date Issued q6bb Expiration Date State zip The work site was inspected by of our office on 1hWiDAU. 0-- The following are persons, firms, and corporations having a principal interest in this proposal: 6U"MS r' "ft r-MIUMI & (HIEF OPFRATING OFF R CAROLYN J. SHOWN, SECRETARY It CHIEF FINANCIAL OFFICER GEORGE FL WRAE, SENO ICE PRESIDENT 2230 LEMON AVENUE r ,U U-S R BROWN !!I, W! 4 ESI DEW BR E. RATL VICE PRESIDENT MICHELE E. 9F6kKU9GH,-*3S.1STAiff SHRETAft 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. Pfii L' . u ?i0. OS!F" EXQ( t PAkii 4U CMVANY Company Name C Signature of Bidder G.p lit OVIN. VOESIDENT Printed or Typed Signature Subscribed and sworn to before me this — day oPUL - 3 2007 , 200_ NOTARY PUBLIC C. PHILLIPS Commission. # 1492824 P'otary Public • California Los Angeles County Comm. Expires "w ;!, 2004 NOTARY S Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 1. 2. a 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 Bond No. Bid Bout The American Institute of Architects, AU Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount bid Dollars ($ I 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. WHEREAS, the Principal has submitted a bid for Greenview Lane Maintenance Project (MSC446) 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 Contiact Documents with good and sufficient surety filr the faithful performance of such ContrM 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 winch. 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 l 3th day of June , 2007 Witness Witness PALP Inc. dba Excel Paving Company Principal (seal) NamelTitle Federal Insurance Company Surety (Seal) A'� Q` &. , I , Douglas Rapp Attorney -in Fact ORSC 21328 (5/97) ACKNOWLEDGMENT State of California County of Orange OdJune 13, 2007 before me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their.authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand anofficial seal. o A.P. COW�➢t1�t5 as! Signature =t N (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 KnowAll 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 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 ran E. Robertson, t On this 2 2 nckfay of January, 2004 , before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secetary of FEDERAL INSURANCE OOMPANY. 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 duly swom, did depose and say that he tsAssistmt Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed tD the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the Bg-Laws of said C npanies; and that he signed said Power of Attomeyey asAssislant Secretary of said Compares by like authority, and fiat he is acquainted with Frank E. Robertson, and knows tam to be Vice President of said Companies: and that the signaluire of Frank E. Robertson, subscribed to said Pourer of Attorney Is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and In deponents presence. Notarial Seal Karen A. Price Waq Public State of1 New Jersey . � No. 22316 7 Notary Public n. R� `n; " � iAFlCif1`r10N of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail po b" 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 Vie 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 tacsinale to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shag be vat and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shag be valid and bailing 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 M the foregoing extract of the By -Laws of the Companies is true and correct, (ri) the Companies are duly Ifcensed 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 (m) the foregoing Power of Attorney is true, cored and in fug force and off i, .Th irum 7nn7 Given under my hand and seals of said Companies at Warren, NJ this W dvconNA Est oMs�' 4r, 4- day of 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 15-104M (Ed. 499) CONSENT ACKNOWLEDGMENT State of California County Of Los Angeles On -before me, C. Phillips, Notary -Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO By C.P. Brown, President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. s 'a C. PHILLIPS WITNESS my hand and official seal. Commission. # 1492824 U {.g t"'< p F Notary Public - California l Los Angeles County Signature My Comm. Expires Hay 31, 200d (Seal) EXCEL 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. PALP, INC. DBA EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A DESCRIPTION OF OPERATIONS 16 P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 Excel Paving Company is a general engineering and paving contractor that has been in business for the past 25+ years. The company Is a corporation owned by C.P. Brown, Jr. Their operations Include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site Improvements, grading, removal, etc. but will subcontract any work, which is not specifically within their domain. Occasionally the company will perform work at airports. They also may occasionally perform work in the "THUMS" area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately % mile from the harbor. The company estimates 2006-2007 gross revenues of 85 million, $60 million of which is subcontractor and material costs. All work is performed in Southern California, with most in Los Angeles and Orange County. A great deal of work is done for public entities, repairing/widening existing surface streets and roads (75% public entities and 25% private entities), pipe work, concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work Is subcontracted out to other firms. Excel Paving Company also repairs a great number of paved schoolyards and parking lots (30%) and usually has a small amount of on going work at the Los Angeles, Burbank and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown,'being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Flatt Vice President & Assistant Secretary Michele E. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 G AROLYN . B , ecretary EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone:562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner: Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown 8 Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: P.O. BOX 16405 LONG BEACH, CA 90806-5145 (562) 599-5841 FAX (562) 591-7485 Company Phone Fax Contact Vulcan Materials 323-258-2777 323-254-6102 Silvia Arredondo R.E.H. Trucking 909-591-0871 909-591-0506 Gina Mendiola Blue Diamond Materials 714-578-9507 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-552-8597 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C� xlx�� C.P. Brown Date President Reference List • City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 • Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 (818) 840-8840 • Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax: (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23`d Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (949) 553-9800 Fax: (949) 553-0670 Excel Paving Company Open Jobs May 31, 2006 12-Sep-06 Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,720,722 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 729,273 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 339,291 100.0% 3876 PARTHENIA, LA 1,153,774 100.0% 3947 TUSTIN AVE., ANAHEIM 4,145,076 99.9% 4,750 3959 SANTA MONICA BLVD., LOS ANGELES 49,233,937 85.2% 7,291,218 4024 UCLA KINROSS 2,329,669 100.0% 4042 GAYLEY AVE WESTWOOD 587,000 31.5% 402,250 4042 TUDOR WESTWOOD PLAZA 1,150,000 100.0% 4042 UCLA WESTWOOD 240,000 0.0% 240,000 4062 SANTA MONICA/MWD LA 7,700,000 91.7% 638,857 4064 WALGROVE E.S. L.A. 767,069 100.0% 4067 DEL AMO BLVD LONG BEACH 393,459 100.0% 4076 JESSE OWENS PK INGLEWOOD 562,447 100.0% 4077 CHAPMAN/ST COLL FULLERTON 135,411 100.0% 4083 HARBOR BLVD FULLERTON 214,172 100.0% 4084 SAND CANYON IRVINE 670,470 98.7% 8,670 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100.0% 4093 SAN FERN VLY LA 1,473,973 100.0% 4099 03 ST IMPRV INGLEWOOD 593,520 100.0% 4103 HOWLAND CNL CRT LA 290,526 100.0% 4106 PIER S BRTH S102-S110 LONG BEACH 4,077,253 100.0% 4109 VARIOUS STS REDONDO BEACH 761,751 100.0% 4112 BELMONT PIER LONG BEACH 479,513 100.0% 4113 NO LONG BEACH LONG BEACH 1,743,250 100.0% 4115 WASHINGTON BLVD CULVER CITY 741,069 100.0% 4117 VANUYS AIRPORT VAN NUYS 620,336 100.0% 4120 SOUTHGATE HS LOS ANGELES 681,858 100.0% 283 4123 ANAHEIM ST LONG BEACH 3,029,106 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100.0% 4127 UNION STATION LOS ANGELES 429,149 97.3% 11,464 4129 MT. SAC WALNUT 897,723 87.5% 112,216 4144 CASE AVE LA 300,000 23.2% 230,507 4154 STS & ALLEYS W. HOLLYWOOD 176,197 80.1% 35,100 4156 STERRY E.S. LA 223,520 100.0% 4157 YUPLACENTIA FULLERTON 137,338 100.0% 4160 WARNER ES LA 988,639 100.0% 369 4164 KENNEDY HS ANAHEIM 949,762 71.1 % 274,678 4165 EL TORO RD LK FOREST 10,950,000 95.0% 543,789 Op Cl.Jobs Mk 20064I 2-0 Excel Paving Company Work Experience May 2006 JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4169 CEN PK WEST LA 50,550 100.0% 4175 GLEDHILL ES NO HILLS 506,079 100.0% 4176 SILVER LAKE LOS ANGELES 1,302,701 100.0% 223 4177 COLD CANYON LOS ANGELES 481,211 100.0% 4179 PE BIKE TRAIL UPLAND 2,418,540 99.8% 5,549 4182 UCLA LOS ANGELES 65,000 18.5% 52,964 4182 UCLA CAMPUS LOS ANGELES 65,000 83.5% 10,731 4183 CAHUENGA LOS ANGELES 21,000 24.9% 15,780 4185 WHITTIER/PRESBY WHITTIER 7,400 100.0% 4186 GETTY TRUST LOS ANGELES 850 100.0% 4189 AVE OF STARS CENT CITY 82,000 100.0% 4196 MWD/SEARL HEMET 9,019,425 99.2% 76,075 4197 LYNOOD USD LYNWOOD 1,520,919 100.0% 4205 DREW MID SCH LOS ANGELES 1,034,306 99.0% 9,999 4206 107TH ST ES LOS ANGELES 400,543 100.0% 4207 93RD ST ES LOS ANGELES 348,140 100.0% 4209 PCH/CATALINA LONG BEACH 657,469 100.0% 4210 GLENDALE BLVD LOS ANGELES 40,700 100.0% 4211 VARIOUS LOC LONG BEACH 310,787 99.9% 156 4212 GLENDORA/HILL LA PUENTE 11,736 100.0% 4213 ALDAMA ST SCH 19,097 100.0% 4217 KANAN RD/101 FRWY 13,589 100.0% 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100.0% 4220 SO CENTRAL HS LOS ANGELES 54,026 99.5% 285 4224 SUNSET BLVD. W. HOLLWOOD 166,602 73.3% 44,543 4226 MONTANOSO DR. MISSION VIEJO 164,223 100.0% 4230 VARIOUS LOC LOS ANGELES 441,551 99.4% 2,629 4232 VALENCIA MESA FULLERTON 550,000 46.2% 296,119 4233 VAN BUREN VLD. CO RIVERSIDE 2,080,000 57.3% 889,166 4235 VICTORY BLVD. CANOGA PARK 687,374 99.9% 444 4236 THOMAS EDISON MS LAUSD 809,245 98.1 % 15,062 4237 S/W AREA LAX 4,900,000 94.7% 257,622 4240 LINCOLN BLVD. CALTRANS 10,350,350 40.5% 6,153,870 4241 BRACKETT ARFLD POMONA 373,977 98.9% 4,004 4242 CHANDLER/LANKERSHIM LOS ANGELES 4,850,896 72.1% 1,353,291 4243 ANDASOL ES NORTHRIDGE 131,502 100.0% 4245 LINNIE CANAL LOS ANGELES 366,290 85.1% 54,505 4247 7TH/710 FRWY LONG BEACH 575,636 99.2% 4,446 4250 2 FRWY GLENDALE 13,200 100.0% 4252 W. PICO BLVD. LOS ANGELES 518,794 97.6% 12,561 4253 S.A. STADIUM SANTA ANA 397,289 100.0% 4255 ROMOLAND CALTRANS 200,540 100.0% 4257 MIRAMONTE ES LOS ANGELES 677,111 97.0% 20,070 Open -Closed Jobs May 2006 9.12-06 Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4258 N/E INTER SEWER LOS ANGELES 360,460 100.0% 4260 WESTLAKE VILLAGE 880,000 98.2% 15,423 4261 MULHOLLAND DR. LOS ANGELES 17,598 100.0% 4264 BELLA TERRA MALL HUNT. BCH 3,010,042 68.7% 942,283 4266 CENTINELA AVE. LOS ANGELES 2,588,928 5.2% 2,453,669 4268 RANCHO CUCAMONGA RANCHO CUCAMON( 234,424 100.0% 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 100.0% 4271 GETTY CENTER DR. CENT. CITY 28,907 100.0% 4272 CHIQUITA BLDG PORTOF LB 6,673,974 43.5% 3,772,645 4273 UCLA CAMPUS LOS ANGELES 72,097 2.1 % 70,618 4274 HARBOR BLVD LOS ANGELES 1,241,220 96.0% 49,961 4275 CLAY MS LOS ANGELES 620,819 100.0% 306 4276 GETTY CENTER DR. CENT. CITY 253,822 83.0% 43,271 4277 GETTY CENTER DR. CENT. CITY 4,384 100.0% 4279 41 ST ST. LOS ANGELES 440,218 100.0% 4280 VIA ROSA/PV BLVD. PV ESTATES 504,157 98.9% 5,718 4281 HILLCREST ES LOS ANGELES 828,523 90.8% 76,420 4282 LOOP & PARK PL. IRVINE 1,112,969 99.9% 690 4285 MARLTON ES LOS ANGELES 278,427 100.0% 4286 WESTERN AVE. TORRANCE 28,640 100.0% 4287 GRAND AVE. EL SEGUNDO 144,402 100.0% 4292 PICO BLVD. LOS ANGELES 67,310 100.0% 4294 5 FRWY MISSION VIEJO 3,359 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,623,617 99.1% 14,739 4296 GLENDALE BLVD LOS ANGELES 574,081 98.1% 11,041 4297 VICTORY/TOPNGA LOS ANGELES 606,202 100.00% 4301 MICHELSON IRVINE 201,698 100.0% 4302 VERMONT AVE. LOS ANGELES 1,257,702 45.4% 686,546 4303 ISLAND EST LAKEWOOD 25,997 0.1 % 25,980 4304 MEDIA STUDIOS BURBANK 18,700 100.0% 4305 JEFF/CENTINELLA LOS ANGELES 1,510,999 8.7% 1,379,111 4306 10TH ST. LONG BEACH 1,155,831 99.3% 7,695 4307 NEWPORT SHORES NEWPORT BEACH 1,584,278 98.2% 28,416 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 100.0% 4309 KING MS LOS ANGELES 933,869 30.2% 651,470 4310 VAIL/CLEVELAND MONTEBELLO 10,790 100.0% 4311 PLAYA VISTA LOS ANGELES 16,854 100.0% 4313 SSA PKG LOT CO ORANGE 189,508 95.8% 7,969 4314 PARK PLACE IRVINE 1,000,000 34.7% 652,713 4316 MONTROSE AVE. LACPW 2,471,000 11.6% 2,183,289 4317 BERTHS 226-236 POLA 3,141,000 1.8% 3,084,658 4318 RON REAGON FRWY SYLMAR 16,304 100.0% 4319 REDONDO AVE. LONG BEACH 219,880 53.7% 101,754 Opa 0.WJO.MW2W6&12-06 - ----------------------------- Excel Paving Company ------------------------------- Work Experience May 2006 --------------------- % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. ------- PROJECT/OWNER/AGENCY ----------------------------------------------------- AMOUNT COMPL. --------------------- OF WORK ------- 4320 ---------------------- CERRITOS PARK ------------------------------- GLENDALE 300,965 --------------------- 29.0% 213,540 4321 SO. EAST HS SOUTH GATE 12,000 100.0% 4322 E. PCH WILMINGTON 14,216 99.3% 106 4323 6TH & PCH HUNTINGTON BCH 16,092 72.4% 4,444 4324 USC, FIGUEROA& JEFFERSON 1,302,469 6.7% 1,214,817 4325 BLUFF CREEK PLAYA VISTA 50,310 66.6% 16,805 4326 BNSF, IND & WASH COMMERCE 306,986 6.7% 286,330 4327 UNION STATION LOS ANGELES 10,000 7.7% 9,226 4328 HIGHLAND AVE. LOS ANGELES 2,754,889 0.6% 2,738,581 4329 SUNSET BLVD. LOS ANGELES 1,888,845 0.6% 1,878,150 4330 HARBOR GATEWAY LOS ANGELES 2,374,709 0.6% 2,361,083 4331 OLIVE & LAKE BURBANK 12,876 99.4% 79 4332 SO. BRAND BLVD GLENDALE 1,982,548 0.6% 1,971,493 4333 VINEYARD & SATURN LOS ANGELES 8,545 95.7% 366 4334 710 FRWY CALTRANS 709,632 0.8% 704,119 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 92.7% 7,423 4336 VERMONT AVE. GARDENA 1,171,000 0.7% 1,163,358 4337 MCFADDEN AVE. 2,289,789 0.5% 2,277,215 4338 BNSF, WASH & IND NERVON 27,640 5.8% 26,025 4339 VARIOUS LOCATIONS LONG BEACH 1,468,235 0.5% 1,460,617 4340 SLAUSON AVE. CULVER CITY 2,136,269 0.5% 2,124,653 4342 MOOOG, WESTERN WAY TORRANCE 41,000 37.8% 25,504 4343 BRAND & HARVARD GLENDALE 106,000 0.0% 106,000 4344 PKG LOT PH 1 RANCHO SANTIAGO 819,465 0.6% 814,918 4345 3355 EMPIRE BURBANK 79,193 0.0% 79,193 4346 DAMON, CONSTELL OF STARS 161,437 0.0% 161,437 4347 HAMILTON HS LOS ANGELES 584,000 0.0% 584,000 Open-Cl.e Jabs May 20069-12.6 Excel Paving Company Work Experience May 2006 JOB CLOSED JOBS 5/31/06 SALES WORK NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. 3716 710 FWY PCH TO 405 21,510,942 100.0% 3990 OCEAN BLVD LONG BEACH 1,196,229 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 100.0% 4045 5 FRWY, OR. CO 180,290 100.0% 4057 PALO VERDE HSG 611,836 100.0% 4061 PANKOW BLDRS M.B. 720,917 100.0% 4098 BLEND E.S LA 273,966 100.0% 4102 DENA E.S. LA 177,306 100.0% 4104 MOULTON PKWY CO OF ORANGE 478,612 100.0% 4142 ROSECRANS LAWNDALE 233,216 100.0% 4143 CALLE MIRAMAR REDONDO BCH 536,987 100.0% 4161 ST OVERLAY SIMI VLY 704,970 A00.0% 4168 MARINA DEL REY LA 459,915 100.0% 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 100.0% 4181 STATE ST ES LAUSD 334,787 100.0% 4191 HARVARD AVE. IRVINE 329,938 100.0% 4192 COMPTON/61ST LOS ANGELES 17,722 100.0% 4195 NEW JOB SAN CLEMENTE 10,966 100.0% 4198 AGOURA BIKE AGOURA HILLS 1,032,236 100.0% 4214 PCH/ZUMIREZ MALIBU 453,886 100.0% 4215 THE TOLEDO LONG BEACH 7,449 100.0% 4216 REEVES/NAVY PORT OF LB 268,611 100.0% 4222 PKG LOT 6 MONROVIA 406,899 100.0% 4227 SEWER REHAB REDONDO BCH 550,196 100.0% 4229 BLDG 10 & 28 24,697 100.0% 4246 SOUTH ST. ANAHEIM 492,994 100.0% 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 100.0% 4249 CAL TECH PKG PASADENA 39,406 100.0% 4251 5M FRWY CAL TRANS 188,210 100.0% 4254 PCH CAL TRANS 1,204,048 100.0% 4256 GARDENA HS GARDENA 1,009,381 100.0% 4259 LOMA VISTA ES LOS ANGELES 277,404 100.0% 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 100.0% 4265 INDIANA/WASH BNSF 15,290 100.0% 4278 CLARK AVE. LONG BEACH 517,203 100.0% 4284 CENT/LINC CULVER CITY 263,999 100.0% 4289 LUGO E.S. LYNWOOD 15,435 100.0% 4291 05-06 St.Maint AGOURA HILLS 831,113 100.0% 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 100.0% 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 100.0% 4300 PV LANDFILL LA SANI DIST 19,650 100.0% 4312 INDIANA/WASHINGTON BNSF 147,323 100.0% 4315 190TH/GREENLANE REDONDO BEACH 2,000 100.0%, Opw.ClwW Jobs My NW 9-12-06 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Jefferson Blvd. Widenin PROJECT DESCRIPTION: Street widening, Infrastructure reconstruction, Street lighting, traffic signals, landscape & irrigation. LOCATION: Jefferson Blvd., Playa Vista, Los Angeles CONSTRUCTION VALUE: 6,306,687.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE. - FINAL SUBCONTRACTOR: ARCHITECT: KATZ, OKITSU & ASSOC. PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562) 599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company, LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Slauson Ave/ SR-90 Impvts. PROJECT DESCRIPTION: on ramp _& off ramp widening on SR90, Traffic Mitigation added left turn on Slauson Signalization & Signing LOCATION: Slauson Ave @ SR90 Culver City, Los Angeles CONSTRUCTION VALUE: 2. 136 269.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR. - ARCHITECT: KATZ, OKITSU & ASSOC PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562) 599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $ 34, 455 ,152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: _ BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21 3 / 847-6613 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Alameda Street PROJECT DESCRIPTION: -Redesign of Arterial Streets LOCATION: Intersection of Alameda Street and N. Spring St Los Angeles CONSTRUCTION VALUE: j, 19 >> U 4 j. U U IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR 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 N/A CONTRACTOR'S NAME: PALP INC. DBA, EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBELM STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Phase 3 Container Yard Expansion Pier T PROJECT DESCRIPTION: Container Yard Parking Lot Expansion LOCATION: Pier T, Long Beach, Ca. CONSTRUCTION VALUE: 21 703 834.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE. - FINAL SUBCONTRACTOR: ARCHITECT: Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 ext 246 OWNER INFORMATION. - NAME: The Port of Long Beach CONTACT: Card, Cardemone TELEPHONE: 562) 590-4172 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Pj Pr F. RPrthS 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: 562) 244-9077 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Highland Avenue Widening PROJECT DESCRIPTION: Redesign of Highland Ave and Adiacent Streets' LOCATION: Highland Ave @ Franklin Ave, City of Los Angeles CONSTRUCTION VALUE: 2, 754, 889.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: 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 246 N/A OWNER INFORMATION: NAME: City of Los Angeles Board of Public Works CONTACT: Rafael Villegas TELEPHONE: 213) 485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSESEL TY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME:. North Maclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Maclay Ave, from 1st Street to Eighth Street CONSTRUCTION VALUE: 3, 682, 624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of San Fernando GENERAL CONTRACTOR INFORMATION. - NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: Cit.)T of San Fernando CONTACT: Daniel Wall/ City Engineer TELEPHONE: 818) 898-1225 2007 JUL -3 Pik 1: 26 ciTI, t F UNT,f-� C i0 BEACH 1150 54086ii' : L 2 20 3 7 L 7 0: 68000 3 20 L06 2 78,i' GREENVIEW LANE MAINTENANCE PROJECT, MSC 446 BID SCHEDULE m .............•. ,n: �e::::::::::::::::::::::::::::::::: ' i ti:: :• ::::::....:• •::• :......* i:i�t�i s: : `::::= :::::?:::::::<: ;:::.......:: =.. 1 2500 Sawcat, Remove and Replace AC. s.f @ %� Dollars .S i >t Cents Per s.f. 2 900 Remove Sidewalk & Construct Access Ramp A I Dollars Q $ 80 $ s.f. @ rJ L^ ` Cents Per s.f. 3 20 Remove and Replace Curb & Gutter 11 @ 0' 5 i t{.✓ t�/ �' � �iDollars $ 7.1, $ 1 `J %� Ji.� N C'/✓� Cents Per I.f. 4 2300 Remove and Replace Cross Gutter s.f. @ �I� h r Dollars $ �� 17 r $ / 8" (11 J`e d e a Y e-2 J Cents Per s.f. 5 2 Install 18"xl8" Precast Catch Basin each ��o}Y @ Owe TAai3,..d Fiy%4 Dollars $ r g-30 $ Cents Per each 6 420 Install 8" HDPE Storm Drain l.f. @ rhi 5 i' k Dollars $ � $153� /�^^—Ai h' 1e j u •f r✓ o Cents ^—T Per ' If 7 1 Connect into Existing Catch Basin each @0nc +kp,,ia-d fJa, �r!/.=+Eir4� 'fW D�olla $ ® $ 2 -t' rt> Cents Per each Total Amount Bid in Figures: $ 7 7 Total Amount Bid in Words: --------------------------------------------------------------------------------------------------------------------------------- C-1s C] • 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 Q tj-+j e4_li.in the amount of $ '7'� 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 - nature C-2 Mediagrif 7/2/2007 2:53 PAGE 001/001 Fax Server )ale: 712/2007 10:33:54 AIN4 -rom: City of Huntington Beach :E: Greenview Lane Maintenance Project, MSC 446 - Project Modification issued 'o: Ron Cochran - Golden State Constructors Inc. ,ax: (714) 847-1661 'lone: (714) 932-5974 'roject Information: 'roject Name: Greenview Lane Maintenance Project, MSC 446 'roject"Contract 9: ,ocation: did due date and time was changed from 6/28/2007 2:00:00 Phi to 7/3/2007 2:00 PM cwc, -d ;E e'iStrucOun Bid e 07/02/07 11:12 TX/RX N0.3953 P.001 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 cAw•k-iO PAOI W44 ZZ" q38 L�'KATEIJA Svi4 Zot A r ct rt r r GRA or.�14 z%107 L a� f . f .0, c'A 12rH 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 LCL-irad , bem& first duly sworn, deposes and says that he or she is A j, dam,,, E of Laid ,44e-fs 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 ito any member or agent thereof to effectuate a collusive or sham bid. Nam7o'dder Sigifaure of Bidder Address of Bidder Subscribed and swornto before me this 3C day of CLAUDIA CDCHRAN r. COMM. #1722119 m NOTARY PUBLIC NOTARY SEAL CW-! ACKNOWLEDGMENT State of California County of�-�' On SQxW, AV4-before me, G c.,,W 9i j C0Ci4j1✓A,,7 X20rvLoo P')50 c- (here insert name and title of the officer) personally appeared fa--p,J,j � (g- 9at'p'.4"D C. Q-J- AA^--7 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(g) whose name(sfe subscribed to the within instrument and acknowledged to me thaw aye executed the same i his w authorized capacity(jAo and that by is/ signatureW'on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. WITNESS Signature - - - CLAUDIA COCHRAW "t V. COMM. #1722119 CMNO 44^M 11 � Caron Jen 30 2011 (Seal) 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 GREENVIEW LANE MAINTENANCE PROJECT, MSC-446, (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 fixrther 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 issubcontractor or subcontractors with the requirements contained herein. Date: _� — 3 0 0 • 'J 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 XNo If the answer is yes, explain the circumstances in the space provided. is 10 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: �-3o-c)-i • Contractor a i a rj By PSrd-e-,- 4 Title C-7 BIDDER'S INFORMATION 11 • BIDDER certifies that the following information is true and correct: Bidder Name %�AlG Business Address ktb- CA I)-& q] City, State Zip 14) q5 Telephone Number 800(00 State Contractor's License No. and Class Ik 0 Original Date Issued S -- )i - a 61, Expiration Date The work site was inspected by O fj of our office on y , 20.j The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in . accordance with the plans and specifications set forth. ol. d to r Company Nam Signature of I idder Li'vi e- Printed or Typed Signature Subscribed and sworn to before me this, day of 5Vy Jg , 2000T. NOTARY PUBLIC CLAUDIA COCHRAN COMM. #1722119 M Notary Public-Caftmis W ORANGE COUNTY Com+n. , Jsn 30, 201 t 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 • ��tx, p � �' �dr a�i u Name and Address of Public Agency Name and Telephone No. of Project Manager: ' & W 73 Contract Amount 2. Ca t' OQ Name and Address of Public Agency a • ork tra 13 `0? Date Completed Name and Telephone No. of Project Manager: rI li�qqfl369-13 0 Amount Name and Address of Public Agency of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work cu`' Date Date Completed C-10 ACKNOWLEDGMENT State of California County of of A\--< On before me, CC_A-v9/A WC4-f2,U) h2C)T:40&'q 10J 3C IC (here insert name and title of the officer) personally appeared (LOrJN t !�20,0-4c-2 C0C4ftA-J personally known to me (or proved to me on the basis of satisfactory evidence) to be the personal whose name( isare-subscribed to the within instrument and acknowledged to me tha he sMe{XFiey executed the same i is Ise geir authorized capacity& and that by hi r##ei[ signature(eon the instrument the person(by, or the entity upon behalf of which the person(Wacted, executed the instrument. WITNESS my hand and official seal. .. COMM. #1722119 Signature w --A a eM o mm. En. im AM 1 � (Seal)