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NOBEST INC. - 2004-02-17
RECEIVED BY: (Name) .� — A .1'i —Pe V (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ZShFreidenrich, City Treasurer `n FROM: oq4.l D�(/t DATE: —to SUBJECT: Bond Acceptance I have received the bonds for A106 Z--S 7- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. -A- y4-7�7-'80. U e� Re: Tract No. CC No. MSC No. e Approved c (Council ppro al Datd) i a Agenda Item No. City Clerk Vault No. �QQ...�� -V- 070 #27 g:/followup/bondletterAoc CONTRACTOR (Name and Address): Nobest Incorporated P.O. Box 874 Westminster, CA ``92694 CONSTRUCTION CONTRACT Date: Amount: $854,858.22 Bond # 1 g� Premiu l ,484.00 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92646 SURETY (Name and Principal Place of Business): Contractors Bonding and Insurance Company I I I Pacifica, Suite 350, Irvine, CA 9268 Irvine, CA 92618 Description (Name and Location): Tree Removal and the Reconstruction and Improvement of Various Residential Streets BOND Date (Not earlier than Construction Contract Date):A4)n129, 2004 1 Amount: $854,85822 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate S a Nobest Incorporated Signature: Name and Ti 1.. (Any additional signatures appearn page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which Is Incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided In Subparagraph 3.1. . 3 If there is no Owner Default/ the Surety's obligation under this Bond shalt arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, If any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ® None APPROVED S TOJFORM:/ p See Page 2 SIiO%y SURETY JE IFER McGRATH, City Attorney Company: (Corporate Seal) Contractors Bonding and Insurance Company NgQature: Name and Title: Linda D. Coats, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract In accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through Independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or oRSC 22119 (10-0) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following a ctio ns: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety s total obligation shallnot exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, If any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year_from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or.Clause 4.2.3, or (2) on which the last . labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: LJ Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted.herefrom and. provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by.,the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: Page 2of2 CALIFORNIA ALL-PURFAME ACKNOWLEDGMENT ( State of Calif ornia County of Orange I On April 29,2004 before me, Kay E. Anderson/Notary Public , I Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public') personally, appeared Larry Nodland ( Name(3) Of Sigrier(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, KAY E. ANDERSO ,,.. executed the instrument. r ` COMM. #13W78 < Xr > ® NOTARY PU6UC-CALIF A a r� aRANWOM Y WITNESS my hand and official seal. WtltCWM EV. Aw 13.20W t• ( ure Of Notary Public ' OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I ( Description of Attached Document Title or Type of Document: Contract Bond ' Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I I ❑ Individual ( ® Corporate Officer ( T(tle(s): President O Partner - 0 Limited ❑ General ( ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ;- �. ❑ Other: JTop of thumb here Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑General ❑ Attomey-in=Fact ❑ Trustee _ rei I *to to ❑ Guardian or Conservator �- ❑ Other. I Top of thumb here Signer Is Representing 0 1995 National NotaryAssomaoon • U36 Remmet Ave.• P.O Box 7164 -Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder Gq Tott Free 1.800 87rr682' • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On APR 2 9 2004 , before me, CHRISTINE M. RAPP, NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public) personally appeared LIMA D. COATS Name(s) of Slgner(s) [I personally known to me ❑ proved to me on the basis of satisfactory evidence CHRISTINE COMM. #1267189 < NOTARY PUBLIC - CALIFORNIA M ORANGE COUNTY My Comm. Exp. July 9.2004 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. WI NESS m hand and officia eal. y Place Notary Seal Above giartaturil 6f totaryPubI7 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: t Capacity(Iles) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT -THUMBPRINT `� •' OF SIGNER',' " Q 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.naUonainotary.org Prod. No. 5907 Reorder. Call Tall -Free 1.800-878-8827 HO/VD5 / IJIMITED POWER UE ATTORNEY 1 ..; ZNSURA/YCE 'r :.. Not VaI>ld for Bonds Power of Attorney , Executed On or After; t�Axcx 31ST, 2005 Number '919ago t • READ CAREFULLY to be used only with the bond specified herein 1I Only an unaltered I of this Tower ofAttorney document is valid A valid original of this document is, printed on gray / security paper with black and red ink and bears the seal of Contractors Bonding and' Insurance Coinpany (the "Company) _ Fi The original document contains a waterruark with the letiers ` cbic" emde bedd in the paper rather that printed upon it The watermark appears in the blank space beneath the words. "Limited Power'of Attoiney' at the top of the document and is visible when the document is held:to the light This document is valid solely;in eonnectionwifh the execution and deliveryof z „ the bond bearingthe number indicated below, and: provided also that the bond is of the type indicated below. This document is validonly if;the bond is executed on or:before the date tndicatedabo�e , l i. , KNOW .ALL DEN BY THESE :PRESENTS, ,that :the :.:Company ,does hereby make, constitute and appoint the 'following DOgGLAS A .:RAPP and LINDA D'. COATS its:true and t t lawful Attorneys) ia-Fact; ws,th full'`power.and;author ty hereby coaferred.:in 'i ,. .. its name, place and::stead, to execute, acknowledge and"`deliver on behalf of the ' Company (1) any and all bonds and undertakings of suretyship given for any; .; :.purpose, provided, however,:, that; no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any � portion of. the penal sum thereof=in excess of $10,00Q,_000, and provided,:. further, that nO..Attdrn6y in -Fact shall have .the 'authority to issue abid or , proposal bond for any .,project where,.;if a contract is awarded, any bond undertaking would be required with penal sum in excess of $1;0,000000"and',(2) ; consents, releases and other similar, document s required by an obligee under.aso Ir/ contract bonded by the Company This:: appointment,is made under the authority of the Soard; of Dzractors of the Coiiipany. -- -- -- - -- ---- —- --- -- -- ' ,1 .. --- - -'� ---------- - -- ---= -- --- -'- -- ---- ---- - - - --- - r, 7-77 - ----------- - - - ---------- - , 4 - --- - --_ -_ ---_ -_ --_ --_ --_ ---- ------------------------------------------------- 1 77 CERTIFICATE I, the' undersigned secretary of Contractors Bonng-and Insurance Company, a Washington corporation, D.O HEREBY CERTIFY the( this Power of Attorney remains iri full force and effect and t has not. been revoked futherih6re_ that the: Board Directorsforth and; resolutions ofthe of :set on the ;.; reverse are now if full force and effect. ., ... � «' ' z. Bond Number CE 1282 / -_,Z = 29th April 2004 3� Signed and'sealed this day of , z� 1, , g as RobertK. Eland, Secretary ' ,1 CBIC • 12I3 Valley Street • P.O Box 9271 eatt •Sle; WA 98109-0271 ;; (206) 622-7053 • (800) 765-CBIC (Toll Free) (800) 950-1558 (FAX) , .. PoaLPO/106L"SO 10703 is • • Bond # CE 1282 PAYMENT BOND Premium: Included The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Nobest Incorporated Contractors Bonding and Insurance Company P.O. Box 874 111.Pacifica, Suite 350, Irvine, CA. 9268 Westminster,:CA 92684 _ Irvine, CA 92618 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92646 CONSTRUCTION CONTRACT Date: Amount: $854,858.22 Description (Name and Location): Tree Removal and the Reconstruction and Improvement of Various Residential Streets BOND Date (Not earlier than Construction Contract Date):April 29, 2004 APPROVED AS TO FORM: Amount $854,858.22 imm Modifications to this Bond: ® None ❑ See Page 2 J NIFER McGRATH, City Attom-y CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal). Nobest Incorporated Contractors Bonding and Insurance Company Signature: / - Name and(Ole: (FOR INFORMATION ONLY—N' me, Address and Telephone) AGENT or BROKER: 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein.by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: ` 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 1 Signature: - Name and Title: Linda D. Coats, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other Party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim: 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described In Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. oRiC 22114 (7-93) Page 1 of 2 • 0 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After Investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 If the Surety does not proceed as provided in Paragraph 4 with reasonable. promptness, the Surety shall be deemed to be In default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided In Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety Is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 8 Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be Instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whicheveroccurs first. If the provisions of this Paragraph are void or prohibited by-law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 8.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract The agreement between the Owner from the Contractor's Default and resulting from the actions or and the Contractor identified on the signature page, Including all failure to act of the Surety under Paragraph 4; and . Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived, to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parses other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: Address: Address: Name and Title: Name and Title: (Corporate Seal) Signature: Signature: ORSC 22119 (10-93) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ......County of ORANGE On APR 2 9 200 , before me, CMUSTME M. RAPP, NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public) personally appeared LINDA D. COATS Name(s) of Signer(s) 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 CHRISTINE M. RAPPi the same in his/her/their authorized W.jf COMM. #1267189 capacity(ies), and that by his/her/their i" NOTARY PUBLIC. CALIFORNIA ,_ s � signature(s) on the instrument the person(s), or i d r ORANGE COUNTY ` My Comm. Exp. July 9, zooa the entity upon behalf of which the person(s) ie..;.v...� acted, executed the instrument. WI NESS m hand and.officia . eal. I Place Notary Seal Above Signatur f (oLary12ub4rWj OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: t Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here I C 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cha6 dh, CA 91313.2402 • www.nagonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876.6027 CALIFORNIA ALL-PURPOSACKNOWLEDGMENT State of California County of Orange i On April 29, 2004 before me, Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public) personally appeared Larry Nodland fName(s) of Signer(s) ❑ personally known to me — OR — O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ( his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, KAY E. ANDERSON > executed the instrument. cc COMM. #1304678 f a 4 . oRA MWJNr11 WITNESS my hand and official seal. Ctl1► C. ExQ. June 13, 20Q6 � / / ^ /1 of Notary 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 Pocument Title or Type of Document: Contract Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ® Corporate Officer Title(s): President ❑ Partner — O Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; _ Top of thumb here Signer Is Representing: Number of Pages: Signer's Name: O Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee _ ❑ Guardian or Conservator O Other; Top o"thuMbhee Signer Is Representing: 0 t9% NaWnal Notary Assooawn • 11236 Rommel Ave.. PO. Bo: 7184 - Canoga Part, CA 91309.7184 Prod. No. 5907 Reorder. Cap Too -Free i-800-876.6aV • Nobest, Inc. Attn: Larry Nodland 7600 Acacia Avenue Garden Grove, CA 92841 Re: Tree Removal & Residential Street Improvements — MSC-421 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 Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: ..A warranty bond guaranteeing the .final amount of work and materials for six months. If your performance bond does not include specific wording for a six-month warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, CP Liz Ehring, CIVIC Assistant City Clerk LE:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Agreement Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followup\cashcont\cashcon-lefter.doc (Telephone: 714-536.5227 ) ACOEUZ CERTIFICAT F LIABILITY INSURA - DATE (MM/DDNYYY 04/28/2004) PRODUCER (949)852-0909 Milestone Insurance Brokers P.O. Box 19598 8 Corporate Park, Ste 130 Irvine, CA 92623-9598 FAX (94 852-1131 DOS 0 "� (�}'�'� - 7oZ./ ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Nobest, Inc.L� P.O. Box 874 Westminster, CA 92684 �ni% J ` /� /Z f� INSURERA: Westchester Surplus Lines Ins. INSURERS: Amer Cas Co of Reading PA INSURER C: INSURER D: INSURER E: COVERAGES V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT am TYPE_LM OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GLW777023 08/03/2003 10/01/2004 EACH OCCURRENCE $ 11000,0001 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,001 CLAIMS MADE Q OCCUR MED ESE XP (Any one person)) $ S 00 A PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE S 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000.00( POLICY PRO- JECT LOC AUTOMOBILE LIABILITY BUA2051S87213 08/03/2003 08/03/2004 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) S 1' 000 00 ALL OWNED AUTOS $ 500 COMP DEDUCTIBLE BODILY INJURY B SCHEDULED AUTOS 1, 000 COLL DEDUCTIBLE (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY MLW774582 08/03/2003 08/03/2004 EACH OCCURRENCE $ 1 000,00 X OCCUR CLAIMS MADE AGGREGATE $ 11000,000 A $ $ DEDUCTIBLE ARROVED TO FORJ'�; RETENTION $ $ WORKERS COMPENSATION AND WT.0 STATU- OTH- EMPLOYERS' LIABILITY ANY /EXCLUDED? ECUTIVE JE I ER M City Att /d/oy E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER ma If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S THER ontractors Equipment TCP2051587163 08/03/2003 08/03/2004 Limit $100,000 Special Form B Leased/ Rented Equip. $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of Huntington Beach, its elected or appointed officials, agents, officers, employees and olunteers are added as Additional Insureds/ Primary and non contributory per CG2010 endorsement ttached. RE: Project 1-2405, Contract #MSC-421, Project Name: Tree removal and the reconstruction nd improvement of various residential streets, Huntington Beach CA 92646 Except ten (10) days notice of cancellation for non payment of premium. CERTIFICATE HAI nFR CANCFI I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1fr4X06 MAIL City of Huntington Beach *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Dave Verone XK X)QXIi6YM)6 XNXD0bU9(XX 2000 Main Street ifs(D611yN6XI KK*)0h=i XXXX"JEl(XD(XXXXXXXX AUTHORIZED REPRESENTATIVE [Roxan Huntington Beach, CA 92646 Hon ROX ACORD 25 (2001/08) ©ACORD CORPORATION 1988 • • Policy Number: GLW777023 Carrier: Westchester Surplus Lines Ins. Expires: 10/01 /2004 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES 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, its elected or appointed officials, agents, officers, employees and volunteers 3000 Main Street Huntington Beach CA 92646 RE: Project 1-2405, Contract #MSC-421, Project Name: Tree removal and the reconstruction and improvement of various residential streets, Huntington Beach CA 92646 (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 ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of `your work" for that insured by or for you. Any aggregate limits apply on a per project basis. The insurance afforded to the Additional Insured is primary. If the Additional Insured has other insurance Which is applicable to the loss on an excess of contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. CG 20 10 1185 Copyright Insurance Services Office, Inc. 1984 a CEI.ICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE APRIL 28, 2004 GROUP: POLICY NUMBER: 6693043-2003 CERTIFICATE ID: 15 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92646 RE: PROJECT 1-2405, CONTRACT #MSC-421, PROJECT NAME: TREE REMOVAL AND RECONSTRUCTION AND IMPROVEMENT OF VARIOUS STREETS. This is to certify that we have issued a valid Worker's 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 policies 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 may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. �(A� AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE AVIFVER D A TO FO 41dloq JEMMTH,C�ityvAttorney EMPLOYER NOBEST, INC. PO BOX 874 WESTMINSTER CA 92684 SCIF 10262E rEPF-UI: B41 r REC iVED BY: , (Name) C�/- jo (o)� Z, CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: S i Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for —4/2,62L-J % ,/lJG . (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Co ncil Approval Date) Agenda Item No. City Clerk Vault No. r //O-6OJ,-.�,0 #27 g:/followup/bondletter.doc 0 • OLD Hu TINGTON BEACH City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM:P-6ric Chadonne, Construction Manager DATE: January 4, 2005 SUBJECT: Retention Release Payment Company Name: Nobest Inc. Address: P.O. Box 874 City, State and Zip Code: Westminister, CA 92684 Phone Number: (714) 892-5583 Business License Number:A 186848 Local Address: N/A Notice of Completion Date: October 25, 2004 Contract Purpose: Retention Release for Miscellaneous Service Contract 421, Street Rehab. 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 pA-W—bn t ject his time. Date / Robert F. Beardsley, Public Works GU I certify that there are no outstanding invoices on file. Date idenrich, 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. 1) D e Joan Flynn, Clerk MSC 421 retention release memo.doc 1/4/2005 3:23 PM PLEASE COMPLETE THIS INFORMATION I RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I!IIIIIIIIIIIIIIIIII!':IIII!IIII! IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IIII!III NO FEE 2004000958527 08:57am 10125104 107 23 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Nobest Incorporated who was the company thereon for doing the following work to -wit: TREE REMOVAL, RECONSTRUCTION AND IMPROVEMENT OF VARIOUS STREETS, MSC-421 That said work was completed October 8, 2004 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 20, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract, Contractors Bonding and Insurance Company was surety for the bond given by the said company -as required -by ii3vr. � This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this October 20, 2004. Director of Public Wor s or ity 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 20, 2004. Director of Public Works or Cyly Engineer City of Huntington Beach, C Iifornia THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.059-TITLE PAGE (R7/95) i 11 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: 4*Freidenrich, City Treasurer FROM: DATE: ILI—� SUBJECT: Bond Acceptance I have received the bonds for (Obmplany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved _ A (o ncil Approval D te) Agenda Item No. City Clerk Vault No. /NCO -- 6 7u #27 g:/followup/bondletter doc • CJ MAINTENANCE BOND KNOW ALL MIN BY THESE PRESENTS: Bond No. CE 1282 M That, Nobest Incorporated as Principal, and Contractors Bonding and Insurance Company , a corporation organized under the laws of the State of Washington and authorized to do a surety business in the State of California , as Surety, are held and firmly bound unto the City of Huntington Beach in the sum ofNme hundred thirteen thousand one hundred seventeen and 22/100 ($ 913,11712 1 lawfid money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, frm ly by these presents: SEALED with our seals and dated this October 20, 2004 WHEREAS, on the the said Nobest Incorporated as contractor, entered into a contract for Tree Removal and the Reconstruction and Improvement of Various Residential Streets for the sum of Eight hundred fifty-four thousand eight hundred fifty-eight and 22/100 ($ 854,858.22 } and, WHEREAS, under the terms of the specifications for said work, the said Nobest Incorporated is required to give a bond for Nine hundred thirteen thousand one hundred seventeen and 22/100 ($ 913,117 22 to protect the City of Huntington Beach against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until.a period of one year Now, THEREFORE, if the said Nobest Incorporated shall for a period of one year from and after the date of the completion and acceptance of same by said Nobest Incorporated replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. VROD O FORCiCity tt //rh Linda D. Coats, Attorney in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On f'i— Z0,_ before me, Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public) personally appeared Larry Nodland Names) of Signets► ❑ 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), KAY E. ANDERSON or the entity upon behalf of which the person(s) acted, - D executed the instrument. COMM. #9304678 Q NORARYKAIM-CAAOM W ORANGE COMY -• V)mj Comp. EXP. June 18.211% WITNESS my hand 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: M A t Nth C-liz ?!;,� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ® Corporate Officer Title(s): President ❑ Partner — iO Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ;- ❑ Other: Top of thumb here Signer Is Representing Signer's Name: Fol Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here 0 19% National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-718e Prod. No. 5907 Reorder. Can Ton -Free 1-800.876.6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On OCT 2 0 2004 personally appeared ® Personally known to me - or - ❑ Euoc, � S Y. CHRISTINE M. RAPP '+v C4 4. I"t "` CON1 M # 1494518 X � 4 N^TARYPUBLIGCALIFORNIA r o ORANGE COUNTY N °gtrosr+� My Comm. Expires JULY 9, 2008 Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER Linda D. Coats NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official OPTIONAL OF Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LMTED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 00°ep��o apGeeoBBp°a a o a e' l 0>cee eP a000eo .o:ve na o Id" LIMITED POWER'OFATTORNEY I consents, releases and other similar documentsrequized-by an obligee under a_ - contract bonded by the Company; This appointment is made under :the authority of the `Board of Directors of the ;Company roaj-rvn:Vi u��lvv Oo00e°00e°°eo0epbo0 o ed i�5'mo�e555Yi e �t�p-�44jfl®�i4jeej��. eo�°o,oere°w'geooo°,°°4co�°4oee°deeod°oe°d°eedaoed°a°,e,°' s,opo,°;ooe4°evodooeodeeo°dco�e°ea e°eee°°er�peoe°ovo°eeoo°oe°oee�ee ee°eoe°eeoeo oe °e °ewaooe°a°o!lodo4006pedoedapo°oee°�w�eoeoe o°4e lobed0dodeplo;4,e°e,�0oo,o;p4oleebodtplpo4°e6p;eeee,,��ea ,o �°4alod°de°dol o0°aceo oo°a°°°°emopop°eeo0bod04ep6We,;em9Y40""eq o°oeoeae�;�pe,oep oaeee oecpea; oedou!° °o `4oaa�o�' °a°e°:eoeooe °e°tee�aeo°°�qee<o�c��000°oecooeo°e°°ooa°a°°vo°° a �.� �.� o tea•► o �° �r •��►°Oe°ee e, �� o°ea +r ° �... o a�.r ve°° a.� oo° s.e o a.��°e° °° �.'�..► a e o �� °o°°e o °9°° Company Profile • • Page 1 of 2 Company Profile CONTRACTORS BONDING AND INSURANCE COMPANY P0BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 372o6 ffia 3000-7 May 31, 1985 UNLIMITED -NORMAL Property & Casualty WASHINGTON 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. AUTOMOBILE BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_Co_prof utl.get_co_proPp_EI... 10/28/2004 Company Profile Page z of z • MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE 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 Financial Rating Organizations Last Revised - October oi, z004 o6:24 AM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof Utl.get_co_proPp_EI... 10/28/2004 101119/2004 04:47 7143741573 CHB ENG PAGE 04/04 eo ate- -Z�I City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92649 Subject, Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on NISe-y iect No, /VA< sr -g-- Tide 7P K E5 r )�o tv�� hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by bim or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, artd that the work performed by each such laborer, mechanic, apprentice'or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. &cc mhmnI 10/19/2004 04:47 7143741573 CHB ENG PAGE 03/04 DECLARATION OF SATISFACTION OF CLAIMS 1, ��J8QIE-. t" �'-rJes���o�Z�+►.r�6 _ ,state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled TREE X&-YnovAL_l REs sTs A45c—t12( and dated 2. All workers and persons employed, all firms suppl51ng materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been Bled under the provisions of the statutes of the State of California: (if none, state " NONE'l 0 I declare under penalty of perjury that the foregoing is true and correct. Executed at �g7cnl/ this 2,0 day of �T r) 'CONSENT OF • OWNER ❑ • SURETY COMPANY ARCHITECT R a TO FINAL PAYMENT OTHESURETY ❑ (SIMILAR TO AIA DOCUMENT G707) CE 1.282 PROJECT: Tree Removal, Reconstruction and Improvement of (name, address) Various Residential Streets Msc421 TO (Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 1 CONTRACTOR: Nobest Incorporated ARCHITECTS PROJECT NO: CONTRACT FOR: I CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Contractors Bonding and Insurance Company 111 Pacifica, Suite 350,1rvine, CA 9268 , SURETY COMPANY, on bond Of (here insert name and address of Contractor) Nobest Incorporated P.O. Box 874 Westminster, CA 92684 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Man Street, Huntington Beach, CA 92648 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this Attest: (Seal): 20TH day of October , 2004 Arch Insurance Company !ppanyTO - A� Signature of Authorized Representative Linda D. Coats, Attorney in Fact Title Note: This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT State of California County of Orange On OCT 2 0 2004 personally appeared Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER Linda D. Coats NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they CHRISTINE M. RAPP executed the same in his/her/their, authorized capacity(ies), CONgM. # 1494518 Xand that by his/her/their signature(s) on the instrument the frUBLIGCAL!F ORANGE COUNTYTY person(s), or the entity upon behalf of which the person(s) ORANGE pV My Comm. Expires JULY 9, 2008 acted, executed the instrument. WITNESS my hand and officia eal. (SIGNATURE O NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT BONGS LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Power of Attorney Executed On or After: MAY 31ST, 2005 Number:934190 Only an unaltered original of this Power of Attorney document is valid. A valid original of this document is printed on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company"). The original document contains a watermark with the letters "cbic" embedded in the paper rather than printed upon it. The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: DOUGLAS A. RAPP and LINDA D. COATS its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney -in -Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company------------------------------------------ ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------- - CERTIFICATE 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. "ond Number CE 1282 Signed and sealed this 20th day of October 2004 R. Kirk Eland, Secretary CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 a (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) Poat.P0A-07-U S051104 e e0o°1° ieo.06B°e °•a° o i o° eBa • U PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: March 11, 2004 March 18, 2004 March 25, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 25 , 2004 at Costa Mesa, California. Signature SECTION A NOTICE INVITING SEALED BIDS for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS 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 receives 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 PM on March 29, 2004: Bids will be publicly open 'in the Council Chambersunless' otherwise posted. P` 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 42648,4 upon payment of. a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefund,- able fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the IState Labor Code. Pur- suant toithe 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, 92Hun- tington Beach, CA 648. The AGENCY. will de- duct a 10% will from all progress pay- ments. The Contractor may substitute an es-, (crow holder surety of jequal value to the retention in accordance with the provisions of the California Govern- ment 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 re- sponse to this notice and will not be dis- criminated 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 con- sidered unless it is; prepared on the ap proved Proposal forms in conformance with the Instructions to Bidders. The, bid must be ac- companied by a certified check, cashier's check, or bidder's bond made, payablertp the AGENCY; for',an,a'mount no less. thar 109 of the amount, bid. The successful', bidder shall be licensed' �.in .accordance" with; provisions of the Busi- ness and Professions) Code and shall possess) a State Contractor's License Class at the! time of the bid opening.' The successful Con tractor and his sub-� contractors will be' required to possess; business licenses from, the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take, all bids under advise', ment for _'a maximum, period of 60days. BY ORDER,'of•the CITY COUNCIL,,fof the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of February, 2004. I Attest: Connie Brockway CITY CLERK OF THE CITY' OF HUNTINGTON BEACH( Published Huntington,• Beach Independent March 11, 18, 25, 2004 032-282 • H UNTIN'GTON BEACH. DE. D I N ENT Client Reference 1%1SC 41Z Huntington Beach Independent Reference # C) 3 Z-- Z.g Z-- Dear advertiser: Enclosed is a clipping of your ad from the first publication, beginning on and expiring on If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this ad is $ z c%z O° Thanks for your cooperation and patronage. Sincerely, X-1 1X' Z-�- Michael Sletten Legal Advertising 18682 Beach Blvd., Ste.160, Huntington Beach, California 92646 (714) 965-3030 Fax (714) 965-7174 A Publication of Times Community News • A Division of the flora Angeles (Times • • S.. NOTICE!' 3r'l1ED BIDS for the , tE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS inths 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, Cali- fornia 92648, up to the hour of 2:00 PM on March 29, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefund- able fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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, Hun- tington Beach, CA 92648. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an es- crow holder surety of equal value to the retention in accordance with the provisions of the California Govern- ment 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 re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid sTiN"e corr- sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied 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 Busi- ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Con- tractor and his sub- contractors will be required to possess business licenses from the AGENCY. The AGENCY re=rves 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 16th day of February 2004. fittest: Annie Brockway 'ITY CLERK OF THE CITY )F HUNTINGTON BEACH Published Huntington 3each Independent March 11, 18, 25, 2004 - )32-282 Company Profile 0 � Page 1 of 2 D Cal meftntmof Company Profile Insurance CONTRACTORS BONDING AND INSURANCE COMPANY POBOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference. Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 372o6 0000 3000-7 May 31, 1985 UNLIMITED -NORMAL Property & Casualty WASHINGTON 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. AUTOMOBILE BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_EID... 5/4/2004 Company Profile • MISCELLANEOUS • PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information f� Company Enforcement Action Documents ' Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - April 26, z004 oz:zz PM Copyright © California Department of Insurance Disclaimer Page z of z http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_EID... 5/4/2004 DECLARATION OF SATISFACTION OF CLAIMS state:. (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either 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: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) g:followup\cashcont\cashcon2.doc procedure #15 (Signature of Contractor) APPROVED AS TO FORM 4E N I F E R McORATH, City Attorney ka;ah Sutton 12�(1 �3 ity Attorney • City of Huntington Beach' Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title'Vll of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM ;JEJFERMcG9RATIKI CityAttorney ah Sutton/� City Attorney 1 Z/ g:followup\cashcont\cashcon 1.doc procedure #14 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) est NobIncorporated KNOW�ALL MEN BY THESE PRESENTS, that we rP as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Tree Removal and the Reconstruction and Improvement of Various Residential Streets MSC-421 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness 17th day of March 2004 Nobest Incorporated Prip6pal .. (Seal) By: ame/Title Contractors bonding and Insurance Company Surety (Seal) By: - -%�, C�-Y-Fk;' Linda D. Coats Attorney-m-Fact ORSC 21328 (5/97) r CALIFORNIA ALL-PURPOM ACKNOWLEDGMENT State of California County of Orange On before me, Kay E. Anderson/Notary Public , I Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Pubfin I, personally appeared Larry Nodland Name(s) o1 signer(s) ❑ personally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person(s) I' 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. ( KAY E. ANDERSON a fb MD"F WITNESS my hand and official seal. CRANM QOL Y ?7 W CwM ENP. tuns 13, 20M Signature of Notary Puolit: 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: tDa� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i ❑ Individual ® Corporate Officer Tittle(s): President ❑ Partner — (] Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator E� ❑ Other; lop of thumb here Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): p_ Partner Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee _ ❑ Guardian or Conservator t ❑ Other _ Top of thumb here Signer Is Representing: 0 1995 Nations, Notary Assocabon • 8236 Remmet Ave., P.O. Boa 7184 • Canoga Panr, CA 91309-718a Prod. No. 5907 Reorder. Cal Too -Free 1.800-876-682' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. on MAR 1-7 2004 , before me, CIMSTINE M. RA" NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public") personally appeared LINDA D. COATS Name(s) of Signer(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence .�: ".�►�:.. CHRISTI EN M. RAPPi a� COMM. #1267189 NOTARY PUBLIC. CALIFORNIA M ORANGE COUNTY My Comm. Exp. July E, 2004 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. WIT ESS my hand and official�se 05 5 Place Notary Seal Above. Signature of Nqlary Pubilic. s 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 — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: -Top of thumb here 0 1999 National Notary Assoclalion • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.nationalrtotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.80P876-6927 0 0 e ee ��o eoe�ee ��oeeeeo ° e eoeo i ��rooe000e� COOOesB .�.aape 00°0° Bee o° �e � °e o• ;°. a e°eo>eeep we°,QaOpi�a°90000oe°o.a�o0o00000ee (''o.� ei9gP1v�9oe° o e° e�.oe o e°e � 0°e°eel o_OOi a°o°e a o° �;•aeooeoo°e ivli9vii9oe vAe o oaep000 e e °i�a°o: o°e , ego oe0oge0o00�0 = vd�00i °0 �i .eoeo>eoe°�=°eeo°oeo a°0°e000000°°� eo000000� Ov99Pivp9v,'°vv�i?lid ♦e• o•e� eoo 0vee 000� e• Oeie••� FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND �/o�ESt' life. FOR &eeon vhr"c .r, f1.►odVa✓�-�-,�� V-f 11.A4/ewd / sne'e7S TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS, AND SPECIFICATIONS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE- ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 2 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND /✓o,6es�' ant. FOR 11 Q�E de;W.4/,4 , Thf ,QE��StaaoTien rC�,.��.�F�icr�� THIS AGREEMENT ("Agreement") made and entered into this _ L day of &—� /L 20v, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and /t/,vit s -) 4 , a California d-110 , , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ;�AfF Awa&e4l mw Ar ezeaR dkuo4n cra .�r�i�b�oolCal� o>< ��iact QfSie�EnTa� ,�Il�'fS in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performedunder this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- agree.lforms/federal CDGB 4-03 1 income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 agree/forms/federal CDGB 4-03 2 • this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, 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; agree/forms/federal CDGB 4-03 3 0 • E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by. CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 E •y,�t N.V.11e6i TTwEety Ej�t 4t4os Dollars 4($ Fs y . gt . ZZ as set forth in qa/ fi.>to�4r Two Gtgti. the Contract Documents, to be paid as provided in this Agreement. agree/forms/federal CDGB 4-03 4 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 completion within (�� consecutive Waa/ein; from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete 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 agree/forms/federal CDGB 4-03 5 necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in agree/forms/federal CDGB 4-03 6 the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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 agree/forms federal CDGB 4-03 7 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 �Jj e N44*JJ1CAJ Dollars ($ 5db. ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties .hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and 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 agree/forms/federal CDGB 4-03 8 CJ • 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 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, agree/forms/federal CDGB 4.03 9 - i • 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. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon . completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail. subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion dateas in its sole judgment the findings warrant. agree/foraWfederal CDGB 4-03 10 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 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a' Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who -shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the agree/forms/federal CDGB 4-03 11 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. 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 agree/forms/federal CDGB 4-03 12 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agree/forms/federal CDGB 4-03 13 • 0 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 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. agree/forms/federal CDGB 4-03 14 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice agree/forms/federal CDGB 4-03 15 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. 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 '/z %) 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 no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal CDGB 4-03 16 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate agreeMorms/Cederal CDGB 4-03 17 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beac ATTN: D�a d i 4 Vercn e. 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: "7boo /.�e.ocita � 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 agree/forms/federal CDGB 4-03 18 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 shall bear its own attorney's fees and 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. agree/forms'federal CDGB 4-03 19 • 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, agree/forms/federal CDGB 4-03 20 • • shall set forth minimum number and job titles subject.to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work. shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts agree/forms/federal CDGB 4-03 21 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or. mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without agree/forms/federal CDGB 4-03 22 regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agree/fonns!federal CDGB 4-03 23 • 0 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of agree/forns/federal CDGB 4-03 24 any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of agree/forms/federal CDGB 4-03 25 wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the - construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/forms/federal CDGB 4-03 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. agree/forms/federal CDGB 4-03 27 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the. CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless agree!forms/federal CDGB 4-03 28 the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS.' Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the.. types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1-)(iv) that the wages of any laborer or mechanic include the amount agree/forms/federal CDGB 4-03 29 of any costs reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the. registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget. under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: agree/Corms/federal CDGB 4-03 30 0 • That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/forms/federal CDGB 4-03 31 0 0 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/forms/federal CDGB 4-03 32 • 9 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 E • Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. . The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/forms/federal CDGB 4-03 35 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agreeiforms/federal CDGB 4-03 - 36 0 s indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agree/forms/federal CDGB 4-03 37 60. CONTRACT TERMINATION, DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 B. Violation; Liabilijy for Unpaid Wages, Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties 'acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agree/fortnVfederal CDGB 4-03 39 • • 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. 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 ITS: (circle one) Chai nnAn/Presi den t(Vice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California e�4 Mayor 4TTEST: City Clerk AS TO FORM: CP Ro13ER-r �IoD nrD. mSFL vll� C, At rney 5�1�01 print nae ITS: (circle one) Secretary/Chief Financial Officer/Asst.. Secretary - Treasurer INITI D AND AP VED: REVIEWED AND APPRO D: /%� D�1/ Director of Public Works X nn� dl IrI I' _ City agree/forms/federal CDGB 4-03 40 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On April 29,2004 before me, Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public") personally appeared Larry Nodland & Robert Nodland II , Name(s) of Signer(s) ❑ personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), KAY E. ANDERSON or the entity upon behalf of which the person(s) acted, COMM. 91304678 executed the instrument. a Y; owu+c OW! -- 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: Contract Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ® Corporate Officer Title(s): President & Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or ConservatoriW ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 19% National Notary Assouabon • 8236 Remmet Ave.. P.O. ao: 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Can Toll -Free 1.800.876.6827 a i SECTION C �}- PROPOSAL for the 4 TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND ' MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY. ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid, include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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. e Accompanying this proposal of bid, find /4iO �M,d in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-2 • . MSC-421 Project Bid Schedule Phase 1 - CDBG Streets Included: Fir Drive. Emerald Lane. Cypress Avenue, Michael Drive, Darsy Drive ITEM APPROXIMATE NO. += QUATITY _. _> ITEMWITH.-UNIT. PRICESMWRITTEN IN_WORDS:_. = .PRICE ` :TOTAL REMOVE/DISPOSE OF PARKWAY TREES bW, a8, 1 47 AT S,x (-�v.w%•e T) lWc -� PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 17264 AT PER SF 1. '- 1-7 PARKWAY EXCAVATION 3 19330 AT 6tte e PER SF REMOVE/REPLACE IRRIGATION 9YSTEM IN PARKWAY 4 67 AT PER EA. Imo• /oasn. REMOVE/REPLACE WATER MET BOXES 5 43 AT /(w c'C ai PER EA. ZS.'r- 40?s REMOVE/DISPOSE OF CURB AND GUTTER 6 4290 ATyz �S PER LF S_ REMOVE/DISPOSE OF ASPHALT CONCRETE 7 4290 AT 71we, Qy1tot_/s PER LF Z-� g�o REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 5640 AT k-t< 2�64(&,- r PER SF j•�ro 7ggGu REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 9261 AT %uo 1�/l�c�s PER SF REMOVE/DISPOSE OF SPANDRAL 10 5417 AT 7L-tic) L-ld</�rS PER SF 2- �0 8 CONSTRUCT P.C.C. CURB AND GUTTER �, ti8o, 11 4290 AT 7Z��-+a ( r-e_ 6�����i PER LF 1Z• CONSTRUCT P.C.C. DRIVEWAY 12 5640 AT 771re'-e- t�w44,s PER SF 3• �' ���gfO' CONSTRUCT P.C.C. SIDEWALK 13 17264 AT 7Z-Jo PER SF Z • - $`l,S�fr CONSTRUCT P.C.C. ASPHALT CONCRETE gs �_ 'T °qs' 14 107 AT f < ,� 3 PER TON CONS UCT WHEEL CHAIR RAMP AT TL J6 PER SF 15 900 CONSTRUCT SPANDRAL y. 16 5417 AT TOag- Zd<larg PER SF 2i CONSTRUCT CROSS GUTTER -` 17 9261 AT f yor- PER SF 41. — 37,ay9• FURNISH/INSTALL ROOT BARRIER 18 47 AT PER EA. /0 PLACE NEW PARKWAY TOP SOIL AND RESEED 20���. 19 67 AT Zr a",W -ec PER SF 30 EXCAVATE 2' X 2' HOLE & PLANT TREE 20 47 AT 0&t_ e e%/1tW1-1/ 9Q40/4rwS PER EA. NO 21 12080 COLD PLANE AT T&ue y C-e,,yf-J PER SF 1,01 L�v • • MSC-421 Project Bid Schedule ITEM;, AP No.:' ONE & ONE-HALF INCH OVERLAY 22 392 AT PER TON 51, °4 2bj ADJUST WATER VALVES 23 12 AT PER EA. ZOO. ADJUST MANHOLES 24 9 AT / PER EA. ZSb, Z�2sa, Total Amount Bid in Figures: $ 77f 7. 100 Total Amount Bid in Words: I r grKe,c ram! H psi✓ .Srx ok " MSC-421 Project Bid Schedule. Phase 2 - Measure M Streets Included- Sunliaht Drive_ Rambler Drive. Thunderbird Circle. Snarrow Drive IT APPROXIMATE UNIT NO QUATITY, . ... .. ITEM:WITH. UNIT PRICEV.WRITTEN IN;WORDS_ .. _ PRICE TOTAL REMOV /DISPO/SE OF PARKWAY TREES 9/N 1 81 AT /7t/A �o'�%Cc�-S PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK �� 2 23932 AT--4gze PER SF �• Z393z PARKWAY EXCAVATION 3 29915 AT C-r�PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 30 AT /CGS PER EA. / SD• 4/�SW� REMOVE/REPLACE WATER METER BOXES 5 76 AT - ✓ - Z S PER EA. REMOVE/DISPOS OF CURB AND GUTTER 6 5983 AT � �-� �'`'l v-e �//cGr'S PER LF g: Q` 21 /S REMOVE/DISPOSE OF ASPHALT CONCRETE 7 5983 AT �/ PER LF REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 4305 AT / PER SF REMOVE/DISPOSE OF EXISTING C OSS GUTTER 9 6615 AT ram' PER SF REMOVE/DISPOSE OF SPANDRAL 10 4515 AT 7z<JG PER SF Z, P-' 1,030,� CONSTRUCT P.C.C. CURB AND GUTTER 11 5983 AT Tc,,C� /lGt✓s PER LF CONSTRUCT P.C.C. DRIVEWAY 12 4305 AT L PER SF _ CONSTRUCT P.C.C. SIDEWALK 13 23932 AT &, o / PER SF Z. — Y7,,8&1r, CONSTRUCT P.C.C. ASPHALT CONCRETE 14 149 AT 4,-ed � c PER TON �'$' °' 647 CONSTRUCT EEL CHAIR RAMP 15 8550 AT Tu�U PER SF 2 • 17,/00- CONSTRUCT SPANDRAL 16 4515 AT PER SF CONSTRUCT CROSS GUTTER 17 6615 AT lGc.- PER SF If 76-,4/6 0, FURNISH/INSTALL ROOT BARRIER 18 81 , AT e5ZPu-e PER EA. 1 DO. PLACE Nf W PARKWAY TOP/SOIL AND RESEED 19 84 AT / GG,-r-e 1� PER SF 300. �= . ZS EXCAVATE 2' X 2' HO E & PLANT TREE ° 20 81 AT 0 �.t� / �i� PER EA. /00. - 8/00 COLD PLANE - 21 13706 AT %tc� �'QUr C,Pt r PER SF 2i 3,?� Z MSC-421 Project Bid Schedule Phase 2 - Measure M Sfreetc Included- Sunlinht Drive_ Ramhler Drive_ Thunderbird Circle. Snarrew Drive ITEM -APPROXIMATE::- s UNIT .NO . QUATITY ITEM. -,WITH. UNIT PRICES WRITTEN,IN W..ORDS ::=5., . = PRICE .TOTAL ONE & ONE-HALF INCH OVERLAY 27z 22 736 AT PER TON 34W4,10r ADJUST WATER VA VES / AT Zu���PER EA. 23 6 ADJUST MANHOLES � 24 4 AT PER EA. ZT0. QQ Total Amount Bid in Figures: is t-/ 77 q30. Total Amount Bid in Words: r vmL_ pwftsc 1 ' 12 01 I'd 0 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is iD of�/C'. 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. OAddress of Bidder Gr/Lrs���,css/? 6;1 921,,gel Subscribed and sworn to before me this .?-I day of A4 AIMW , 20 � . NOTARY PUBLIC 6KAY E. ANDERSON COMM. #1304678 NO Q TARYPUBLIC- CAUFOR MA +3i . ORANMOO MY 10iComm 6V. Jule 13, 2005 NOTARY SEAL C4 - 0 0 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 I�T 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-4ill be furnished copies of all subcontracts entered into and bonds ` _ fiirnis}ied-by`subcontractor for this project. C-3 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained_ or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3 - Z9 - O`) 11Ur, C-5 • • DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any. officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S Zvi ,v Contractor Title . C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 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: T"e Bidder Name 'W/�� Business Address City, State Zip �171V� rdgZ-SS�3 Telephone Number 3<S9� Z 2- State Contractor's License No. and Class Original Date Issued /�i Expiration Date The work site was inspected by IAX&' 210�4'sof our office on 3/ 23 , 2005( The following are persons, firms, and corporations having a principal interest in this proposal: M "O-D ..4 N!:> K0 T AIQ-L�ND W-- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name le O l7L'O'�b Printed or Typed Sig'uJe' Subscribed and sworn to before me this day of M14C614 , 2001. KAY E. ANDERSON M COMM. #J1304678 m WTAWR"-cu►F0MA M S - ORANGE OX Mll ly cow E* Jung 13.200;i NOTARY PUBLIC 15?al I 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: ,5�- Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF MANHATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 $1,052,000.00 $ 342,500.00 $ 400,000.00 $ 647,700.00 $ 222,000.00 CITY OF&NTINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney • RLS No. Assn To :Date Date: Request made by: Telephone: Department: 5/4/04 David Veron 8471 PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)` (Allow 15-20 working days)* ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attorney's Office receives the RLS. This request s view d and approved. ,/ signature ot Depa ent Head Please review and approve "As to Form" the following contract documents furnished by Nobest Incorporated contractor for the Tree Removal and the Reconstruction and Improvement of Various Residential Streets project. Project MSC -421 1. Payment Bond # CE1282 2. Performance Bond #CE1282 3. Insurance Accord 4. Agreement — for signature only (with attachment A) MAY 0 6 2004 City of Huntington Beach City Attorney's Office \RI R fnrm Hrin 1;/d/9nnA 9-A, PKA / Council/Agency Meeting Held: /� Deferred/Continued to: )�(Approved ❑ Conditionally Approved ❑ Denied �' / L-L — . u y C rk's ignat e Council Meeting Date: April 19, 2004 Departm nt I Number: PW 04-025 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION d SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administrator OW-d �' CD :r PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works v — VID C. BIGGS, Director of Economic Development40 �-Ctbcl' SUBJECT: AWARD CONSTRUCTION CONTRACT FOR STREET IMPROVEMENTS, MSC-421 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On March 29, 2004, bids were received for the Street Improvement Project, MSC-421. The project consists of street, curb, gutter, and sidewalk improvements to nine residential streets. Staff recommends award to Nobest Inc. as the lowest responsive and responsible bidder. Funding Source: 1. Funds in the amount of $500,000 are budgeted in the Measure M Fund, Pedestrian Improvements, Account number 21390004.82300. 2. Funds in the amount of $392,856 are budgeted in the Community Development Block Grant Fund, Curb/Sidewalk Construction 03/04, Account number 86690001.82000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Nobest Inc. in the amount of $854,828.22; and, 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids, and provide staff with alternative direction. This action would delay completion of the project. E-71 *REQUEST FOR ACTION • MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PW 04-025 Analysis: Sunlight Drive, Rambler Drive, Thunderbird Circle, and Sparrow Drive are residential streets. The homeowners on these streets have signed petitions requesting the City to remove and replace the trees, and repair the concrete damage to curbs, gutters and sidewalks caused by the trees. A list of petition streets is maintained, and repairs are typically completed in the order received, as funding allows. This work was advertised as Phase 2, with a cost estimate of $500,000. Other streets with tree damage are in designated Community Development Block Grant (CDBG) Enhancement Areas and have been selected for improvements through the CDBG process. Fir Drive, Emerald Lane, Cypress Avenue, Michael Drive, and Darsy Drive qualify for CDBG funding. The cost estimate for Phase 1 was $380,000. On March 29, 2004, bids were received and publicly opened by the City Clerk's Office and are listed below in ascending order: Rank Bidder Name Phase 1 Phase 2 Total Bid Submitted by Vendor Corrected Bid based on Bid Schedules 1 Nobest Inc $377,397.60 $477,430.62 $ 854,828.22 2 All American Asphalt $390,996.78 $477,884.22 $ 868,881.00 3 Orion Contracting $381,357.20 $512,418.20 $ 893,775.40 4 Alliance Streetworks $413,470.40 $528,394.60 $ 933,877.00 $ 941,865.00 5 Damon Construction $465,586.00 $614,055.60 $1,080,261.60 $1,079,641.60 6 Shawnan $474,351.20 $614,398.55 $1,088,749.70 $1,088,749.75 7 C&J 1 $497,017.501 $638,891.501 $1,137,529.50 1 $1,135,909.00 8 Palp Inc. 1 $549,785.951 $684,624.35 $1,234,410.30 The reference check for Nobest Incorporated provided acceptable responses from past and current clients. Staff recommends award to Nobest Inc. in the amount of $854,828.22. Public Works Commission: The Public Works Commission reviewed and recommended this project by unanimous vote on January 21, 2004. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): RCA Author: Jones/Flynn G:\R C A\2004\04-025 Apr 19 Flynn (Award Street Improvement Proj. MS-421).DOT -2- 4/5/2004 10:05 AM ATTACHMENT #1 Attachment 1 Edinger Ave. ,600, 7=6 (SHPG. 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E g d 1S742 O m i 55661 151n1 c 15661 J m ISM C t O R St S R G p G G G g lY p Sparrow Dr. R Q SS R A „ 17 F N IR R a a p Skylark Dr. a n a p O. C. 15712 15721 J ism C E 15732 C 13742 IS731 J E E 15752 IS751 = U = 1S762- 15801 Ism Ism - Ism 151131 15612 15ca 15641 13= Ism 15585 ,5651 ls. 5322 53S2 1S542 15531 ISS71 Ism 1s602 15"1 15622 isstt IMM is6S1 ism 1005 15661 5281 is661 C 5412 544 15552 15551 156M 16571 isr4n 15M2 156xf uesl Ism 15671 ,5702 15701 5252 M52 M112 54M 5412 S"2 5462 1s731 52aS- 033 5355 5376 538s 5415 $431 1S751 Ind" Mal Ilr Isom =06 S332 S362 962 Mu 64S6 15601 ISM M05 5331 S361 5301 5405 W1 SASS 1s611 rroaualon ur. 5202 5312 5332 6362 -S291 5321 5321 Isms isial system ur. 15= j 5266 s272 5262F-15732 $362 F. C. D. Edinger Ave. n 5 N i5067 5432 5362 'ts 5 C 15012 A 1-1 EDISON SUB STATION 7S02 17211 7=1 Attachment 1 Warner Ave. - 7672 Tau 1m, '°6x 7572 7614 Fir Dr I In4, 8 71" UARD AN ENTER ] 1702 17051 17041 170 m ,71 Caen Ve. 17121 - m 7252 7762 nt7 C 1170a1 J B 6 17071 170 17091 ,7700 +7061 5 d 1710I 1T001 17104 -3 17001 /n - 17f 1710, be 17101 t W ,d tt+o: ,a O n+u 1710a E rnv Sl r. 17241 171 17121 1T1u 17121 17. .� 17It6 n+2+ ml1 17132 17131 n+31 a '$ 1 3422 17131 762, ress Ave. 17241 Cyp ess.Av i$. I r$ 13 n . - M40 7042 171 s1 tnel 7762 777 N 1717, 171n 17171 "'62 17171 nm ttns nI� tt+a+ 17241 17112 17101 17122 Mal a O E 17100 17191 17211 17202 1nt1 In01 +not in16 17211 tt102 1n11 17212 N 17241 ,723x tn71 17= 1722, 1T121 tn3o 17231 M W ° Z e p I" 8 e to tnsl 'n 1n31 F OAK VIEW SCHOOL 1n \V 17121 Mandrel] Dr. t72 Kristin Cir. 1n ma+ W mat Q $ 11 1= In7 1na2 g '� ,nn 1720 met AK VI 1731 o e 8 s ,n SOLTEROS +r282 1»01 1000 BEACH) POLICE 17321 m APTS. (17241 OAK) SUB- 1n3+ , STATION Barton Dr. __ - 1n01 77300 17331 n4 F 1735 [7 (17300-01) N 17371 17372 m mat ,nax Ina d mat d m 1n3, Ina+ ,nag 17371 11 1i71 t17371 7 tn71m nm6 17301 17411 17362 17MI Ing 17381 1736x 17301 17412 , j 173e1. 1738 .5 In91 + ,n 17121 i.% MN 1736 E 17317401 17402 m0 17422 17411 7' 1741 17411 17412 1711 173 c ilio+ N 1A1 17411 Mi Wagon Dr. - T74e1 17432 ,742, 742 � 174 17421 17422 1742 1-1-2 Q 174 17421 17422 17401 17461 t74N 174 17431 17432 17431 17462 17 17431 I7437 _ 1744 17 17441 17442 1744 17 17441 I7442 ,747, ,74a1 17472 ,7462 •� �` {� $ g 70,1 174n 17471 8 Slater Ave. 5 17502 17322 nas: +7ss na+o I7591 17612 17621 I- 17672 17682 17692 17712 T 6091 Vj ,7122 m '.0 'U (0 CJ � ma • • Attachment 1 Slater Ave. e112 g0 B $ N T. 8.b0521 I7501 1730: � ^, �j 'I '�+� H:,"-',' t7311 47522 t t7sax7r�--Ompalzcir- 17321 ,73221730 M41 17Stl 17642 17541 JIna 17se7 M31 5 ,7ss, m C'756e ,7ss1 17352 17661O 17sH 1756D1766f 17s62 175e, m 17572 g y7 ® g gg U g y) etel �, 17561 m Ui ITSe2 Mai C H ' 175e1 173e2 e121 rs 1 e2, 175 ¢ Rosanna Dr. _i 17610 73 61{Z t.N t� �. ",I 17 C 17616 n `e C� S ' � ib Nd2 ext 17612 '7601 i E 17622 17621 m 6261 ea 62e1 M21 e]11 e021 e07 V17641 C 17502 17522 17651" Darsy Dr. 17676 17651 1764e � n 8 � 17 . Benjamin Dr. i , 176e0 U 1T 1 17671 176e, 17674 �' - �_ 6 y N 174 j t76e2 .5 176e: 1762' WA1 Noble Or. 17692 c 17692 IT61 17710 �h B tl a 8 ii m1 �I �I+rpy I 17711 i7 m2: pDr. mu e19+ ant 6201 e221 a � 6 i $ 'g i m22 Newman Ave. 17622 17952 17712. 17772 5 j � L a 1795 - Jalm Dr. as6s a77, Mel Talbert Ave. 0 1 ATTACHMENT #2 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 1 2 2 4 5 5 5 6 6 7 7 7 9 10 11 11 12 12 12 13 13 14 15 15 16 16 17 17 17 17 18 18 • FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 19 34. INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 20 37. CONSENT 20 38. COMPLIANCE WITH APPLICABLE REGULATIONS 20 39. MINIMUM WAGES 22 40. PREVAILING WAGE LAW 25 41. WITHHOLDING 25 42. HEALTH AND SAFETY 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 44. APPRENTICES AND TRAINEES 27 45. PAYROLLS AND BASIC RECORDS 29 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 47. SUBCONTRACTS 32 48. FEDERAL PARTICIPATION 32 49. DAVIS-BACON ACT 33 50. DISPUTES CONCERNING LABOR STANDARDS 33 51. CERTIFICATION OF LIABILITY 33 52. DISCRIMINATION, MINORITIES, ALIENS 34 53. EQUAL EMPLOYMENT OPPORTUNITY ..34 54. COPELAND "ANTI -KICKBACK" ACT 35 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 57. ENERGY CONSERVATION ..37 58. HOUSING AND URBAN DEVELOPMENT 37 59. SUBCONTRACTS 37 60. CONTRACT TERMINATION; DEBARMENT 38 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 63. ENTIRETY 39 7 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- agree/forms/federal CDGB 4-03 1 CJ income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 agree/forms/federal CDGB 4-03 2 this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, 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; agree/forms/federal CDGB 4-03 3 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. agree/forms/federal CDGB 4-03 4 0 • 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 completion within () consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete 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 agree/forms/federal CDGB 4-03 5 necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated .by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in agree/forms/federal CDGB 4-03 6 the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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 agree/forms/federal CDGB 4-03 7 forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR -will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/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 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 agree/forms/federal CDGB 4-03 8 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 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, agree/forms/federal CDGB 4-03 9 • E 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. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. agree/forms/federal CDGB 4-03 10 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 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the agree/forms/federal CDGB 4-03 11 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. 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 agree/forms/federal CDGB 4-03 12 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering agree/forms/federal CDGB 4-03 13 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 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 agree/forms/federal CDGB 4-03 14 • 0 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice agree/forms/federal CDGB 4-03 15 • 0 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. 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 % %) 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 no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal CDGB 4-03 16 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate agree/forms/federal CDGB 4-03 17 • • different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/federal CDGB 4-03 18 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 shall bear its own attorney's fees and 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. agree/forms/federal CDGB 4-03 19 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, agree/forms/federal CDGB 4-03 20 • shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a Ending that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts agree/forms/federal CDGB 4-03 21 and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without agree/forms/federal CDGB 4-03 22 regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of . the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized agree/forms/federal CDGB 4-03 23 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of agree/forms/federal CDGB 4-03 24 any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of agree/forms/federal CDGB 4-03 25 wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the- CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/forms/federal CDGB 4-03 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. agree/forms/federal CDGB 4-03 27 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless agree/forms/federal CDGB 4-03 28 the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agree/forms/federal CDGB 4-03 29 of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management. and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: agree/forms/federal CDGB 4-03 30 That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/forms/federal CDGB 4-03 31 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/forms/federal CDGB 4-03 32 • rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR agree/forms/federal CDGB 4-03 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of -influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/forms/federal CDGB 4-03 34 Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/forms/federal CDGB 4-03 35 • 0 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental. protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agree/forms/federal CDGB 4-03 36 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq. ). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agree/forms/federal CDGB 4-03 37 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/forms/federal CDGB 4-03 38 B. Violation; Liabili , for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agree/forms/federal CDGB 4-03 39 warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that 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. 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 print name ITS: (circle one) Chairman/PresidentNice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/federal CDGB 4-03 40 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works RCA. ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Street Improvements, MSC-421 COUNCIL MEETING DATE: Aril 19, 2004 RCA. ATTAC H M ENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATIONrFOR MISSING ATTACHMENTS REVIEWED RETURNED FORYMPyPED Administrative Staff ) Assistant City Administrator Initial ( ) ) City Administrator Initial ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Jones/Flynn REQUEST FOR ACTION MEETING DATE: April 19, 2004 DEPARTMENT ID NUMBER: PW 04-025 Analysis: Sunlight Drive, Rambler Drive, Thunderbird Circle, and Sparrow Drive are reside ntia1.streets. The homeowners on these streets have signed petitions requesting the City to remove and replace.the.trees and. repair the concrete damage to curbs gutters and: sidewalks caused bythe trees. Mist of petition streets is maintained, and repairs are typically completed in the order received, as funding allows. This work was advertised as Phase 2, with a cost estimate of $500,000. Other streets with tree damage are in designated Community Development Block Grant (CDBG) Enhancement Areas and have been selected for improvements through the CDBG process. Fir Drive, Emerald Lane, Cypress Avenue, Michael Drive, and Darsy Drive qualify for CDBG funding. The cost estimate for Phase 1 was $380,000. On March 29, 2004, bids were received and publicly opened by the City Clerk's Office and are listed below in ascendina order: Rank Bidder Name Phase 1 Phase 2 Total Bid Submitted by Vendor Corrected Bid based on Bid Schedules 1 Nobest Inc $377,397.60 $477,430.62 $ 854,828.22 2 All American Asphalt $390;996.78 $477,884.22 $ 868,881.00 3 10rion Contracting $381,357.20 $512,418.20 $ 893,775.40 4 lAlliance Streetworks $413,470.40 . $528,394.60 $ 933,877.00 $ 941,865.00 5 Damon Construction . $465,586.00 $614,055 60 $1,080,261.60 $1;079,641.60 6 Shawnan $474,351.20 $614;398:55 $1,088,749.70 $1;0881749:75 7 C&J 1 $497,017.501 $638,891.50 $1,137,529.50 $1,135,909.00 8 Palp Inc. 1 $549,785.951 $684,624.35 $1,234,410.30 The reference check for Nobest Incorporated provided acceptable responses from past and current clients. Staff recommends award to Nobest Inc. in the amount of $854,828.22. Public Works Commission: The Public Works Commission reviewed and recommended this project by unanimous vote on January 21, 2004. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA: Attachment(s): RCA Author: Jones/Flynn G:\R C A\2004\04-025 Apr 19 Flynn (Award Street Improvement Proj. MS-421).DOT -2- 4/5/2004 10:05 AM 0 • BIDDER'S NAME RANK TOTAL BID AMOUNT* 1. S9,-L3, $ p 2. $ 6. �kJOZJ (�/J-/C-774t /,Aj A 3 `7l p • 3� c 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ CITY Or HUNTINGTON BEACH, CA 1004 MAR 30 P 2: 00 c (1 bs =1 d 0E R7W hoot M VJ-,H3V38 NOIDNIiNRN Jo 'kilo p..J FJ CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 375-8430 Date: March 3.2004 ProjecVC.C. No.: MSC 421 Regarding: Reconstruction of Various Residential Streets ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Collies Pa es D.escri tion 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On February 16, 2004, the City Council authorized the advertisement of the Reconstruction of Various Residential Streets. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days: 3/11, 3/18 and 3/25. The bid opening is scheduled for 3/29/04 at 2:00 PM at the Council Chambers. Please contact me at extension 5042 with any questions you may have. c: By: Jason Churchill Street/Facility Supervisor D:\DOCUMENTS AND SETTING\CHURCHA\MY DocumEws\GRANTS AND CONTilAm\CONfRACTS\TREE PETT0N\CONTmcr\MSC- 421 \MSC421TRANsToCl.rrmj= SECTION A NOTICE INVITING SEALED BIDS for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS 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 PM on March 29, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. 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 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 16th day of February. 2004. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 (7) • February 17, 2004 - CounAgency Agenda - Page 7 C-1. Council Committee/Council Liaison Reports C-1a. (City Council) Accept the Resianation of Flint Morrison and Approve the Appointment of David S. Barton to the Personnel Commission with a Term to Expire June 30, 2004. (110.20) Communication from Mayor Pro Tern Jill Hardy and City Councilmembers Dave Sullivan and Gill Coerper, Liaisons to the Personnel Commission transmitting the following Statement of Issue: Council liaisons to the Personnel Commission have reviewed applications to fill one current vacancy on the Personnel Commission due to the resignation of a member in November 2003. Recommended Action: Motion to Accept the resignation of Flint Morrison and approve the appointment of David S. Barton with a term to expire June 30, 2004. Approved 6-0-1 (Houchen out of room) C-2. City Administrator's Report C-2a. (City Administrator's Report) Announcement Highlighting the Departments of Economic Development and Public Works Re: Agenda Item E-9 to Approve Plans and Specifications and Authorize the Advertisement for Bids for Reconstruction of Various Residential Street Improvements (including Streets Funded with Community Development Block Grant (CDBG) Funds); MSC-421 (600.90) City Administrator Ray Silver will highlight Agenda Item E-9, submitted by the Economic Development Department and the Public Works Department. "`A PowerPoint presentation titled Authorize the Construction of Various Street and Sidewalk Improvements — MSC 421 is included in the agenda packet. Public Works Director Robert F. Beardsley presented. D. Public Hearings - None TITY OF MEETING DATE: February 17, 2004 HUNTI EACH �� Y� " ' 6J 'dies DEPARTMENT ID NUMBER: PW 04-016 Council/Agency Meeting Held: _ Deferred/Continued to: &provej ❑ Conditionally A prove ❑ Denied 1A, S Si tune Council Meeting Date: February 17, 2004 Department ID Number: PW 04-016 CITY OF HUNTINGTON BEACH o C _ REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS M: SUBMITTED BY: RAY SILVER, City Administratorpt.sa cJ- ' D PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works AVID C. BIGGS, Director of Economic Development SUBJECT: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF VARIOUS STREET IMPROVEMENTS, MSC-421 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the construction of various residential street improvements, MSC-421. Authorization to advertise the project for competitive bids is requested. Funding Source: 1. Funds in the amount of $500,000 are budgeted in the Measure M Fund, Pedestrian Improvements, Account number 21390004.82300. 2. Funds in the amount of $392,856 are budgeted in the Community Development Block Grant Fund, Curb/Sidewalk Construction 03/04, Account number 86690001.82000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request public bids for the reconstruction of various residential streets, MSC — 421. Alternative Action(s): Deny the request to advertise the project for bid at this time, and provide staff with alternate direction. This action would delay completion of the project. G:\R C A\2004\04-016 Feb 17 Flynn (Authorize Bid MSC 421).doc -2- 1/28/2004 2:41 PM It REQUEST FOR COUNCIL ACTIQN MEETING DATE: February 17, 2004 DEPARTMENT ID NUMBER: PW 04-016 Analysis: Sunlight Drive, Rambler Drive, Thunderbird Circle, and Sparrow Drive are residential streets. The homeowners on these streets have signed petitions requesting the City to remove and replace the trees, and repair the concrete damage to curbs, gutters and sidewalks caused by the trees. The City maintains a list of such streets and repairs are typically completed in the order received, as funding allows. The engineer's cost estimate for this portion of the project is $500,000. Other streets with tree damage are in designated Community Development Block Grant (CDBG) Enhancement Areas and have been selected for improvements through the CDBG process. Two of the streets were on the petition list; the others show significant tree damage. Fir Drive, Emerald Lane, Cypress Avenue, Michael Drive, and Darsy Drive qualify for CDBG funding. The engineer's cost estimate for this portion of the project is $380,000. Public Works Commission: The Public Works Commission reviewed and approved the recommended action on January 21, 2004, with a vote of 7-0. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): RCA Author: Jones/Flynn/Brunson :jg G:\R C A\2004\04-016 Feb 17 Flynn (Authorize Bid MSC 421).doc -2= 1/29/2004 8:32 AM (9) 0 February 17, 2004 - Councimency Agenda - Page 9 E-5. (City Council) Adopt Resolution No. 2004-13 Armrovina the Updated Citv's Emergency Operations Plan (Including Terrorist Response Plan) Prepared by the Fire Department (510.20) — Adopt Resolution No. 2004-13 — "A Resolution of the City Council of the City of Huntington Beach Approving the City's Emergency Operations Plan." Submitted by the Fire Chief. Funding Source: None required. (Refer to 5:00 p.m. Study Session for introduction of the Plan.) Approved 6-0-1 (Houchen out of room) E-6. (City Council) Approve the Purchase of Two Replacement Fire Department Ambulances and Authorize Appropriation of Funds (320.45) —1. Approve the purchase of two replacement ambulances; and 2. Approve an appropriation of $175,130 from the FireMed Fund balance to the Equipment Replacement Fund. Submitted by the Fire Chief. Funding Source: As stated above. Approved 6-0-1 (Houchen out of room) E-7. (City Council) Approve Agreement between the City and the County of Orange Authorizing Transfer of Weapons of Mass Destruction (WMD) Equipment to the City Pursuant to 2003 State Homeland Security Grant (600.25) — Approve and authorize the Mayor and City Clerk to execute the Agreement to Transfer Equipment for FY 2003 State Homeland Security Grant Purposes authorizing the County of Orange to transfer WMD equipment to the City of Huntington Beach. Submitted by the Fire Chief. Funding Source: None required. Approved 6-0-1 (Houchen out of room) E-8. (City Council) Adopt Resolution No. 2004-14 Findina and Declarina Weeds and Rubbish a Public Nuisance and Fixing April 19, 2004 as the Administrative Public Hearing Date for Protests and Objections to the Abatement Thereof (520.80) Adopt Resolution No. 2004-14 - "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof for April 19, 2004. Submitted by the Public Works Director. Funding Source: No funds are required at this time. Approved 6-0-1 (Houchen out of room) E-9. (City Council) Approve Plans and Specifications and Authorize the Director of Public Works to Advertise for Bids for Reconstruction of Various Residential Street Improvements: MSC-421 (600.90) — Approve the project plans and specifications and authorize the Director of Public Works to request public bids for the reconstruction of various residential streets, MSC-421. Submitted by the Economic Development Director and the Public Works Director. Funding Source: $500,000 — Measure M Fund, Pedestrian Improvement Account and $392,856 — Community Development Block Grant Fund, Curb/Sidewalk Construction 03/04 Account. (The Request for Council Action (RCA) lists Sunlight Drive, Rambler Drive, Thunderbird Circle and Sparrow Drive, along with those streets qualifying for Community Development Block Grant (CDBG) funds: Fir Drive, Emerald Lane, Cypress Avenue, Michael Drive and Darsy Drive.) Approved as amended by Late Communication announced earlier by Assistant City Clerk Liz Ehring 6-0-1 (Houchen out of room) ATTACHMENT #1 Attachment 1 mu n4e >zzz 714 TMG (SHPG. CTR.) 16087 7702 (GLENDALE Edinger Ave. 16001 7700 7962 16091 16171 T11f a g s o r6r�r Bluesails Dr. 161a1 p (,66 K F 2 9-_ g J i 167 w 3 m 16s, mEii g E S = 9 9n' 9a ° 1a7 ,et 16171 c G Stonewood Dr. 1s+ x g 6 8 76197 ,61 16101 ,6192 1 ~ 19:9, +e: ,00 , ,en, ts9m j ,em1 ,� 701 Candlellght Cir. ' IV31 Bouquet Dr. ` I " +624 18241 11041 1624+ io42 ,a:sz lost ,on ,ns+ ,6xs: 'fir $ $ w - ,e:bt 169a1 182m tare, ,exit O Tox, Starlight Cir. 5 ,6282 162b1 19M 10281 Ion Ill. 1.1 1. 16000 16791 18307 10202 C 76302 16301 ,600t S B B j y 3 16712 to11 tolx o11 1C J 14312 1022 LL721 C Cir. 1603x ta001 806 17 1061 16761Cn 16667 16082 1077 ton Valentine Dr. ,o� 1617, 7701 Ib181 7201 Murdy Cir. FIRE n°' I STA. I Uj -vi ��o • 7a Heil Ave. 16291 M, 7067 T402 7f60 74sa i6m 16102 74" Lorge Cir. 7431 7t52 ,at7b 7494 ,818i ,Q12 16000 1092 B S 7321 GS.) BL 16ux 1 Regatta Dr. g a R A "a k il i "a Bobbie Cir. Ira c Niguel Cir. I® INNN NNINN Adelia Cir. Attachment 1 IM, 2158i _ _ xtsex 21371 2,50, Haiti Dr. 21582 21582 21592 21691 21592 21591 2IS92 1,60+ 71602 21601 21602 2161, J 21612 21622 21611 21612 21622 21621 ALUL 21632 2+w, 21531 �. 218 02 21631 210M 21U1 m 31842 21M, 21"1 0 2166, 216M 21681 21662 21652 21672 U P 67, 21677 7,tlt 11663 21681 I 21662 215a, i ll 21092 31G7, 2,692 7,691 21692 21702 tt701 2170x 2t70, 21702 21712 /.6 �1 Rhodesia Dr. V / C 21722 O Cz m gg t :,nx Cof a s a a ! x - - CD I 21752 M Bermuda Dr. 3 0 X Kahului Or NUNN ®®NO Mahalo Dr. I Ave. :+s, m J Neolani Dr. 2151, z154: 2154 216R 11.1 115.2 S 21S51 2'S52 2' ?I= 21551 21352 21561 - "a 3 a 2157, :,� 7157 21572 21571 21572 11571 21581 21562 2158 215" 21581 21582 21601 Keoki Cir. '21591 5 H602 2161 C a 21592 Mot J :1592 21591 21501 A I,802 S+W 21602 21801 Y 21W2 7t601 to $ _ - $ 218,1 i0 a 21612 2161 t n612 21611 CO 2,6,2 21611 O m a 3 d a - a C Y N 2107 21on 2162 21522 21621 2,622- 21021 AIII Cir. 21601 21673 21 21632 21631 21632 '21631 a C 316/1 l/u2 21M 2164 21841 21643 -31811 $ 3S $ -2,65, 2,653 2,65 rs2 21651 21652 7, 651 d d 8 a 21H7 a Malahine Or. 2166 �'�� lolani Cir. 7f6e, 3+69z & ti �� n66 j21691 Pao :nm i Mokihana Dr. (n 21 r21 b9i 21i01 24n 21711 9771 3� 11741 N y1 , ti 7 M1�ti 2+751 Hudson Dr. 21761 21781 21751 Iy.,��9 as a y 21782 3,78t 1: 9372 w 21772 11771 ` 21772 2,771 U EADER SCHOOL ="a' 7787 319' = 218' 2,WI 21W3 21W, z 2,802 21WI (9291 BANNING) 318,1 I1812 201/ 1L 21812 511 9791 -C J 21R3 21821 9M1 �-947f 21521 N Rambler Dr. 3 841 m 5 a a & d a $ I 901 4a Gr. wuGulstrand $ a 9.62 Kapaa Dr. 2i003 _ 21901 21807 1W1 - 21902 8 a — — 21011 p.st t+91a 9z61 219u loll 2192, 219,2 ��22 s q31922 Daytona Cir. 9.0 193, M $ df M - - - - 9291 21031 71902 21922 a a a a 9.ax 1941 219., g Aloha Dr. 5 PARK 3 91N �11` '� u rn - 21971 9.81 m Banning Ave.. 2 .Attachment I CITY Oh % WESTMINSTER -06 A 4 Attachment 1 — — — — — Mc Fadden Ave. { t5 COASTLINE I COMMUNITY COLLEGE a a il a s� i 15512 + (ROBINWOOD SCHOOL) 155" Partridge Cir. 15� l 5/72 ,5551 _C.1 ,SSw i IS571 C x tSse, d 15582 ISM Pheasant Cir. 15602 g ,�6„ 16913 (5172 Mc. FADDEN l Isom Q _ S_ 1562tA ^ ^ ^ 8i 1 v't p a �'- „ ST SS 51 15631 Dovewood Dr. „ g 15662 15655 15662 ,Seat Isum g St Si 5t SS Si l 15w7 15671 15672 14w1 ,s672 15971 igp v�R� Is= ISM Ism 19"1 15702 ISMISM 15712 15711 ,5712 Ism 15715721 15A2 /3721 J Ism C ISM J J is= Is731 5 ,5732 ,s731 E ,s732 1a V Flamingo Cir. E c a 15742 E I57a2 15741 P 157a2 IS741 t11 g 1 3 l N di IIon & R m15752 ,5751 to Ism IMI � 15752 (� 157w 15761 157e2 15761 = .1570 15e01 ism 15"1 Ism 15771 15772 IBlue Jay Or. Ism 15791 Ism ISM +FM 1s= 15s31 I � a � � � � g � g ,seo2 ,seo1 E0.12 1sao, St P 1551+ ,sa11 ISM a a a N 15a21 Ism +sue 15e41 ,sau l Robinwood Dr. ,ses1 l se71 c ,See1 � m ISM t ISM O ( 15911 Sparrow Dr. s ~' 7 a a a a a 'a s322 535t Ina 15531 15571 155e2 15602 15591 Is= ISM Is= tSa1 is. 1005 15661 S201 1s6a, 5112 5152 C J D Isss1 15552 ,5a, Is= C J us92 cliem s 15571 1 631 15632 t5w1 15951 1w0, 1567, E11.2 ,5701 52a2 S352 slw $402 5412 SW 5462 ISM S2es 5333 3355 5375 5395 5415 5431 1s7S1 ISM Ism tsea, 15w, ua62 ism ,saw Ism 15902 u91z 1sa22 ,nnn.f-1 nr tsa02 5306 S332 SSW 53w 5432 5456 15501 15642 SIRS 5331 53SI 5361 5405 ' 5431 sass ,set, rroaucuon ur. sm s3,2 5332 5362 5211 5321 $321 15905 Skylark Dr. , �, s272 s292 i53 fit jj 53 SS h g g O. C. F. C. Edinger Ave. 5 m uew sau stw ro �9 ib ,See,I ,S, EDISON 5392 Sow SUB STATION 75a2 7572 7614 17121 '1121 17211 17211 17121 '731, 7614 Attachment 1 Warner Ave. - FI Dr 7867 UARD AN ,roa1 CENT RR 7b11 7642 tro ,ros, 17041 ,ro ,707, Cam ve. fro 1706, ns2 776x 7e12 g J ,7011 17061 17102 12 ,)0 ,rop1 17190 17091 ..1 17091 0) 5 �3 ma N m n+ ma+ m 110' t E E m 17102 n+u n1„ W `a moe W SI r. 17117121 771,1 171N 7r7t6 17241 17,x1 .r} iT32 17131 +7241 '7'a, 7921 1714'Cypress Ave. ,na, Gyp ese Ave 8 8 $ — 0140 7p42 1711l FT762 77► ^j 17171 ATM lint 17112 V7574 nm 17+75 n+ex 17+e1 rn 17192 IT", E 17100 M91 1n41 +7192 17191 W 1n02 1— 17212 17201 MIS I -ma 17211 m„ 17212 ,n� 4' 1ns 17231 tnaz 17221 1n70 ,m+ m n +m+ 17231 to U F 8 e +n lnst OAK VIEW SCHOOL /724' 17262Kristin Cfr. 'n m Mandrell Dr. 1n61 17261 - Q $ 17282 g +rn Inn - 1� to m6x 1n41 77p mot AK VI 'n' a - $ s' SOLTEROS 1000 BEACH) POLICE ,n: APTS. (17241 OAK) SUB- Ina Y t7700 STATION Barton Dr. ,not Ina1 1774 +net $ R C ❑ (17300-01) y R72 m6+ d ms 1n mat met Ins +n Y 1736 ,»a1 173711737 +n 17371 inn 17371 +n 17317301177e1 I ,rah, 17M "1ne m +n Jc,n917n9 C m ir4o, Ira02n9 m +n A ttaol 1741 741 17N1 17Nx not y 04' tlaT1 17a1 Wagon Dr. — 17402 17ax S 174 17421 17422 1742C! 174 f7afl 17422 17401 ,7441 na42 0 174a, 174 17431 17432 17431 174 1T4a1 17432 17461 17462 17" 17 17441 17442 174411 17 1T441 17U2 I74fl 17472 (+ r n4a1 17462ER rF t: $ 8 S g 701 17473 I747, Slater Ave. 5 ,7sox n5x] 1755x N555 17610 17561 1761] 17611 1764x 17573 17682 17692 17nx F •P•� 6041 9 ,nu m L U N m 1nu 176]] 17777 1'NS] Attachment 1 Slater Ave. git U ' „ ,7501 s „ I 175x1 17521 17522 17.1 ! 17= e n 175x, 17522 �, , p ,�" 6/x1 175t] 17541 17542 17541 . 1754x � 17567 Opal CIL 17651 J 17551 C +7au 17551 175M 17661 . 17566 1122 _ 175t1 C 0 17566 17661 1756] 17561 17 I inninng_g 36 �_�yy H ��It g p01 17561 m 1756] ,7561 D C N ' t7561 I 17562 612t _ 17M 8311 175 Drg 1 17501 j 17610 7616 C� a ttt� $ $ g am �' ggRosanna N tl id 176 1761x 02 17601 g �] III 176]2 17671 m 1w+ 67i 6x61 11"1 6711 =1 am 17641 1C0 7711M 176x] 17651 " Darsy Dr. YW 77661 1760 Benjamin Dr. 17660 f t766D 5 Ut I ne71 17661 6t71 g N _ g N H tl $ _ n if C 17672 I t766] 17674 1 C 17601 6241 Noble Cir. _M12m ,7e6x 1n6+ 177,0 �~ g 9 9 6 - 13 o m1 EI Amoy +m+ tl Ina o q infix inn 1n4] Clr. ' o iIns m M 67ax a 1776x 1n/1 t► .� 17M. I wnenant Of. C S 17301 d■1 i j p J L 170� Jalm Dr. q71 M61 Talbert Ave. Authorize the Construction of Various Street and Sidewalk Improvements nnsc 421 a CU M �Q Q Funding Source ;;LL,ow j Jim - &Street Listing o - ;_ CD aD w $i00,000 _D T Measure M Fund Thunderbird Circle* (RD 117 - Sparrow Drive* (RD 146) — Sunlight Drive* (RD 251) — Rambler Drive* (RD 475) $392,856 CDBG Fund Fir Drive, Emerald Lane, & Cypress Avenue (RD 272) — Michael Drive*, & Darsy Drive* (RD 283) * Tree Petition Streets REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Public Works Fsu Council Meeting Date: 2/17/04 Street Improvements MSC 421 Date of This Request: 2/11/04 REASON(Why is this RCA being submitted late?): Late notification of request for City Administrator item presentation C-2a EXPLANATION(Why is this RCA necessary to this agenda?): Requested by City Administrator CONSEQUENCES How shall delay of this RCA adversely impact the City?): City Administrator item does not have visual aid. /J Sig ture: De rtment H 0 Approved 0 Denied Ray Silver City Administrator MSC 421 Slide 07/14/94 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR RECONSTRUCTION OF VARIOUS STREETS, MSC 421 COUNCIL MEETING DATE: February 17, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORff RDED Administrative Staff ( ) ( ) Assistant City Administrator Initial ) ( ) City Administrator Initial ( ��v City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Jones/Flynn/Brunson Attachment A OF Ur! i II!C I* % ?�i-,CH, CA Edinger Ave. 7004 cc° ' : , 7O12 71.s 7=1 7t (SHRG. CTR.) rM ,ss9t 7M ,aa 7= 77a (GLENDALE FEDERAL lets x f� R7t,4 4 .. � g 1e»r Blue"Is Dr, y `r tar ■■ QQ � A ,_� h 1 9t Istst03 s) gg is O C 0 1s1 1411 7c _ ■! ^ n _ ,. Stonewood Dr. 8 t/, P, 161 1s12, Islet Jy,e1 ,+, r7 r 7251 Murry Or. i670t Is" laz '� FIRE WCaandlalight Ian �72" STA. Cir. ' a" Bouquet Dr. 1a21 10 +as tau ta" 10242 3 ,its 1031 +ast last Kin t laa Iasi Ian last ,aa O 5 taw last IOU 11281 Ian v Starllght Gr. Ism Iasi ,aQ ,a., ,aQ v P k7t �QQ ,am soot ,aa 1ao+ ,aa +au 1a1, 1 1C,2 ia,1 S 1012 ,aa 1021 ,aa tar r= m ,an 7ou Moonli ht Cir. 9 1 +su, 10 m +aa2 Iasi � ,ton i. ig IC 8 S 'as' +1114 last ct +as2 +aSl m ,434 tssa last Isms 'am Ism ,an tOS77 ,sS71 tab 4371 16M Valentine Dr. Ism Iasi loan last ,aa ep, K a R s R F tail, 18392 IdN laa ,as, ,aa 16W, ,s4a IOW, 1601,42 ,asl _ Sunlight Dr. �� •� _ A .ii 46 _ PM Heil Ave. T7a 7W2 L-1 74" IM72 :eta 74" Cir. 742A 7451 Lorge 74U 18124 ,s1a IW2 DRAIN CRANNE17— +aoo tam (SL S MI GS.) B lWI t251 1 L L + • Attachment A i Regatta Dr.. Bobbie Cir, 5 Ids 5 Nipuet Or. Adelia Cir. �i�1��IFl Haid Dr. "-' Rhodesia Dr. 20 - Bermuda Dr. 1177t 217r2— met xnet yy 3 _ _ _ ale0, 21a01 8t d6 77,1 Kahului Dr. 31821 211122 1p� 8 a 21821 I,e'22 4 21841 it651 ; Mahalo Dr. I10H c jZ _ .J 71e71 21672 — — — 21ee, Q 4 i6 u — « O : O a �1 2f 21e02 Ite9t Kapaa Dr. Aloha Dr. 5 F Hamilton Ave. 71� m 21922 2101 J Neolani Dr, 21542 21541 21x2 215d 21542 21541 21542 21x1 a a 21602 2155t 7SS: _2155 21562 21WI 2,eR 21661 3 215" 7157, 21577 2157 21677 71671 21577 21571 21582 21501 S15H 2198 21662 -21"1 2,Se2 2tse1 Keokl Cir. 21"1 C 21682 mov C J. 21522 71501 J 21. 2f•A1 J � "� �+ a . 21502 21802 11601 l0 21602 2,60 p Y 21e02 tp 2160, �1p[ 10 21602 21601 pC a a 7+e„ E 71612I 2+0t 2te+2 C 2t611 R 2,6„ 21812 01 S d a 21412 21621 71622 21e7 Y 210" 2181 21322 31e21 N Alit Cir. J1622 7167, I,a22 2162 - z+622 2faS1 2i677 2101 � 21622 0 71xt 21642 2164 216q 21xt 71x2 7164, iSS g a a 21642 21651 21662 2155 3t661 2105t 21652 216511 a A a 11602 U 2+6n Malahine Dr. 2, 86 85i �'� lolani Cir. 11672 21"2 T,64t 2,662 S a z, 21892 21611 21692 21MI 11702 2171: 217 11 Moklhana Dr. W 21722 c 21721 Sa a 2tR2 77n1 Ei xn2t742 21741 �' `� 8971 1 ?�j - J� M1 'C' 21741 �. 21152 21751 ' .C' ti �` 2t751 Hudson Dr. . '"a 21751 2170 21761 11762 tir �p1 F a 21772 21771 L: 21772 21771 71m U 21r92 EADER SCHOOL 21791 :1792 am1 a 2t792 21791 21a02 71e01 21602 ;aet t 21a07 21801 21812 (9291 BANNING) 21e/2 21911 LL 21812 21011 71511 2t022 9291 71821 J 11822 21871' eii, 9/p 21a7 2+x+ m Rambler � Dr. 21542 r--� 21ai1 rn a iS a a S 3 i a 21652 2186` g 1a "� 9U1 • aim. 21672 z1ef1 VGufstrrand Cir, 21882 69 9452 r121902 P 2,901a 2„1-- 9281 2191f s 2112 ' a 9 - 9461 a" "a � 21912 7tW 21.1 Daytona Cfr. az61 71831 9402 21061 a s4s2 �,a PARK 21"2 21061 _ g q 8 3 a x21 dh� Ave. 2,971 9/61 Banning -SEE VICINITY MAP 453-A 2 475 • Attachment A • CrrY OF VWEST19 ENSTER �Q< �c T a 9 a.ai4s� to p x M� �7 aI.ai .m a �1 a Iii L * } I — I ;f SEarduaq.Dr. � }i ailN H]pl um wn w 1 s C wr- /—......... ` 'no M7�1 kkj9fA Qf. g ! 91 t f bpi .a •1.--..y v.__ .i1i9 Ital "Oki � 'ice — y WWI ri LtietNK Qi. "`� _ rl ��ae= ^��'r�`•�:I � � i.. 7! , � a1 i !t I w. q 7� � 1[ t R 1. i Y W17 fi71�r•� F ,-.Cii�00E Cif. to n tan , b all r 1ity1 ' 11.atl IL 5a> E1t� i�nr 1�1 an -sopw Clrjowl. i y� +� ,� t g i ^Y, iC � 7I Ig A 'Nil wn '` E;lot A \V " Frer!lafGf o 'j •c a fNNf4w7Yff67a} '� SS' q T 7WT" 0) I , , - IV7l pAliNQM —�--��C.MupHnClf. r ,� I rK�! ! G r7� pp SEE VICINITY MAP" 116-A 1.17 3 Attachment A Partridge Or. S R S IS$1 e c s a Pheasant Or. T R a j (5172 Mc FADDEN ,ea„ at Dovewood Dr. rj H tsaa ,sae, ism 1sa5, S S 6t A S R Si » i p 'ISM iml 15M swi g y{ a a „ Ism ,see, Ism awl Quail Or. Ism ISM Ism 15691 U3 — — -- — — Mc Fadden Ave. COASTLINE COMMUNITY COLLEGE 9sz 9a sssz 15331 (ROBINWOOD SCHOOL) ISM sin ISAI ISM ISM ,5W1 Is= 15511t ual ,sa,2 Isa,ri 13a92 ,sat, ,sea "6n Is"I Ell "� 10056a �„ $281 15601 o E Ism$ a ISM ISM N ism 15731 E Ism V m ,sr ISM ,afe1 Ism 167e1 _ ISM 1901 ISM 15"1 Ism 15"1 Ism Blue Jay Cir, u7a2 15111 1, m , ism Y[.tgj gR ISMIsom ISM uam ,SealIsom ,�, S Si bt S g !i _ ISau 'salt ,S/A iSa11 tS ISa2 ,Sal am iSa, t ism I Robinwood Dr. i tsaa, ,sa71 � uu1 ao Isw, •� utal Q I 16a11 IM awl Is7m tan, ts7m ism 1571, 15712 13711 15712 13721 Ism ISM ,sn2 15721 J ,S7a C Iml —i J +sru —ism.5 ,sm Iaa1 E Ism -a UL Flamingo Cir. E c a, 3 15742 1574, 1° 15742 15741 C WA2 E m � 8 S S a S g i a a A — n iI�WYNii� Ism Isees ism Production Dr. Isan Ism ISM Isom ISam 'Satz mom .0-00 -1 uo, System Dr. ua2 Skylark Dr. S q is Si 6i '.1 Sr R 01 rd r: i� �� �� SZn 52m 912 912 S7a SSi 54m I Of jj S $ b b $ 0. C. F. C. D. Edinger Ave. Ism ism ISM ism ®, ,s Ism tat ,sas1 Ism t5a7, ism tmf Stag 9S2 SSa 54m 94 Sa41 54a tS7S1 s2M Ssx 5155 SS75 S2a3 5415 S431 IS751 ISO= sm I SM S762 9a S4.II 5456 t5p1 IS842 9M =1 $341 57a1 S40 * $421 5435 ISM 5422 1 53a ISM EDISON SUB STATION 146 DIIE real Rt, 172.1 m tr,a mn m CW-XM tt+a1 Ave 0 1n•1 ,ra m ,rta, s 1,173 171j2 17191 tnH +r,iQ 17191 17202 m•1 ,nt2 17201 mix 17= 17231 OAK VIEW SCHOOL ,= L21 �. Mil ,rim t,ta N v+os tr,+s � tti ttnt +nit tnu 8 rota m21 Tess Ave. tt,•o r0,j cost M72 mrt m a „1r1 „1n rn 1702 Mal E 171" 1711111 u.t +n+s ,not t,tat inn = i m„ 17=1 1n1T Irmo trot cc tr22t � C tmt 'n 172s1 c; cc tn•, Kristin Ci m Mandrell Dr. r. N ,y h t t IL^= per+ to tnm that AK VI 'rt' v $ SOLTEROS POLICE ,73 m APTS. (17241OAK) SUB- 7700 STATION Barton Dr. ,,,,, +3+ S (17300-01) m „ss, m tn• , ,nsl 7262 Im + Y ,n ins+ 1 +m, 172 17371 Inn ,m 173 ,rsvt ma „ at ,rss , iron Mu me + 1741, 741 „jj 1,2l, m 72 1 17401 ttaot „>• 5 m 1,ao1 vat U +r. a m tt•1 gait 1,•12 lrat ttat 40 tt•H ttal n Wagon tt g Ira ma 1,•22Ell" Q tr• ttat tttII tract v is 1742 tta nut 17�32 tt• ttgf 1.12 tt'1ru1 „cat a ttw, vac trq, tra vet 114. $Mr - Slater$ E E C nit L! Ave. SEE VICINITY MAP 176-A 5 tnr+ 'rw 000 BEA, i,r21 17331 „wt tta,1 272 i • Attachment A +7eaQ tTe22 ,7ss: t77e6 17e 10 1TlH 17en ,7e�1 ,Tsa2 ,len ,7en ,rem +»u � +7732 m L V m msl gg Slater p Ave. ,fit 1fl21 175� 17321 I e11: = 1TS2t ,T532 r _p tTSat I Opal Or. eft L. e121 e `s gg U •• _ {{�t p Y lt hilt ,7sS, t7eN pp g 8 g 8 5 C � a —mj ,7so t75ee e2e, Not 175e1 t7u1 17"1 +lest C � � ,7e.: ,7ee2 IMI ,7512 17ee1 tiee2 Met 5 4 17M 17et1 + I t7At I Inv ,reel 1Sll ,7$p2 ea, I + Rosanna Dr. S „su I rnte u 17e2t nC i m _ e261 e2r am am e2D1 ®1 ntt 022 w, ess ,T612 17W I 17e1e 17e72 ,�, lies, +7en ' Damy Dr. 17e21 ,Tee+ I7W 1 " � R I Ben amin Dr. ,>n, 1I' Val ,7m 1767e owl a ii +T J C i Ireeo ,le e: cc 16°t aZ4+ Noble Clr. , 17e IR ,)en ,»ot 1T}t1 17710 n y ¢Q g if m+ 77r21 0° r A—oy I �vr oA'. e101 ell, : w net Newman Ave. S(2, } 3 }� "32, 177e2 Cir. , o r t77i2 m ma m see: n. 17M 17711 .tom ITY14 +rrr2 I I tlo....e a. t7f72 5 `elm In i I7o1 58 S S 3 a Ires2 Ixs: Jalm Dr. en, ele, Talbert Ave. 6 283 qx pl K UM�', IN V md�,"'MMM MIATNO 401, 1 w a 4 Rf}' -zk Downoy,,Qlk�, .1 CITY OF G I ON BEAC i C �j� "V?ryt RUN T I N �,O A 1 rA 1 A R' P om ai jp y*Si'r srrr o ' ry `4h n �f " A• 'WR2 _ I-- X, r, it - 4,� Al fly, a I-SP ZZ KIM'tittt 'kAol'-7 K t.o ;l 5'.•• '. AO-V AR )UWA Af 4), vly q M W-1 U 71 11C, jj? 02U.'t. �M- g SHAVVTNAN M rgg- 4� 12240 Woodruff Ave. Downey, CA 902,11 d c-A-r -1 �N i 4 R,1-17WC,_r0l') &Attk LA p g � 40 RV-44,v —on '4 YVT It V'. 16 uIMPROJE SECTION C PROPOSAL TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares.that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 n 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, att�the �CAGENCY'S option, be considered null and void. -MMER'J BMID Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 • • MSC-421 Project Bid Schedule Phase 1 - CDBG Streets Included: Fir Drive. Emerald Lane. Cvnress Avenue. Michael Drive. Darsv Drive ITEM APPROXIMATE UNIT NO. QUATITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL REMOVE/DI POS PARKWAY TREES 1 47 AT g,, L4, l ��ta YJ 0,--.71S PER EA. o, REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 17264 AT u-D tl,►as �,e PER SF Q, 13 KIM PARf�WAY EXCAVATION 3 19330 AT D (�,Rid( PER SF 29�b_ 3p ir>D REMOVE/REPLACF IRRIGATION SYSTEM IN PARKWAY 4 67 AT Si g ;4 J,,J DJU.,-y &A A0 te—ts PER EA. (SOD.! tiDIU,61 REMOVE/REPLACE YVATER METER BOXES 5 43 AT�w� 1� t+. 1 . ,,1�•.,FS �o [. �•,1� PER EA. Zcyxv Io7SDd� REMOVE/DISPOSE OF CURB AND GUTTER 6 4290 AT _Q,,1(4As D rtUr .. FS PER LF 7.r 300,50- REMOVE/DISPOSE OF ASPHALT CONCRETE If 7 4290 AT 1 W.V61kkt-s ,.,p Y,ot..,,.i% PER LF 2 858D4 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 5640 AT<-wo 170IkA..L& oQ AC) 6,4. s PER SF l Ito.~ REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 9261 ATIw,_De1k6 AO G.%+� PER SF �' ISSZZs REMOVE/DISPOSE OF SPANDRAL 10 5417 AT /WD J AoPER SF CONSTRUCT P.C.C. CURB AND GUTTER 11 4290 AT �;���. (l�yi4..�(c,�i5 PER LF fs,°� 3S0'2 CONSTRUCT P.C.C. DRIVEWAY 12 5640 AT e�,11.,,s .. +s PER SF CONSTRUCT P.C.C. SIDEWALK 13 17264 A{wv PER SF I 3)(,p't CONSTRUCT P.C.C. ASPHALT CONCRETE 14 107 AT Sev-cn ��- I�ol1 > �v(.,� {> PER TON 07,5!,- CONSTRUC WHEEL CHAIR RAMP 15 900 AT ellcv C—,f (,4� PER SF 375 337.- CONSTRUCT SPANDRAL 4 PER SF 3•S� 16 5417 AT y`�j CONSTRUCT CROSS GUT IIG,s so 17 9261 AT cat • ... PER SF FURH/INSTALL ROOT BAR IER 18 47 AT" \ W 0 a Lj P.G. PER EA. o�. z R oe- PLACE NEW PARKWAY TOP SOIL AND RESEED 19 67 AT L;J? y c J "({ � PER SF 335-40 EXCAVATE 2' X 2' HOLE & PLANT TREE 20 47 AT TWv 7e s c� V�o l •w� PER EA'. oo COLD PLANF, o'p6tk .4s L- o 21 12080 AT .*.�`i PER SF • • MSC-421 Project Bid Schedule ITEM: APPROXIMATE = UNIT:: QUATITY. =: ITEM VIIITH:UNIT PRICES;WRITTEN IN.W.ORDS :x. , .. :PRICE TOTAL ONE & ONE-HALF INCH OVERLAY 22 392 AT 1(41(u4 t c-d K o ei -- i r PER TON ADJUST WATERV V S 23 12 n A W vLLL d <<w �. d� µv� e'.-1S PER EA. ADJ MA HOLE .tom,1J__ 24 9 A /sa-J�(i�.' PER EA.LIDO Total Amount Bid in Figures: $ IFI 1435/. n Total Amount Bid in Words: I o.,¢. A,,.. —9 v,!.v)g Fo-R- 7-4or r,4;iD 7WAfe N�NoR�O �J MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunliaht Drive, Rambler Drive, Thunderbird Circle, Sparrow Drive 'ITEM,,APPROXIMATE UNIT NO. QUATITY . _ITEM;WITH U.NIT.PRICES WRITTEN IN,VIIORDS.. _ - PRIDE TOTAL` REMOVE/DISPOSE OF PARKWAY TREES No c7�� 1' 81. - AT Erg flv.+0/1-60 01&mri Dau.!-s A-,o PER EA. 085.00 -71,5?0 REM VE/DISPOSE OF P.C.C. SIDEWALK 2 23932 AT o « .�-� £; !_..:ks PER SF Q?" h-t Ws PARKWAY EXCAVATION 3 29915 AT \ u►o �o l4.ys o cSl ,/l C-t n-�S :PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 30 AT 5; X �w„�.�. 4���os e� A0 -" (s PER EA. o= g� •V REMOVE/REPLACE WATER METER BOXES s _o 5 76 A wo OL(.'.0 -4 vw-C--. A "> PER EA. Z o =' Iq,00° ' REMOVE/DISPOSE-OF CURB AND GUTTER 6 5983 AT cok VWC..ts PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE 7 5983 A %•d.2s �.c VIoL..�i PER LF o�,r Il LO REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 4305 A' :rjL.-7,I4,-, & t \ N 0 (.,"% ' PER SF o. V g6w.e RE_MPO E/DISPOSE OF EXISTING CROSS GUTTER P 9 6615 A�` '�+� 1�6���5 a-& Y\o/-.,-1� PER SF 2.V �3 30 REMOVE/DISPOSE OF SPANDRAL 10 4515 ATw,t a,A Vto l..ty PER SF CONST UCT P.C.C. CURB AND GUTTER 11 5983 AT F+4'e.^- ?c-4( w VDU CW 5 PER LF CONSTRUCT P.C.C. DRIVEWAY��++�� AT w o J, by C'.A) PER SF 12 4305 � °Itacc CONSTRUCT P.C.C. SIDEWALK «ws 13 23932 AtP-o'-P6 &--& -(-- 4 S PER SF ,2 l 1 g3v,� CONSTRUCT P.C.C. ASPHALY CONCRETE 14 149 AT - f,� A.— " iko (,43 PER TON CONSTRUCI WHEEL CHAIR F�AMP 15 8550 AT ::1-" ," 1-41 PER SF 3.5= 21 f 25% CONSTRUCT SPANDRAL PER SF 3 S_- 16 4515 CONSTRU CROSS GUTT rR ' 17 6615 AT ,,,., \W: d t- �, PER SF 3 23 IQ, �INST�ALIL R . � BARRIER FURNISH/INSTALL 18 81 PER EA. o� PLACE NEW PARKWAY TOP SOIL AND RESEED e 19 84 ATf / lt,.., °-a ✓�6 ( PER SF S °o EXCAVATE 2' X 2' HOLE & PLANT TREE/ r PER EA. AT 20 81 JAQ . COLD PLAN [ 21 13706 AT r.. �- /3 PER SF • • MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunlight Drive, Rambler Drive, Thunderbird Circle, Sparrow Drive ITEM APPROXIMATE UNIT NO. QUATITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL ONE ONE ALF INCH OVERLAY 22 736 AT �,� lG✓s od vtbe . +-s PER TON 7 .5 S"Sto,`.? ADJU T W TER V �V4 23 6 A w�.4 a�2 Vn 6 PtER EA. 2r,,,'r ADJUST MANHOI,ESS1 24 4 AT'fo,L 1.%�.4uA4 �}t'�45od hol.��� PER EA. I JW.-f 6a Total Amount Bid in Figures: $ / el Total Amount Bid in Words: I Six qv rANn lrfe6E I'l.,vogep lv)4Ev't cl&Nr Ao� �Ar�S' +moo F,Fry r"", ce..;FS. • 0 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 PLL Po..ri ///] /� %AL7,EZ'�'' LA pp. �i^t�'{..�3i)';. .:{.Yf6i idJ .• pia i•c_9 r: Q,r,'ht0 V G inS G�¢iS� T St. Awtc-c: ADJ,4 MAHNoc� 1yj,9,,HvLa A of . M v&- A 9 f By.:sulimiss on.of this proposal, the Bidder certifies: 1. Tl i t,he: is able to and will perform the balance of all work which is not covered in the -above subcontractors listing. 2. r.. `' hat the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this projectA, <' , C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Shawn A. Smith, PnWdent , being first duly sworn, deposes and says that he or she is Shawn A. Smith. Prssldent of �Q(�� (�� the party making the foregoing bid that the bid is not made in the interest o , 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. SHAWN Name of Bidde re ofBidder Shawn A. -Smith, President 12240 Woodniff Ave. Downey, CA 90241 Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC AWAC"W NOTARY SEAL C4 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 15 2be ore me, Manic® Howard, Notaly Pubiic Date Name; Title of Otlicer - e.g. "Jane Doe, Notary Public" personally appeared Shawn A. Sn ttl, President Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, c r1� Signature of Notary 6 JANICE HOWARD COMM tl142= NOTARY KjRjC.C*LiFORNIA � LOSANOZCOtMY in My Coma bip. Mq V.2W7 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —individual(s) _Corporate Officer(s) .ritiew SIGNER IS REPRESENTING: Name of persons or entity(ics) —Partner(s) —Attorney-in- Fact _Other 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: MAR 15 2004 Title A ■ N a i . • . • . . Shawn A. Smith, President C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes l No If the answer is yes, explain the circumstances in the space provided. +�tr i�, d i riA10 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. Date: 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. MAR 1.5 2004 Ll•..ia Sri. Spawn A. SmW President Title C-7 UNDERGROUND SERVICE ALERT . IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and.returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig' , ert�Identi lca onNumber, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By ,�� i 0: Shawn A, &nkh. P1s81dent Title Date: MAR 15 2004 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: SHAWNAN . Bidder Name t 2240* Woodrt,df Ave. Downey, CA 9oao Business Address City, ( (582�803-9977 Telephone Number State Zip &,t -'a' a ve • � 4�,: .�.:-. 9-79MASB 879WAAP State Contractor's License No. and Class NovWrber 4, 1903 Original Date Issued Povember 30, 2005 Expiration Date Shawn A. -smith, President MAR 15 2004 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: SHAWNAN 1h,�awn A. Smith, President John A SmRh, 3ocrmW Jain" P4124P PcrKde;9iA Yws Prey. C-9 • 0 , The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. SHA1ltll +�� N. Company Not of Bidde"r`" Shawn A. Smith, Preeklent Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ SM-ATTACHM NOTARY PUBLIC-: NOTARY SEAL Listed below are the names, address and: telephonp, numbers for three public agencies for which the bidder has performed similar work within the past two years: l "F E 'ATTACHM Name and Address of Public Agency 2. 3. Name and-Telebhonlr No. of Project Manager::,;;,,, Contract Amount Type of Work Date Completed Name and Address of Public Agency C. Name and Telephone No. of Project Manager: Contract Amount Type of Work }= ` ' ` " Date""Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 I ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 15 Mote me, Janice Howard, Notary Public Date Name; Title of Offleer - e.g. "Jane Doe. Notary Public" personally appeared Shawn A. Smith. Pre' sldent Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to. be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, r Signature of Notary JlWICE OW AD eti COMM N142= D v� NOTARY PUBLW MFORNIAo LOS ANGBS COUNTY ?A My Camt. Gip. Hey 27. 2W ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —Individual(s) _Corporate Officer(s) 'riticisl SIGNER IS REPRESENTING: Name of persons or entity(ics) _Partner(s). —Attorney-in- Fact _Other Shawnan ST. LIC. # 679962 12240 Woodruff Ave Downey, Ca. 90241 OFFICE 562) 803-9977 562) 803-9955 FAX STATEMENT OF EXPERIENCE 1. OWNER: CITY OF DOWNEY ADDRESS: II111 BROOKSHIRE AVE. DOWNEY, CA 90241 PHONE #: 310)864-4514 CONTACT: HOTCH BEDROSIAN PROJECT: BELLFLOWER BLVD STREET & STORMDRAIN REHABILITATION CONTRACT AMOUNT: $2,246,000.00 2. OWNER: CITY OF COMPTON ADDRESS: 205 SOUTH WILLOWBROOK AVE. COMPTON, CA. 90220 PHONE #: 310) 605-5505 CONTACT: WILLIAM LEWIS PROJECT: WILLOWBROOK PAVEMENT, SEWER & STORMDRAIN REHABILITATION CONTRACT AMOUNT: $2,741,000.00 3. OWNER: CITY OF ALHAMBRA ADDRESS: 111 S. FIRST ST. ALHAMBRA, CA. 91801 PHONE #: 909) 595-8599 EX 125 CONTACT: ELIE FARAH PROJECT: FREEMONT AVENUE CONTRACT NO. C2M3-31 CONTRACT AMOUNT: $4,900,000.00 4. OWNER: C/O ANAHEIM ADDRESS: 200 S. ANAHEIM BLVD. ANAHEIM, CA. PHONE #: 714) 765-5176 CONTACT: CHUCK SMITH PROJECT: LINCOLN AVENUE PHASE H CONTRACT AMOUNT: $2,286,000.00 5. OWNER: C/O MANHATTAN BEACH ADDRESS: 1400 HIGHLAND AVE MANHATTAN BCH, CA ,90266 PHONE #: 310)802-5358 CONTACT: ED KOA PROJECT: 1999-201 STREET IMP. PROJECT CONTRACT AMOUNT: $905,000.00 6. OWNER: C/O CHINO HILLS ADDRESS: 2001 GRAND AVE, CHINO HILLS, CA. 91709 PHONE #: 909)364-2804 CONTACT: MME KAPANPOUR PROJECT: POMONA RINCON ROAD CONST. CONTRACT AMOUNT: $2,335,000.00 7. OWNER: C/O CHINO ADDRESS: 13220 CENTRAL AVE. CHINO, CA PHONE #: 909) 464-8367 CONTACT: NAGHMEH IMANI PROJECT: STREET REHABILITATION PROJECTS 2001-2002 CONTRACT AMOUNT: $1,850,214.82 8. OWNER: CITY OF LA PUENTE - ADDRESS: C/O RKA CIVIL ENGINEERS 398 S. LEMON CREEL DR. #E WALNUT, CA 91789 PHONE # 909) 594-9702 CONTACT: DOINIC MILANO PROJECT: NELSON AVENUE CONTRACT AMOUNT: $309,700.00 • • •,, „� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 To: (Telephone: 714-536.5227 ) • • Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that .we Sialic Contractors Corporation .dba Shawnan as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars (S 1 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 Tree Removal and Reconstruction and Improvement of Various Residential Streets NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material f unished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of March , 2004 Sialic Contractor rporation hawnan Witness (S eal) Seal) By: A. Smith, Predent Name/Tide Witness Federal Insurance Company Surety (Seal) By. Q- DouglaI Rapp Attomey-in-Fact ORSC 21328 (5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On Mgdi16, 2oo4 , before me, 'CHRISTOPEIER J.COATS,` NOTARY PbBLIC Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public) personally appeared DOUGLAS A. RAPP Name(s) of Signer(s) LX personally known to me ❑ proved to me on the basis of satisfactory evidence OFFICIAL SEAL CHRISTOPHER J. COArS r%,Z_,.��MyCofnfnissilon NOTARY PUBLIC - CALIFORNIA COMMISSION 1267699 CORANGE COUNTYi Exp. July 15, 2004 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 d official seal. Place Notary Seal Above Signatuof 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 thiq form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here O 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 Chubb PdWER Federal Insurance Comomy Attn: Surety Department OF Vigilant Insurance Company 15 Mountain Viewer Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGIIANT INSURANCE COMPANY. a NewYork ooiporatian, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp Or Linda D. Coats of .Laguna Hills, California ----------------- ----------------- each as their true and lawful Attorney -in -Fact to execute order such designation. in their names and to affix their corporate seals to and.del vier for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other loan ban bonds) g1%W or executed in the course of business, and any instruments amending or.altering the same. and consents to the modification or alteration of any instrumerd 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 STATE OF NEW JERSEY i ss. County of Somerset on this 2 2 nduy of January,, 2004 , before me, a Notary Pubk of New Jersey, Ply cwm Karmen C. werxM. to me brown to be Assbtant Secretary of FEDERAL INSURANCE COMPANY. VIGMMT INSURANCE OOMPANY, and PACIFIC NME MIrrY COMPANY. the as Mw$es which errecrAed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that tie is Assistant Secretary of FEDERAL INSURANCE COWANN VIGIL/WT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the Corporate seats thereof, Drat the seals affixed to the foregoing Power dAbxney are such Corporate seats and were thereto affixed by auttadry dthe By -Laws of said Companies; and t wlhe signed said Powerof Attamey asAsdsUM Secretary of said CarcpaNes by Eke auNority: and that he Is acquainted with Frank E. Robertson, and (mows tdm to be VICE President of said Canpankm and that the signature of Franc E. Robertson, subscribed to said Power d Aftomey Is In the genuine handwriting of Frank E. Robertson. and was thereto steed by auf ft of said By-laws and In deponent's presence. . notarla! seal Karen APrice Notary Public State of New Jersey No2 . 31647 wry Public C. r'A of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Alf porn m'dFattomey for and on behalf of the Comparry may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under fheir 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 affaed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shelf be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I; Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITYCOMPANY (the 'Companies') do hereby certify that 01 the foregoing extract of the By -Laws of the Companies Is true and correct (h) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islards, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (in) the foregoing Power of Attorney is true, correct and In full force and y" Given under n hand and seals of said Companies at Warren, NJ this th ay a March, 2004 y `�� `Q��aI►r � `�ydfiMr�� - j '.coot+ tl•tiEw��:.'� 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-%W e-mail: surety@chubb.com Form 15-10 (Ed. 4-N) CONSENT ALL-PURPOSE ACKNOWLEDGMENT State of California County- of Los Angeles MAR 16 20.04 On before me, Janice Howard, Notary Public Date Name; Titre of Otlicer - e.g. "Jane Doe. Notary Public" personally appeared Shawn A. Smith, President Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, 10 JANICE HOWARD �►NN1 COMM.#1420600 NOTARY KWCX 4UFORNIA D LOS ANGELES COUNTY My Calm. Exp. May 27. 2007 tv GtJ Signature o[Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Partner(s) 'Attornev-in-Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ics) o NJ Ul • .f SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses; taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 L� 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. TEN PERCENT OF AI1�pUhNT EI®° Accompanying this proposal of bid, find in the amount of w Ic 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: A\ Addenda No. Date Received Bidder's Signature C-2 &C-421 Project Bid Scheale Phase 1 - CDBG StraPts Inrluded- Fir Drive. Emerald Lane. Cvnress Avenue. Michael Drive. Darsv Drive ITEM :APPROXIMATE. UNIT NO. QUATITY . ITEM :WITH UNIT.PRICES'WRITTEN IN WORDS PRICE TOTAL REMOVE/DISPOSE OF PARKWAY TR ES 1 47 AT Luc I�br( PER EA. REMOVE/DISPOSE OF P.C.C.-'SIDEWALK 2 17264 AT PER SF PARKWAY EXCAVATION 3 19330 AT tea. PER SF REMOVE/REPLACE IRRIG TON SYSTEM IN PARKWAY 4 67 AT PER EA. ZOIL� RE OVE/REPLACE WATER METER BOXES 5 43 AT PER EA. RE /DISPOSE C B AND GUTTER 6 4290 ATOVE S: PER LF ,b� j4)Cl REMOVE/DISPOSE OF P ALT CONCRETE 7 4290 AT PER LF Z, (05 Z, REMOVE/D SPOSE OF P.C.C. D IVEWAY 8 5640 AT S i J PER SF �� 3�, REMOVE/DISPOSE OF ExATING CROSS GUTTER 60 9 9261 AT � S. PER SF . REMOVE/DISPOSE OF SPANDRAL 10 5417 AT { PER SF CONSTRUCT P.C.C. CURBGUTTER 11 4290 AT PER LF CONSTRUCTP.C.C. DRIVEWAY 12 5640 AT ;,�c- PER SF L-4'" CONSTRUCT P. .C. SIDEWAL 13 17264 AT PER SF CONSTRUCT P.C.C. AS T NCRETE 14 107 AT fI LaJM=CL` PAA ��,� PER TON CONSTRUCT WHEEL CHAIR RAMP 15 900 AT PER SF CONSTRUCT SPANDRAL AT PER SF bS 16 5417 , CONSTRUCT CROSS GUTT R 17 9261 AT PER SF FURNISH/INSTALL ROOT BARRIER 18 47 AT �� Ld&gJ /f,Q�, PER EA. PLACE NEW PARKWAY TOP SOIL AND RESEED 19 67 AT PER SF EXCAVATE 2' X ' H LE & PLANT TREE 20 1 47 1AT PER EA. COLD PLANE 21 12080 AThijbePER SF 3V t q �: 60 a p0 AC-421 Project Bid Schedule ITEM APPROXIMATE ;UNIT NO.. QUATITY1 ITEM WITH UNIT PRICES WRITTEN INWORDS PRICE. 'TOTAL ONE & NE -HALF INCH O ERLAY 22 392 AT PER TON 52 WQ0 i ADJUST A ER VALVE 23 12 AT PER EA. 2 S� ADJUST MANHOLES 24 9 AT4\OD (IWJAJ &iP. Lt— dii Q,. PER EA. rotal Amount Bid in Figures: $ S rotal Amount Bid in Words: C vt +- & �- AC-421 Project Bid Scheele Phase 2 - Measure M Streets Included: Sunliaht Drive. Rambler Drive. Thunderbird Circle. Sparrow Drive ITEM APPROXIMATE _ UNIT NO. QUATITY ITEM .WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL REMOVE/DISPOSE OF PARKWAY TREES 1 81 AT PER EA. 2 gn REMOVE/DISPOSE OF P.C.C. SibEIVALK 0.?K 2 23932 AT PER SF 3 PARKWAY EXCAVATIOR 1Aau S. 3 29915 AT PER SF REMOVE/REPLACE I RIGATION YSTEM IN PARKWAY 4 30 AT PER EA. REM VE/REPLA E WATER ETER BOXES 5 76 AT PER EA. REM VE/DISPO E F C D GUTTER 6 5983 AT PER LF 2S IZ� REMOVE/DIS O E OF ASPHALT CONCRETE %S 7 5983 AT j PER LF Igo REMOVE/DI C.C.-gRrVEWAY 8 4305 AT PER SF REMOVE/ ISPOSE OF EXISTING ROSS GUTTER 9 6615 ATL-Aaj�PER SF REMOVE/DISPOSE PF SRANDRAL 10 4515 AT PER SF 2 G�(13D CONSTRUCT P.C.. CURB.ArqD GUTTER 11 5983 AT PER LF Z3 CONSTRUCT C C. DRIVEWAY 12 4305 AT gut- PER SF CONS RUCT P.C.0 SIDEW LK 13 23932 AT PER SF � 3� _ CONSTRUCT P. .C. ASPHAL C ETE 14 149 AT PER TON{ CONST UCT WHEE CHAIR MP 15 8550 AT PER SF �f G12i CONSTRUCT SPAN RAL 16 4515 AT S1 PER SF CONST UCT CROSS GUTT 17 6615 AT i PER SF �439 FURN SH/INST LL R OT ARR Mll� 18 81 AT PER EA. '300.- 2 PLACE NEW PARKWAY TOP SOIL AND RESEED 19 84 AT PER SF �j' ZI 60. EXCAVATE 2' 2,YAOI E & PLANT TREE 20 81 AT \K. PER EA. COLD PLANE 21 13706 AT PER SF OJ i AC-421 Project Bid Schectle Phase 2 - Measure M streets mcivaea: 5unlignt urive, Rambler unve, i nunaerblra circie, sparrow unve ITEM N0. ` lAFPTpX-IMATE�.:= QUATITY =E ITEM WITH.:UNIT. PRlCESWRITTEN lNWORDS" UNIT PRICE .' TOTAL 22 736 ONE &ONE-HALF INCH OVERLAY AT PER TON �5, 33114 23 6 ADJUST WA R VALVES AT ,r_ PER EA. 73C,� 13 - 24 4 ADJUST MANHOLES AT PER EA. Total Amount Bid in Figures: $ Total Amount Bid in Words: 6vw Glauu, 3,q.oc • • 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 lwltS 5Zog352 .Js w , s.c � 85 t 1. ryLA ���oN t AID - . St 'Crwi S , m t. sic �! 5t4 a,US4 By submission of this proposal, the Bidder certifies: 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 0 i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange CA MOW , being fir7kUd'uMQw''.R h, deposes and says that he or she is MEMM of EXCEL PAVING COMPANY . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC 3EEATTACHED PALP, ING, DBA EXCEL PAVING COMPANY Name of Bidder C.P. 8ROWN Signature of Bidder PRESIDENT 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder day JAR 2 9 2004 20 _ NOTARY SEAL C4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. On MAR —r� Qr—!? , before me, CELESTE A. GRAHAM, NOTARY PUBLIC -Data Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN PRESIDENT Name(s) of Signer(s) CELESTE A. GRAHAM COMM. #1312118 O 0 aeaz�.;x.;' � (3I C��= NOTARY PUBLIC-CALIFORNIA o C7 LOSANGELESCOUNTY i Nly Commission Expires July 30, 2C05 C2� 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. WITN S my hand and official seal. tL -_ _111194:9X. _�Z Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner-0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top . m 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 • • 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.. Date: MAR 2 9 2004 PALP. INC. DBA EXCEL PAVING COMPANY Contractor G/? ku",� By C.P. BROWN, PRESIDENT Title C-5 DI*[JALIFICATION QUESTIONCRE 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 Gd 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. 1 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: _-MAR 2 9 2004 PALP. INC. DBA EXCEL PAVING COMPANY Contractor C.P. BROWN, PRESIDENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) -To ilg sx�aM►�mA -tlyy\R o� awav No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Date: Contractor Title 4 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 PALM, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE LONG BEACH, CA 90806 Business Address City, State Zip ( 154) 599.5841 Telephone Number STATE UC 688659 OW State Contractor's License No. and Class Original Date Issued C,b Expiration Date The work site was inspected by of our office on 3-1-'S-O`� , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: CURTIS P. BROWN, PRESIDENT & MEF OPERATING OFRCs FFICER GEORGE R. McRAE, SENIOR VICE PRESIDENT II, VICE PRESIDENT BRUCE E RATT. VICE PRESIDENT MICHELE E DRAKULICH, ASSISTANT wwARv PALP. INC. 08A EXCEL PAVINGCOMIJANT- 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. PALP, INC. DBA .vv^p, iNGCOMPANY Company Name Signature of Bidder C.P. SROWM, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _day of MAR 2 9 2004200_ - NOTARY PUBLIC SEE ATTACHED NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEE ATTACHED Name and Address of Public Agency 2. 93 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: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. OnMAR 2 9 2004 before me, CELESTE A. GRAHAM, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN PRESIDENT Name(s) of Signer(s) CELESTE A. GRAHAM COMM. #1312118 0 a n NOTARYPUBUC CALIFORNIA o O LOS ANGELES COUNTY j My Commission Expires July 30, 2C05 C3 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. WITNFSS y hand and official se Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: .Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top . 01999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • w .nalionalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. on MAR 2 9 2004 before me, CELESTE A. GRAHAM NOTARY PUBLIC Date Name and Title of Officer (e.g.. `Jane Doe, Notary Public") personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN PRES; Name(of Si ner(s) AND MICHELE E. DRAKULICH XSS�. SECRETARY JZI personally known to me ❑ proved to me on the basis of satisfactory evidence :..... CELESTE A. GRAHAM o COMM. #1312118 O UCH 'r� .. NOTARY PUBUC-CALIFORNIA o LOS ANGELES COUNTY My Commission Expires July 30, 2C05 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Place Notary Seal Above Signature OT Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1-800-876-6827 ,EXCEL PAVINGWOMPANY S 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: 33 years experience working for other general contractors with the past 22 years being self- employed in own general engineering contracting business. INCUMBdNCY AND 810MAYURE ClIRTIFICATB OF PALP, INC. The underalgned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Ino. On Excel Paving Company, a California corporation (the &Corporation"), haraby cariliies tya: 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 Curtls•P. Brown III Vice President Bruce 0. Platt Vice President & Assistant Secretary Mlohele N. Drakulidh Assistant Secretary tN Wl1rN6S8 VYNBR13011, the undersigned has executed this Certificate as of the date set forth below. Dates November 512001 i jAiOdLYN , B , aratai I PAVVW COMPANY P.O. W., A GENERA .. t31NEFRi1�0 CONTRACTOR LONG BEACH, CA STATE LICENSE NO. 688659A 1569) S FAX (562) §S CREDIT APPLICATION Excel Pavina Company 2230 lemon Avenue P.O. tax WOO Lo*g Beach, CA W1108 Telephone 662-689.6841 Fax: 662-690-3679 Type or Buslness: General Enginaadng Contractors Contractors Ucense # t386669A Fed 1.0.8 95-3072914 Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In buWness since October 1981 Same location since October Igo i Property owned by Brawn & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 U9 Bank, 2033 Cherry Ave., Signal Hill, CA 90606 Account Representative: Uz Acm or Celina Gonzalez Telephone: 662-4W2088 or 562-490.2079 Chocking Account 01534-8195 8889 TRADE REFERENCES: 0 Wcao Materials 323-268-2777 3233-26"102 Silvia Arredondo R.E.H, TtuoWng 90"91-0871 80ta-691-06o8 Gina Mendiola Blue Dlamond Materials 114-678-0507 714440-2831 Jerry Easterwood Savala Equipment SM223-2473 049-562-8897 Mona Covington SPECIAL. BILLING REQUIREMENTS: Shaw Job number on Involces to expedite payment. I certify that the above Information Is true and correct, and that we can and will mply with your terms. 17 t;,p. B own Doke President wiCEL PAVIN COMPANY A GENERAL GINF.1rRING CONTRACTOR STATE LICENSE NO, 688669A P. o. Box . LONG BEACH, CA goo (562) S9s FAX (562) S91 Reference List As of May, 2009 i . City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroo, Chief Construction Inspector (362) 570-5161 2. Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Peger, PX (818) 840-9416 Or (818) 840-8840 I Los Angeles County POW Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458.3100 EXCEL PAVINOMPANY • A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A BONDING AGENT: CONTACT: RAPP SURETY SERVICES 23461 SOUTH POINTE DRIVE SUITE 345 LAGUNA HILLS, CA 92653 DOUGLAS A. RAPP OFFICE: 949/457-1060 FAX: 949/457-1070 SURETY: FEDERAL INSURANCE COMPANY C/O SURETY DEPARTMENT 801 SOUTH FIGUEROA STREET 23RD FLOOR LOS ANGELES, CA 90017 INSURANCE CARRIER: OR P.O. BOX 30127 LOS ANGELES, CA 90030-0127 THE WOODITCH COMPANY ONE PARK PLAZA SUITE 400 IRVINE, CA 92614 CONTACT: WILLIAM WOODITCH OFFICE: 949/553-9800 FAX: 949/553-0670 • P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 t • • ' EXCEL PAVING COMPANY OPEN JOBS 2003 ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. PROJECT/OWNER/AGENCY INCOME COMPL. 3369 ONE OCEAN TRAILS DR., 187,017 100.0% 0 3589 MEDICI, LOS ANGELES 1,300,961 100.0% 0 3637 12015 HARBOR BLVD., GARDEN GROVE 292,022 100.0% 0 3704 TAXIWAY D L.B. AIRPORT 3,698,591 100.0% 4 3714 PIER T, PORT OF LB 14,292,378 100.0% 191 3716 710 FWY PCH TO 405 19,243,795 98.2% 349,155 3721 IMPERIAL HW LOS ANGELES 1,037,837 99.9% 676 3723 INDIANA & WA VERNON 158,522 86.2% 21,908 3737 4341 E. WASHI COMMERCE 4,354,077 100.0% 0 3742 HENRY FORD, LA 2,700,058 100.0% 0 3747 WEST & EAST ALAMEDA 7,215,816 100.0% 0 3807 OVERLAND AV LOS ANGELES 2,014,005 100.0% 0 3833 GRAND CANA LOS ANGELES 690,359 100.0% 1 3834 GATES 3 & 4 L.B. AIRPORT 434,826 100.0% 0 3835 SECURITY GA L.B. AIRPORT 350,251 100.0% 0 3836 BELLFLOWER LONG BEACH 587,385 99.8% 1,323 3837 PARKCREST LONG BEACH 576,440 100.0% 0 3838 COLLEGE PAR LONG BEACH 129,620 100.0% 0 3839 VARIOUS STIR LONG BEACH 1,414,033 100.0% 0 3841 MANUAL INTE PORT OF LA 10,946,975 1.5% 10,779,418 3843 LAUREL CYN LOS ANGELES 722,540 100.0% 23 3844 SHADY CYN P IRVINE 134,618 100.0% 0 3853 MISSION BLVDPOMONA 1,933,686 100.0% 0 3855 21 ST ST., HERMOSA BEACH 93,674 94.9% 4,740 3860 54TH ES, LOS ANGELES 372,883 100.0% 0 3862 VARIOUS ST 0 RANCHO PALOS VERDES 1,335,586 100.0% 0 3865 2627 HOLLYW BURB/GLEN/AIRP 153,295 99.5% 737 3866 HARDING AVE LA . 1,272,458 99.9% 1,897 3867 SAN FERNANDLA 241,389 100.0% 0 3875 ORANGE AVE. LONG BEACH 1,076,722 100.0% 0 3876 PARTHENIA, LA 1,068,233 100.0% 31 3880 BERTH 212- 22 POLA 5,249,813 99.9% 2,864 3881 BROADWAY LA 2,3.70,101 97.0% 72,224 3882 RTE 110 LOS ANGELES - 13,878 1.0% 13,743 3888 2001-2002 AN BEVERLY HILLS 1,071,191 100.0% 0 3891 DODSON MS LA 417,115 100.0% 0 3893 CHERRY AVE LONG BEACH 47,332 49.5% 23,893 3894 ROWAN AVE LA 529,889 100.0% 1 3695 PIER S PORT OF LONG BEACH 11,152,520 99.4% 62,192 3898 1200 GETTY C LOS ANGELES 83,066 98.1% 1,542 3900 CENTURY PK LOS ANGELES 769,641 1 60.0% 1 3904 ST. JOHNS HL SANTA MONICA 307,699 100.0% 0 3906 ROUND MEAD HIDDEN HILLS 481,337 100.0% 0 3907 ADDAMS ES LONG BEACH 298,807 100.0% 0 3908 13652 CANTA LOS ANGELES 351,000 100.0% 0 3909 AMGEN CTR THOUSAND OAKS 904,004 100.0% 0 3910 AMGEN CTR THOUSAND OAKS 181,997 100.0% 0 3912 GRAND AVE EL SEGUNDO 285,134 87.0% 36,969 3914 ALLEYS - 13THSEAL BEACH 1,176,425 100.0% 0 3915 OVERLAND ES LOS ANGELES 412,000 100.0% 0 3916 JOHN MUIR M LOS ANGELES 346,489 100.0% 0 3919 AVENIDA MAZ SANTA MONICA 10,370 100.0% 0 3922 BELLAGIO & N LA 1,274,420 67.1 % 418,912 3923 OLYMPIC BLV BEVERLY HILLS 1,093,192 100.0% 0 3925 DIAMOND/CRE LAGUNA BCH 266,863 100.0% 0 EXCEL PAVING COMPANY OPEN JOBS 2003 ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. ------------------------------------------ PROJECT/OWNER/AGENCY. INCOME ------------ COMPL. ------- ---------------- ------------------------------------------ 3926 KENNETH VILLGLENDALE ------------ 934,377 ------- 100.0% ---------------- 0 3927 BUS CENTER, INGLEWOOD 1.228,113 97.9% 25,627 3929 OLYMPIC BLV LOS ANGELES 501,589 99.7% 1,734 3931 PCH & ADMIR SUNSET BEACH 161,473 99.9% 217 3933 CORONA AVE LOS ANGELES 420,114 100.0% 0 3934 ROSCOMARE BELL 491,620 98.4% 8,016 3937 1730 CORONA LONG BEACH 3,800 100.0% 0 3939 GLENNEYRE S LAGUNA BCH 408,063 100.0% 0 3940 HARDING E.S., SYLMAR 634,037 100.0% 0 3941 SOUTH STREE LONG BEACH 334,371 100.0% 0 3943 SOMERSET BL BELLFLOWER .322,468 100.0% 0 3945 CAMINO CAPI SAN JUAN CAPISTRANO 299,287 100.0% 0 3947 TUSTINAVE., ANAHEIM 3,855,000 62.1% 1,460,824 3948 PALISADES C LOS ANGELES 209,154 60.0% 83,625 3949 2300 E. PCH, WILMINGTON 110,062 100.0% 0 3950 PV. DR/SCHO RANCHO PALOS VERDES 27,036 100.0% 0 3951 2401 E. WARD LONG BEACH 399,700 100.0% 0 3952 DOWNEY HOS DOWNEY 22,784 36.0% 14,593 3953 PLAYA DEL RE LAUSD 468,728 100.0% 0 3954 505 N. FIGUER LOS ANGELES 106,331 100.0% 0 3959 SANTA MONIC LOS ANGELES 42,569,000 19.8% 34,156,524 3961 YACHT HARBOR, 157,908 95.4% 7,247 3962 S. MACLAY AV SAN FERNANDO 412,397 100.0% 0 3963 ELDORADO P LONG BEACH 156,007 100.0% 10 3964 LONG BEACH LONG BEACH 343,141 99.8% 762 3966 13652 CANTA PANORAMA CITY 50,000 15.8% " 42,091 3967 5722 DAIRY A LONG BEACH 5,500 100.0% 0 3967 5722 DAIRY A LONG BEACH 5,500 100.0% 0 3969 BERTH 2O6-20 PORT OF LA 3,147,023 90.6% 296,867 3971 VARIOUS & W CULVER CITY 1,178,796 99.7% 3,879 3972 633 W. 5TH ST L.A 10,760 100.0% 0 3973 LOS ROBLES THOUS OAKS 311,907 44.1 % 174,453 3976 EXCESLIOR D NORWALK 357.193 100.0% 0 3977 ROSECRANS, NORWALK 200,532 100.0% 0 3978 WARDLOW/CL LONG BEACH 721,029 100.0% 0 3979 " WARDLOW/PV LONG BEACH 786,368 100.0% 0 3982 ROSECRANS COMPTON 33,850 100.0% 0 3983 18349 FIGUER LOS ANGELES 10,759 1.00.0% 0 3984 CADILLACNE LOS ANGELES 585,293 63.6% 213,296 3985 TOWN CENTER HALL 143,281 100.0% 0 3986 2627 HOLLYW BURBANK 291,290 99.8% 556 3987 RAMSDELL AV LA CRECENTA 130,702 100.0% 0 3988 VARIOUS ST R SEAL BEACH 161,607 68.5% 50,980 3989 SEE JASON MARTIN 0 100.0% 0 3990 OCEAN BLVD LONG BEACH 1,284,138 90.9% 116,899 3991 ROSECRANS NORWALK 91,835 100.0% 0 3992 NEWPORT BLVDNICTORIA 279,603 90.6% 26,341 3993 10801 6TH RANCHO CUCUMONGA 301,499 100.0% 30 3995 ALICIA PKWY/PASEO DE ALICIA 246,473 100.0% 0 3996 SEE JOB#3984 0 100.0% 0 3998 COLLEGE PK SEAL BEACH 6,600 100.0% 0 3999 LILO PKG LOT ANAHEIM 181,180 100.0% 0 4000 HOLLYWOOD WAY OFF RAMP 46,240 100.0% 0 4001 BRISTOUHEMLOCK 24,140 100.0% 0 4002 170TH ST, ARTESIA 82,489 6.7% 76,941 4003 710 FRWY/ANAHEIM 312,757 42.3% 180,578 4004 GREEN VALLY CIRCLE CULVER CITY 1,118,606 98.2% 20,436 4005 CATALINA LANDIND LB 1,400,000 86.7% 200,181 t EXCEL PAVING COMPANY OPEN JOBS 2003 ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. PROJECT/OWNER/AGENCY INCOME COMPL. 4006 LB AIRPORT P L.B. 178,897 100.0% 0 4007 LB AIRPORT PW107104 32,010 100.0% 0 4009 HAVEN ST, RNCHO CUCAMONGA 371,360 99.3% 2,780 4010 MAPLE AVE MONTEBELLO 118,886 100.0% 0 4011 BURB/GLEN/PASA AIRPORT 271,638 98.8% 3,223 4012 CAMELLA ES N. HOLLYVVOOD 154,652 60.8% 60,578 4013 FILBERT AVE SYLMAR 36,253 100.0% 0 4014 CANTEBURY AVE ES 471,227 99.7% 1,501 4015 MCCOY CLEAR VW DR 6,500 100.0% 0 4016 STEVENSON/JOHNSON 400,000 91.2% 35,194 4017 POLA BERTH 210-211 1,093,039 2.5% 1,066,079 4018 MT SAC 1,368,000 96.3% 50,968 4021 INGLEWOOD AVE 180,463 100.0% 0 4023 GARDENDALE DOWNEY 146,398 100.0% 0 4024 UCLA KINROSS 1,900,000 35.4% 1,227,856 4025 SANTA MONICA ES 8,880 100.0% 0 4026 GAGE & COMPTON 321,776 89.4% 34,258 4027 BEVERLY HILLS 3RD/CIVIC 27,170 100.0% 0 4028 CALIF/BURNETT SIGNAL HILL 80,600 80.2% 15,950 4029 MANCHESTER BLVD. BUENA PARK 107,900 100.0% 0 4030 CAMINO LAS RAMBLAS 227,391 0.8% 225,607 4031 BARTON/BURCH/FRISK 436,139 89.4% 46,364 4032 DORLAND/NORWALK 83,009 95.1% 4,109 4033 LB AIRPORT VARIOUS 65,851 100.0% 0 4035 MAINT ST & MACARTHUR 522,995 0.7% 519,177 4038 RE GRP 190TH GARDENA 19,199 100.0% 0 4039 NO VLY OCC CENTER 419,323 76.1% 100,190 4040 HATH DIN ANTON BLVD 90,000 100.0% 0 4041 HARVARD AVE. IRVINE 1,076,979 12.3% 944,394 4042 TUDOR WESTWOOD PLAZA 752,500 0.5% 748,617 4043 LAS BRISAS 37,540 87.1 % 4,836 4044 BELU33RD ST MAN. BCH 58,660 0.7% 58,269 4045 5 FRWY, OR. CO 148,290 1.4% 146,241 4047 DAPPLEGRAY/ R.H.E. 394,473 85.9% 55,483 4048 4100 RPV SO RPV 350,000 36.6% 221,879 4049 TOWN CENTE COSTA MESA 36,000 100.0% 0 4050 CRENSHAW B LACPW 1,174,657 0.5% 1,168,453 4051 BLDG M-4 NORTHROP GRUMAN 290,000 79.0% 60,872 4052 BAKE PKWY IRVINE 26,900 75.5% 6,588 4053 340 LOMA L.B. 4,200 12.8% 3,664 4055 L.B. AIRPORT L.B. 15,317 100.0% 0 4057 PALO VERDE UCI 574,000 0.5% 570,863 4059 MARK TWAIN LA 600,000 0.7% 595,620 4060 1100 N. GRAN WALNUT 1,170,197 0.6% 1,163,170 4061 PANKOW BLD M.B. 627,000 0.0% 627,000 4063 190 MARINA D LB TRANSIT 94,900 0.5% 94,400 4064 WALGROVE E. L.A. 719,719 0.7% 714,896 4065 LA CITY COLL LA 322,000 68.3% 102,134 EXCEL PAVING CO. • • CLOSED JOBS 2003 Year of 2003 JOB NO. PROJECT NAME 3498 9425 PENFIELD AVE, CHATSWORTH 3607 BRISTOL ST., SANTA ANA 3662 777 PAULING DR., THOUSAND OAKS 3666 555 W. TEMPLE ST., LOS ANGELES 3669 23388 MULHOLLAND, WEST HOLLYWOOD 3672 SHADY CYN/SAND CYN, IRVINE 3693 11847 W. GORHAM AVE. 3720 2699 PALOMA ST., 3732 GARVEY & CORP CTR, 3745 WARNER AVE., 3752 PIER 400 ICTF, 3764 BERTH 230-232 3768 ERRINGER AVE 3788 PALO VERDE AVE 3796 VARIOUS LOCATIONS 3797 GOMPERS ELEM SCH 3812 2627 HOLLYWOOD WY, 3814 PIER 400 LEAD TRK, 3817 PORTSHEAD RD., 3818 BERTH 115 3821 MACARTHUR BLVD. 3829 COMPTON AVE 3840 -CALIFORNIA REHAB 3846 42ND & ANGELES MESA E.S. 3847 STRT REHAB 3848 SANTA MONICA MUNICIPAL POOL 3852 BANDERA RD. 3857 9521 DALEN ST, 3858 VON KARMAN & MAIN, 3859 OLD TOWN WEST, 3863 E. PKG LOT AVIATION, 3869 SEPULVEDA/PCH 3870 CRENSHAW BLVD., 3871 CARSON:& HELMS 3872 TAFT ES, 3874 SYLMAR HS, 3877 LONG BEACH AIRPORT 3883 15 AVE SCHOOL 3884 DANA MIDDLE SCHOOL 3885 PIER W 3886 PKG LOTS D & E 3889 74TH ST ES 3892 CLEVELAND HS LOS ANGELES PASADENA MONTEREY PARK SANTA ANA LA POLA SIMI VALLEY LONG BEACH SIMI VALLEY LONG BEACH BURBANK POLA MALIBU SAN PEDRO IRVINE LA COUNTY GLENDALE LOS ANGELES GLENDALE SANTA MONICA LA DOWNEY IRVINE LOS ALAMITOS REDONDO BCH MALIBU LA CULVER CITY LOS ANGELES . LOS ANGELES LONG BEACH LOS ANGELES LOS ANGELES PORT OF LONG BEA LONG BEACH LOS ANGELES FINAL INCOME AMOUNT 524,427 8,891,538 246,729 833,768 2,166,833 11,156,694 181,777 109,929 2,292,779 2,645,776 6,718,112 2,259,075 520,781 488,074 2,021,101 526,406 3,659,178 3,013,820 154,668 1,603,575 364,009 1,335,672 289,022 626,703 1,967,209 4,900 232,256 41,478 122,403 848,052 434,879 41,910 1,301,618 910,143 371,367 452,900 28,500 245,632 631,459 385,401 341,042 270,412 98,100 CLOSED JOBS 2003 Year of 2003 FINAL JOB INCOME NO. ------------------------------------------------------------ PROJECT NAME ------------ AMOUNT ------------------------------------------------------------ 3896 FISHBURN AVE ES ------------ LOS ANGELES 304,115 3897 2100 AMGEN CTR DR, THOUSAND OAKS 113,884 3899 LOCAL ST REHAB LAWNDALE 348,148 3901 VIEWLINE DR SIMI VALLEY 319,900 3903 LEXINGTON & BURTON BEVERLY HILLS 139,610 3905 RTE 5/60 AT SOTO, LOS ANGELES 7,233 3911 SUPER BLOCK PKG SANTA ANA 208,478 3917 UCLA CAMPUS LOS ANGELES 135,323 3918 MULHOLLAND HWY LA 16,629 3921 BOLSA CHICA & RANCHO HUNTINGTON BCH 25,078 3930 EL CAMINO REAL, LOS ANGELES 373,649 3935 GAULT ST. E.S., LOS ANGELES 594,379 3936 EL MORRO ES, LAGUNA BCH 29,900 3938 DORSEY H.S., LOS ANGELES 159,454 3942 LONG BEACH AIRPORT LONG BEACH 16,022 3944 DANA POINT HARBOR DANA POINT 383,919 3946 2021 E. ROSECRANS, EL SEGUNDO 2,500 3955 WASH & INDIANA, VERNON 150,698 3956 8111 VENTURA, PANORAMA CITY 13,497 3957 SOUTH BEACH IMPVTS, SANTA MONICA 19,250 3958 PIER T GDR XING, PORT OF LONG BEA 77,912 3960 UCLA CAMPUS, LOS ANGELES 47,499 3965 2670 HOLLYWOOD WAY, BURBANK 59,560 3966 13652 CANTARA, PANORAMA CITY 0 3968 OCEAN PK, SANTA MONICA 198,605 3970 CABRILLO AVE ES, SAN PEDRO 375,255 3972 633 W. 5TH ST, LOS ANGELES 10,760 3974 DISCOVERY WELL PK, SIGNAL HILL 57,625 3975 2401 E. PCH, WILMINGTON 7,147 3980 7100 SANTA MONICA LOS ANGELES 4,361 3994 3333 SKY PK DR TORRANCE 5,029 4008 MOOG WESTERN AVE 128,302 4019 GRAND ST, LQ 1,996 4020 PIPE CON PCH 3,800 4022 BOEING PLANT 42 PLMDL 305,399 4034 OSO PARKWAY 53,354 4036 WHITTIER SCHOOLS 41,231 4037 33RD/ORANGE SH 15,489 4046 LINCOLN/JEFFERSON L.A. 16,011 4054 WORLD WAY WEST L.A. 8,676 4056 2300 PCH L.B 3,400 4058 SANTA MONICA/HILLCREST B.H. 1,550 Liz Ehring CMC Assistant City Clerk LE:pe Enclosure (Telephone: 714-536-5227 ) Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THEE PRESENTS, that we PALP Inc..dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars. (S 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 Various Residential Streets (MSC 421) NOW, THEREFORE, EREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of March , 2004 Witness MICHELE E. DRAKULICH, ASST. SECRETARY Witness PALP Inc. dba Excel Paving Company Principal (Seal) By: — C—� A"--/ a.P. BROWN, PRESIDENT Name/Title Federal Insurance Company Surety (Seal) By: Q. L", Dougl 194. Rapp Attorney -in -Fact ORSC 21328 (5/97) Ll CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of ORANGE On MAR 1.6 2004 before me, CHRISTOPHER J. `COATS", NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared DOUGLAS A. RAPP , Name(s) of Signer(s) L$ personally known to me ❑ proved to me on the basis of satisfactory evidence OFFICIAL SEAL CHRISTOPHER j. COArs NOTARY PUBLIC - CALIFORNI "+ CON?PJ"ISSION 1267699 C (� ORANGE COUNTY J my Commission Exp. Jjly 15, 2004 t 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. WITNESWmd nd official seal. � nature of�Qa—ry Pu tic 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 thiq form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Cali Toll -Free 1-800.876-8827 luChubb POWtR Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Present%That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGUAW INSURANCE COMPANY, a NewYork corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of .Laguna Hills, California ----------------------------------- each as their true and lawful Attorney -In -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings:obligatory to the nature thereof (other than bad bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to to 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 affoced their corporate seats on this 2 2 nd day of January, 2004 FIR STATE OF NEW JERSEY I ss. County of Somerset on this 2 2 ndwy of January, 2004 . before me, a Notary Public of New Jersey, personaly came KenneM C. Wendel, to me brown to beAssistard Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC WDE W rTY COMPANY, the compw tes which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel berg by me duy sworn, did depose and say VW he Ls Assistant Secretary of FEDERAL INSURANCE COMPANY, viemA T INSURANCE COMPANY, and PACIFIC WDEMNrrY COMPANY and knows the corporate seals ttrered, Drat the seals affixed to the toregohrg Power otAttorney are sudh corporate seals and were ttweto affixed by aWhodty d t* By -Laws of said Companies: and that he signed said Power of Attomey asAssistant Secretory of said Companies by like aut oW,, and that he is acqualntad wfth Frank E. Robertson, and knows hhn to be Vice President of said Campanies; and that the sbgnatune of Franc E. Roberism, subscribed to saki Power of Attorney Is In fhe genube twWw ftV of Frank E. Robertson, and was.thereio subscribed by audw ft of saki By -Laws and in deponent's preseince. seal Karen A. Pnc� Nary Public State of New Jersey �a No. 2231647 - wry Public of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. 'An p attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company. either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to arty certificate relating thereto appointing Assistant Secretaries or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undedaking to which it Is attached.' I. Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITYCOMPANY (the 'Companies") do hereby certify that (i} the foregoing extract of the By -Laws of the Companies Is true and correct, (IQ the Companies are duly Ikensed 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 to American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (11) the foregoing Power of Attorney is true, correct and In full force and Given under my hand and seals of said Companies at Warren, NJ this 1 th day of March, 2004 44VDL,0 P; * , r � ♦yEw � * Kenneth C. Wendel, 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 a -mail: surety0chubb.com : �_.:, ..;�,"".I.-I 4. -. A_��-. I ��, - - -1 - � � I" - 1, i I - I.. . . ". - . . � . - I "" % .!" ., .. . . . . . .. .. 4i��,,i'.,;,'�,i�-"-,.,�."�,-fY,�".t:�:'.,'4�..?;'�.4��t�;.�-. ..Z.-ki. `:-..", � , , .:. . ..., . . .. . '-- . --,.',.-,,: , �. � - . . . .... �A;., ;P..';�-�,'tp:,ij.j-:FQ ,�:-,....��...�,�-�il,:";....;;- % .�; , . "., . . _g�t,��,.� . . , . -�j -:,. . . . . _.., , ,.�t.., , :..X?." �! _ . .. - . ],��,,t�11,4 ... ... :.,',,i-x1:.�V - . . .� :: ... 1111:4-i,. , W��'Q - 41 Om M-Ul'-,�'an";�I'L�. . .. il �,.,�.�,-,;-�,z'�;.,;��%�lpt"l,."S., , " ..'�,,'., - ;;�i,Z.ii -,�� - . , . . - , " `4'L"1' " I - - . - � . . . - 1; - A141,vP,1.-,'V:b,I ,,,- ,QS �'?. . Z. gmMmaw I.' , ..tell i!�.Ft. : . . . -. .. �, - : . � : .. 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S. t I;— 7 7I t ; sw T.-t i�. - - .. - t .. . � - _. _ . � - - 777, t �.�, I ". , . .-i,, .�� 1" - - . . - �f_x�llt`vii,,,It- ,;.1:11 . oi 1". �.. . L .. . - . .- __ - - . - . .... - - - r • • SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working_ days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. if this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are' solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 • :, If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling 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 A,,jjvsG��E��NCY'S option, be considered null and void. Accompanying this proposal of bid, find d44n the amount of $ �d °� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 h J AC7421 Project Bid Schedule Phase 1 - CDBG Streets Included: Fir Drive. Emerald Lane. Cvoress Avenue. Michael Drive. Darsv Drive ITEM;, APPROXIMATE agUNIT NO. QUATITY ,. L .:_ ._ : ITEM 1NITH UNIT. PRICES _UN.RITTEN IN-1NORDS : , ,. P,RiCE .: TOTAL REMOVE/DISPOSE OF PARKWAY TREES AT.St�Mku.hd v e.4 -f:i �+ � (ImeS o v� l PER EA. a 1 47 O REMOVE/DISPOSE OF P.C.C. SIDEWALK D.%S 2 ' 17264 AT ?t - - J L L' ram.-fT chl PER SF 3 19330 PARKWAY EXCAVATION AT ±i -F- k -to e cz"Ib ova PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY Ob -4 67 AT {')L) k"v\d ✓tcL Q1o1(a.4,-,S 0 V l PER EA. , pZoo. i3, ydQ REMOVE/REPLACE-WATER METER BOXES AT -4 tO� h wrd✓ed �Ib (ar✓,5 O PER EA. 0°'�'jD g, boo. 5 43 REMOVE/DISPOSE OF CURB AND GUTTER AT f hl PER LF S• OV /a, 0' 6 4290 REMOVE/DISPOSE OF ASPHALT CONCRETE AT -e ( -k' -Fi J Ce r f-5 r,n l PER LF b $� 3 7 4290 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT 01% d-a ii u PER 8 5640 C_ aw- ^w SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER -0 db I La,,/ l 9 9261 AT h e. o, PER SF REMOVE/DISPOSE OF SPANDRAL AT 0�n{, da I Lk,- o k(,, PER SF l 10 5417 r CONSTRUCT P.C.C. CURB AND GUTTER AT a.rS Cif$ PER LF 11 4290 CONSTRUCT P.C.C. DRIVEWAY AT 44,y- 1laar5 i4-4- Cer-sl:5 PER SF 12 5640 -Z,cla CONSTRUCT P.C.C. SIDEWALK AT-i'W -04DI(aarj4h0_t,03 PER SF 13 17264 CONSTRUCT P.C.C. ASPHALT CONCRETE AT 'e j i• dal[a,✓s on.l PER TON 8a'op Sbo. 14 107 CONSTRUCT WHEEL CHAIR RAMP 15 900 AT X-ou✓ doll a.rs PER SF C� oD 31�oa. CONSTRUCT SPANDRAL 16 5417 AT -�Du.✓ l Lows 6►L, PER SF ou al (ob CONSTRUCT CROSS GUTTER AT E-✓ 04 1,1 a-45 -D PER SF �o 17 9261 18 47 FURNISH/INSTALL ROOT BARRIER AT - W-- k u Kci ✓ e_4 +k; A dt l la: f ovll PER EA. a 3"' /o) PLACE NEW PARKWAY TOP SOIL AND RESEED AT ��D � II a_rs o+�1 PER SF a 00 /3�' 19 67 EXCAVATE 2' X 2' HOLE & PLANT TREE AT Avems 4u,A Jr-�-h;�+ -�ufdo (LLr �`�ER EA. 3 '� �575� 20 47 21 12080 COLD PLANE AT-f k r-%I) U4\:'l Ov►l PER SF 0.30 v D'ob )0 >D D XD ;a �a )v 06 Oct 00 c� 60 L.O D oa O� • • MSC-421- Project Bid Schedule � ITEM::, APPROXIMATE- '` - UNIT= NO QUATITY,... . ' IT.EM.WITH UNIT PRICE$ WRITTEN IN WORDSs ; PRICE TOTAL ONE & ONE-HALF INCH OVERLAY 22 392 AT , f+ t .1a (taws ohs PER TON AA,136 •o' ADJUST WATE .VALVES AT 4WD k,&vxCLv -k-F�i (Jbl GL✓` ow PER EA. �p.OV 3�no(� � 23 12� 24 g ADJUST MANHOLES AT -(-wo h d rtc� �i -FI da ( au�� owl PER EA.s�"� �`�ID Total Amount Bid in Figures: Is 387, Total Amount Bid in Words: ✓ee, flu-tidr-e-d Dhc— uSa_k-,ve-e-- XLLvL -�-i f-4 y qlo (ld v,-s aid 4i" Qem, y D ed MSC-421 Project Bid Schedule Phase 2 - Measure M Cfr=afc Inrlurlorl- Snnlinhf Drivp_ Ramhlar Driva_ Thunrla_rhirrl Cirrle_ Snarrew Drive ITEM ; NO APPROXIMATE . QUATITY . , ....- mot' � � ^ � . .. ITEM WITH UNIT. PRICES .1N.RITTEN IN WORDS _ _ tiPRICE TOTAL REMOVE/DISPOSE OF PARKWAY TREES (PaoOv 1 81 AT 5t ku*,ArtaL4Q "I(&*es a PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK '-I'; b7 /7 ��� 2 23932 AT ,5e0 ' � C�{S .o -PER SF I . PARKWAY EXCAVATION AT i f-I t J(,' C-e4'1-"S ow PER SF ��• SSA �I T "`' 3 29915 REMOVE/R LACE IRRIGATION SYSTEM IN PARKWAY �o OD 6�gOD 4 30 AT +L->D 11whd-.'u( .�ICa/S 1 PER EA. REMOVE/REPLACE WATER METER BOXES- AT -f'W'� ' (tiu'►� d rc of PER EA. �o.ao !S) 5 76 REMOVE/DISPOSE OF CURB AND GUTTER AT -�iy e_ -Lb L(0._N_.5 o-k4 PER LF 6 5983 REMOVE/DISPOSE OF ASPHALT CONCRETE 0-e S/ 08 7 5983 AT `-f I� r4i G-,l PER LF 'SiJ REMOVE/DISPOSE OF P.C.C. DRIVEWAY 1•Dp �/ 8 4305 AT_Oht, cla L(ot.L PER SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER. D(nQ�.�o'1( 9' 6615 AT G-ti/ahl� PER SF., i REMOVE/DISPOSE OF SPANDRAL AT okC__ do ( (ate... PER SF 1• Oa S/ 10 4515 CONSTRUCT P.C.C. CURB AND GUTTER AT --i-F%-C,2M d•o I (a. S aNd ± C' n' 17 PER LF 1S• dal 73 11 5983 CONSTRUCT P.C.C. DRIVEWAY AT 4-1kr -r e- cAb L(a--s -(i- -f C•*-'E 57 PER SF 12 4305 CONSTRUCT P.C.C. SIDEWALK AT -4-wo C(u I la_,p- �i �k Cw� PER SF a 30 13 23932 CONSTRUCT P.C.C. ASPHALT CONCRETE � % � I L0,-S ov` PER TON �a' oo lI, 14 149 ATi CONSTRUCT WHEEL CHAIR RAMP q' 15 8550 AT Ctb I La -to 'Dw Ll PER SF 3`fl 3-0 CONSTRUCT SPANDRAL AT -4Duv- cib ILa-41-S ovl PER SF �' 1?/ 16 4515 CONSTRUCT CROSS GUTTER 17 6615 AT D v`LLi PER SF Al FURNISH/INSTALL ROOT BARRIER AT kwKd.v4.cL-Ai e cla ((aLv on.l PER EA. a3b•Oa $j (n 18 81 PLACE NEW PARKWAY TOP SOIL AND RESEED AT -ttJo CJfl((a0 PER SF }'� /SOS oa 19 84 ova EXCAVATE 2' X 2' HOLE & PLANT TREE AT 4Are•� �aKdr -fir+ -Fiv.e da1(a, PER EA. 3�6� �� 20 81 COLD PLANE AT `�K { Cam.5 a ti( PER SF o i 21 13706 3.6o .Otl 1. ebo 6b MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunliaht Drive. Rambler Drive. Thunderbird Circle. Snarrow Drive ITEM.---APPROXIMATE.,--"t r ' UNIT' NO : QUATITY .ITEM -WITH. UNIT. PRICES _WRITTEN_ IN}WORDS = _ _ PRICE TOTAL ONE & ONE-HALF INCO OVERLAY 22 736 o kk PER TON �$•� Ski ADJUST WATER VALVES 23 , g AT deloval PER EA. 0� ft 38 b- ADJUST MANHOLES AThhu-dv� 3R>•w 24 4 Total Amount Bid in Figures: Total Amount Bid in Words: I � rue--' a1r4d- -f iao otisa-pai u.r- u ytdvccl- �o i �,L�-1--e.e,v� �o I (o�.rs �.�. -�'w e+�-4-+t C •e..�-f� hd✓� Sever -�✓� lCays a P.d -��� C`�� 0 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 CDnere 3� W �+ti� ( e(vQ G�'2�-�SRC�I �t"loy 3544.1.( � 3 a✓ o� � CG�h SCa'� i CL l�.Y 6 S S I Y�-C Se✓ C e'tG �� /� Lb "c ` b 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 0 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and .says that he or she is of &, j n & Z�Kt- • . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf cf, any undisclosed person, partnership, company, association, . organization, or corporation; that the bid is, genuine and not collusive or sham; that the bidder has not.directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else • to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not' in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder %-- e�— 0K--1 Signature of Bidder "4Ve T" , -11:� 5-f33---V 3 Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C4 GALIFURNIA ALL-PURPOSE AGRNUWLEDGMLNT No-sts3 State of CALIFORNIA County of SAN DIEGO On-6 3before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATt I NAME, TITLE OF OFFICER - E-G.,'JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR 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 and ac- knowledged to me that he/she/they executed DEBORAH D. DAVIS the same in his/her/their authorized N Q COMM. #1412744 capacity(ies), and that by his/her/their N d o NOTARY PUBLIC-CALIFORNIA rn SAN DIEGO COUNTY N signature(s) on the instrument the person(s), My Comm.Exp. APRIL21,2007 or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT � OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 0 J Contractor By Tile C-5 DISQUALIFICATION QUESTIONARE 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 �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: V �lw 10k Le Contractor By W�►+�Id�i%1��/ Tit] C-7 u 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 TitleJL4��� Date:4�;Vb 4 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 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. Signature -of Bidder .04k , ' Print d or Typed Signature Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers; for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Man r: tA Contract Amount 2. Name and Name and 3. Contract Amount Type of Work Vublic Agency No. of Project Manager: Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, • G. R(A. 10--2 33 -1 L1) 30 Telephone Number State Contractor's LicensJ No. and Class OriginY Date Issued Expiratilbri Date The work site was inspected by AWN of our office on , 20 d . The following are persons, firms, and corporations having a principal interest in this proposal: State Zip C-9 La Paz Rd Stabilization Various Streets Reconstruction 105th Street Reconstruction Street Realignment Concrete Work Animal Shelter Demolition Lambert Road Improvements Encinal Canyon Road Avenidas Montalvo & Lobiero Citywide AC Overlay Bastanchury Road Improvement Del Obispo Median Project Ocean Ave. & Main Sewer Rehab Vista Pacifica El Morro School Improvement Northwood HS Aquatic Facility Yale Ave Rehab Western Ave Rehab Myrtle Area ORION CONTRACTING, INC REFERENCES 2/2003 City of Laguna Niguel City of Laguna Niguel L.A. County Dept. of Public Works Hunt Club Homeowners Assoc. Disneyland Hotel City of Long Beach L.A. County Dept. of Public Works L.A. County Dept. of Public Works City of San Clemente City of Westminster City of Yorba Linda City of Dana Point City of Santa Monica City of San Clemente Laguna Beach Unified School District Irvine Unifed School District City of Irvine City of Stanton City of Hermosa Beach Nick Renn 949-362-4437 Nick Renn 949-362-4437 Public Works Dept. 626-458-5100 DMA Contracting 714-665-1995 DMA Contracting 714-665-1995 Gillis Monroe 562-570-5167 Jamie Engler 626-458-5100 Tony Assume 626-651-2782 Gary Voborsky 949-361-6132 Kevin Sinn 714-898-3311 Pat Guzik 714-961-7170 Bob Schoettle 949-248-3554 Mick Fuller 714-428-4515 Pat Sullivan 619 682 3889 Carl Neuhausen 949 497 7700 David Eaves 909 907 9944 Mark Stowell 949 724 7543 Bob Doss 949 379 9222 Curaker 310 9914472 AMOUNT $170,000 $166,000 $328,000 $200,000 $58,000 $228,440 $449,483 $1,107,728 $84,359 $736,000 $399,381 $729,574 $618,118 $1,250,000 $284,500 $642,428 $728,68o $283,694.70 $4i8,305 May-oi Jul-01 Sep-oi Mar-oi Mar-oi Aug-oi Apr-02 May-02 Apr-o2 May-o2 Jul-02 Dec-02 Apr'o3 May '03 Jun '03 Jul '03 Nov'o3 Jan'o4 Jan '04 • 0 9 CITY OF HUNTINGTON BEACH 2000 MAIN STREET Liz Ehring CMC Assistant City Clerk LE:pe Enclosure CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 AXE. 0 �l 721-27- 3,--7--' -;7�: (Telephone: 714-536.5227 ) CALIFVKPIIA ALL-VtJKPV5t AGRNUWLED{aMtN I No.5193 State of CALIFORNIA County of SAN DIEGO On 3/26/2004 before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared KENNETH A. WEIR, MARK D. IATAROLA NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved: to, me on the basis of satisfactory evidence to be the person(s) 'whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 9E'lti DEBORAH D. DAVIS capacity(ies), and that by his/her/their COMM. #1412744 signature(s) on the instrument the person(s), m+ so NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY or the entity upon behalf of which the °, „oaN• My Comm. Exp. APRIL 21, 2007 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY �— OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_ THE DOCUMENT DESCRIBED AT RIGHT: OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) ❑.:LIMITED [:]GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ?ti BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, ORION CONTRACTING, INC. as Principal, hereinafter called the Principal, and the WESTERN SURETY COMPANY of 2355 EAST CAMELBACK ROAD, SUITE 500, PHOENIX, AZ 85016 , a corporation duly organized under the laws of the State of SOUTH DAKOTA , 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 GREATER AMOUNT BID ---------------------------------------------- Dollars ($ 10% ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. .WHEREAS, the Principal has submitted a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26TH day of MARC 2004 " 1 O CONT NJTL_'BY:(Seal) P-77 rincipa, \ / Witness KENNETH A. WEIR, PRESIDENT Title WESTERN SURETY COMPANY Witness _ B/% y / t� v MARK D.. IATAROLA, Attorney -in -Fact S-0054/GEEF 1 FRP t/estern Surety CoApany POWER OF ATTORNEY APPOINMG INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Helen. Maloney, John ;G:. Maloney, Mark D_Iatarola, Karen Jean Hall, Individually of Escondido, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of sintilar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of November 2003: WESTERN SURETY COMPANY , O N�4�P0gq�;s� ` V all Paul . Bruflat, Senior Vice President State of South Dakota } )? ss County of Minnehaha On this 25th day of November, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to hike authority, and acknowledges same to be the act and deed of said corporation. My commission expires +tititititirY.tiytiti��.titititititiyvtiti D. KRELL r November 30, 2006 f NarAHY PUBLIC SFu f rsEa� souvi OAKOTA r +titiwwN %44.4ti�titi.tititi�tititirtiti D. ICreti, No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26TH day of MARCH , 2004 s' rYo WESTERN SURETY COMPANY O f %Sg pv �ij �N L- Nelson, Assistant Secretary Form F4290-01-02 i NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 We are providing this" disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety. Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading; PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 K0,77M -`I"'-KY dN ST. XTs6xiREiT -CA .90630-2243..; E:(7i4)'995-i490_-' � (7.14) 995-5707: LUS MAH 'v" 41 4 Aq JQ �0it nz 47fl 1� " LA� f.A alum a vo, " w ;, \,• � r ?— i 11 yy a. F F• Jt it- t.- r� K e J r t a t � FV j 'pm; '.�-Wl , — 77 ..47 "W W-7 -1 5 St wy A 'L �if45��S{{r;���`tR 4�z O� j�F��ACt'y. y -'. .f�. / AMMON.& �A 77 WW114 . . ..... Vx ;,rj 91, Tmbd 0 0 SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 • 0 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 19&mw-j sBon,Din the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 • 0 MSC-421 Project Bid Schedule Phase 1 - CDBG Streets Included: Fir Drive. Emerald Lane. Cvnress Avenue. Michael Drive. Darsv Drive .ITEM = APPitOXIMATE '�k'UNIi x -' NO. QUATIT,Y tom' a .��,.17Ef1A:=WITy.UNIT PRICE5INRITTEN`IN.WORDS REMOVE/DISPOSE OF"P//ARKW TREES '�/ 1 47 AT Soo k--Al Arza PER EA.. GrO�,U17 REMOVE/DISPOSE OF P.C.C. SIDEWALK AT -]/fS• PER , 2 17264 Z�Ae- q+ SF PARKWAY EXCAV.�ATI9 N °l 3 19330 AT _—ade l,> AA, PER SF REMOVE/REPLACE IRRIGATION YSTEM AY IN P� 4 67 AT e 5EA. REMOVE/,REPLACE WATER M TER B XES N o0 5 43 AT PER EA. REMOVE/DISPOSE OF CURBAD GUTTER 6 4290 AT 4E%Zbl (49S PER LF �� 3q ' REMOVE/DISPOSE 7jg�wF ASPHALT CONCRETE AT PER %.� y 7 4290 _ one LF REMOVE/DISPOSE OF �P.C.C. DRIVEWAY 'T ob 8 5640 AT TWO �/5 PER SF i REMOVE/DISPOSE.OF EXISTING CROSS GUTTER �v��A�S 9 9261 AT T'4/v PER SF G REMOVE/DISPOSE OF SPANDRAL ` �%1�.c �bC� 10 5417 AT !:Qo PER SF f O CONSTRUCT P C.C. QURq AND GUTTER (AL-S ~� �� -7 11 4290 AT �G/� PER LF 1 CONSTRUCT P.C.C. DRIVEWAY 12 5640 AT Jif ee-GU�d -St/401b /bllii-s' PER SF �,sv CONSTRUCT P.C.C. IDEWA�jK AT "'1&0 &I(A" S d y.3 13 17264 U,,D of%'b PER SF cZ CONS�TRl,1CT P.G.C. ASPHALT CONCRETE /�600 14 107 A�PER TON /(p CONSTRUCT WHEELCHAIR MVP 6 15 900 ATPER SF i CONSTRUCT SPANDRAL AT �)Ld'D T) c� 16 5417 (n AgS PER SF CONSTRUCT CROSS GUTTER AT col (ARS �f 17 9261 fir5t12 AN`> PER S F FURNISH/I STALL RO T BARRIER 18 47 AT BYLP_ 1'1Ny►t�') _T7 PER EA. %00.00 `f%D PLACE NEW FrARKWAY TOP SjIL AND RESEED 19 67 AT` rhf eYt!wD!'e7 r>d (Ap.S PER SF EXCAVATE ' X 2' HOLE & PLANTTR-,EE 20 47 AT %✓itN'L1r�� �y'TdC�S' PER EA. COLD PLANE AT /ate PER SF �S 21 12080 L�vhC a�� :2.m �p10D u, b"YD ISb.vv Z%t?YD ;.a.-5D w"'D f30 -OD 7` o, C50 .(4d.45D Co-7`f,Sz:) 0,- (gip. cS� 2.2g.03 MSC-421- Project Bid Schedule ITEM APPROXIMATES, ? UNIT . NO ._ W E 17M.1NtT.H UNIT,PRICES.WRITTEN:N . TOTA(° ONE & ONE-HALF INCH OVERLAY 22 392 AT �. ve l7a�lS PER TON ADJUST WATER V LV Z✓a 3 23 12 AT S PER EA.� ADJUST MANHOLES ` AT PER EA. q 24 9 /' l ,S� Total Amount Bid in Figures: $ , CID Total Amount Bid in Words: r IN u 5 sal t k5'-� S/x lc�l (A7- 5 `• , . 0. L3-0 • ) . MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunliaht Drive. Rambler Drive. Thunderbird Circle. Soarrow Drive IT15M3 APP07CIMATIr '��"r�{�,� v ,NC3 ` y 'SQUATIiY . ��tEt111 WH.,UNITS�WRITEN:1I.3NORDS':- .,.PRICE 70TAt, REMOVE/pISPOSE OF PARKWAY TREES 1 81 ATF1 vz wQrct'7 A i4 W(Afu PER EA. _CS64D REMOVE/DISPOSE gqF P. C. SIDEWALK AT `O/A20 SF %, cS b ?>15 2 23932 ©r%e- q AS PER ; PARKWAY EXCAVATION 3 29915 AT ��/t'A� PER SF C3 o REMOV /REPLACE IRRIGATION SYSTEM IN PARKWAY �,elit?S �o 4 30 ATAne K 0 - PER EA. %7S REMOVE/REPLACE WAT R MET R BOXES 5 76 AT H S' PER EA. J� I REMOVE/DISPOSE QF CURB AND GUTTER o 6 5983 AT %1 S PER LF L�� y7 RENIOV /D. SPO E OF ASPHALT CONCRETE 7 5983 AT OiV— PER LF S REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT `%Ct PER SF 8 4305 lb4t4L-S 13 REMOVE/DISPOSE OF EXISTING CROSS GUTTER sixl(A-a-A a, a /3 9 6615 AT 1 �,�,� PER SF REMOVE/DISPOSE OF SPANDRAL AT -1>,>11A(2--S Zoo 10 4515 PER SF CONSTRUCT P.C.C. CURB AND GUTTER / 7,0 6 b' 11 5983 AT PER LF % CONSTRUCT P.C.C. DRIVEWAY Atl:h/er- Sa 3:S O 15- 12 4305 AA,''% � 1::)dl*" PER SF CONSTRUCT P.C.0 ;I EWALK `wD ��ijS b 13 23932 AT —D i} PER SFs S� CONSTRICT P.C.C. ASPHALT CON RETE 06 14 149 AT u ViAre`b PER TON ,J v 2-2- CONSTRUCT WHEEL CHAIR MP 6-0 15 8550 AT -5cx q PER SF CONSTRUCT SPANDRAL AT S°lob �,`SO 16 4515 fur gt'1-( 7�p//A" PER SF 01p CONSTRUCT CROSS GUTTER AT 6,tf- AZ6 SF 17 6615 ' S PER FURNISH/INSTALL ROOT BARRIER 18 81 ATGY'IP_ 1uv11 PER EA. /00,C>0 ci PLACE NEW =MD AY TOP SOI AND RESEED 19 84 AT J PER SF EXCAVATE 2' X 2' HOLE & PLANT TREE 20 81 AT DM >all PER EA. %Sd•dlLi /a COLD PLANE AT A� �vp PER SF 21 13706 �✓1.� Alt he= -a sv-JD �qv, at> y as -OD JKv-0 Wm-lm 71/yoa w(d'7,5-4> c70 S7S v0 70% •sD c7'O - JQ 20-P. I Sb-'v 797. ,,v • • MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunlight Drive, Rambler Drive, Thunderbird Circle, Sparrow Drive ;ITEM _ 11PpROXiMATE 'Teri .5 4UATIfY ia�-u��.%SE.S'i 2-ta1C�[ TE ft—H,UNIT PRICESWIT7EN::.IN Y1fORDS A.� TO.TAL sN ,._ a, 11-N— _ .PRICE fi ONE & ONE-HALF INCH OVERLAY 22 736 AT S 17a11,4" PER TON vo ADJUST WATER VALVES AT Twv PER EA. _ 6 23 6 j;Z o�Z ADJUST MANHOLES _ 24 4 AT "—� �r P7RE�o Total Amount Bid in Figures: $ & J Lf, 6 ;5 Total Amount Bid in Words: I S FOD-SD • • 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. lq 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 M�aFac..,A.-R�,A�1N l.l.p , being first duly sworn, deposes and says that he or she is PR�slDE1.Tf' of MAM,pN CniyST' CGS. 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. ► K 0 Name of Bidder Signatu laic idder MAQC=A ANN_ZU L_Lro-pRc,SIDENTr aeS1 WAMSMW Sr..-QfRR65. CA-9_C)6 C0 Address of Bidder fL Subscribed and sworn to before me this of day of�, 20,0 THELMA BARILLAS COMM. #1407673 NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY My Comm. Expires Apr. 25, 2007 NOTARY PUBLIC NOTARY SEAL C-4 • 0 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The. undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are -binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. :,,&-Mors cnwsr CO. Contractor 0 �RESI �E NT 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. 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. )NMC>M Gx�NST CO. Contractor t �- s► DE+sT' Title C-7 u • 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: NJ 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: EBBS 1 WAT'SoN 5T: Business Address C-Y Pf IE-SS CA. 9 O!o 3(=) City, State Zip (-71+) 995--51-4.90 Telephone Number QBoS SE A State Contractor's License No. and Class �Ec�n gtlZ I �, C�9 Original Date Issued Aft L- Sc- BCD± Expiration Date The work site was inspected bycJr.6EP+1 54.) LLD of our office on A ATZcJ-1 11 , 20Q4 The following are persons, firms, and corporations having a principal interest in this proposal: a>-k M cc) N Cam. A cA U F-oR-N I A C.d hZ PS T N MAt'Z��.2ET PANtV I-yl_1 t?R�F-SlDE.t-= C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name MARGA,—R_' r AN N Q L.Lp — ter 5 t D CNT' Printed or Typed Signature Subscribed and sworn to before me this _ day of ,200 SEE ATTACHED CALIFORNIA ALL-PURPOSE NOTARY ACKNOWLEDGMENT, 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: i�t-��°r5>✓ sEE f�Tf—l�C3-l�7 EC�'— MZE�1?.�1�1C� L.—L51- 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Los Angeles On March 29, 2004 before me, Thelma Barillas, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) ❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(w) is/ore subscribed to the within instrument and ac- knowledged to me that 4e/she/try executed the same in his/her/*s*r authorized capacity(iss), and that by his/her/We*p- _ signature(e) on the instrument the person(&), °:. �•,: THELMA BARILLAS ? or the entity upon behalf of which the X `• COMM. #1407673 -0 person(s) acted, executed the instrument. X. ? NOTARY PUBLIC -CALIFORNIA 3 LOS ANGELES COUNTY 1 My Comm. Expires Apr. 25, 2007 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 • 0 DAMON CONST. CO. PROJECT REFERENCES PUBLIC AGENCIES City of Azusa Lance Miller (626) 334-5125 City of Baldwin Park Arjan Idnani (626) 960-4011 City of Bell Luis Ramirez (213) 588-6211 City of Bell Gardens William C. Pagett (562) 806-7700 City of Burbank Kristy Shadle (818) 238-5500 Caltrans Mohammed Pasebani (310) 609-0264 City of Cerritos Don Faber/Joanne Wozniak (562) 860-0311 City of Inglewood Joe Green (310) 412-5280 City of Irvine Ralph Vargas (949) 724-7616 L.A. Neighborhood Initiative (LAM) Joyce Perkins (213) 627-1822 L.A. Unified School Dist. Jerry Castillo (323) 789-5030 City of Long Beach Gillis Monroe (562) 570-5171 City of Newport Beach Kenneth Kim (949) 644-3309 County of Orange Robert Witing (714) 567-6253 City of Santa Monica Greg DeVinck (310) 458-8733 PRIVATE FIRMS Amelco Construction Rebecca Bishop (310) 327-3070 Brutoco Engineering Ken Corey (909) 350-3535 Del Amo Construction Harry Donahue (310) 378-6203 E & T Constructors Roger Madison (562) 495-8278 Excel Paving Co. Kurt Brown (562) 599-5841 FTR International Ahmad Alayoubi (949) 263-8170 GCI Construction, Inc. Floyd Bennett (714) 957-0233 GEK Construction, Inc. Steve Dixon (310) 360-9304 Gordon &Williams Doug Allen (949) 588-2855 Hensel -Phelps Construction Chris Chacon (714) 490-0019 Herzog Contracting Corp. John Weldon (909) 885-1316 Kemp Bros., Inc. Luis Cevallos (562) 236-5000 Kiewit-Pacific Co. Bill Allen (310) 649-1759 H. A. Lewis, Inc. William Speer (310) 478-1511 MCM Construction Ed Orsi (916) 334-1221 McCormick Construction Larry McCormick (818) 843-2010 Majich Bros., Inc. Paul Majich (626) 398-9992 Merco Construction Mary Williams (805) 987-8615 Metro Builders Fred Williams (949) 515-4350 Modem Continental Ural Yal (310) 223-3991 C.C. Myers Brian G. Ramsay (310) 643-7900 Nobest, Inc. Larry Nodland (714) 892-5583 R.J. Noble Co. Stan Noble (714) 637-1550 W.E. O'Neil Construction Jim Surdyk (310) 643-7900 Ortiz Enterprises Linda Filsinger (949) 753-1414 PCL Construction Services Robert Blankmeyer (818) 246-3481 Andrew Papac and Sons Richard Kordich (626) 443-4061 Peck/Jones Construction DonKanning' (310) 726-3011 Ryco Construction Pat Ryan (310) 324-1151 J.F. Shea Const. (Advanco) J.L. Russell (909) 982-8803 Shimmick Construction Ted M. Arihara (323) 224-6000 Steiny and Co. Dave Chadbourne (626) 338-9923 Swinerton Bldrs. Tom Tunzi (310) 342-0256 Ken Thompson Schalk Opperman (714) 995-1371 Western Paving Bill Miller (626) 338-7889 E. L. Yeager Tim Wilson (714) 985-9992 PROJECTS CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT AMOUNT DATES Burbank Sidewalk & Ped Ramp 800,000 1-98 PCL Construction Services L.A. Sports & Entertainment Ctr 547,541 7-98 Morley Construction UCLA P.S. #4 Expansion 67,646 2-99 C/O Baldwin Park 1998-99 Gas Tax St. Imp. 234,512 4-99 C/O Burbank 1998 Street Imprv. 782,016 4-99 C/O Azusa Foothill Blvd. Overlay 456,855 6-99 Peck/Jones Continental Grand Plaza 217,580 6-99 C/O Inglewood Sidewalk & Ped Ramp Const. 170,400 8-99 E & T Constructors La Serna H.S. 186,393 10-99 Del Arno Const. Bundy Dr. 134,460 12-99 Excel Paving Co. S/W Imprv., Long Beach 884,685 1-00 R. J.Noble Co. Yorba Linda Blvd. Imprv. 72,129 8-00 E. L. Yeager . State Rte 91 @ Harbor Blvd. 347,820 8-00 LANI Fairfax Village 235,750 9-00 Excel Paving Co. Annual St.Resurf., Glendale 312,244 9-00 Hensel -Phelps Disney Paradise Pier Proj. 133,000 10-00 McCormick Const. DPSS-Glendale Office Bldg. 102,850 10-00 R.J.Noble Co. Floral Park, Santa Ana 99,063 10-00 City of Simi Valley 2000-01 Curb,Gutter,S/W Repl. 327,201 12-00 Excel Paving Co. Street & Alley Imp., Fullerton 59,928 12-00 Excel Paving Co. Street Repair, San Clemente 50,233 12-00 City of Burbank 2000 Citywide S/W Repair 795,018 3-01 Excel Paving Co. Chase Street, Panorama City 61,474 3-01 Advanco Constructors Terminal Island, San Pedro 223,000 4-01 Excel Paving Co. Inglewood C#00-142 157,532 4-01 Excel Paving Co. Citywide Repairs Ph 3 527,534 4-01 Excel Paving Co. Citywide St.Repair,Long Beach 344,598 5-01 Kiewit Pacific Co. LAX Taxiway "C" 27,390 6-01 Excel Paving Co. Compton Ave. 263,095 9-01 Andrew Papac and Sons Busby Storm Drain 105,051 12-01 City of Long Beach S/W Repl. (R-6521) 1,776,500 1-02 GEK Const. La Cienega Ctr., Hollywood 78,078 1-02 H. A. Lewis Van Nuys E.S. 170,482 1-02 MCM Const. Katella Ave. 12-013334 132,000 1-02 Metro Builders Downey Intermodal 62,445 3-02 Excel Paving Co. StreetRep., Long Beach 548,010 6-02 Brutoco Engineering Ave.VistaHermosa,S.Clemente 152,675 9-02 Modem Continental Del Amo Grade Separation 361,793 10-02 MCM Const. Imperial Hwy. 07-119464 240,800 10-02 LAUSD Mann M.S. 128,900 6-02 Majich Bros., Inc. Seal Beach Alleys 82,609 2-02 City of Bell Atlantic Ave. 81,020 5-02 Kiewit Pacific Hollywood Water Quality 185,195 5-02 Swinerton Bldrs. Howard Hughes Center 153,995 7-02 Metro Bldrs.. Sepulveda Park West 62,482 5-02 Excel Paving Co. Compton Ave. 263,095 7-02 Herzog Contracting SCRRA Inland Empire 85,644 9-02 GCI Balboa Village,Newport Bch 189,236 11-02 City of Hermosa Beach Manhattan Ave. 456,600 2-02 City of Bell Gardens Safe Routes to Schools 601,075 10-02 R. J. Noble Co.' Culver Dr./Michelson 79,932 8-02 City of Newport Beach Balboa Island 517,004 6-02 Majich Bros. Via Cerro, Newbury Park 119,500 8-02 Excel Paving Co. Boeing Blvd.#54, Long Beach 210,300 12-02 County of Orange Rossmoor Area 393,797 4-03 City of Irvine Annual Conc. Maintenance 161,210 6-03 Kiewit-Pacific • JvVPCP — Carson 15 InProg. Nobest Annual S/W Repairs,Long Bch 70 InProg. Excel Paving Co. Olympic Blvd., Beverly Hills 435,084 InProg. Western Paving Metro Blue Line Ext.,Pasadena 169,142 InProg. Amelco Const. Additions to Bell Gardens H.S. 643,000 InProg. Ortiz Enterprises 710 Freeway, Long Beach 20,068 InProg. Gordon & Williams Central Juvenile Hall Housing 155,541 InProg. Metco Southwest Campus Housing,UCLA 115,130 InProg. W.E. O'Neil Belmont Village,Rancho P.V. 148,275 InProg. Kemp Bros. Huntington Park E.S. 394,000 InProg. City of Long Beach Annual Concrete Maint.(R-6595) 1,800,000 InProg. IvMajich Bros., Inc. Seaward&Thompson,Ventura 23,550 InProg. FTR International Broadway/Golden E.S.,Long Bch 35,342 *** C.C. Myers 07-1257U4, Diam.Bar/Industry 106,500 *** R.J. Noble Orangethorpe Ave.,Fullerton 56,415 *** R.J. Noble Bastanchury Rd.,Fullerton 10,500 *** Steiny and Co. Columbine/La Pahna,Anaheim 11,440 *** ** Start date has not been scheduled. P41 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK To: D N`S ci7d`cJ �� CALIFORNIA 92648 Enclosed please find your 10 original bid bond issued.byC/l�G�-%G� for City..Clerk� Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone:714536-5227) ARCH INSURANCE COMPANY ` SU 5005841 BID.BOND. KNOW ALL MEN BY THESE PRESENTS: That we, DAMON CONST. CO. as Principal, and the ARCH INSURANCE COMPANY a corporation organized and existing under the laws of the State of MISSOURI, and authorized to do business in the State of California as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of 10% of the total amount bid not to exceed 10% OF THE TOTAL AMOUNT BID (TEN PERCENT OF THE TOTAL AINIOUNT OF THE BID) DOLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the ARCH INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED; DATED: MARCH 29, 2004 DAMON CONST. CO. Arch Insurance Company' (Principal) � (Surety), By: l� �n�. By: "A AN a Ru L1.p t .>c51 — Brdd Lafr , Attorney in F31A DIRECT CORRESPONDENCE TO: I ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., STE. 825., PASADENA, CA 91101 J PHONE (626) 535-0855 • FAX (626) 535-0875 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On March 29, 2004.before me, Thelma Barillas,.Notary. Public . DATE - -:. NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(w) is/are subscribed to the within instrument and ac- knowledged to me that #e/she/td y executed the same in his/her/WiFe4r authorized capacity(4ss), and that by I%Whe.r/ @#1= THELMA BARILLAS signature(s) on the instrument the person(s), ,.••....:. I COMM. #1407673 -0 or the entity upon behalf of which the NOTARY PUBLIC • CALIFORNIA LOSANGELESCOUNTY A person(s) acted, executed the instrument. My Comm. Expires Apr. 25, 2007 WITNESS my hand and official seal. ... SIGNATURE OF NOTARY .: . . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 -r� ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The -United States Will pay ninety percent.(90%) of .covered terrorism losses exceeding the`applicable' insurer deductible. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 29 ' MARCH 2O04 t)efore me; WENDY H. ` DOTdNS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER -E.G., -JANE DOE, NOTARY PUBLIC. personally appeared BROOKE L FF"Z NAMES) OF SIGNER(S) personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/a-Fe subscribed to the within instrument and ac- knowledged to me that-he/shelthey executed the same in h+s/her/44e4 authorized WENDY H. DOWNS capacity(+e-&), and that by-h4s/her/thei y NotaryPublic- California y signature(s) on the instrument the person(b) COMMISSION # 1408483 � � San Diego My Comm. Exp. Marrcht30,2007 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tmi(s) . ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL` ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(8) OR ENTiTY(IES) SURETY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 POWER OF ATTORNEY 0 Know All Men By These Presents: That the Arch Insurance Company,_a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Brooke Lafrenz, Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby and Wendy H. Downs of San Diego, CA (EACH) its true and lawful Attomey(s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as : binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of.Attorney is executed by `authority .of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by:. - the undersigned Secretary as being in full force and effect: . "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, . and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company. on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing. and filed with the Secretary, and. the signature of the Secretary, the seal of the Company, and certifications: by the Secretary, may be affixed by facsimile on:any. power of. attomey.or bond executedpursuant` tothe: resolution adopted by the Board of Directors on March .3; 2003 and any such `power so executed,. sealed and .certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company Ocaused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of March , 20 04 Attested and Certified ev�once C C O colt TE n :& e 1971 [� i{S1Ctlil �� Joseph S. L I, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company Thomas P. Luckstone, Vice President t Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Label[ personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MBJSSA B. GILW". notary Public my Sloe of CAnre�crrt Melissa B. Gilligan, Notary Public Commissar Expires F 28, 2005 _ - _ M y commission. expires 2 28, 05 CERTIFICATION' 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 1. 2004 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attomey the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 29TH day of MARCH , 20 04 . �r Joseph S ell, Corporate Secretary .This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. eviance C �. o coelorwTt �4 y 6 1971 �ittond Home Office: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. t : : - _ t r rjY : •J • e j. Y • :r:• -Ml^`Jf F .t t^ - ''L . 1f. - :"�^'.:�• ii'�t•1�,. 1� r� - tR ?n�• - M'i C' r 'ai• f CD . •-. o.::�... -:�.. ?:=i....,...... . •:+.� .i!!-:,.._:. r, ;'.i': "'q;) `i=.:: t: N.;`� 7.?2i�< '.]2rj ,•�� 41 -.0 J t"r . , : .s• •J1' 4. 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T t cJ 7 '::1> '•' SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 dJeA in the amount of $ �t��5�4� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received. Bidder's Signature C-2 • • LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. 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' Yl v'\ So-Y fj o , being first duly sworn, deposes and says that he or-sfm is rP516(e n t. of C ,--j 1 K,-- 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. SANDRA E. SCHOTT C"jhommission # 137,29931Z Notary Public - California Los Angeles County My Comm. Expires Sep 30, 2006 Subscribed and sworn to before me this o-i NOTARY PUBLIC I Vic, Name of Bidder of Bidder � ✓>S'G,�-D 7 1 11zllg'i 1A�e lit& Address of Bidder day of Ntwc k— , 20 2�t. 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualifeed 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: e-;�'r�_,"6 `� 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 �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. —?,'DA �� Contractor Title C-7 u 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 h jk /Wei — City, ( -�&) -7 -7 -7 - 2--2`2-Z Telephone Number 9-)-o-q State Contractor's License No. and Class ZI--k -% 6 State Zip Original Date Issued Expiration Date The work site was inspected by 1 i strM of our office on 3 , 20e� The following are persons, firms, and corporations having a principal interest in this proposal: C-9 i i �� NNAI rO. � N w 7 M =Pon S (NA � C LL7 o Ea¢ E U U0 J Z v 0 r 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. :J- &54ruc,17 cy-n Company N Signature of SG-- ✓' r 6 Printed or Typed Signature x and sworn to before me this-, day of /"! I , 200 NOTARY PUB NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 93 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 0 0 ci CONSTRUCTION, INC. 11418 Fidel Avenue • Whittier, CA 90605 • Phone (562) 777-2222 • Fax (562) 777-2220 Removal of trees and adjacent curb, gutter and sidewalk at Various locations City of Bellflower 16600 Civic Center Drive Bellflower, CA 90706 (562) 804-1424 ext 2250 Paul Zweip Completed 3-25-03 Final contract price $74,743.70 with change orders, original contract price $65,491.00 2690 Damaged parkway City of Norwalk 12700 Norwalk Blvd. Norwalk, CA 90650 (562) 929-5527 Toni Tucker Completed 08-21-2002 Final contract price $603,153.84 with change orders, original contract price $590,500.00 Installation & Repair Concrete PK0001-4 (Year 3 of 3 year contract) City of Ontario 1425 S. Bon View Ave. Ontario, Ca 91761-4406 (909) 391-2507 ext. 6717 Dale Adcock Completed 4-14-03 Final contract price $ 825,000.00 with change orders original contract price $696,578.00 Sidewalk Replacement Various Locations City of Covina 125 E. College St. Covina, Ca 91723-2199 (626) 252-7251 Leo Tolentino Completed 6-21-02 Final Contract price $197,346.55 with change orders original contract price $160,275.00 Removal & Reconstruction PCC Sidewalk City of Beverly Hills 455 N. Rexford Dr. Beverly Hills, Ca 90210 (310) 285-2506 Rob Besste Completed 8-9-99 Final contract price $ 448,992.55 with change orders, original contract price $464,470.00 • Citywide Curb and Gutter Replacement Project City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 902474 (310) 378-0383 Wendy Force Completed 4-11-03 Final contract price $82,723.10 Curb, Gutter and Sidewalk Reconstruction Project No. 4471 City of Fullerton 303 W Commonwealth Avenue Fullerton, CA 92832-1775 (714) 738-6875 Karen Kobeyashi Completed 3-25-03 Final contract price $353,703.20 with change orders, original contract price $312,251.25 Downtown Sidewalk Repair City of Riverside 3900 Main St. Riverside, Ca 92522 (909) 826-5889 Daniel Ciacchella Completed 5-15-2001 Final contract price $78,365.68, original contract price $87,175.00 City of Santa Fe Springs 11710 Telegraph Rd Santa Fe Springs, CA 90670 Various projects (562) 868-0511 Casey Morales Insurance Agents Andreini & Co. One McArthur PI. Ste. 100 South Coast Metro, CA 92707 (714) 327-1400 McLure Insurance Agency 2112 N. Main St.,Suite 205 Santa Ana, CA 92706 1 MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunliaht Drive. Rambler Drive. Thunderbird Circle. Sparrow Drive ITEM4 APPROXIMATE, - -UNIT NO `. QUATITY, ....-... _ ITEM;WITHUNIT,PRICES WRITTEN IN.WORDS`: =. PRICE ...TOTAL° REMOF PARKWAY TREES 1 81 AT J�,uQv, k Mioo� et via not loa dD liar r PER EA. AT ^)off, oo t,4,76b REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 23932 AT 0►\-e_Gnd na/1oy dolla.,6 PER SF oo a 9 y PARKWAY EXCAVATION 3 29915 AT ON A � nohoo af-s PER SF (, oo a REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 30 AT �UUr 6Pr&j LIY� no/ (00 dollctrS PER EA. %(),OO IA coo 0 REMOVE/REPLACE. WATER METER BOXES 5 76 AT A)Y'6 rol I (}-D 8011 a,rs PER EA. A50 ,w. 00 11,006 REMOVE/DISPOSE OF CURB AND GUTTER 6 5983 AT "�wv lhnck no 0o Glollars PER LF $(,oa 119(106 REMOVE/DISPOSE OF ASPHALT CONCRETE 7 5983 4n AT 'e rkn6 rio%Iba dollars PER LF ,o0 5 183 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 4305 AT On-e Qro A-OLI Zm dollars PER SF I.c b S -� REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 6615 AT Gyi6 noJtoo dollars PER SF A,od 13 �30° REMOVE/DISPOSE OF SPANDRAL 10 4515 AT IWO and nolloo c}otlafs PER SF �,pb woo CONSTRUCT P.C.C. CURB AND GUTTER 11 5983 AT 1kgy4y—Awo Grp, no/too doltatT PER LF aa.06 Ix I? (off CONSTRUCT P.C.C. DRIVEWAY 12 4305 AT 0.r)a na oa doL•lars PER SF 3,0o im,5, CONSTRUCT P.C.C. SIDEWALK 13 23932 AT -fll(,a ai6 nohoo clottarrs PER SF 3,04, ea 1 -I 6 CONSTRUCT P.C.C. ASPHALT CONCRETE 14 149 AT E -ewe a ho yob do1Iocs PER TON 9506 .00 b(nS CONSTRUCT WHEEL CHAIR RAMP 6 15 8550 AT _-Q,V-e loo do 1 r PER SF CONSTRUCT SPANDRAL 16 4515 AT &,-ect,rLo ioo do jars PER SF 9,00 316o5°` CONSTRUCT CROSS GUTTER 17 6615 AT Sin o0 off,\a rS PER SF 6.sa 4a a`I8 FURNISH/INSTALL ROOT BARRIER 18 81 AT Two (�urdma ar,6 rto/ too do Oar- PER EA. 85o oo PLACE NEW PARKWAY TOP SOIL AND RESEED 19 84 AT no goo Ao0o-rs PER SF 36.oe sao EXCAVATE 2' X 2' HOLE & PLANT TREE 20 81 AT and o boo do\tac5 PER EA. srp ,ob ad 0 COLD PLANE fA 21 13706 AT Q h-e arO no lw doha rs PER SF ), Jo 11,766 MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunlight Drive, Rambler Drive, Thunderbird Circle, 5parrow Drive ITEM : APPROXIMATE - UNIT _ NO .: QUATITY .....,__ ITEM.VVITH, UNIT. PRICES .WRITTEN IN WORDS :PRICE TOTAL ONE & ONE-HALF INCH OVERLAY 22 736 AT lA A Ct,mt h 0L00 PER TON 8-0.06 Sb,SY� ADJUST WATER VALVES 23 6 AT at ncN ho ob do ta. ✓s- PER EA. 30,ao 00co ADJUST MANHOLES 24 4 AT no/ 106861La� PER EA. I bsn.06 12,606� Total Amount Bid in Figures: $ ,;t_00 Total Amount Bid in Words:Eve LIve- 0.nd no f too doIle— • , MSC-421 Project Bid Schedule Phase 1 - CDBG Streets Included: .Fir Drive, Emerald Lane, Cypress Avenue, Michael Drive, Darsy Drive ITEM; -APPROXIMATE! UNIT _ ,:ITEM WITH UNIT PRICES WRITTEN [N. WORDS.' � .` PRICE .. TOTAL" REMOVE/DISPOSE OF PARKWAY TREES 1 47 AT ccv\A n.Jioo elo►I Qrs PER EA. 06,00 3� REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 17264 AT 0yQ amJ no/too dolloo'S PER SF l.00 PARKWAY EXCAVATION 3 19330 AT 6m aV\6 VUS/lob &(kars PER SF 1,0o iy 33o.v REMOVE/REPLACE IRRIGATION SYSTEM IN -PARKWAY 4 67 AT "fbey l-)u nd r¢d1 a rx1 halloo d o I I a,s PER EA. _30 a .0 o REMOVE/REPLACE WATER METER BOXES 5 43 ATTUjo�ur&SjqotiaodollcLr, PER EA. 350,m to 7 o.os REMOVE/DISPOSE OF CURB AND GUTTER 6 4290 AT fiWo cl r)elytoJ IoD (Jolla es PER LF Oo SFso REMOVE/DISPOSE OF ASPHALT CONCRETE 7 4290 AT 6ri2 Q H ho / loo d o 11 ars PER LF 06 ayo REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 5640 AT 6n-?- Gir�elloc., do-xl.grs PER SF 1.5D 8 gGova REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 9261 AT 74jo onc� ho/tdo collars' PER SF A,ob 19 -v. REMOVE/DISPOSE OF SPANDRAL 10 5417 AT -two Gnd nottoo dollars PER SF �1,ao CONSTRUCT P.C.C. CURB AND GUTTER 11 4290 AT _`41N el loo 01 A.s PER LF �_yba9q.gau CONSTRUCT P.C.C. DRIVEWAY 12 5640 AT Iffu and t1o/loo dollars PER SF 3.00 IoW" CONSTRUCT P.C.C. SIDEWALK o° 13 17264 AT 6Lnd huho-o ckoklo-rS PER SF 3,06 S 1a CONSTRUCT P.C.C. ASPHALT CONCRETE 14 107 AT n,s %00 dollaf-s PER TON ?5,.o0 9 oGs°a CONSTRUCT WHEEL CHAIR RAMP 15 900 r� AT ►`t�.R 0,,M }t tg1- \ - C,u e / 106 dollars PER SF s .ar tl-1aS CONSTRUCT SPANDRAL 16 5417 AT wo 6Vb00 r5 PER SF Jab 3�cltga CONSTRUCT CROSS GUTTER 17 9261 AT Qrd (� Iloo d o tars PER SF 6.5a Go 1% 6-1 FURNISH/INSTALL ROOT BARRIER 18 47 AT -Two kr&oA �l►i& r1 b oo d btt a rs PER EA. A5U,00 l 1 0° PLACE NEW PARKWAY TOP SOIL AND RESEED 19 67 AT arA ha tom oLlar_c PER SF 36.00 01b t. EXCAVATE 2' X 2' HOLE & PLANT TREE 20 47 AT ��'1 �s n� 100 o0aPER EA. 60.oa a35066 COLD PLANE 21 1 12080 AT D& Qna1 n6 /too 6o1\AcS PER SF 1.06 06D ° • • MSC-421- Project Bid Schedule "UNIT NO.' QUATITY,=.- LTEMWITH..UNI� PRICES:iIURITTE.N IN;.WORDS- ` ,.- _ ."PRICE + TOTAL` ONE & ONE-HALF INCH OVERLAY 22 392 AT �- ve Ct. a 11C0 Aela-rs PER TON ADJUST WATER VALVES 23 -12 h (0� do y� u,r� PER EA. AT 6.af_ unclnej a,ric ho� 300.00 3 600 ADJUST MANHOLES 24 g AT sl rpA and no lioo 6tlour-s' PER EA. o0 Total Amount Bid in Figures: $ 4 Q O-m .5-0 Total Amount Bid in Words: Feur u cd Q ion douars • • To: �j(JS G/?d IAJ Enclosed _please find your original bid bond .issued Oy: for Ci.tyy Clerk Enclosure g:/followu p/cashcont/retumbid bond.doc (Telephone: 714536-5227 6 � • FIRST NATIONAL SURETY BID BOND KNOW ALL BY THESE PRESENTS, That we, C.J. CONSTRUCTION, INC. MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 of 1141 8 FTDFT. AVR _ , WHTTTTF.R , CA 906 0 5 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety are held and firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10 % ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TREE REMOVAL & RECONSTRUCTION & IMPROVEMENTS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 2 6 TH day of MARCH 2004 C.J. CONSTRUCTION Witness s Witness INC. (Seal) Principal StdU,r0-... Title FIR T NATIONAL INSURANCE COMPANY OF AMERICA By TAMRA J . ANDREDE Attor-ney-in-Fact S-0053IFNEF 10/99 0 Registered trademark of SAFECO CorporeGor falls . , o POWER FIRST NATIONAL INSURANCE COMPANY OF AMEMC OF ATTORNEY PO BOX 34526 SEATTLE. WA 98124-1526 BOX 34526 ? kTME, WA 95124=1526 No, una IOW ALL BY THESE PRESENTS: ,at FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •asaaa••aaaaaaa•a.a•aaavaaa.a•aa•aasaasaasasvvavasassysa A AJ. ANDREDE' Rivmmide, C�llifami8ssssasssssssssassass:::asssavaavvssssssvvssvasaaasasa.:ais > true and lawful allorney(s)-In-fact, with full authority to execute on behalf of the company Qdepty and surety bonds or undertaktnys and other documents of a sir iaracter Issued by the company in the course of its business, and to bind FiRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if e struments had been duly executed by Its regularly elected officers at its home office. d WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 131h day of February 2002 R.A.lt� [X PIERSON, SECRETARY MIKE MCGAVICIC, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: knicle V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for C urpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-tn-fad or under other appropriate titles with authori4 xecute on behalf of the company. fidelity and. surety bonds and other documents. of. similar character Issued by the company in the course of its business.,. On r )strument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authoriry:or on any bond.. ndertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided; however, that the seal shall i e necessary to the validity of any such Instrument or undertaking. Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. Dn any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment Is in full force and effect, 1e signature of the certifying officer -may be by facsimile, and the seal of the Company may be a facsimile thereof." R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and o tesolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-laws, i tesoiution and the Power of Attorney are still in full force and effect V WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day or March 2004 SEAL, w %!Of MASf�+v,��� t T 1049/FNEF 7/98 R-A. PIERSON, SECRETARY 04l12f2002 • :may • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFX UUA County of ' IORANGE On TO before.me BMZIRAM. JAMES PxITCHARD' NOTARY PU.F=C DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC personally appeared TANIl2A J._ ANDREDE NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(N) whose name(X) is/aft subscribed to the within instrument and ac- knowledged to me that ba/sheffiM executed the same in =/her/tOMCr authorized BERTRAMJ.PRITCHARD Ca acit � and that b COMM. # 1464142 N p Y ( ) y /her/ilia Notary Public -California signature(99 on the instrument the person(A), V� MyyyComm County or the entity upon behalf of which the JANUARY 20, 2008 person(g) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL MATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 q _', :f '}.. M :� =` }. `r( 4 :r. �" :.K.: 5' �: tih J- ^Y r ti c "ri 'yj::{ r a:i:. ., A' :: r;. ,::rr . `tiff+'`:� .:J .0 R vsd: r . e •, ' 1 arTF.•' } y , ''t:1l:y ..�.:.�:.. 5= r .J y. .k,: .J.. :Z:. .1..a . ��rC .�y, Y J•• M: r,, .-,t 'F; _ x .•. 3. ...,-.,,,_ . A_ .< ...:.-> Y°t: •rv.,l:"1-,1'' rC'1 •.[6,-'�iii, r"?! „£ .h til..f, � v:;ir•. ,,r 1, 'a.. qyk.. St..��L., �'w �'S., ;'fi •sl;: - - ;s .a•f's.'^.,:r, '�:� r` .: a [. - ,".-'ar. _.'E:'•1'•`,• _ .5.:' _ rf . .. 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S. r-:.- ;air?s' - a1 R 1' ..3•. , L..Q.Zzy Carr Tt _ t- r art'. .. .., tr.,-t... 3 ., aw.. .. r ,,>�..-.-i.. :,.y:: r. :•t:7 ��y�.:\\ :efO ,.. .... :, ... .r.. .n,r: :,.�..., p t . .,,, .-:..>L.-:•,•.% ....., r ...r ,.. „f n,.., ..�`.. - ``'•:1c w:v= rat • _ ,,:ti.• ..? .v.�t1+. :.�,,, rJ` :i.:. r. "1. '•:: t 7' ✓r.., :`3 y I. - �. . 4•;, n:; S 'its?_ '.TS: .��; � w, . �: r l' - _• •y. r''ar . t : a', r14 !. t t: lj�:� sw :r`�r:e I „ , :� r :fil a. t. . r:�i l: ti. ii; i:' - nf- :„ ;�:.., — L•. ".N • sr r. r }!. _ :ice;:' S- }.. .y .: .,,:,,, r,ar..r;;:... .. _,:.:,, . _ T:. ,i.t. ..y ' . a,: ::i'! �1" t_ :S r,'y' - J •:" 1`i .,- .1,.1 2x : , i- ,�!. a,i r..• " �, - k i'< i= _ y . a. l,l ..:. _ .. ir.;t. , ,> , � .T� . - ..-� :;7 "%.14 - �. . �.. . �; , - - ..., ~,F.,h - . 0. . * . . ....m.:. ALUANCE STREETWORKS, INC. SECTION C 3873 E. Eagle Drive Anaheim, CA 92807 PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that .this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 0 9 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 bladajS 6goid in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Rece&eed Bidder's Signature C-2 �LLIANCE STREETWORKS, INC. MSC-421 Project Bid Schedule Phase 1 - CDBG Strapic Included- Fir Drive_ Fmerald Lane_ Cvnress Avenue_ Michael Drive_ Darsv Drive ITEM: APPROXIMATE ;; z UNIT µ NO QUATITY _ _. _ ..._. ,: ..-ITEM.WITH UNIT PRICES` -WRITTEN IN:WORDS'''... PRICE_: -,TOTAL REMOVE/DISPOSE OF PARKWAY TREES AT CJBvv P S% f PER EA. / 7 0, 1 47 , vJ o REMOVE/DISPOSE OF P.C.C. SIDEWALK p Imo' n 2 17264 AT Onp-7clJar Ten C'QrAS PER SF p PARKWAY EXCAVATION CeJ1 PER SF `-7 5 3 19330 AT REMOVE/R�PLACE I IGATION SYSTEM IN PARKWAY 4 67 AT S'�c (•l PER EA. �O REMO E/RE LACE WATER MET R BOXES 5 43 AT v .i- �, . ,/ PER EA. S REMOVE/DISPOSE OF CURB AND GUTTER IR CoAl p 6 4290 AT S ea4 PER LF !So" REMOVE/DISPOSE OF ASPHALT CONCRETE 'DoJk LL Ei7 7 4290 AT 1;' z P„ PER LF REMOVE/DISPOSE OF P.C.C. DRIVEWAY PER SF 8 5640 AT Ong Dohar REM VE DISP SE OF EXISTING CROSS GUTTER AT R11151J PER SF 9 9261 wo REMOV,.ELMSP SE OF SPANDRAL �i�p lj4r( 10 5417 AT o PER SF CONSTRUCT P.C.C. CURB AND GUTTER SE�PnPn Do1JarS I �� �a R 11 4290 AT PER LF CONSTRUCT P.C.C. DRIVri'&C ko -J PER SF 12 5640 AT , CONSTRUCT P.C.C. SIDEWALK AT �%1 �o�IGvs PER SF �j, 51 13 17264 fee CONSTRUCT P.C.C. ASPHALT CONCRETE 0 7o fS PER 14 107 AT a TON t7i7. Q CONSTRUCT WHEEL CHAIR RAMP 15 900 AT Py e— p J ar.; PER SF CONSTRUCT SPAN RAL AT r,q (a PER SF 16 5417 rr1 CONSTRUCT CROSS GUTTER rj 17 9261 AT ` sr PER SF FURNISH/INSTALL ROOT BARRIER AT Twa 1I(,njred t)0)1ArS PER EA. CO, / p "l 900 18 47 , PLA NEW PARKWAY TOP SOIL AND RESEED AT PER SF G� 19 67 ,,,, L� , - 1 d EXCAVATE 2' X 2' HOLE & PLANT TREE LL,L, 100 ,., 20 47 AT TWb i-(u��nc,� 17jArS PER EA. .Oct COLD PLANE S 3p D• ' 2 21 12080 AT 5 PER SF 7, 75, le-', go to • • MSC-421 Project Bid Schedule APPROXIMATE UNIT_ NO _ QUATITY .... :,::. _,:ITEM VIfITH UNIT PRICES W_.RIT7EN IN,WORDS..: :PRICE TOTAL ONE & ON -HA F INCH OVERLAY 22 392 AT C v�� , U 4 1 ) PER TON Ll ADJUST WATER VALVES 23 12 AT On p k h J PER EA. ADJUST MANHOLES AT J PER EA. 24 g � Total Amount Bid in Figures: $ t$ 06 Total Amount Bid in Words: �"� c. � _� :w JJ ,, a„ SeL/tIL-,�) 1).0" 1 StraPtc Inr_hirlPd- ALLIANCE STREETWORKS, INC. MSC-421 Project Bid Schedule Phase 2 - Measure M Sunliaht Drive. Rambler Drive. Thunderbird Circle. Sparrow Drive ITEM: APPROXIMATE' UNIT NO., QUATITY ,. _. :_ _..ITEM .. T ._ NIT. PRICES WRITTEN IN WORDS = . ._.. .- RICE IOTA. REMOVE/DI OF PARKWAY TREES ` _L�,� 1 81 AT �a� , PER EA. �+` REMOVE/DISPOSE OF P.C.C. SIDEWALK 1� 2 . 23932 AT On t? lbt) I Hof I en CMJS , PER SF I. 021 PARKWAY E CAVATION SQve (�; C PER SF 3 29915 AT n ��I REMO E/�EPLA E I RIG ATION SYSTEM IN PARKWAY (00 J 4 30 AT c ► PER EA. REMOVE/RE LAC WATE METER BOXES PER EA. S 5 76 AT i r, ; L REMOVE/DISPOSE OF CURB AND GUTTER 0 61 3J 6 5983 AT r-,,�rS I PER LF y REMOVE/DISPOSE OF ASPHALT CONCRETE 0A Voflaf now r4gAs PER LF LIS 8 7 5983 AT REMOVE/DISPOSE OF P.C.C. DRIVEWAY - �D 8 4305 AT On e 17ol I a ( PER SF t REMQVE/DISP S OF EXISTING CROSS GUTTER )-we �Gr/ PER SF n 9 6615 AT lJ1 d� REMO E/DISP SE OF SPANDRAL PER SF � 10 4515 AT ���ci I CONSTRUCT P.C.C. CURB AND GUTTER S�ee, PER LF I %Q 11 5983 AT pJl]afS CONSTRUCT P.C.C. DRIVEWAY T4eePER SF p 12 4305 AT CONSTRUCT P.C.C. SIDEWALK po1)ar5 PER SF 13 23932 AT Three CONSTRUCT P.C.C. ASPHALT CONCRETE DoNaPS �00, 14 149 AT OAP_ Hundred PER TON CONSTRUCT WHEEL CHAIR RAMP Fige / 0i 15 8550 AT Dol.1 ir5 PER SF CONS RUCT PANDRAL 16 4515 AT - U,_ PER SF S GUTTER CONST UCT C��RO7101PER SF AT i 17 6615 _ '' L V e ' FURNISH/INSTALL ROOT BARRIER 18 81 AT TWO Hwhed D'A'ats PER EA. qL PLACE.NF-W P RKV jY TOP SOIL AND RESEED IL,itL\ �� 19 84 AT I/��l��l PER SF EXCAVATE 2' X 2' HOLE & PLANT TREE GZ AT PER EA. G, 100- % 20 81 I&I t✓ COLD RLANE AT ;; f PER SF -1 21 13706 •3� i'll, �01 MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunlight Drive, Rambler Drive, Thunderbird Circle, S arrow Drive ITEM::: APPROXIMATE UNIT ITEM WITH. UNIT. PRICES WRIT'fEN.IN.WORDS . _ PRICE . TOTAL ONE & ON -HALF INCH OVERLAY 22 736 AT ��' tl ���11 PER TON % ADJUST WATER VALVES ? 23 6 AT PER EA.,/ 86 I QU ADJUST MANHOLES r-I 24 4 AT Twb 14undWA Fi k Dd ka PER EA. aso, Total Amount Bid in Figures: $ p Total Amount Bid in Words: I C,,%- z O • • ALLIANCE STREETWORM INC. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: I. 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 ROAAIJ P. G i' , being first duly sworn, deposes and says that he or she is f5 " of ALLIANCE STREETWORKS, IWP. party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ALLIANCE STREETWORKS, INC. Name of Bidder Signature of Bidder (Zo'\q)cl P. Gardiw, P%`es;dp�►-}' ALLIANCE STREETWORKS, INC. 3873 E. Eagle Drive Anaheim, CA 93807 Address of Bidder Subscribed and.sworn to before me this day of , 20 _ NOTARY PUBLIC SEC ATTigCM5 D NOTARY SEAL C-4 • ALLIANCE STREETWORKS, INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of oh /10l On A before me, ate personally ,appeared x!„ •. GORDON DALE KLINE JR. N COMM. #1360290 m NOTARY PUBLIC-CAUFORNIA Q LOS ANGELES COUNTY N My Comm. Exp. June 9, 2006 Doe, n 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 thei entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 80_,6L= ba�� .,\ Place Notary Seal Above Si nature of Nol ry Public OPTIONAL 'Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Numbet of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ' Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 i OLLIANCE STREETWORKS, INC. 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:?,11dolhLI ALLIANCE STREETWORKS, INC. Contractor C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 • *ALLIANCE STREETWORKS, INC. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 0-)°1 L ALLIANCE STREETWORKS, INC. Contractor By 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: ; ( j bQ- r-jL-�Aj'A eA onc2 awold,p� -i'L►e CCU✓\ 1 � A C �� , ALLIANCE STREETWORKS, INC. Contractor Date: L 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 • �LLIANCE STREETWORKS, INC. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ALLIANCE STREETI oRKS, INC. Bidder Name 3873 E. Eagle Drive Anaheim, CA 92807 Business Address City, Telephone Number e0ga)-A State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected by 6ba, V I, 4�e of our office on 3A ( 0 , 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. ALLIANCE STREETIAIORKS, INC. Company Name Signature of Bidder P=6ACJJ P, 6arjer, PrPs;clP�i" Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address' and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. StE A-TT/-I-C NCD Name and Address of Public Agency 2. 93 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: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 OLLIANCE STREETWORKS, INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of aange, On before me, GORDON D. KLINE, JR., NOTARY PUHUC ate Name end Tille of Officer (e.g.. 'Jane Doe, Notary Public") personally appeared A7' GORDON DALE KLINE JR NOTARYCOMM. #1360290 PUBLIC-CAUFORNIA Q LOS ELES COUNTY MY Comm-m- ExP. June 9, 2006 N of Sioni $'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 thet entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above . - Signature of Not ry Public . OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ . Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association •.9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-878-6827 ,,&LLtan c C e OIANCE STREETWORKS, INC _ _ J."'i 1 N C O R P O R A T E C 3873 E. Eagle Drive, Anaheim, CA 92807 - Tel: (714) 688-7165 - Fax: (714) 688-7195 - Licl 812921 STATEMENT OF EXPERIENCE 1. Job: Street Reconstruction Brompton & Acacia Value: $ 91,955.00 Completion Date: December 2002 Agency: City of Bell 6330 Pine Ave. Bell, CA 90201-1291 Contact: Luis Ramirez (323) 588-6211 ext. 22 2. Job: Pavement Resurfacing Value: $ 191,144.00 Completion Date: December 2002 Agency: City of Yorba Linda 4845 Casa Loma Ave Yorba Linda, CA 92886 Contact: Fernando Saldivar (714) 961-7170 3. Job: Left Turn Pockets Improvements Value: $ 167,800.00 Completion Date: April 2003 Agency: City of Laguna Niguel 27791 La Paz Rd. Laguna Niguel, CA 92677 Contact: Nicholas Renn (949) 362-4341 4. Job: Hacienda Blvd. Value: $ 336,784.00 Completion Date: May 2003 Agency: Los Angeles County Dept. of Public Works 900 S. Fremont Ave. Alhambra, CA 91803-1331 Contact: Joseph Rhyu (626) 300-4729 5. Job: Saturn Ave. Street Improvements Value: $ 199,500.00 Completion Date: May 2003 Agency: City of Huntington Park 6550 Miles Ave. Huntington Park, CA 90255 Contact: Pat Fu (323) 584-6253 1 i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK 2004 CALIFORNIA 92648 Enclosed please find your original bid bond issued by %/t� C7�ylOf —for— City Clerk Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone:714-536-5227) • I.C.W. GROUP C1 INSURANCE COMPANY OF THE WEST El EXPLORER INSURANCE COMPANY L7 INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO,-CA 92130-2045 'PHONE: (858) 35.0-2920 FAX: (858) 350-2909 Bond Number: ICW442 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Alliance Streetworks, Inc. , (hereinafter called the Principal), and Insurance Company of the West , a corporation organized and doing business under and by virtue of the laws of the State of California , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of the Total Amount Bid Dollars (S 10% of the Total Amount Bid) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly.and severally, firmly by these.. presents.._ . THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 3/29/04 for bid: Reconstruct Various Residential Streets, #MSC 421 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and Surety have caused these presents to be duly signed and sealed this 26th day of March , 2004. Alliance Streetworks, Inc. BY: '&� Z Insurance Company of the West 1 BY: Attorney-in-F Daniel Huckabay CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' State of California .:County of �rp/IC 2 On 3 before me, GORDON D. KLINE, JR., NOTARY PUBLIC Date Name and Title of officer (e.g.. 'Jane Doe, Notary Public') personally appeared 90naP�� 6a1`2J', P(oSJC��I am a(s) of Signer(s)personally known to me ❑ proved to me on the basis of satisfactory evidence N ALE KL1NE JR NOTAROMM. #1360290 Q LOS ANGELIC-CALIFORNIA LES COUNTY � My Comm. ExP. June 9, 2006 N Place Notary Seat Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official teal... " 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 — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Numbet of Pages: Top of thumb here 0 1997 National Notary Association -.9350 Do Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 E • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 03126/04 before me, Arturo Ayala, Notary, Public Date Name -Title of Officer _ E.G.-'Jane Doe, NOTARY PUBLIC personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) personally known to me - OR - w ARTURO A' COMM. #1336239N NOTARY PUBLIC-CALIFORNIA6 ORANGE COUNTY �. ❑ 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. MY COMM. EXP. OEC. 23. 2005 r WITNESS my hand and official seal SIG-NATURt OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S). ❑ .LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES 03126104 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 0000654 ICW GROUP Power of Attorney Bond No. ICW-442 Insurance Company of the West The 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, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint RALPH EIDEM, JR., DANIEL HUCKABAY, ARTURO AYALA, PATRICIA ILNAPP their true and lawfulAttorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behaltof 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 16th day of January, 2001. 016PAMy, � %'A8U# �X11 ~yea INSURANCE COMPAINY OF THE WEST OSPDXA Ec e��cp�Oq�rRyo m 6 d � THE EXPLORER INSURANCE COMPANY e� u .eI INDEPENDENCE CASUALTY AND SURETY -.SEAL r � COMPANY jOMA a ��rfioxMa• �'I'1 t,Nats q'Oh � �a John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California } SS. County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, 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. MARY COBS COMM. #1321341 AA t U NOTARY PUBLIC-CALIFORNIA N N SAN DIEGO COUNTY V i My Commission Expires SEPTEMBER 20: 2005 Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by st2mping; printing, typing,. or photocopying." CERTIFICATE L the undersigned, Assistant Secretary of Insurance Company of the West, The 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 dryly adope!. by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 26 th day of March 2004 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-111 I 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 G:oup, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. T'vIr: :'- ..... J:. .,! �Fu"4 .., .a•-e.... .,:. � -. :. , -. ,i! ,-L... ..i.' �- R, .ilk .$ , 1 :'G L L - „ k r- ,I ^ : a v,:o6pyt c , 1� a • •a. %i;r •1 i l A _ -.:i .7 r. Sr':::,: :. ai:..,, ;r3'3y=,..ri+,.:::�r'' .i`: :Y:. •1G:''r i-k: . tn'•' [{ ^ , P `7 { •7k- . : - i_2• n' :-., .. sue.- .:..y.. ,•.... .:.. .., ., , -, t -:.. ,... r2. r ; ..,. ., .r.. „av:. ':y:: •.:.:. '. � x - a - n f ., . >. I . r] 7 .Pr• • t: - T nx. y rr. i., K i�i�• - fC'J - r 5+• 1. _ t, j' �.ii' ,:C�• can: .,. •ft:. -, ...• �..,.._.%,...1=.1 ._ , t' >, :r:C .: u ,. . a:3. .•�.^ �. n,�ly.,,t`...r f�.: t,:'1 i.i" �'y ..',:; y., r v.:l �,: .r. i.-c. :nS� �^ :Je a� ,•sly`;;'. 3� .w •AL:.rJ .r - 45 eem-•k - t ., _ Yr . a �,. •J..:. ...t. r a i i a. , F. - ( t.. rr � - ,iti d. . C i a- a -ru i r=1' • f_ _ _ �[' r. •J c_r•j • � _ - f Y- ! ,x r:.r ..i•^?Y.::.: �.'.a .f'v.'�,,:r'�<-•,y--a:i5:. f:�{_+--:.._,•;1: r'J.!'` 4•er� .r:�: - nytiia-ii 'F'': 11 , terccan sphalt P.O.BOX 2229 CORONA, CA 92878-2229 TO: Office `of the City Clerk, Second Floor City. of Huntington Beach .' 2000.Main Street Huntington Beach, CA 92648 . " Fit I UHN HEUUE5TED i SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF VARIOUS RESIDENTIAL STREETS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ��� C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. "Bidder's Bond" Accompanying this proposal of bid, find A n g � in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-2 • • MSC-421 Project Bid Schedule Phase 1 - CDBG Sfrppfc Inr_Inripri- Fir Drive_ Fmerald Lane_ Cvnress Avenue_ Michael Drive_ Darsv Drive ..ITEM." -,UN T NO., QUATITY :ITEM WITH UNIT PRICES WRITTEN. IN WORDS:. r. PRICE , TOTAL REMOVE/DISPOSE OF PARKWAY TREES 1 47 AT PER EA. �j50°° 32 25 REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 17264 AT PER SF l? PARKWAY EXCAVATION 3 19330 AT PER SF 1.2= 23,196 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 67 AT PER EA. &* REMOVE/REPLACE WATER METER BOXES IL419-41 5 43 AT PER EA. o0 33 •— REMOVE/DISPOSE OF CURB AND GUTTER 6 4290 AT PER LF (� , �� 2-5 REMOVE/DISPOSE OF ASPHALT CONCRETE 7 4290 AT PER LF 2 A 9 (,,5Z. REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 5640 AT PER SF oZ-0 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 9261 AT PER SF Z 25 REMOVE/DISPOSE OF SPANDRAL 10 5417 AT PER SF 2, 25 12 B CONSTRUCT P.C.C. CURB AND GUTTER 11 4290 AT PER LF 12,00 .51 Lf 8a CONSTRUCT P.C.C. DRIVEWAY 12 5640 AT PER SF Z,Z? 12 00 CONSTRUCT P.C.C. SIDEWALK 13 17264 AT PER SF ,Z . Z 55 3g 8y CONSTRUCT P.C.C. ASPHALT CONCRETE 14 107 AT PER TON Jr.J• Jr$$ CONSTRUCT WHEEL CHAIR RAMP 15 900 AT PER SF 2,5,0 D o CONSTRUCT SPANDRAL 16 5417 AT PER SF y 5� 29,3 CONSTRUCT CROSS GUTTER 17 9261 AT - PER SF 11.50 1 %% FURNISH/INSTALL ROOT BARRIER 18 47 AT PER EA. 33• -9 15SJ. p PLACE NEW PARKWAY TOP SOIL AND RESEED s 19 67 AT PER SF 3.5-0 2$ EXCAVATE 2' X 2' HOLE & PLANT TREE 20 47 AT PER EA. �jr, p% 3115 COLD PLANE 21 12080 AT PER SF , bri 8 bq3. v 7 MSC-421- Project Bid Schedule ITEM.' .APPROXIMATE '- UNIT NO.. .. 01 ATITY x.. ITEM WITH UNIT PRICES,WRITTEN IN WORDS. TOTAL ONE & ONE-HALF INCH OVERLAY 22 392 AT PER TON 5,5 S � ADJUST WATER VALVES 23 12 AT PER EA. 190.V 121go, MANHOLES 24 g JADJUST AT PER EA. 2.Y0 rc-c;' 7_160 Total Amount Bid in Figures: $ 3910 clq6.78 Total Amount Bid in Words: T14ousAmb M(Hr- gurJb;LghI Mery S lX Do6.L./41r�5 4 78 /loo m MSC-421 Project Bid Schedule a Phase 2 - Measure M Strpp4w Inr_luded. Sunliaht Drive_ Rambler Drive. Thunderbird Circle. Sparrow Drive ITEM APPROXIMATE 5 NO. 'QUATITY ._. ITEM..,Wl W NIT PRICES WRITTEN IN:WORDS;_ _ 'PRICE. TOTAL REMOVE/DISPOSE OF PARKWAY TREES 1 81 AT I PER EA. 456 ''0 3a,4 REMOVE/DISPOSE OF P.C.C. SIDEWALK 2 23932 AT _ PER SF PARKWAY EXCAVATION 3 29915 AT PER SF ,2= REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 30 AT PER EA. aft ,°= JoDD REMOVE/REPLACE WATER METER BOXES 5 76 AT PER EA. 33,o� 2.r REMOVE/DISPOSE OF CURB AND GUTTER 6 5983 AT PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE 7 5983 AT PER LF 4.25 Z7. REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 4305 AT PER SF �• 4 736 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 6615 AT PER SF 2, 118631 REMOVE/DISPOSE OF SPANDRAL 10 4515 AT PER SF Z A-5 16,158. CONSTRUCT P.C.C. CURB AND GUTTER 11 5983 AT PER LF 12,S* ' 71, 79 CONSTRUCT P.C.C. DRIVEWAY 12 4305 AT PER SF 2.25 GOfc CONSTRUCT P.C.C. SIDEWALK 13 23932 AT PER SF 2, 2� 53,84 CONSTRUCT P.C.C. ASPHALT CONCRETE 14 .149 AT PER TON 5.5, $ I�tS• CONSTRUCT WHEEL CHAIR RAMP 15 8550 AT PER SF 2,'r'° 21,37 CONSTRUCT SPANDRAL -yp 16 4515 AT PER SF ���p "T' ZO 3l CONSTRUCT CROSS GUTTER 50 17 6615 AT . PER SF Zy. 7 FURNISH/INSTALL ROOT BARRIER 18 81 AT PER EA. 33•�� 2673. PLACE NEW PARKWAY TOP SOIL AND RESEED 19 84 AT PER SF 3 - Z�y, EXCAVATE 2' X 2' HOLE & PLANT TREE 20 81 AT PER EA.•�' b Say COLD PLANE 21 13706 AT PER SF .,(Q` Imo 79' 0 • • MSC-421 Project Bid Schedule Phase 2 - Measure M Streets Included: Sunlight Drive, Rambler Drive, Thunderbird Circle, Sparrow Drive ITEM APPROXIMATE UNIT NO : QUATITY _. ITEMWITH:U.NIT PRICES WRITTEN IN.WORDS _ P:RICE TOTAL ONE & ONE-HALF INCH OVERLAY 22 736 AT PER TON ADJUST WATER VALVES 23 6 AT PER EA. ADJUST MANHOLES 24 4 AT PER EA. 210 `� Total Amount Bid in Figures: $ 4 17, 679'1 Total Amount Bid in Words: I'Fo4p. OuribRF-sEI&.vrY Soev4 u ►a 6 ghTV FouF- Do{,bATLS f 211I06 - m 0 0 a 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 'T9Sf'5 KATb LAtebscR& 18182- i-Mftbr, 12 Z Fg41,�E1ra AU*y 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 r] L NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of 8ranrge R �v crs �dc Robert Bradley , being first duly sworn, deposes and says that he or she is Vice President Of -.,All Am ri can Asphalt-- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. All American Asphalt Name of Bidder Signature of ffidder Robe Bradley V' President P.O. Box 2229, Corona, CA 92878-2229 Address of Bidder Subscribed and sworn to before me this +h day of March , 20 a.. 0 IIE A MMMM rLQ.4 Canrti#►MUM !10011 Ftm - ccow" RlrNdd� COYnIy COIIr11.l�g11�I NOV9l. NOTARY PUBLIC a_ 2Ma=aA j 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 MSC-419, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: March 26, 2004 All American Asphalt Contractor ,4eZ64�� BY Robert Bradley Vice President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes )0 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: March 26, 2004 All American Asphalt Contractor BY Robert Bradley Title Vice President 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: All American Asphalt Contractor By Robert Bradley Vice President Title Date: March 26, 2004 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 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: All American Asphalt Bidder Name P n Rnx 2229 Business Address Corona, CA 92878-2229 City, State Zip (909 ) 736-7600 Telephone Number # '267073 A, C-1 2 State Contractor's License No. and Class 1-19-71 Original Date Issued 1 -31 -06 Expiration Date The work site was inspected byJerry Le Bouef of our office on March 26 . 2004 The following are persons, firms, and corporations having a principal interest in this proposal: Dan Sisemore, President Thomas T snaG' San f Traaciirar Robert Bradley, Vice President Mark Luer, Vice President 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. All American Asphalt Company Name Signature of Bidder Robert Bradley, Vice President Printed or Typed Signature Subscribed and sworn to before me thisabthday of (f)2rr: , 200a . oM aays� Commbgon # 1 dd26a9 Notary Pt*Nc - CaNeon+lo RNu�ld� Ca�nM MtrCamn.��Nov�t. NOTARY PUBLIC Q NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Name and Address of Public Agency Name and Telephone No. of Project Manager: Arj an I dnani , (6 2 6) 9 6 0 - 4 01 1 $353,165.00 Street Recenstunt-ian 9/03 Contract Amount Type of Work Date Completed 2. City of Brea, One Civic Center Circle, Brea, CA 90650 Name and Address of Public Agency Name and Telephone No. of Project Manager: Raul L i s i ng, (71 4) 6 71- 4 4 5 0 $693,466.00 Street Reconstuction 12/03 Contract Amount Type of Work Date Completed 3. City of Norwalk, 12700 Norwalk Blvd., Norwalk, CA 90650 Name and Address of Public Agency Name and Telephone No. of Project Manager: Randy Hillman, (5 6 2) 9 2 9 - 5 7 2 3 $156,524.00 Street Reconstruction 10/03 Contract Amount Type of Work Date Completed C-10 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET , 2004 To: OFFICE OF THE CITY CLERK al� CALIFORNIA 92648 Enclosed please find.your original bid bond issued by1*1l/) i7�. Co. 0/ I VL" for City Clerk.. Enclosure g:ffollowup/cashcont/retumbid bond.doc (7relephone:714-536-5227) Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 KNOW ALL MEN BY THESE PRESENTS: That we, ALL; AM ERICAN ASPHALT BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN ---- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Tree Removal and the Reconstruction and Improvement of Various Residential Streets, MSC-421 Bid Date: March 29, 2004 . . . NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of March A.D., 2004 ALL AMERICAN ASPHALT (SEAL) Principal Witness Titl obert Bradley Vice President FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Rv (SEAL) N M. BROWN , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of (Yft'SLlP ' On - 3 - a la U 4 before me, Pe bo i P A , !il pi, I J Oto pq Rdol i L Date Name and Title of Officer e.g., *Jane Doe,Notary Publicl personally appeared DES" A MATSEN COmn�ulon #t 14525d9 101111111i"COM-80 Nolay hAft - CaawftnNw22. personally known to me euir�eaee-- to be the person whose name) is/afe— subscribed to the within instrument and acknowledged to me that he/sbelthey executed the same in hisllhoa3haiL authorized capacityfie , and that by his/4efAheir signature!) on the instrument the personA, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. E� �C.� - • �QQ/L - '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: 6'd & ?d,� Document Date: Number of Pages: —� Signer($) Other Than Named Above: au"'Vl Capacity(Wo) Claimed by Signer Signer's. Name: I<Q bA�-t .8e?(q k'y ❑ Individual Top of thumb here Corporate Officer — Title($): V L•e �(��a►-i f� 1 i� ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 11 Signer Is Representing:��`� �rn ¢i i yt s0l1 % O 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - —w aconalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800.676.6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of ORANGE County On 3-26-04 , before me, BARBARA J. BENDER , Date Name and TWO .r OBim (e.p.. 'Jam Ooe. Notary Publk*) personally appeared OWEN M. BROWN Name(a) of sgr»r(6) ' personally known to me X}Oe�iX BARBARAA J. BENDIER Comrnbdcn 01267491 "M KM • CCdtfomia Oronpe County MyComm, B#w Jut 13.= L4 — — -- Ph.! Nowt' s.W Abo1r. to be the person(jo whose, name0s) isIM subscribed to the within instrument and acknowledged to me that he/Omak)=executed the same in hls1)U00tK9K authorized capacityl, and that by his/ signature(gl on the instrument the person(}), or the AMIty upon behalf of which the personal a ed executed.the instrument. - ESay han an aal seal: OPTIONAL _ Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to. another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 3-26-04 Number of Pages: Signer(s).Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signet Signer's Name: OWEN M. BROWN 0 Individual 6 RM22, - O Corporate Officer - Title(s): Top of thumb Hero O Partner — ❑ Limited ❑ General }ADC Attomey In Fact O Trustee D Guardian or Conservator O Other. Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAIM 0 1 OOO Na6orW Notary Aaxedatlon - OM Do solo Ave.. P.O. Box 2402 - Clutaworlh. CA O1213-2402 -—.nabonAlnotary.orO Prod. No. 5907 Roo der.. Cal Tod -Free 1.600-876.6627 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACTS OF 2002 As a surety bond customer of one of the SAFECO Insurance companies (SAF_CO lrwan:e. compan f of America. General Insurance Company of Airterira, First Naaonai. Insurance Cyrmpany of Maki, Ann titan States Insurance Company or American Economy Insurance Company). it is xr duty to nrrotj you th itthe Terrorism Risk Insurance Act of 2002 exterxis to "suety Insurance. This means that under tmrtam c ircurn- stances we may be eligible for reimbursement of certain surely bond fosses by the United S-oes gc vern nest under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by cerdfied acts of to nwism that exceed a statutorily established deducd'ble to be paid by the iva rance comistny pmvldkg the bond The Act also establishes a $100 billion cap for the total of all losses to be paid by al ft stuets fot certified at as of terrorism. losses on some or all of your bonds may be subject to this cap.: This notice does not modify army of the existing terms and conditions of this bond, the urderying ag •eentent guaranteed by this bond, any statutes goveming the terms of this bond or any generally aplAcable vies or law. At this time there Is no premium change resulting from this Act. seta 3M Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State. of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCH_ ER, Assistant Secretary, in pursuance of authority granted by Article VI Section 2, of the By -Laws of said Company set forth on the reverse side hereof and are hereby certified to berm full force and effect on the date hereof to nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and la y-' , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and or ' ^ ' ngs and the execution of such bonds or undertakings in pursuance of these i I as ompany, as fully and amply, to all intents and purposes, as if they had be , y wit a� tlfe regularly elected officers of the Company at its office in Bal9m ,fI Mtiibrr ow er' �s power of attorney revokes that issued on behalf of Owen M. BROWN 22�11�93. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Lag� ��a�t�Coa�► any, and is now in force. IN WITNESS WI EI2EOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND POO 0EP0-.S- Qar, It90 ; y L. L Goiccher. Assistant Secretary. M.'P. Hammond vice President State of Maryland I ss: City of Baltimore On this I lth day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissionedand qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above .written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power, by and with the concurrence of the Secretary. or anyone of the Assistant Secretaries,_ to appoint Resident. . Vice -Presidents;. Assistant Vice -Presidents and .Attomeys4n-Fact as .the business of the Company may: require,: or to authorize :any" person or persons to execute on behalf `of.the Company -any bonds; `undertaking, recognizances stipulations, Policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF YARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any .po.wer of. attorney issued by.the Company; shall, be valid and binding upon the Company With the same force and effect as though manually affixed.". IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,