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Home My WebLink AboutNOBEST, INC. - MSC - 430 - 2006-02-060 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to AGi ' Q F 1,'.r City Clerk's Office (Name) f after signing/dating ,l a0°� (Date) 1:0j, o CITY OF HUNTINGTON BEACH 1619 INTERDEPARTMENTAL COMMUNICATION TO: FROM: DATE: SUBJECT: Shari Freidenrich, City Treasurer Bond Acceptance have received the bonds for i /V(2, . (C6mpany Name) E Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. /! Maintenance Bond No. Re: Tract No. ' CC No. MSC No. Approved 0�D Agenda Item No. (Council Approval Date) / City Clerk Vault No.3 /04 #27 g:/followup/bondletter.doc *A'� e OLD HUNTINGTON BEACH City of Huntington Beach INTER -DEPARTMENT COMM TO: THOSE LISTED HEREON FROM: James Jones, Maintenance Operations Manager DATE: February 4, 2007 SUBJECT: Retention Release Payment Company Name: Nobest, Inc. Address: P.O. Box 874 City, State and Zip Code: Westminster, CA 92684 Phone Number: (714) 892-5583 Business License Number:A186848 Local Address: N/A Notice of Completion Date:January 16, 2007 Contract Purpose: Reconstruction of Various Residential Streets, Msc-430 > FEB - 7 2007 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Z/7/0_7 Date Robert F. Beardsley, Public Works Director certify that there are no outstanding invoices on file. .Z_9_0 -t Date i Fr'eidenrich, 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. , t 'I 0 Da e Retention Release 430 2/4/2007 6:35 AM Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FE E 2007000049967 08:48am 01 /25/07 WHEN RECORDED MAIL TO: 120 91 N12 1 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: Jason J. Churchill P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 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: Reconstruction of Various Residential Streets; MSC — 430 That said work was completed January 16, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on January 16, 2007, 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 law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this January 16, 2007. L—Director of PublicOWorWor City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this January 16, 2007. Director of Public W ks or City Engineer City of Huntington Beach, California I, ' l� (Name of Declarant) 1 CONTRACTOR'S CERTIFICATE CC?LIt=I,IJ D state and certify that: n10 a�5 i P�60R PO2xsl� is the general contractor to the City of Huntington Beach ("City") on Contract No. "Se—' — 4--'�-o (the "Contract") for the construction of the public work of im rovement entitled: Rif. �lS�R DTIaa O7 V^J-<koUS RE (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract_ Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): N OM 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): r,4ofJ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at G 111,2 � 1�U� on this 2-1 day of APPROVED AS TO FORM By:VI q -7/o �11J 3. yo oc� Name: [Type Name] Title: [Type Title] 31414i 20-6. 1 245914-1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: M 5C — y �© Project: REC DNsMo bb �� 2.� ovS f?E_Sy r s A,'- ST ?_,E � 'S The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Z 9 day of J'r�►�J , 20 D%, at California. (Type Contractor Name) By: Name: e Na e] Title: [Type Title L~4�?Q* t-)/Oc, -TLJ 3•'�rb-up 245911.1 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` ` l'V►5�.-'kL-SD REGc��S'r'Ryr�Tl cA O V��2. . �ES�y rjai 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") declare under penalty of perjury that the foregoing is true.and correct. Executed aton this 2`� day of (location) glollowuplcashconticashcon1doc procedure #15 VINIFER cGRATH, C'ityAttomy n2I�(j�3 torney To: Re: Certification of Compliance with Prevailing Wage Laws City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Certification of Compliance with Prevailing Wage Laws Contract: . 450 Project: RE'4-oz) S,-TFu,'n Vs�2�a�S REs�n��,v SrtZ� � The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2 `� day of -c�'�'� , 20 61, at � �' �Z�� , California. (Type Contractor Name) By: Name: Title: [Type Title 247542.1 _.; a0"05 Maintenance Bond contractors 1Tsraacfi & Insurance Company 1213 Valley Slm:, P.O. Box 9271 Seattle, WA 98I1 s4_�1% 1 For the CBtC -, aa,,uh INSURANCE nearest you, a:ui1 -!"4r,41 Free (888)283-2242 (888) 293-2242 FA?; Bond Number: CE 4492 Premium: Included in the Performance Bond KNOW ALL BY THESE PRESENTS, That we, Nobest Incorporated as the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation organized and existing under the Laws of th. J,Ife of WASHINGTON, Surety are held and firmly bound unto City of Huntington Beach as "W ee, in the sum of Four million one hundred ninety-four thousand two hundred fifty and 76/100's (S 4,194,250.76 ) Dollars, for the payment of which, well and truly to be made, the executors, administreaors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has contracted with Obligee for the work of: Reconstruction of Various Residential Streets; MSC-430 (tile "Contract"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall mpw)tain and remedy said work free from defects in materials and workmanship for a period of One year(s) commencing on January 16. 2007 (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that no suit shall be commenced on this bond after the expiration of one (1) year from the expiration of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Signed and sealed this 19th day of January , 2007 Nobest Incorporated CONTRACTORS BONDING AND (Principal's name) INSURANCE COMPANY By: Its By C Attorney -in -fact Linda D. Coats BndMainfsd.01-031105 ACKNOWLEDGMENT State of : California County of Orange On I — ZQ —�`� , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g , "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) KAY EAI �.. CODA. In 3 Q Place Notary Seal Above 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal of ,-A ACKNOWLEDGMENT State of California County of Orange On Jan. 19, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. �6EhL09 E"P'°'`"[ N �� i` d; COMM. # 1494518 X `g+ NOTARY PUBLIC•CAUFORNIA Signature22ZORANGE COUNTY °quFpa+ My Comm. Expires JULY 9, 2008 IV Uj- - - - - - - I,- - - - (Seal) I 13 2 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Retum DUPLICATE to City Clark's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: O Z� SUBJECT: Bond Acceptance have received the bonds for !VC . ( mpany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 5A(o/06 (Council Approval Date) Agenda Item No. City Clerk Vault No.3 #27 gJfollowup/bondietterAce Fal CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: February 2, 2007 Project/C.C. No.: MSC 430 Regard i ng: 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: See Description Item # Copies Pages I Description 1 1 1 Certificate of Compliance on inal 2 1 1 Satisfaction of Claims (original 3 1 4 Maintenance Bond on inal 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the final documents for MSC —430. Please contact me at extension 5042 with any questions you may have. c: file By: Jiisdri-06rchill, Street/Facility Supervisor HAMY DocumENTAGRArm AND CONTRACTS\CONrRACrS\STREETS\TREE PrrmON\CONTRACT\MSC-430\TRANsmrrAL To Cu RK 430 nNA►. DOCs.Doc I Consent of Surety Release of Retention/ Final Payment (SIMILAR TO AIA DOCUMENT G707) Bond No. CE 4492 PROJECT: Repair and/or Replacement of Various Sidewalks, Curb and Gutters, (name, address) Trees and Driveways and Asphalt Resurfacing of Various Residential Streets TO (Owner) MSC-430 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONTRACTOR: Nobest Incorporated P.O. Box Westminster, CA 92684-0874 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 I I l Pacifica No. 350, Irvine, CA 92618 , 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 owner's payment of Final Payment and/or Payment of Retention to the Contractor, and agrees that the Final Payment and/or Payment of Retention to the Contractor shall not relieve the Surety Company of any of its obligations to City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this Attest: (Seal): , OWNER_ 19th day of January , 2007 Contractors Bonding and Insurance Company S.0 ompany `\ L. 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 ACKNOWLEDGMENT State of California County of Orange On Jan. 19, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda A Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. 66" 08r�F CHRISTINE M. RAPP COMM. # 1494518 NOTARY PUBUC•CAUFORNIA X Signature ' _ ORANGE COUNTY °4�ro My Comm. Expires JULY9, 2008 (Seal) ne Words "Limited Power ot'Attorney- at; is document W.v hd 5 10l -.}n C. rine-tion w d provided itso that the bond is of the type i the date indicated above. tnrf a ceasof$1Qf#0t, f0tapova3epora fuxtherf that: na Ataxa+ay. iA 'Fact shall- have tha siatharty t:cr issue a hid ar prpposaT bond fox aay pro}ect where, if:a contract:= is atirarda an3 band ar undertaking- d- lae requsxeci wzthli Qeaa um zx excess of 10, Oa0•, EtQfl, ;and consents, releasesant .oti�er <sim3lar documents xer�uixed by am obligee under contract honeyed by= the Company. This appaintmeat is iaade� under the authority` the FYoaxd of Dz�:eccors of the . Caxapany -- = - --------- RECEIVED BY: (Name) /) '7—o�5—r�� (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenrich, City Treasurer FROM: r-c DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approve c Agenda Item No. (C uncil Approval Date) City Clerk Vault No. f #27 g:/followup/bondletter doc • 2906 AUG -2 FM 3: 03 „y, V o Council/Agency Meeting Held: D/0 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City W4 Orgnatu64-� Council Meeting Date: 8/7/2006 Department ID Number: PW 06-046 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: PENE"PECB-GR T, ITY� RATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR O IC WORKS SUBJECT: Approve Change Order Increase for MSC-430, Reconstruction of Various Residential Streets Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An increase in the change order amount is requested to complete and possibly expand the current scope of work for "Reconstruction of Various Residential Streets", MSC-430. Budgeted funds are sufficient to complete the scope of work and to possibly include some additional ADA curb ramps. Funding Source: Funds in the amount of $240,000 are budgeted in Measure M funds, Pedestrian Improvements, Account No. 21390004.82300. Recommended Action: Motion to: Approve an increase in the change order amount of $240,000 for Nobest, Inc. for MSC- 430, Reconstruction of Various Residential Streets. Alternative Actioh(s): Deny the recommended action and direct staff to complete MSC- 430 to the maximum extent possible within prior approved funding limits. • REQUEST FOR ACTION MEETING DATE: 8/7/2006 DEPARTMENT ID NUMBER:PW 06-046 Analysis: On February 6, 2006, City Council awarded a contract to Nobest, Inc. for MSC- 430, "Reconstruction of Various Residential Streets". During the course of the construction contract,. additional concrete replacement and asphalt pavement work has been required to complete the streets undertaken. Staff is requesting the addition of $240,000 in available unencumbered budgeted funds to increase the project change order limit. These additional funds will allow staff to complete necessary pavement overlays on streets within the original scope of work as well as possibly construct additional access ramps that have been requested. Nobest's bid for MSC-430 includes pricing for ADA ramps that are approximately 40% less than the average bid price received from other contractors for similar work. Staff would like to capitalize on this favorable pricing by utilizing available budgeted funds for installation of additional ADA ramps from the Ramp Requests List. This request will bring the approved project cost to $4,250,000 with a change order limit of $600,000. Authorized change orders total approximately 17%. Public Works Commission Action: The Public Works Commission reviewed and approved this action on June 21, 2006 by a vote of 5-0-2 (Spencer, Scheid absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): G:\R C A\2006\06-046 Aug 7 Churchill REVISED (Appropriate Funds for MSC-430).doc -2- 8/2/2006 2:59 PM 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Change Order Increase for MSC-430, Reconstruction of Residential Streets COUNCIL MEETING DATE: August 7, 2006 FICA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable El (Signed in full by the City Attome Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attorne ( pp y y Y) Attached Not Applicable Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (If applicable) AttachedNot Ap licable ❑ Commission, Board or Committee Re ort if applicable p ( Pp ) Attached Not Applicable El Findin s/Conditions for Approval and/or Denial 9 Pp Attached Not Applicable El EXPLANATION FOR'MISSING ATTACHMENTS EXPLANATION FOR RETC -fk--- ?F ITEM4 Al RCA Author: J. Churchill CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR REPAIR AND/OR REPLACEMENT OF VARIOUS SIDEWALKS, CURB AND GUTTERS, TREES AND DRIVEWAYS AND ASPHALT RESURFACING THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NOBEST, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as repair and/or replacement of various sidewalks, curb and gutters, trees and driveways, and asphalt resurfacing in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the 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 05agree/nobestconst 1 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 05agree/nobest const 2 Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 05agree/nobestconst 3 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 Three Million Six Hundred Thousand Fifty Eight Dollars and forty-five cents ($3,600,058.45) as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within two hundred twenty (220) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 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 05agree/nobestconst 4 provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. 05agree/nobest const 5 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 contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 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. 05agree/nobest const 6 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) 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 05agree/nobest const 7 limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or 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: 05agree/nobest const 8 (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. 05agree/nobest const 9 DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of 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 05agree/nobest const 10 for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 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 05agree/nobest const 11 against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. 05agree/nobest const 12 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance 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. 05agree/nobest const 13 • • 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, 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 05agree/nobest const 14 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 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 t/2 %) for overhead and profit less all such payments already made. 05agree/nobestconst 15 • • 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. 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 05agree/nobestconst 16 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Mike Lewis Nobest, Inc. P.O. Box 874 Westminster, CA 92684 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. 05agree/nobest const 17 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the 05agree/nobest const 18 masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 05agree/nobest const 19 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. REST OF PAGE NOT USED 05agree/nobestconst 20 • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers /EE,B4 U-A f-V 4�7 200_j . NOBEST, INC. I: Robert Nodland, Secretary CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California .Z)a"C' lcele�� Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: J�;An� ft City Attorney ry ity Administrator �-r3•o� INITIATED D AP P ED: lom ai-�•O� Director of Public Works Kw 9IM 05agree/nobestconst 21 • • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR REPAIR AND/OR REPLACEMENT OF SIDEWALKS, CURB AND GUTTERS, TREES AND DRIVEWAYS AND ASPHALT OVERLAY TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 r. 0 SECTION Cif PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 two hundred twenty (220) 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 MS 430 Project Bid Schedule 357 REMOVE/DISPOSE OF PARKWAY TREES `�.rt ER EA. 73S.00 1 AT cyan n�e-� �� REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 148,528 INCL.) �^ AT N' CeS PER SF S� 7 22, 7RZ. a' 2 u✓ 185,660 PARKWAY EXCAVATION AT PER SF 3 243 REMOVE/REPLACE IRRIGATION �S STEM IN PARKWAY -r�o� - 4 AT D�d�u �f PER EA. 200 - REMOVE/REPLACE WATER METER BOXES as r 5 545 AT PER EA. gyp. -7 Z S o REMOVE/DISPO E OF CURB AND GUTTER(CURB RAMPS INCL.) 37,132 6 AT vc.::2 PER - 37,132 dLF REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Sl s- 4 2/' _ 7 AT �WD s i -tle PER Z . 46,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 'rW PER SF 'Z 3, 7'-/O. 8 AT a . 15,876 REMOVE/DISPOSE OF EXISTING CROSS GUTTER PER SF S� 31, t!rff0- g 8,856 REMOVE/DISPOSE OF SPANDRA AT ti PER SF 40 10 ,P CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 37,132 202) ov 11 AT t�e��e+� � ?lt,(,vs PER LF 46,870 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) U= `- 12 AT Rol" bo (a vS PER SF 1-/. l Y7 �`/$D. 148,528 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) )SOt(kv PER SF 3. ,!e fyI/ 13 AT r1+011� 3 :r$e/ 1,392 CONSTRUCT ASPHALT C NCRETE (GUTTER SLOT) ER TON ea l vrSr 2 14 AT ✓lk G"ti CONSTRUCT WHEEL CHAIR RAM (per Standard Plan RSP 84 A88A) 1 AT PER EA. qqo, 15 N 81856 CONSTRUCT SPANDRAL (per Standard Plan 205) Z) PER SF S� 1-i9, 701§, ..' 16 AT vv O/ 15,876 CONSTRUCT CROSS GUTTER (per tandard Plan 205) PER SF S'o e8 3 l �' 17 AT .57 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION ev 452 (per Standard Plan 718) 18 AT r PER Lot. 545 PLACE NEW PARKWAY TOP O AND RESEED 0 19 AT W v u PER EA. C-2s MSv 430 Project Bid Schedue 70. 74152S URNISH, EXCAVATE & PLANT 15 GALLON TREE (per tandard Plan 714) )Qo, o� �100. �.20 T PER EA. 104,393 COLD PLANE AT L PER SF • 2 S 25' O 19' 21 / 252,108 FURNISH AND INSTALL PETROMAT fA,1 r Zo 3 g�(4. 22 AT PER SF 2,269 ONE & ONE-HALF INCH OVERLAY PER TON a° a� / 9 13 tJ'..- 23 AT g(y, 39 ADJUST WATER VALVES L,�/ y7��//(u, SS �' 24 AT PER EA. 2?S�. /0, 7zr. 23 ADJU T MANHOLES / 1 AT moo'Fr ', PER EA. 25 PREPARE PRE -CONSTRUCTION CORNER RECORD AND coo 69 FILE WITH APPROPRIATE AGENCIES /+�U =1 /of 3 s-0, 26 AT (& ` PER EA. PREPARE POST -CONSTRUCTION dORNER RECORD AND ad 74 FILE AITH APPROPRIATE AGENCIES ®o I s 0. 27 AT o.0 PER EA. ADJUST MONUMENT WELL TO G6ADE (per Standard Plan a7 4 2--5d ©' AT) V ` ER EA. 28 Total Amount Bid in Figures: $ 3 Co00 OS-K, Total Amount Bid in Words: 174 �t.-� lllipey�-�7 Five G-rPo3 f d C-2s If awarded the Contract, �' thWdersi ned agrees that in the event Re BIDDER'S default in g 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 Ao ,c` clwa in the amount of $ C / 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 AT 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 h 1. 4 L)II l Vew ate— (�p! rer,ff 6 ram 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 ONCOLLUSION AFFIDAVIT• TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange p , being first duly sworn deposes and says that he or she is i of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address of Bidder 92AOc Subscribed and sworn to before me this 8 day of �) E C , 20 d S'-- NOTARY PUBLIC KEY E. ANDER�ON F COMM. •1579883 vMUM COUMV �cx�.w�r..an.a�aaa 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 430 (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: Title A C-S DISALIFICATION QUESTIONNSE 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 WNo 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 COMPE10ATION INSURANCE CERTAATE 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 t - provisions before commencing the performance of the work of this contract. -- Date: 12,1f /O S' Contractor C-7 UNDERGROUND SERVICE ALERP IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: m /7- Z' Contractor Title Date: 12, 3 --D Note: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 11I)DER'S INFORMATION • BIDDER certifies that the following information is true and correct: �D�LISi �rvC Bidder Name hoy 7(� Business Address City, State Zip Telephone Number -- 3S5iz2 / State Contractor's License No. and Class 1�1/�9 Original Date Issued 7/s/11�6 Expiration Date The work site was inspected by ��/CL�' Z-&e)`S of our office on 12IS' 20O5— The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is preparesatisfy the Council of the City of HuAton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Subscribed and sworn to before me this day of /7Ee , 1A99 KAY E. ANDERWH I- Comm •1579883 A v - Ip,,.n6prw,lur�a.�00i 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: qt-ff 1. 2. 3. Name and Address of Public Agency 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 ACKNOWLEDGMENT State of : California County of Orange On 1- 2 5 - 0 6 , befpre me Kay E. Anderson/Notary Public , Date 6 Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland & Robert Nodland TT , Name(s) of Signer (s) KAY E. ANDERSON F. COMM. #1579663 n V NOTARY PUBLIC -CAL ,,,I ORANGE COUNTY . , Ydy Corm Ewes June 13, 2009 Place Notary Seal Above [�] 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. WITNESS my hand and official seal of Nota* Public 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 S 342,500.00 $ 400,000.00 S 647,700.00 $ 222,000.00 Bond No. f:311: ela"D� The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated Bid Bond as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($1oo/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 Reconstruction of Various Residential Streets Maintenance Service Contract NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness ORSC 21328 (5/97) 21 st day of L A C November 2005 Linda D. Coats Attorney -in -Fact ACKNOWLEDGMENT State of :California County of Orange On fZ O — b� , befpre me Ray E. Anderson/Notary Public , Date 0 Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland , 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 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 COMA#157W3 person(s) acted, executed the instrument. V NOWWPUBM-CALF~ MUM WITNESS my hand and official seal k�-�a Signa re of Nota, Pu is Place Notary Seal Above CALIFORNIA ALL - PUOOSE ACKNOWLEDGMENT State of California County of Orange On NOV 21 2005 before me, Christine M. Rapp, Notary Public NAME, MILE OF OFFICER personally appeared 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 executed the same in his/her/their authorized capadty(ies), *,r OF►tif CHRISTINE; RAPP and that by his/her/their signature(s) on the instrument the N `: COMM. # 1494518 X person(s), or the entity upon behalf of which the person(s) s a NOTARY PUBUGCALIFORNIA N ORANGE COUNTY acted, executed the instrument. MY Comm. Expires JULY 9, 2008 WITNESS my hand and official seal. OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fiaudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDNIDUAUOWNER ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LMTED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTnER. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTfl Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT in only if the bond is executed 4n or before the date indicated above. COATS its true aid dertakinQs of suretjrship ` liven for alny, cne tsoara osirecoza ©_ �ne:coanpauy..�-.--------^--------------------------- CER'I'IFICA E I, the undersigned secretary of Contractors Bonding and; Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and ' 's 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, Bid Bmd ' Bond Number - 5 =vSigned and sealed this day of Nmuber 2005 R- Dirk Eland, Secretary ` CBIC • 1213 Valley Street o P_O. BOX 92.71 a Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) POaLPOA 07-US051104 ❑AAAAAAAAAA- AAAAAAAAAM �. S.�S A '-'p r -:.;e i - W - - 5W4W1"- 4yt:.-. ..•. - ?e°ie—pGs7i6�p oA'�4 pv 000dE9ae �e0e 8'd Q04o `a. e°0�C0p°Yo e�qa$: e deoyd0 e,��e seesaw e ° `!04 a ° ?� u0000°o o°o°eeQe°® os°e°pose eogoe'®^oo$'�e°o°e°eQe°oroaeoo �o°°o°e°e�oeg'�°°od°°°o?o°oleo°pie e�aoe°Oa°Oe°e °emeaooe°e°d°o40°e°p ore°oe�e°e°m°O°o°°a°�eoo°gA?e°e°°�°°eoMe°ooeo°e°t°0�°e Qmeee°�o°?ee°e°0�0°b°°.w.4ag0 °o°O�e �jLo t e°e°eeq ° a e°a°e°oe°w:r°o°°e°eae°aa°a °e a°e°ea a°o° wee% °°e'e °+brio°cee sror oa a°e°e o — o°e°o°a A® eo o°e°�`is°o°e a°eer��.► °e°ee°a°e° yes ee� a°s°��wl► o�oe oe''r a ^°ep �� °e ° �� a e°e°oe �� a°o e° ° �. e o Ba0°e oe -,76,z2el ry les- 1--:�-1,2 171�ver- 0, �Vl/"' I PECEIYED ,2005 DEC - 8 PM 1: 51 CITY CLERK CITY OF HUNTINGTON BEACH 4-7,, BLDDER'sN,, l E RANK TOTAL BIDMOUNTr g .- 4. 5. $ y9 , 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ ,$ i SECTION A 10 NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 December 8, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The engineer's estimate for this project is $ 3,730,000. BY ORDER of the PUBLIC WORKS COMMISSION of the CITY OF HUNTINGTON BEACH, CALIFORNIA, on the 19th day of October 2005. SECTION A NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 December 8, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The engineer's estimate for this project is $ 3,730,000. BY ORDER of the PUBLIC WORKS COMMISSION of the CITY OF HUNTINGTON BEACH, CALIFORNIA, on the 19th day of October 2005. . • • OBCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 20, 2005 Project/C.C. No.: MSC 430 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 # Copies Pa es Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ElFor review/comment ❑ Other: Remarks: On October 19, 2005, the Public Works Commission authorized the advertisement of the Reconstruction of Various residential Streets; MSC 430 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 11/10, 11/17, and 12/1. The bid opening is scheduled for 12/8 @ 2:00 PM. Please contact me at extension 5042 with any questions you may have. c: file By: Jason Churchill, Street/Facility Supervisor D:\DocumENTs AND SETriNGs\EsPARzAP\LOCAL SETTINGS\TEMPORARY INTERNET nLEs\0LK61 E\NISB TRANSMITAL To CLERK 430.Doc Esparza, Patty From: Churchill, Jason Sent: Monday, November 07, 2005 10:00 AM To: Esparza, Patty Subject: Notice Inviting Sealed Bids EZ�M_ NISB Transmital To NISB 430.doc Clerk 430.d... Patty, The originals will be sent inter -office today. Let me know if there is anything I'm forgetting. Thanks for your help! 1 FO CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 20, 2005 Project/C.C. No.: MSC 430 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 ftem # Copies Pages Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On October 19, 2005, the Public Works Commission authorized the advertisement of the Reconstruction of Various residential Streets; MSC 430 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 11/10, 11/17, and 12/1. The bid opening is scheduled for 12/8 @ 2:00 PM. Please contact me at extension 5042 with any questions you may have. c: file By: J urchill, StreetlFacility Supervisor DADocumEm AND SmTwGs\CHURCH[►\MY DocumEm\GRANTS AND CONTRACTS\CONTRACTS\STREErs\TREE FEim0N\C0NTRACr\MSC-430\N1SB TRANSMITAL To CLERK 430.Doc 9 Eel 16ILiCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FiVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: December 14, 2005 ProjectlC.C. No.: MSC 430 Regarding: Reconstnrcfion 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. Bid Proposals and Bid Bonds Item # Copies Pages. Description 1 1 17 Nobest Inc. - Original Bid Proposal 2 1 14 All American - Original Bid Proposal 3 1 22 Pal , Inc.- Original Bid Proposal 4 1 18 Shawnan - Original Bid Proposal 5 1 13 1 Elite Bobcat Services - Original Bid Proposal 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: rs Remarks: Returning Bid Results v rrri q 1 Please contact me at extension 5042 with any questions you may have. ry c: file By: r-= > Jason Churchill, StreetfFacllitySupervisbt DADocumam AND SErnNGs\cauxceq\Mv Docuhmm\GRANTS AND CONTRACTS\CONTRACTS\SiREM\TREE PErrnox\C0rrRnCr\MSC- 430\TRANsAurALTo CLERK 430 BID Rtsmis.Doc • 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET March 2, 2006 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK CALIFORNIA 92648 Re: MSC 430 — Repair/Replacement of Various Sidewalks, Curb & Gutters, Trees, Driveways & Asphalt Resurfacing 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 one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, vMo�/_ A� oan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: followup\cashcont\cashcon-letter. doc ( Telephone: 714-536-5227 ) • • I DECLARATION OF SATISFACTION OF CLAIMS (Name of Contractor) state: 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: 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") 1 declare under penalty of perjury that the foregoing is true and correct. Executed at (Location) g:followup\cashcont\cashcon2.doc procedure #15 on this day of (Signature of Contractor) , 20_ APPROVEQr,S TO FORM UrI�NIFER McGRATH, City Attorney arab Sutton eputy City 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 VII 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 VIENIFERcGRATH, CltyAttorney n torney 1 Zl y g:foIIowup\cashcont\cashcon 1.doc procedure #14 1,v 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: Sh i Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for VQ41::�/ /A / , L (comps y Name) Faithful Performance Bond No. C_y Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved A� — (C until Approval Date) C,E44/�� Agenda Item No. E City Clerk Vault No. #27 g:/followup/bondletter.doc • * Bond * CE 4492 Premium. $24,500.00 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. CONTRACTOR (Name and Address): OWNER (Name and Address): Nobest incorporated City of Huntington Beach P.O. Box 874 2000 Main Street Westminster, CA 92684-0874 Huntington Beach, CA 92648 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Contractors Bonding and Insurance Company Date: 111 Pacifica, Suite 350, Irvine, CA 92618 Aunt $3,600,058.45 Irvine, CA 92618 Description (Name and Location): For Repair and/or Replacement of Various Sidewalks, Curb and Gutters, Trees and Driveways and Asphalt Resurfacing of Various Residential Streets, MSC - 430 BOND Date (Not earlier than Construction Contract Date):January 16, 2006 Amount $3,600,058.45 Modifications to this Bond: H None CONTRACTOR AS PRINCIPAL SURETY Q See Page 2 Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Con and Insurance Company t � Signature, Signature. ` Name and T' e. /-PQ,ESj'p Lame and Tide: Linda D. Coats, Attorney in Fact (Any additional signatures a on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 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 shall 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 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 notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Corgi Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owners right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default: and with the Owners concurrence, to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to tenrdnated the Contractors right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1; and resulting from the Contractors default: or APP APRMcGRAT AS F 7 Page of 2 ORSC M19 (1493) B J IF , City Attomey A1410 4.4 Waive its right to perform and completeenge for completion, Or obtain a oew car*vicler and 4eriffn 4eseenable Vron 6ww under the circumstances: .1 After investigation, deterrnine 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. 5 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 rwtioe 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 fl row 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 ad 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 Band, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Constriction 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; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages. or if no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-perlbrmarnoe of the Contractor. 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: accrue on this Bond to Jerson or entity other than the Owner or its fdeire, 4aceendtems, slebnirnistrators yr suooessors. a 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. 9 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, whichever occurs 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 fumished to comply with a statutory or other iegal requirement in the kdcaticrr 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. 12.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, inducing all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Construction Contract. 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 tends 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) SURETY Company: Address: Address: Name and Title: Name and Idle: Signature: (Corporate Seal) ORSC 22119 (10-93) Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On 1-25-06 , befpre me Ray E. Anderson/Notary Public Date Name and Tide of Officer (e.g., "Jane Doe, Notary Publics') personally appeared Larry Nodland Name(s) of Signer (s) KAY E. ANDERWN F- COMM. #1579663 oat courm Place Notary Seal Above [�] 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. WITNESS my hand and official seal CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT• State of California CouM of Orange On JAN 1 6 2006 before me, Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER personally appeared Linda D. Coats NA.Nt1'; of SWMR(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the N �`5 tALOFp CHRISTINE M. RAPP person(s), or the entity upon behalf of which the person(s) COMM. # 1494518 X acted, executed the instrument. NOTARYPUBLIC-CALIFORNIA r ` . ORANGE COUNTY °auFo�+ My Comm Expires JULY 9, 20W WITNESS my hand and offici al. /, A I OPTIONAL Tbough the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TTTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTCCY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR 'TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT paper with black and red ink and bears the seal of Contractors Bonding] and Insurance Company (the " Compan inal'document contains a watermark with the letters "cbic" etibedddnhpaper raterhtedhpnupon it. r, EN BY THESE PRESENTS, that th®, Cc. Wan .Y does h t thia following: DOXIOL&S &wl RAPF and LINDA D. CONTRACTOR (Name and Address): Nobest Incorporated P.O. Box 874 Westminster, CA 92684-0874 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Wnd # CE 4492 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 Shan be considered plural where applicable. SURETY (Name and Principal Place of Business): Contractors Bonding and Insurance Company 111 Pacifica, Suite 350 Irvine, CA 92618 Amount $3,600,058.45 Description (Name and Location): For Repair and/or Replacement of Various Sidewalks, Curb and Gutters, Trees and Driveways and Asphalt Resurfacing of Various Residential Streets, MSC - 430 BOND Date (Not earlier than Construction Contract Date):January 16, 2006 Amount: $3,600,058.45 Modifications to this Bond: N None 0 See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Nobest Incorporated Contractors Bonding and Insurance Company Signature:�.Si afore: - Name and Title: L C-1. ;0P Name and Titer: Linda D. Coats, Attorney in Fact (Any additiorial s atures c 2. (FOR INFORMATION ONLY —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): 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 Bairns, 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: 4.1 Claananis 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 contact 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 wham 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. Page 1 of 2 APP ED AS O FORY HJ FERGR, ty tto e� 4i,1, ORIC 22114 (7-93) 5 9 a notice required by Paragraph 4 is give Owner to the Con- Paragraph are void or �iled by law, the minimum period of linu- tractor or to the Surety, that is sufficient canoe. talon available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 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 shall not 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. B 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 Owners 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 Constnudion C had. The Owner shall not be liable for payment of army 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 conxnenced 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 perfored 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: 777[I=i -- • -4 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 rxmfOnnmg 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 pemnit 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 pmforrnance 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 Contractors subcontractors, and all other items for which a mechanics lien may be asserted in the judsdic- tion where the labor, materials or equipment were furnished. 152 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, Including all L_*,,i rF .c a 11577.u.4Ua- _ MI C�_.,� ..� i�. =_e. 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 Tide: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On 1-25-06 , befpre me Ray E. Anderson/Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) ANDERSON F comet. #k1579663 A V MTMYPM1c-MF0W ► t�pascouanr com-ll AMI&M Place Notary Seal Above [S] personally known to me [ j proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CALIFORNIA ALL -PURPOSE ACKNOWLEDGMENT State of California County of Orange On f1jAN 1 6 2008 personally appeared before me, Christine M. Rapp, Notary Public NAME, TITLE OF OFFICER ® Personally known to me - or - ❑ E:LL CF N ��`5 .ti�J CHRISTME K RAPP C COMM. # 1494518 ;0 o NOTARY PUS UCGCALIFORNIA r ` . ORANGE COUNTY N 4uForr+ My Comm Expires JULY 9. 2008 Linda D. Coats NAMEof SIG.NER(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/shelthey executed the same in histherftheir 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. I,km uWJ K rIMI" Though the data below is not required by taw, 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) ❑ LmT-ED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTHY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT f ]�� LIMITED POWER OF ATTORNEY Y 0 r-I r-1 ACORMMIDOffyyy QM CERTIFICAT OF LIABILITY INSURANC 01/(16/2 06) PRODUCER (949) 852 -0909 FAX (949) 852-1131 Milestone Insurance Brokers 8 Corporate Park, Ste 130 P Irvine, CA 92606 Catherine Sar i ana �� — 3 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 , I nc . P , 0. Box 874 Westminster, CA 92684 INSURER A. Landmark American Ins, Co, INSURER B: Peerless Insurance Company INSURER National Union Fire Ins, CO.PA INSURER D INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 hDD1 TYPE OF INSURANCE POLICY NUMBER EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY LHA128727 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE � OCCUR VIED EXP (Any one person) $ 5,000 A X B I Ded : $5 , 000 PERSONAL & ADV INJURY $ 1,000,000 X PD Ded , $5 , 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY CBP8072949 10/01 /2005 10/01 /2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (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 EXCESSIUMBRELLA LIABILITY BE9033995 10/01 /2005 10/01 /2006 EACH OCCURRENCE $ 2,000,000 OCCUR CLAIMS MADE APPROVED AS 10 FORM , AGGREGATE $ 2,000,000 C ENNIF_ER McGRNTH, City Atu ey t $ $ DEDUCTIBLE � f �r-T4 RETENTION $ r `` I $ WORKERS COMPENSATION AND Y Pwd DAiiiWC STATULIM'- OTH- RY FIR EMPLOYERS' LIABILITY AB®i.tant City AttO eY ANY PROPRIETOWPARTNERIEXECUTI VE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? It yes. describe under SPECIAL PROVISIONS below E,L. DISEASE - POLICY LIMIT 1 $ OTHER CBP8072949 10/01/2005 10/01/2006 All Risk-100% Coin, Equipment Lea sed/Rented quipment Floater 3% of individual item, • $1,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Reconstruction of Various Residential Street; MSC-430 ity of Huntington Beach, its agents, officers and employees are added as Additional Insured with rimary Wording per RSU15001 0903, giver of Subrogation applies where required by contract *Ten Days Notice for Non -Payment of Premium CFRTIr-ICATF Will nFR CONCH 1 ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ftVXX" MAIL City of Huntington Beach *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn. Jason Churchill xirXIdXMtEZikiKkixl(iXXii�t1Wi�XX: 2000 Main Street a"X" a&X#dl)W)iWW"& WK*40W W&AX)4W�(XXXXXXXX, AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 Catherine Sariana/CAS ACORD 25 (2001108) FAX: (714) 536-5212 OO ACORD CORPORATION 1988 ACORD 25 (2001/08) • IF] This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization City of Huntington Beach, its agents, officers and employees 2000 Main Street Huntington Beach, CA. 92648 Re: Reconstruction of Various Residential Street; MSC-430 Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV _COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/05 forms part of Policy Number LHA128727 issued to Nobest, Inc. by Endorsement No.: RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission • • This Endorsement Changes The Policy. Please read it carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization City of Huntington Beach, its agents, officers and employees 2000 Main Street Huntington Beach, CA. 92648 Re: Reconstruction of Various Residential Streets; MSC-430 As required by written contract Section IV — Conditions, 8. Transfer of rights of recovery against others to us: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of "your product" or "your work" done under a written contract with that person or organization and included in the "product -completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 10/01/2005 forms part of Policy Number LHA128727 issued to Nobest, Inc. RSG 14048 0903 L_J 0 CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142.0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-16-2008 GROUP: POLICY NUMBER: 6853043-2005 CERTIFICATE 10: 45 CERTIFICATE EXPIRES: 10-01-2008 10-01-2005/10-01-2006 CITY OF HUNTINGTON BEACH ITS AGENT, SG dOB:MSC-430 RECONSTRUCTION OF VARIOUS OFFICERS AND EMPLOYEES RESIDENTIAL STREETS 2000 MAIN STREET HUNTINGTON BEACH HUNTINGTON BEACH CA 92848 CA This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTH70RIZEDREPRESENTAT41ki PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - LARRY NODLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. r.e.._ENDORSEMENT N2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NOBEST, INC. SG PO BOX 874 WESTMINSTER CA 92884 [B19,SG1 1Rc'V.2-121S) PRINTED : 01-18-2006 su. ii INSURANCE AND INDEMNIFICATION WAIVER Hun - I BeKh MODIFICATION REQUEST 1. Requested by: James Jones 2. Date: February 1, 2006 3. Name of contractor/permittee: Nobest, Inc. 4. Description of work to be performed: Removal and Replacement of Concrete 5. Value and length of contract: $ 3,600,058.45, 220 working days 6. Waiver/modification request: $5,000 deductible, in lieu of a zero balance deductible 7. Reason for request and why it should be granted: Unable to comply with deductible requirements. 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature 116r`'Z 1Z . g- I -a Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Managementarfnh# City Attorney's ffice disagree. 1. k Management Approved ❑ Denied Signature Date 2. City Attorney's Office � pproved ❑ Denied al 3 'd Signatur6J Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Waiver for deductible 2/1/2006 5:51 PM ;, "Iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2006 RE: MSC 430 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 Enclosed please find your original bid bond for MSC 430. Sincerely Joan L Flynn City Clerk JLF/pe attachment (Telephone: 714-536-5227 ) RECF 2005DEC _8 PPS 1: 4 7 CITY 41�'Y RK HUgdTIUG TON BEACH • UFidepy and Deposit Compan of Maryland 9"90 Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal'), P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Various Residential Streets Maintenance Service, Project No. 430 Bid Date: December 8, 2005 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. rr irrlraa day of December ALL AMERICAN ASPHALT A.D., 2005 (SEAL) Principal Robert BraderftYeP- FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sure By AL) M. BRO , 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 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 Robert Bradley, V.P. Printed or Typed Signature Subscribed and sworn to before me this day o , DMA Z LOPEZ Commission # 1544817 @my Notary Pub!lc - Calitomia 5 Riverside County NOTARY PUBLIC Comm. Expires Jan 15.2oo4 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies f r which the bidder has performed similar work within the past two years: -tk-t7 1. Name and Address of Public Agency 2. 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 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e dds by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, -its true and I Q or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a Il kings, and the execution of such bonds or undertakings in pursuan , sn on said Company, as fully and amply, to all intents and purposes, as if th `xe 6R ged by the regularly elected officers of the Company at its office in Bal ' r� U%Aheir r' This power of attorney revokes that issued on behalf of Owen M. t ru The said Assistant BE Section 2, of the By-L� IN WITNESS WI!I' affixed the Corporate December, A.D. 2004. ATTEST: 'ya0 DUOS .a o a fl, UIi ? 4 "4tra *ffq'Ihat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. REOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary n, J k r L l••� By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. aa�`p�i' pbp�i • i� �4 Itf+ ~(sfi Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 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 any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th day of December 2005 J Assistant Secretary CALIFORNIA ALL-PURPOSE State of California County of ° Cl Nef SS. OnZt2UW —1i MDR before me, Ixtla Z. Lopez, Notary Public Date Name and Title of Officer Personally appeared ' I)M A 7- LOPEZ Commission # 15"817 Notary Public - California Riverside County LQ1MVC0mm-ExPlmJan15.2oo4 OPTIONAL personally known to me _proved to me on the basis of satisfactory evidence to be the person(g) whose name Wme subscribed to the within ingtrument and acknowledged to me that hell# &Vmy executed the same in hisAmrkheir authorized capacity(i , and that by hisgier/thelr signature on the instrument the persono) or, the entity upon behalf of which the person(,94 acted, executed the instrument WITNESS y hand and offiaal I, �Iam mp 1 r-Srgnature o u is 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: t Jl d Z=I Document Date: 'IeP 6, ':�,N'1-5 Number of Pages: t)nt C i> Signer( Other Than Named Above: i)wt I M . kY7 w n Signer's Name: 2bb�.fl Ydt\j Individual Corporate Officer Title(: _Partner- _Limited _General _Attorney -in -Fact Trustee _Guardian or Conservator Other: Si ner is Representing: I I -A ,re ICE r) , Top of thumb here Signer's Name: _Individual _Corporate Officer Title(s)_ Partner- _Limited _ General Attomey-in-Fact Trustee _Guardian or Con sery r Other. Signer is Top of thumb here SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 two hundred twenty (220) 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 18. Addenda y . The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening- (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Project Manager up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Project Manager after this time will not be addressed. �B-5 Ul-,"', • i MSC - 430 Project Bid Schedule r452 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard Plan 714) C vC 20 AT , + -0 (( PER EA. I S'o 6 �$oo 21 104,393 COLD PLANE AT 1=v C 8.-�4-_c PER SF ,L10 252,108 FURNISH AND INSTALL PETROMAT AT PER SF o n, Z S'(Z / Flo 22 Tcr. Ge.,4s -1 2,269 ONE & ONE-HALF INCH OVERLAY AT TON 3j 36 81 23 wv 0,11mfPER 39 ADJUST WATER VALVES a. 24 AT + PER EA. 2 SD �� o 23 ADJUST MANHOLES 25 AT T�{Q a. � 4—'Jw_J 0-41- -r c PER EA. 3 00 �� `l o o PREPARE PRE -CONSTRUCTION CORNER RECORD AND 69 FILE WITH APPROPRIATE AGENCIES 26 AT o.. 100 1 PER EA. PREPARE POST -CONSTRUCTION CORNER RECORD AND 74 FILE WITH APPROPRIATE AGENCIES 27 AT oti e. reJ Fy ! R PER EA. ADJUST MONUMENT WELL TO GRADE (per Standard Plan 4 219) PER EA. 28 Bid in Figures. Total Amount $ q 1 1 3 S o 0 Total Amount Bid in Words: 66 It 1R,g one G A I C-2s i L F Li L P I- I H No. MSC - 430 Project Bid Schedule 777 7REMOVE/DISPOSE OF PARKWAY TREES x Hknxrea �Doll� s PER EA.ISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 148,528 INCL.) -Tw, SO 3 - r/ 3 Z o 2 AT Ooll Ft Ce PER SF PARKWAY EXCAVATION 3 185,660 AT¢� Foy Cea+ PER SF S C7 , S (3 R� z �( S' REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY p, 4 243 AT16.,r N�►d. A Si Poff.is PER EA. c ib r l 7 F o REMOVE/REPLACE WATER METER BOXES 5 545 AT ,,a. i0e r PER EA. q O 3 S t o REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 37,132 INCL.) 4:1 ZzL� �92 6 AT $ ; x Porl Ars PER LF 37,132 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) o 7 AT Eovr Dor(-,rf PER LF 46,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY a, r. l�61l fs PER SFNilO 15,876 REMOVE/DISPOSE OF EXISTING CROSS GUTTER oy L( 63t s04 g AT Fov.r D,ll.rf PER SF 8,856 REMOVE/DISPOSE OF SPANDRAL �• 10 AT oL.r C L C + PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 37,132 202) 1 1 ' 705-1 sa 8 11 AT N i�e+ee.- io.((,rf PER LF CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 46,870 AT o - r PER SF 6 - St7 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 148,528 AT I vc + PER SF 1,392 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) _ Woo 14 AT e, (rw r PER TON tc,14 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 84 A88A) a/ 'go a l b g/ bC70 15 AT r,. PER EA Tl�a•-3•-•.� IC1o((c�rs CONSTRUCT SPANDRAL (per Standard Plan 205) .o 16 8,856 AT PER SF CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 15,876 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 452 (per Standard Plan 718) S e. ��/ lob 18 AT Ov e eje r;,.,e 0.1(a PER Lot. PLACE NEW PARKWAY TOP SOIL AND RESEED .. 19 545 AT Foy 4 F� .F d PER EA. �Q Z K SI Zoo C-2s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find R�'&yA in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C_2 41 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion o Work Name and Address 4 jf b ontrdctot Slate License. Ctass.,. tfti9aiio� ��t.a��. vall gio6ZZ L By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 0 0 NONCOLLUSION AFFIDAVIT [7 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 owe is \C-F-- r0Cefl k&f �M of \\ AdytK c fxr AWM\�- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership,. company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder "Signature of Bidder R rt Bradley, V.P. Address Bidder Subscribed and sworn to before me this 1UA"- day of/eCf `�20 QG. 600Z 'S t uDr se4dx3 'wwo:) Ayd AlunoC) eplsieNa olwollloo - oli4nd NDIoN �- C t BbbS l # uolsslwwoC) Z3d01 'Z Y11Xl NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 430 (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: �. 1A k ) Vb Title Robert Bradley, V.P. 0 D, U C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty in 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 E(No 1 If the answer is yes, explain the circumstances in the space provided. CIA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 r 0 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1A u C j A\1 AvYJX\CGInY1Ql� Contractor By Title Robert Bradley, V.P. G C-7 F1,11 • i UNDERGROUND SERVICE ALERT IDENTIFICA T11 ON NUMBER Ct — V-\-- (To be completed only by th e cl 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 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 0 0 I Date: Contractor By Title Note: This form is required for every Dig Alert Identification Number issued by U.SA. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 i • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: IT 016► . W :MTVWT,1 Bidder r Business Address W� CMrA C, P� 01Q%T� City, State Zip ( ay \) Telephone Number a (12t)g, -6 P r- vo State Contractor's License No. and Class Original Date Issued I 1 -;�, \ � 2ont Expiration Date The work site was inspected by s1 xM M EL I&-e, of our office on "i C. 6 , 20(E The following are persons, firms, and corporations having a principal interest in this proposal: .Womw ►ice III C-9 5ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 • 9 On 12-5-05 before me, B RRARA T RENDER A personally appmW OWEN M. BROWN — NMI*)d 8~ XNE guy known to me ;. i to be the person(*) whose name(*) L%WW subscribed to', the within instrument and acknowledged to me that hatdbilftV executed f! the same in hisJiM111bir authorized Carman# 1 42M capacity(ip), and that by hiss NA111-1 raft_� r) on the instrurr *W the person(, or �4e� the a upon behalf of which the person(g) acted, the instrument ESS and seal. a Ndmy PUbk OPTIONAL rhopo the MlormWon below is rrot nerhed by law, it nw pro ae vakew to persons m"v on ere doaxwera NW aoW prevent fraudulent remove! end r#aU%dwwg of dry Imn to anod►er dorxa►rerd. Description of Attached Document Title or Type of Document: BID BOND Document bate: 12-5-05 Plumber of Pages: ONE (I) Sigrier(s) Otter Than Named Above: ALL AMERICAN ASPHALT Capacity(lets) Claimed by Signer Signer's Name: OWEN M. MOWN ❑ Individual Top of 8wmb mere ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General NPAitorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Otter. Signer is Representing: FIDELITY AND DEPOSIT C014PANY y- OF MARYLAND 01M Na§MW MW"Awod.Ean • 9W De SobAea- P_Q BM ZW-CA ft CAei3r3 W -CAM Pmd. W 5BOT NaardW. CA Td-FW9 7a06975ow " 2004" PAST WORK REFERENCES City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Contact: Marwan Youssef, (714) 898-3311 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 County of Riverside 4080 Lemon Street, 8a' Floor Riverside, CA 92501 Contact: Stan Dery, (909) 955-6785 City of Orange 300 E. Chapman Avenue Orange, CA 92866 Contact: Alan Truong, (714) 744-5573 City of Ontario 303 East "B" Street Ontario, CA 91764 Contact: Gary Harms, (909) 395-2130 City of Glendora 116 E. Foothill Blvd. Glendora, CA 91741 Contact: Kelly Gardner, (626) 914-8200 Goldenwest Street Improvements Contract: $1,442,442.00 Completed: 8/3/2004 Start: 9/15/2003 Tustin Avenue Rehabilitation Contract: $767,767.00 Completed: 5/4/2004 Start: 1/26/2004 Limonite & Riverview Contract: $4,456,367.00 Completed: 6/22/2004 Start: 12/15/2003 Annual Street Maintenance Contract: $732,732.00 Completed: 4/24/2004 Start: 1/26/2004 Holt Blvd. Pavement Rehabilitation Contract: $713,903.40 Completed: 5/22/2004 Start: 4/8/2004 Sierra Madre Street Improvements Contract: $322,356.00 Completed: 8/20/04 Start: 7/12/2004 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2006 RE: MSC 430 Elite Bobcat Service 1320 E. Sixth Suite 100 Corona, CA 92879-1785 Enclosed please find your original bid bond for MSC 430. Sincerely Joan L Flynn City Clerk JLF/pe attachment (Telephone: 714-536-5227) L RECEIVED Zoos ©eC -g PM t: 43 CiTy CLERK HUNTING OP° eEA OH • • yi CI+TY-OF HUNTINGTON BEAl Fidelity and Deposit POST OFFICE BOX 1227 OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That we- ------------ • Bond No._::08739262 PREMI Company BALTIMORE. MD 21203 , as Principal, (hereinafter called the "Principal"), and ,.the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly ,organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto -------- CITY OF HUNTINGTON BEACH---- ------------------------------------- —--------- —----- —------------- ---------- ---------------------- ------------ ----------------------------------------as Obligee, (hereinafter called the "Obligee"), in the sum of ----------- TEN —PERCENT OF AMOUNT —BID -------------------------------------------- Dollars ($----102---------------------), 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______________- ST. MAINTENANCE SERVICE CONTRACT #430 ---------- —----------------------------- —------------ —------ -------------------------__----------------------------------------------------------------------------------- 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 ------------------ - -----------day of --------- DECEMBER------------------------A.D.,20 05 . -ELITE BOBCAT SERVICE, INC. -_(SEAL) P 'ncipal Witness BY: ------------------- --- ----------- ------ -- ----------------------- •l$,C Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sur i ------------------------------------------------------- .... (SEAL) Witness MATTHEW P. LAKE Title c325f-50M. 7-92 ATTORNEY —IN —FACT Lon(orms to A—mcan Instim a of Architccu Docum 4 A J10• fcbrusry 1970 Edit— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 12/ 08 /05 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. q�n '\_ Signs of No ry Pub C OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond— City of Huntington Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 12/ 06 /05 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL n CORPORATE OFFICER President / Secretary M TITLE(S) ❑ PARTNER(S)1-1 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service. Inc. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 12-06-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared ___MATTHEW,_P _TLAKE: personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS m hand and official seal. LEXIESHERWOOD ^ COMM. #1593951 3 NOTARY PUBLIC CALIFORNIA Z ORANGE COUNTY -► Sign r f Not P lic Comm. Exp. JULY27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUM6ER OF PAGES 1 DATE OF DOCUMENT 12-06-05 ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: CAPACITY CLAIMED BY SIGNER ❑ CORPORATE OFFICER TITLE (S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING•' FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e &sit by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB�F >E and Lexie SHERWOOD, all of Anaheim, California, EACH its true l3 A 1 make, execute, seal and deliver, for, and on its behalf as surety, and as it y undertakings, and the execution of such bonds or undertakings itt se s A�U�e ending upon said Company, as fully and amply, to all intents and pwo s =beeRAu dacknowledged by the regularly elected officers of the Company at its ffIti t�M 1 ��iL er persons. This power of attorney revokes that issued on behalf of Richard A h r avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. ©� The said Assistant 'ct�y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: 'ra oEros/ �• f0 P W �wy 4 ... State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he 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. "fit I if WIN, Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H • • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6TH day of DECEMBER 2005 Assistant Sec•retary SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 two hundred twenty (220) 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 Tailure 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 18. Addenda 0 • The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Project Manager up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Project Manager after this time will not be addressed. B-5 MSC - 430 Project Bid Schedule OEM 357 REMOVE/DISPOSE OF PARKWAY TREES AT PER EA. 1 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 148,52$ INCL.) AT PER SF f 2 185,660 PARKWAY EXCAVATION AT PER SF c& 3 243 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 AT PER EA. ® �� 545 REMOVE/REPLACE WATER METER BOXES O 5 AT PER EA. REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 37,132 I NCL.) �p 6 AT I PER LF 7 33 � 37,132 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 9.4— 7 AT PER LF o 6 46,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 AT PER SF 00 270' 15,876 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF— 8,856 REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 37,132 202) 11 AT PER LF 46,870 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT PER SF �� 12 Q 148,528 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207T 13 PER SF 1,392 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) AT PER TON 14 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP 84 A88A) 15 AT PER EA. ,_76T 8'8 56 CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF a 15,876 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 452 (per Standard Plan 718) &V 18 AT PER Lot.�� 19 545 PLACE NEW PARKWAY TOP SOIL AND RESEED AT PER EA.,34 ZER C-2s �► s MSC - 430 Project Bid Schedule FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 452 Standard Plan 714) q. 20 AT PER EA. 21 104,393 HOLD PLANE PER SF a Z f 252,108 FURNISH AND INSTALL PETROMAT 22 AT PER SF , / 2 23 2,269 AT PER TON a7Q �7/O ADJUST WATER VALVES 24 39 AT PER EA. 5tpZZ 1 3,10 ADJUST MANHOLES 25 23 AT PER EA. PREPARE PRE -CONSTRUCTION CORNER RECORD AND 69 FILE WITH APPROPRIATE AGENCIES 26 AT PER EA. // ®Y0 PREPARE POST -CONSTRUCTION CORNER RECORD AND 74 FILE WITH APPROPRIATE AGENCIES p® 27 AT PER EA. ADJUST MONUMENT WELL TO GRADE (per Standard Plan 4 219) 28 AT PER EA. Total Amount Bid in Figures: $ ` 3y Total Amount Bid in Words: Gv,f_e M1Ifo., /V;r, a PrcA a,�O/V,'a 4-%; _Sov,or, 716,ar.-„ "`Aee,�', po Pee6 /%'-1et 7'w.7 Ceps 4 C-2s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find jiMers l in the amount of $ 1W. of 44J bJwhich 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 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. Glass of Rork Number ;01 1 S-11- �eae11; %✓eQ By submission of this proposal, the Bidder certifies: M IW41 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 *NCOLLUSION AFFIDAVIT* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of q,1arte fib' ; WAStcie1 Jp I�h. 1►�(,� , being first duly sworn, deposes and says that he or she is TUC% Aer "-1- % Se.C.. of E: I i --e F>c&-Saem-Lf , Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -Ii -2 t�C�� IrVICA , )rl,- . Name of Bidder 4-41 J-"/� Signature of Bid er 13x) E. S i -)c-41--� S-� • Sac . 110 Address of Bidder Camr)a, C:G q' a - 1-1 Subscribed and sworn to before me this $ day of Uca-n , 20 05-. NOTARY PUBLIC SARAH D. SHAW. Commission # 1437422 es Notary Public - California Riverside County My Comm. Expires Sep 2, 2007 NOTARY SEAL C-4 UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 430 (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: lkz rr16e,,�- S", , 'D,ODS �l 1 6-,,A SanV u. �YIC Contractor C-5 0 DISQUALIFICATION QUE STIONNA 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. Contractor By _ 00_ /Sec.. 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: &) )'4& 8p"+ Contractor By Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip cg51) Xg01—LoSZ69 Telephone Number 9 a ea (� A — State Contractor's License No. and Class 31 nL Original Date Issued Expiration Date The work site was inspected by n of our office on bt(— �j , 2W> The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepare* satisfy the Council of the City of Hgton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. E i!4 &�+ S9rV (2 112C . Company Name Signature of Bidder Vet MQA-VNCA'- Typed Signature Subscribed and sworn to before me this � day of dIK NOTARY PUBLIC SARAH D. SHAW A Commission # 1437422 ;p m Notary Public - California Riverside County My Comm. Expires Sep 2, 200 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency 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 Elite Bobcat Service, Inc. Reference List - Public Agency Address Contact Phone No. Proiect Description Contract Amount City of Anaheim P.O. Box 3222 Chuck Smith (714) 765-5176 2000/2001 CDBG Improv. 109,939.00 Anaheim, CA 92803 City of Fontana 8353 Sierra Ave. Don Gilbertson (909) 350-6659 Fontana, CA 92335 City of Garden Grove 11222 Acacia Pkwy Dai C. Vu (714) 741-5189 Garden Grove, CA 92842 City of Highland/ 650 Hospitality Ln. #400 Larry D. Brown (909) 386-0200 �ldan San Bernardino, CA 92408-3317 Laing Homes 255 E. Rincon St. Ste 100 Tony Nissan (951) 272-5100 Inland Division Corona, Ca 92879-1330 City of Santa Ana P.O. Box 1988 William Albright (714) 647-5029 Santa Ana, CA 92702 City of Riverside 3900 Main Street Phillip Hannawi (909) 826-5341 Riverside, Ca 92522 City of Laguna Beach 505 Forest Avenue Mike Branch (949)497-3311 Laguna Beach, Ca 92651 City of Santa Ana 20 Civic Center Plaza Bill Albright (714) 647-5029 Santa Ana, CA 92701 4W of Irvine P.O. Box 19575 Doug Davidson (949)724-6675 Irvine, Ca 92623-9575 City of Temecula 43260 Business Park Dr. Bruce Levy (909) 694-6411 Temecula, CA Riverside County 3525 14th Street Jim Ayres (951) 955-1918 Economic Dev. Agency Riverside, CA 92501 Mango and Miller St. Improv. 240,238.00 Safe Routes to Schools 189,392.00 2002 Concrete & Street Repairs 171,406.58 "Northfork" Harrison & 65th Norco 2,222,616.00 Windsor Village Neighborhood Improv. 153,678.65 Riverside Plaza Street Improvements 278,343.85 Temple Hills Pedestrian Path 310,631.74 Omnibus Repairs #1814 268,473.95 Dumpster Enclosures 41,000.00 Construct New Sidewalk 50,550.00 Highgrove Entrance Improvement 1,684,377.05 Riverside County Bondine Insurance Culbertson Insurance Services, Inc. Sherman, Parent, Prince & Fleming Insurance Brokers 5500 E. Santa Ana Canyon Road, Suite 201 17912 Mitchell South Anaheim, CA 92807 Irvine, CA 92614 Dave Culbertson (714) 921-0530 Bob Parent (949) 756-4100 • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2006 RE: MSC 430 Palp, Inc. dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806-5124 Enclosed please find your original bid bond for MSC 430. Sincerely Joan L Flynn City Clerk JLF/pe attachment CALIFORNIA 92648 (Telephone: 714-536-5227) PALP, INC- DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE LONG F!'nCI�, CA 90f,Of — -5 a 2005 DEC -8 PM 1: 52 ry �ac�.fl of +kA01.01Tom NFTC �pe� R11T}F V-E,[,juLlj2- YW L- p" Sc-t : VAAouS 'RESIOtW(A- SIP-Gt-TS 'R-ESuRf A-C 1^E7 'nD 'RArTC-j'C(tinC- : IZ 108/b5 @ o'?-:bb PNl • Bond No BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company Bid Bond as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for various Street Reconstruction NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness ORSC 21328 (5/97) 29th day of November , 2005 PALP Inc. dba Excel Paving Company Principal (Seal) CCV,Po BROWN By: �61�NT Name/Title Federal Insurance (Seat) A. Rapp Attorney -in -Fact CALIFORNIA ALL - PiJODSE ACKNOWLEDGMENT* State of Califomia County of Orange on NOV 2 9 2005 before me, A.P. Coats, Notary Public NAME, TITLE OF OFFICER personally appeared Douglas A. RaN NAME OF SIGNER(S) ® Personally known to me - or - A.P. COATS c...14"f4 IMAM 0T dMBE�lj My TO J* Z M 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/heNtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. S m 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 ❑ INDIVIDUALIOWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAW OF PERSON(S) OR ENTTrY(WS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Chubb POWEW Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road SUrety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Krww Ap by Them Presennts, That FEDERAL INSURANCE COMPANY, an Indiana corporaWn. VKVLANT WSURANCE COMPANY. a New York corporation. and PACIFIC WOELOM COMPANY. a W'rsoonsin corporation, do each hereby oonsWule and appoint Douglas A Rapp or Linda D. Coats of Laguna Hills, California --------------------------------- each as lheb true and lawful Atlomey-in-Fact to execute under such deskjmation in fly names and to aft thek corporate seals to and deliver for and on Itheir behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than belt bards) given or executed in the course of business, and any instruments amendng or altering the same, and consents In the nxKVK akm or alteration of any instrument rationed to in said bonds or oblkjabons. In Witness Whereof. said FEDERAL KISURANCE COMPANY. VIGILANT DANCE COMPANY. and PACIFIC INDEMNITY COMPANY have each exaculed and attested these presents and affixed their corporate seals an this STATE OF NEW JERSEY ss. County of sornerset 22nd dayd January, 2004 �.�ffz�mffiv�� oat" 2 2 ndiay d January, 2004 . before no, a Notary Pubic of New Jersey, perso rally came Kennett C. Wendel, to me lump to beAssislaed Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the eornparies which eammled the fongoi g Power ofAttorney. and the said Kemeth C. Wendel being by me duly swom. dd depare and say Itat he isAssistant Secretary of FEDERAL. INSURANCE COMPANY. VIGILANT WMjlRANCE COMPANY, and PACIFIC WDB MTY COMPANY and Irnowcs the coMorale seals twoof. that the seals allied to the foregol ng Power dAltomey are such eaporalesadsandwaretlteneloalboedbyauthorlyd#w8V.4jwsolsaidCompanies; and lfrathes4nedadd Power dAtlorneyasA rtSecretaryofsoldCompanies by Ike aulhodty; and Imt he is aapmkded wilt Frank E Robertson, and knows lira to be Woe President of said Companies: and dud tie signature of Frank E Robertson. w bsatbed to said Power dAtlomey Is in #a gamine hw w ftV of Frank E. Robalson. and was twelo subsotwd by autharily of said By4.aws and In deponents presence. Notarial Seal t Mic Sine of New kuy . � No. 2231641 Notary Public of FEDERAL PWRANCE COWANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: y for and on behalf of the Company may and shall be executed in to name and on behalf of the Company. either by the or a Vice President or an Assistant Vice President, joihtiy with the Secretary or an Assistant Secretart, under their ns. The slgnatwe of such officers may be engrave4 prided or rihographed. The signature of each of the following officers: Clnaiman. President, any Vice President, ary Assistant Vim President any Secretary. any Assistant Secretary and the seal of the Company may be affixed by bo kW9 to cry power of a surrey or to erg► certilicale Well 9 thereto appointing Assistant Secretaries or Atlomeys-in-Fa d for purposes only of exeantrg and attesting bonds and undertakings and other wrwrgs ob4dory in the nature thereof and any such power of atlorney or certificate bearig such facsimile sign Am or faxsirn7e seal shall be valid and binding; upon the Company and any such power so executed and oa Wed by such besi ile **nature and fats nle seal shall be valid and birndng upon the Company with respect to any band or urndertal" to which it Is attached.' 1, KMNM C. Wendel. Assistant Secretary d FEDERALIN&MANCE COMPANY. VIGILANT INSURANCE CO NMX and PACIFIC INDENWITY COMPANY (the "CornParvas9 do hereby cardly that (Q the foregoing exhaxa of the k-Laws of ere Companies is true and correct. (i) the Companies are duly Icensed and authorized to transact suety buskxm in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department furor. Federal and Vigltant are licensed in Puerto Rico and the U. S. Vigin Lslancl% and Federal is Wensed in American Samoa, Guam, and each of the Provinces of Canada except; Prince Edward Island; and (w) the foregoing Power of Abxney is true. correct and in &A force and effect Chen under my band and seals of said Companias at warren, w l his 29th day of November 2005 7, Wi,=,- r- M 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 (9W) 903-3485 Fax (908) 903-3656 e-mail: surelyOchubb.com Farr tstaozzs to +re! Cor+serr 0 17j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Los Angeles J On0b(C 8 2005 before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public") personally appeared PALP DBA Excel -Paving Co By C P Brown President Name(s) of Slgner(s) C. PHILLIPS rn Commission. # 1492824 Notary Pubic - California y Los Angeles County .. My Comm. Expires Nay 31, )008 ; K] 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. WITNES m hand .Mknd official seal. Place Notary Seal Above Sign re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01999 Natlonal Notary Association - 9360 De Soto Ave., P.O. Box 2402 - Chatswonh, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call TA -Free 1-800-876-6827 • SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 two hundred twenty (220) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 MSC - 430 Project Bid Schedule REMOV ISPOSE OF P RKW Y REEy� !YTkr 1 357 AT rr�� PER EA. =t REMOVE/DISPOSE O d SIDEWALK (CURB RAMPS 148,528 INCL.) AT &V SF ✓ ?,G, ��1 2j� 2 dAmPER , 185,660 PARKWAY EXCAV ION AT PER SF 1 490. 3 REM VE/REPLA E I TION SY MIN PARKWAY 4 243 AT PER EA. �� R�✓ 545 REMOVE/REPLACE AT R ME ER BOXES- 5 PER EA. 37,132 REMOVE/DISPO E OF CURB AND GUTTER(CURB RAMPS INCL.) 6 AT PER LF 37,132 REMOVE/ POSE OF ASPHALTCONCRETE (Gutter Slot) 2• 0 Q611s 00 7 46,870 REMOVE/DISPP.C.C. DRIVEWAY O E U PER SF 15,876 REMOVE/ I POSE OF EXIST G CROSS GUTTER�� `• g AT PER SF 8,856 REMOVE/ IS OSE OF PAN RAL PER SF 10 CONSTRUCT P.C.C. CUR AN GUTTER (per Standard Plan 1� 1 37,132 11 AT PER LF CONSTRUCT DRIVEWAY (per Standard Plan 209) 12 46,870 SF 148,528 CON RUCT P C. SIDEWALK (per Standard Plan 207) 3 0 `�' 5�g32• J 13 AT ( PER SF CONST UCT SPHALT CO R ( U ER SLOT) 1A — 14 1,392 AT PER TON 84 CONSTRUCT WHEEL CHAIR AMP per Standard Plan RSP A88A) p p A�� dI (per �•-(gy 221 (0` 0 15 AT =k,h LQ" PER EA. 8,856 CONSTRUCT SPANDRAL (per Standard Plan 205) 1 •bj �P I _�1 3K J 1 16 AT Sd1(M PER SF 15,876 CONSTRUCT R S GUTTE (per Standard Plan 205) -1 bn� Io u51 • ✓ 17 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION a�� ✓ 452 (per Standard PI n 7 8) 18 AT PER Lot. 545 PALTAC NEW PAR WAY T P S ILA D SEED PER EA. �10 19 J� C-2s n MSM - 430 Project Bid Schecte 7 1 rr FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per 452 Standard Plan 714) AT �(.i ML PER EA. — JOS t OL 20 �Ofj , 104,393 COLD PLANE CQA1 'S PER 0.14 A5 Usq ,3 21 SF 252,108 FURNISH AND INSTALL PETROMAT o 1 I 22 AT wyvy5 PER SF 2 269 ONE & ONE-HALF INC ERLAY 18'� lie) 11�'5— 23 PER TON 39 ADJUST W T R V LVE 24 AT PER EA. 23 AADJUST MANHO ES 23Q. 5 ?,CIO -� 25 PER PREPARE PRE -CONSTRUCTION CORNER RECORD AND 69 FILE WITIJI APPROPRIATE AGE CIES 26 AT PER EA. PREPARE P( STRI IdTIFON CORNER RECORD AND 74 FILE WITH APPROPRIATE AG NCIE 27 AT , �O PER EA. ADJUST MONUMENT WELL TO GRADE (per Standard Plan 1 4 219) l� AT U�0 PER EA. 28 C-2s If awarded the Contract, fflundersigned agrees that in the event9the BIDDERS 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 AMOUNT BIDE 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: )W Addenda No. Date Received Bidder's Signature C-2 r 4PIST 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 V CA Y111./ 'tvrA Qn ,;J 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 ` OONCOLLUSION AFFIDAVIO n TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID it State of California ss. County of Orange G. P. BROWN , being first4dulXr,sw.9m, deposes and says that he or she is PRESIDENT of the party making the foregoing bid that the bid is not made in the interest of, or on G 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 xtlf L iW1NG COMPANY Name of Bidder (�— I Leil—� Signature of Bidder C. BROWN PRESIDENT" 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder dayQ#Q - 8 2005 , 20 _ . NOTARY SEAL C-4 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On DEC — 8 2005 before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared PALP DBA Excel 'Paying Co. By C.P.Brown President Name(s) of Signer(s) C. PHILLIPS y � r Comrn-^i0n." 1497$24 fX_ ' +�+ ' Notary Puh!ic " California ' Los Angeles County 651. My (omm. ilrPiret Mary ?I, )008 9) 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. WITNESS h d and official seal. Place Notary Seal Above Signature f 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 - www,natlonalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-076-6827 • 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 430 (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. 0 Date: ElC1, - O �'ALW INC D0,� z ,L P i�iNG -OMPAN Y Contractor C.P. BROWN, PRESIDENT Title C-5 DIS ALIFICATION Q UESTIONPIRE 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 a 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 •BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: Bidder Name PALP, INC. DEh EXCEL PAVING COMPANY 223O LEMON AVENUE LON(-, SFACH. CA 90E.06 Business Address City, State Zip ) (562)599-5841 Telephone Number STATE LIC. 688659 -A- State Contractor's License No. and Class r31 �\�OA Original Date Issued Expiration The work site was inspected by, ak 60# of our office on , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: C:UR11S P. BROWN, PRESIDENT €I< CHIEF OPERATING OFFI(IN CMULYN J. BROWN, SECRETARY 8 CHIEF FINANCIAL OFFICER GEOBGE R. McRAE. Smog VICE Pugnw CURTIS P BROWN III, VICE PRESIDENT MICHELE E. DRAKULICH, ASSISTANT SECIETAV C-9 The undersigned is prepay& satisfy the Council of the City of H&gton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. r .�°4, COMPANY Company Name Signature of Bi a . 3HOW v, 08ESiDEfNt Printed or Typed Signature Subscribed and sworn to before me this _ day ov L: - �' �' , 199_ . 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 3EE ATTACHED 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Los Angeles J 05 On 20before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public") personally appeared PALP DBA Excel 'Paving Co. By C.P. Brown President Name(s) of Signer(s) PHILLIPS ., Commi ^Ion. * 1492824 -j W , db Notary Pul"=ic California Los Angeles County My Comm Expires May 7!, 2008 K) 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. WITNESSMynd d official seal. Place Notary Seal Above Signatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.natlonainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600-076-6627 'vwCEL PAVING QOMPANY A GENERAL ENGfi8ftNG CONTRACTOR STATE LICENSE NO. 688659A P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation'), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorised to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Flan Vice President & Assistant Secretary Michele E. Drakulich Assistant Secretary M WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November S, 2001 AROLYN . B , ecretary )EXCEL PAVING OMPAIITY A GENERAL � G CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone: 562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 26M Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celina Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: Company Vulcan Materials R.E.H. Trucking Blue Diamond Materials Savala Equipment Phone Fax 323-258-2777 323-254-6102 909-591-0871 909-591-0508 714-578-9507 714-449-2831 800-223-2473 949-552-8597 SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown President Date • P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-584 1 FAX (562) 591-7485 Contac Silvia Arredondo Gina Mendiola Jerry Easterwood Mona Covington • City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 • Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 (818) 840-8840 • Los Angeles County .Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23'd Floor Los Angeles CA 90017 Insurance Carrier: P.O. Box 30127 Los Angeles CA 90030-0127 The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Once: (949) 553-9800 Fax: (949) 553-0670 Excel Paving Company EST.FINAL % 6/24105 JOB OPEN & CLOSED JOBS 2005 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,701,021 100.0% 3716 710 FWY PCH TO 405 20,360,010 100.0% 339 3723 INDIANA & WASHINGTON, VERNON 290,077 100.0% 3833 GRAND CANAL CRT LOS ANGELES 690,369 100.0% 3834 GATES 3 & 4 L.B. AIRPORT 434,826 100.0% 3835 SECURITY GATES L.B. AIRPORT 350,251 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 724,540 99.7% 2,168 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 251,290 92.9% 17,910 3875 ORANGE AVE., LONG BEACH 1,095,002 100.0% 3876 PARTHENIA, LA 1,145,655 100.0% 3906 ROUND MEADOW RD HIDDEN HILLS 487,892 100.0% 3915 OVERLAND ES LOS ANGELES 415,238 100.0% 3922 BELLAGIO & NEWCOMER CENTER 1,381,979 100.0% 3931 PCH & ADMIRALTY, SUNSET BEACH 161,473 100.0% 3947 TUSTIN AVE., ANAHEIM 4,145,076 99.4% 23,830 3950 PV. DR/SCHOONER, RANCHO PALOS VERDES 27,036 100.0% 3952 DOWNEY HOSP., DOWNEY 22,784 36.3% 14,506 3953 PLAYA DEL REY ES, LAUSD 477,834 100.0% 3959 SANTA MONICA BLVD, LOS ANGELES 37,980,000 53.4% 17,687,625 3961 YACHT HARBOR, 191,758 78.7% 40,805 3978 WARDLOW/CLAR/BELLF, LONG BEACH 743,690 100.0% 3979 WARDLOW/PV/STUDEBAKE LONG BEACH 852,557 99.9% 430 3989 PCH/ADMIRLTY SUNSET BCH 41,000 100.0% 3990 OCEAN BLVD LONG BEACH 1,217,246 100.0% 3995 ALICIA PKWY/PASEO DE ALICIA 239,506 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 100.0% 4005 CATALINA LANDIND LB 1,402,514 99.5% 7,036 4016 STEVENSON/JOHNSON 409,319 100.0% 4024 UCLA KINROSS 2,322,638 100.0% 4030 CAMINO LAS RAMBLAS 209,228 100.0% 4035 MAINT ST & MACARTHUR 464,167 100.0% 4042 TUDOR WESTWOOD PLAZA 752,500 `' 0.7% 747,506 4045 5 FRWY, OR. CO 180,290 99.2% 1,394 4050 CRENSHAW BLVD LACPW 1,361,571 100.0% 681 4057 PALO VERDE HSG UCI 625,000 82.7% 108,182 4059 MARK TWAIN MS. LA 657,359 100.0% 4060 MT SAC ATH FLDS WALNUT 1,448,825 99.9% 779 4061 PANKOW BLDRS M.B. 652,000 58.8% 268,599 4062 SANTA MONICA/MWD LA 7,474,853 79.0% 1,568,019 4064 WALGROVE E.S. L.A. 767,069 100.0% 4065 LA CITY COLL LA 312,888 100.0% 4067 DEL AMO BLVD LONG BEACH 393,459 93.4% 25,832 4069 MCCLAY MS PACOIMA 304,235 100.0% 6/24/05 Excel Paving Company EST.FINAL % JOB OPEN 8 CLOSED JOBS 2005 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4070 VARIOUS LOC HUNTINGTON BEACH 179,486 100.0% 4075 7100SANTA MONICA L.A. 652.005 99.9% 696 4076 JESSE OWENS PK INGLEWOOD 562.447 99.9% 440 4077 CHAPMAN/ST COLL FULLERTON 135,411 100.0% 4083 HARBOR BLVD FULLERTON 101,140 94.8% 5,250 4084 SAND CANYON IRVINE 670.740 98.4% 10,634 4087 03-04 ST, RESURF GLENDALE 586,256 99.8% 1,382 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100.0% 365 4089 20263 WESTERN, TORRANCE 27,594 93.6% 1,758 4090 CORBY AVE. ARTESIA 133,833 100.0% 4091 DALEN ST. DOWNEY 68,029 77.9% 15,004 4093 SAN FERN VLY LA 1,330,336 89.7% 137,539 4098 BLEND E.S LA 240,000 67.8% 77,399 4099 03 ST IMPRV INGLEWOOD 569,520 100.0%, 0 4102 DENA E.S. LA 177,306 70.8% 51,736 4103 HOWLAND CNL CRT LA 251,548 100.0% 0 4104 MOULTON PKWY CO OF ORANGE 497,407 98.5% 7,666 4105 HYPERION PLANT 131,174 100.0% 4106 PIER S BRTH S102-S110 LONG BEACH 4,075,246 93.9% 248,959 4108 HARBOR/CHAPMAN FULLERTON 144,026 100.0% 4109 VARIOUS STS REDONDO BEACH 761,751 100.0% 4110 PIONEER/CARSON HAWAIIAN GRDNS 64,285 100.0% 4111 1465 E. 3RD ST LOS ANGELES 9,500 100.0% 4112 BELMONT PIER LONG BEACH 518,158 99.9% 470 4113 NO LONG BEACH LONG BEACH 1,635,622 99.8% 3,416 4115 WASHINGTON BLVD CULVER CITY 742,833 99.9% 1,073 4117 VANUYS AIRPORT VAN NUYS 570,000 9.6% 515,350 4120 SOUTHGATE HS LOS ANGELES 673,350 99.2% 5,315 4123 ANAHEIM ST LONG BEACH 3,072,342 54.9% 1,384,832 4124 POLICE STATION GARDENA 26,781 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,082,277 57.0% 895,106 4127 UNION STATION LOS-ANGELES 310,000 23.8% 236,119 4129 MT. SAC WALNUT 729,800 0.7% 724,595 4130 ALAMEDA CORR., L.B 409,621 100.0% 4133 SAN CANYON RD SANTA CLARITA 150,220 100.0% 4134 DURFEE/EXLINE EL MONTE 21,098 100.0% 4135 PIONEER HS WHITTTIER 622,998 100.0% 4137 AVE OF STARS LA 9,300 100.0% 4138 ROGERS/ANDRSON LAWNDALE 1,702,528 99.9% 1,072 4139 WDLAND HILLS WOODLAND HILLS 414,145 99.8% 867 4140 VAR -AREA A LONG BEACH 889,849 98.9% 9,718 4142 ROSECRANS LAWNDALE 231,354 78.2% 50,405 4143 CALLE MIRAMAR REDONDO BCH 537,987 96.7% 23,254 6/24/05 Excel Paving Company EST.FINAL % JOB OPEN 3 CLOSED JOBS 2005 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4144 CASE AVE LA 283,996 0.0% 283,996 4148 RINDGE LANE REDONDO BEACH 2O2,677 100.0% 4149 EAST 6TH ST RANCHO CUCA 148,723 99.4% 881 4151 SANTA ANITA MALL 603,892 99.9% 504 4152 FAURVUEW/WARNER SANTA ANA 717,222 57.6% 303,835 4153 MT SAC WALNUT 71,900 100.0% 4154 STS & ALLEYS W. HOLLYWOOD 65,529 80.5% 12,806 4156 STERRY E.S. LA 223,520 94.9% 11,498 4157 YUPLACENTIA FULLERTON 137.338 98.2% 2,515 4158 ALAMEDA ST. LA 105,754 100.0% 4160 WARNER ES LA 800,000 71.8% 225,443 4161 ST OVERLAY SIMI VLY 690,000 98.5% 10,491 4164 KENNEDY HS ANAHEIM 863,420 2.6% 840.593 4165 EL TORO RD LK FOREST 7,509,760 18.9% 6,088.033 4166 BURBANK ARPRT BURBANK 61,633 100.0% 4168 MARINA DEL REY LA 440,000 57.7% 186,217 4169 CEN PK WEST LA 24,000 0.0% 24,000 4170 ALLEY RIVERSIDE 34,559 100.0% 4171 W. VALLEY BL SAN GABRIEL 243,341 99.9% 344 4172 VARIOUS UCLA 293,698. 96.8% 9,458 4173 BOWERMAN LANDFILL ORANGE CO 351,661 99.9% 189 4174 SHERMAN OAKS CNTR RESEDA 1,000,390 55.3% 447,642 4175 GLEDHILL ES NO HILLS 506,028 74.9% 126,773 4176 SILVER LAKE LOS ANGELES 1,286,630 37.8% 800,065 4177 COLD CANYON LOS ANGELES 481,211 98.5% 7,399 4178 VARIOUS STS PASADENA 979,452 95.8% 41,119 4179 PE BIKE TRAIL UPLAND 2,251,980 12.9% 1,961,382 4180 FIGUEROA ST CARSON 32,317 99.3% 230 4181 STATE ST ES LAUSD 331,967 69.6% 100,995 4182 UCLA CAMPUS LOS ANGELES 113,464 0.0% 113,418 4183 CAHUENGA LOS ANGELES 15,973 0.0% 15,973 4184 MAGNOLIA BLVD. BURBANK 275,200 65.4% 95,293 4185 WHITTIER/PRESBY WHITTIER 32,032 30.6% 22,215 4186 GETTY TRUST LOS ANGELES 10,000 3.4% 9,658 4187 PELTASON DR. IRVINA 59,860 100.0% 4188 SATICOY ST WEST HILLS 203,826 62.0% 77,410 4189 AVE OF STARS CENT CITY 55,896 76.6% 13,053 Open Jobs 2005 D 5-24.05 6/24/05 Excel Paving Company EST.FINAL % JOB OPEN & CLOSED JOBS 2005 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4190 LINCOLN/FIJI MARINA DEL REY 34,403 100.0% 4191 HARVARD AVE. IRVINE 338,553 0.4% 337,105 4192 COMPTON/61 ST LOS ANGELES 17,722 100.0% 4194 OTIS AVE BELL 63,517 100.0% 4195 NEW JOB SAN CLEMENTE 10,966 100.0% 4196 MWD/SEARL HEMET 8,986,566 16.8% 7,476,342 4197 LYNOOD USD LYNWOOD 1,465,748 31.3% 1,006,640 4198 AGOURA BIKE AGOURA HILLS 987,663 0.9% 978,475 4199 BROADWAY LONG BEACH 6,744 100.0% 4200 COLTON SAN BERN 9,577 98.8% 111 4201 ROLLING GRN ORANGE 7,854 100.0% 4202 SUNSET & WESTERN LOS ANGELES 160,476 71.7% 45,474 4203 DOM STRM DRN REDONDO BCH 58,360 99.4% 366 4204 PUENTE HILLS LANDFILL PUENTE HILLS 52,992 53.8% 24,465 4205 DREW MID SCH LOS ANGELES 1,017,395 0.9% 1,008,006 4206 107TH ST ES LOS ANGELES 300,751 0.3% 299,770 4207 93RD ST ES LOS ANGELES 316,141 0.3% 315,304 4208 223RD ST LONG BEACH 2,200 100.0% 4209 PCH/CATALINA LONG BEACH 410,829 1.7% 403,948 4210 GLENDALE BLVD LOS ANGELES 25,900 0.0% 25,900 4211 VARIOUS LOC LONG BEACH 274,279 0.5% 272,898 4212 GLENDORA/HILL LA PUENTE 11,833 0.0% 11,833 4213 ALDAMA ST SCH 17,911 75.2% 4,440 4214 PCH/ZUMIREZ MALIBU 431,880 2.8% 419,928 4215 THE TOLEDO LONG BEACH 7,450 0.0% 7,450 4216 REEVES/NAVY PORT OF LB 310,000 0.6% 308,214 4217 KANAN RD/101 FRWY i1,150. 0.0% 11,150 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 0.0% 52,900 4219 LA PATA RD ORANGE CO 82,562 0.5% 82,117 4220 SO CENTRAL HS LOS ANGELES 54,132 0.0% 54,132 Open Jobs 2005 0 5-24-05 6/24/05 Excel Paving Company FINAL JOB Closed Jobs 2004 INCOME 3369 ONE OCEAN TRAILS DR. 187,017 3589 MEDICI, LOS ANGELES 1,300,961 3637 12015 HARBOR BLVD., GARDEN GROVE 292,022 3714 PIER T, PORT OF LB 14,292,378 3721 IMPERIAL HWY., LOS ANGELES 1,037,837 3737 4341 E. WASHINGTON COMMERCE 4,354,077 3742 HENRY FORD, LA 2,700,058 3747 WEST 8 EAST ALAMEDA 7,215,816 3787 VARIOUS LOC SANTA MONICA 3,570,324 3789 PARAMOUNT AVE LONG BEACH 549,948 3790 WILLOW ST LONG BEACH 471,575 3807 OVERLAND AVE LOS ANGELES 2,100,951 3836 BELLFLOWER BLVD. LONG BEACH 587,385 3837 PARKCREST LONG BEACH 576,439 3838 COLLEGE PARK DR. LONG BEACH 129,619 3839 VARIOUS STIR LONG BEACH 1,414,032 3841 MANUAL INTERMODAL TERMINAL PORT OF LA 1,842,051 3844 SHADY CYN PHASE 1 B IRVINE 134,618 3853 MISSION BLVD., POMONA 1,933,686 3855 21 ST ST., HERMOSA BEACH 93,674 3860 54TH ES, LOS ANGELES 373,083 3862 VARIOUS ST OVERLAY, RANCHO PALOS VERDE 1,335,586 3866 HARDING AVE, LA 1,272,458 3867 SAN FERNANDO MISSION BLVD., LA 241,389 3880 BERTH 212- 225 POLA 5,224,942 3881 BROADWAY LA 2,353,009 3882 RTE 110 LOS ANGELES 13,878 3888 2001-2002 ANNUAL MAINT, BEVERLY HILLS 1,071,191 3891 DODSON MS LA 421,387 3893 CHERRY AVE OFF RAMP LONG BEACH 47,332 3894 ROWAN AVE LA 529,889 3895 PIER S PORT OF LONG BEACH 11,152,620 3898 1200 GETTY CTR LOS ANGELES 83,066 3900 CENTURY PK WEST LOS ANGELES 769,641 3904 ST. JOHNS HLTH CTR SANTA MONICA 307,699 3907 ADDAMS ES LONG BEACH 299,430 3908 13652 CANTARA ST LOS ANGELES 351,000 3909 AMGEN CTR THOUSAND OAKS 916,725 3910 AMGEN CTR THOUSAND OAKS 181,997 3912 GRAND.AVE EL SEGUNDO 285,1341 3914 ALLEYS - 13TH SEAL BEACH 1,176,425 3916 JOHN MUIR MS LOS ANGELES 346,489 6/24/05 Excel Paving Company FINAL JOB Closed Jobs 2004 INCOME 3919 AVENIDA MAZATLAN SANTA MONICA 10,371 3923 OLYMPIC BLVD., BEVERLY HILLS 1,093,191 3925 DIAMOND/CRESTVIEW, LAGUNA BCH 266,863 3926 KENNETH VILLAGE/GRANDVIEW GLENDALE 934,377 3927 BUS CENTER, INGLEWOOD 1,249,275 3929 OLYMPIC BLVD., LOS ANGELES 501,569 3933 CORONA AVE ES, LOS ANGELES 418,314 3934 ROSCOMARE RD. E.S., BELL 523,685 3937 1730 CORONADO, LONG BEACH 3,800 3939 GLENNEYRE ST., LAGUNA BCH 408,063 3940 HARDING E.S., SYLMAR 634,037 3941 SOUTH STREET, LONG BEACH 330,350 3943 SOMERSET BLVD., BELLFLOWER 322,468 3945. CAMINO CAPISTRANO, SAN JUAN CAPISTRANC 299,287 3948 PALISADES CHARTER HS, LOS ANGELES 209,209 3949 2300 E. PCH, WILMINGTON 110,062 3951 2401 E. WARDLOW, LONG BEACH 399,700 3954 505 N. FIGUEROA ST., LOS ANGELES 106,331 3962 S. MACLAY AVE, SAN FERNANDO 412,397 3963 EL DORADO PK, LONG BEACH 156,007 3964 LONG BEACH BLVD., LONG BEACH 343,141 3966 13652 CANTARA PANORAMA CITY 37,776 3967 5722 DAIRY AVE LONG BEACH 5,500 3969 BERTH 2O6-209 SITE, PORT OF LA 3,466,947 3971 VARIOUS & WASH BLVD., CULVER CITY 1,178,796 3973 LOS ROBLES MED CNTR, THOUS OAKS 355,736 - 3976 EXCESLIOR DR. REHAB, NORWALK 360,283 3977 ROSECRANS, NORWALK 213,811 3982 ROSECRANS & 710 FRWY COMPTON 33,850 3983 18349 FIGUEROA LOS ANGELES 10,758 3984 CADILLACNENICE LOS ANGELES 587,759 3985 TOWN CENTER HALL 143,281 3986 ,2627 HOLLYWOOD WAY BURBANK 291,290 3987 RAMSDELL AVE. LA CRECENTA 130,700 3988 VARIOUS ST REHAB SEAL BEACH 161,607 3991 ROSECRANS AVE NORWALK 91,835 3992 NEWPORT BLVDNICTORIA 276,610 3993 10801 6TH RANCHO CUCUMONGA 301,499 3996 SEE JOB#3984 5,995 3998 COLLEGE PK WEST SEAL BEACH 6,600 3999 LILO PKG LOT ANAHEIM 181,180 4000 HOLLYWOOD WAY OFF RAMP 43,997 6/24/05 Excel Paving Company FINAL JOB Closed Jobs 2004 INCOME 4001 4002 4003 4006 4007 4009 4010 4011 4012 4013 4014 4015 4017 4018 4021 4023 4025 4026 4027 4028 4029 4031 4032 4033 4038 4039 4040 4041 4043 4044 4047 4048 4049 4051 4052 4053 4055 4055 4063 4066 4068 4071 BRISTOL/HEMLOCK 170TH ST, ARTESIA 710 FRWY/ANAHEIM LB AIRPORT PW 107013 L.B. LB AIRPORT PW107104 HAVEN ST, RNCHO CUCAMONGA MAPLE AVE MONTEBELLO BURB/GLEN/PASA AIRPORT CAMELLA ES N. HOLLYWOOD FILBERT AVE SYLMAR CANTEBURY AVE ES MCCOY CLEAR VW DR POLA BERTH 210-211 MT SAC INGLEWOOD AVE GARDENDALE DOWNEY SANTA MONICA ES GAGE & COMPTON BEVERLY HILLS 3RD/CIVIC CALIF/BURNETT SIGNAL HILL MANCHESTER BLVD. BUENA PARK BARTONBURCH/PRISK DORLAND/NORWALK LB AIRPORT VARIOUS RE GRP 190TH GARDENA NO VLY OCC CENTER HATH DIN ANTON BLVD HARVARD AVE. IRVINE LAS BRISAS BELU33RD ST DAPPLEGRAY/STRAWBRY 4100 RPV SO TOWN CENTER DR BLDG M-4 BAKE PKWY 340 LOMA L.B. AIRPORT L.B. AIRPORT 190. MARINA DR. M-4 SO PKG LOT WILMINGTON REFI SHERBOURE MAN. BCH R.H.E. RPV COSTA MESA NORTHROP GRUMAN IRVINE L.B. L.B. L.B. LB TRANSIT NORTHROP WILMINGTON CEDARS-SINAI 24,140 82,489 342,255 178,897 32,010 353,002 118,886 257,707 153,074 28,192 471,227 6,500 1,092,439 1,356,922 180,462 146,398 8,880 414,171 27,170 99,284 107,900 437,910 83,009 74,730 19,199 449,762 106,854 1,118,713 70,541 53,660 392,350 400,131 36,009 286,164 26,900 4,200 15,317 15,317 94,900 443,972 79,954 122,075 --------------------•_------------------------_•_-------- - - - - - --- Excel Paving Company FINAL JOB Closed Jobs 2004 INCOME 4072 VAR ST. LOC MONTEBELLO 133,118 4073 ROOSEVELT ES LYNWOOD 12,448 4074 FLORENCE PL, BELL GARDENS 108,950 4078 CALIF/BURNETT SIGNAL HILL 1,000 4079 OHIO/HILL/STAN SIGNAL HILL 2,600 4080 SKYLINE FULLERTON 29,218 4081 BURBANK AIRPORT BURBANK 202,575 4082 ADAMS LA 1,227 4085 ALAMEDA/HOLLYWOOD BURBANK 2,262 4086 NAVAJO PL PV EST 12,780 4092 IMPERIAL HWY DOWNEY 5,286 4094 MOVE EQUIP LONG BEACH 99,524 4095 CEDAR BROOK ALISO VIEJO 1,494 4096 SUNSET BLVD BEV. HILLS 35,268 4097 SUNFLOWER COSTA MESA 19,052 4100 SEPULVEDA BLVD EL SEGUNDO 0 4101 MILTON AVE WHITTIER 187,232 4107 LANDFILL PUENTE HILLS 13,809 4114 VARIOUS STS GARDEN GROVE 1,053,088 4116 FAIRFAX HS 2,428 4119 WORLD WAY WEST AMER. AIR 5,800 4121 BUENA VISTA BURBANK 2,900 4122 RAILROAD ST INDUSTRY 4,600 4125 BRAYTON ST SIGNAL HILL 6,800 4128 MAGNOLIA BURBANK 16,785 4131 DISNEYLAND ANAHEIM 32,404 4132 EAGLETON ST AGOURA HILLS 14,600 4136 VARIOUS LOC GARDENA 176,232 4141 ARBOR ST. LONG BEACH 1,000 4145 CESAR CHVZ LA 5,819 4146 BURBANK BLVD WDLND HILLS 4,700 4147 OAK GROVE PASADENA 19,650 4150 W ILLOW/TEMPLE LONG BEACH 1,900 4155 GETTY CNTR DR LA 39,550 4159 ' RIVERA RD WHITTIER 7,400 4162 NEW DOCK ST LONG BEACH 8,400 4163 FAIR OAKS PASADENA 4,500 4167 LB AIRPORT LONG BEACH 6,600 4193 E LONG BEACH LOS ANGELES 22,240 EXCEL PAVING CO. 0 CLOSED JOBS 2003 Updated February 2004 6/24/05 Year of 2003 JOB NO. PROJECT NAME 3498 9425 PENFIELD AVE, CHATSWORTH 3807 BRISTOL ST., SANTA ANA 3562 777 PAULING DR., THOUSAND OAKS 3666 555 W. TEMPLE ST., LOS ANGELES 3669 ' 23388 MULHOLLAND, WEST HOLLYWOOD 3672 SHADY CYN/SAND CYN, IRVINE 3893 11847 W. GORHAM AVE. 3720 2699 PALOMA ST., 3732 GARVEY & CORP CTR, 3745 WARNER AVE., 3752 PIER 400 ICTF, 3764 BERTH 230-232 3768 ERRINGERAVE 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, 3868 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 FINAL INCOME AMOUNT 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 DOWN EY 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 524.427 8.891, 538 246,729 833,768 2,166,833 11.156,894 181,777 109.929 2,292,779 2,645,776 6,718,112- 2,259,075 520,781 468,074 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 4,900 232,266 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 6/24/05 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 3809 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 3936 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 3965 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 3065 2670 HOLLYWOOD WAY, BURBANK 59,560 3966 13652 CANTARA, PANORAMA CITY 0 3968 OCEAN PK, SANTA MONICA 198,805 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 1,990 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 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EAPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PIER T MARINE TERMINAL PROJECT DESCRIPTION: DEMO, ASPHALT CONCRETE, CRUSHED MISC. BASE, ELECTRICAL, BATHROOMS, SIGN STRUCTURES, UNDERGROUND, CONCRETE FOR THE PIER T MARINE TERMINAL, LOW BEACH LOCATION: PIER T DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $33, 481, 910.00 PROJECT DURATION -PER CONTRACT 6/98 &vQT4n THRU 12/99 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:" BRUCE. ;FLATT TELEPHONE: 5621599-5841 OWNER INFORMATION NAME: `-PORT OF LONG BEACH CONTACT; . GARY CARDAMONS TELEPHONE:` 562 /590-417 2 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGRET TO AND TYPICALLY AGENCY GENERE COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PAL.P INC. DBA EXCEL. PAVING .COMPANY A. COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 CC PLETED W ITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: OCEAN BLVD. EAST AND WEST RECONSTRUCTION PROJECT DESCRIPTION: SEWER/WATER/STORM DRAIN, GRADE CHANGE, CMB, A/C, STRIPING, SIGNALIZATION . 'LOCATION: OCEAN BLVD. EAST AND WEST DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $11, 290, 045.00 PROJECT DURATION —PER CONTRACT 6/99 AIDPJ& THRU 12/99 IF YOUR WORK WAS PERFORME'fb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT; GARY .CARDAMONE TELEPHONE-56-2 590-4127 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE; ALL CHANGES ARE MUTUALLY AGRI TO AND TYPICALLY AGENCY GENEI COPY ADDITIONAL PAGES AS NEEDED. 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING. COMPANY A. COMPANY EXPERIENCE4REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 COMPLETE WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: THE PORT OF LONG BEACH PROJECT DESCRIPTION: PIER J SITE IMPROVEMENTS RAILROAD, WHARFS, FENCE, ELECTRICAL, STRUCTURES, LANDSCAPE, ASPHALT CONCRETE, CRUSHED MISC. BASE LOCATION: PER J HARBOR SCENIC DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: I9 , 138F146.00 PROJECT DURATION- PER CONTRACT 4/98 RZXXM THRU 3/00 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: THE PORT OF LONG BEACH CONTACT: GARY CARDAMONE TELEPHONE: 562/590741,2T DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREE INITIAL TO AND TYPICALLY AGENCY GENERA SETTLEMENT PERCENT COMPLETE: COPY ADDITIONAL PAGES AS NEEDED. 14 • •CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY ,,A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: TUSTIN AVE., STREET IMPROVEMENT PROJECT DESCRIPTION: A/C PAVE, CMB, RAMP WIDENING, CURB & GUTTER, STRIPING, K-RAIL, DEMO, RETAINING WALLS, BRIDGE ABUTMENTS, 1.ANDscAPE IRRIGATION, SIGNALIZATION LOCATION: TUSTIN AVE. AT SR-91 FWY., ANAHEIM CONSTRUCTION VALUE: $3, 842 9 051 _95 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O ANAHEIM GENERAL CONTRACTOR INFORMATION NAME: PALP..INC". DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF ANAHEIM N/A CONTACT: RALPH HARP TELEPHONE; 714/762-5162 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREE INITIAL TO AND TYPICALLY AGENCY GENERA SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME P LP INC. nBA -xr .i. PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CON TRUCTIQN. PROJECT NAME: BERTH 212-225 BACKLAND IMPROVEMENTS PROJECT DESCRIPTION: CONSTRUCT 15 FOUNDATIONS FOR 100' HIGH MAST LIGHT PO�FIMtPI, RELOCATE ELECTRICAL CONDUIT AND WATERLINE FOR HMPS AND RELOCATE 15 HMPS, CONSTRUCT 16,000 LF OF CRANE CONC. RUNWAY. CONSTRUCT 3 SUBSTATIONS, ASPHALT PAVING. LOCATION: SAN PEDRo CONSTRUCTION VALUE: $4,297,540.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALp INC.DBA E$r:T. PAV NG MMPANY CONTACT: BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: PORT OF LOS ANGELES CONTACT: JACK CHANG TELEPHONE: 310/73 -3225 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: N/A ALL CHANGES ARE MUTUALLY AGRE TO AND TYPICALLY AGENCY GENER COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: PIER S NORTH FILL PROJECT DESCRIPTION: INSTALLATION OF SEWER, WATER, STORM DRAIN, ELECTRICAL COMMUNICATION, LIGHTING, CONDUIT & VAULTS, MSE WALL CONSTRUCTOR, GRADING, CMB PT ArPMENT & ASPHALT PAVING LOCATION: BERTHS S102-S110 CONSTRUCTION VALUE: $10,425,708.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: GARY BAKER/BUTCH MCBLAINE TELEPHONE: 562/432-1778 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: %. ALL CHANGES ARE MUTUALLY AGREI TO AND TYPICALLY AGENCY GENEPU COPY ADDITIONAL PAGES AS NEEDED 13 • CONTRACTOR'S NAME P&P INC. DNA EXCEL PAVING A. COMPANY EX ERIENCEgREFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000.000 COMPLETED W ITHIN TH LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: 1997-98 & 1998-99 ANNUAL INFRASTRUCTURE PROJECT PROJECT DESCRIPTION: STREET IMPROVEMENTS ASPHALT CONCRET MT n MILL, ELECTRICAL, STRIPING, SLURRY SEAL, CONCRETE LOCATION: VARIOUS LOCATIONS, SANTA CLARITA DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $49n92, 47 nn PROJECT DURATION - PER CONTRACT 7/98 ACKYJAL THRU 12/98 IF YOUR WORK WAS PERFORME'IS AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: SANTA CLARITA GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: CITY OF SANTA CLARITTA N/A CONTACT:. KERRY- BYER TELEPHONE: 805/255-4984 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREI INITIAL TO AND TYPICALLY AGENCY GENE% SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED. 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PARR AND AIDE. LOT PROJECT DESCRIPTION: SITE WORK, BATHROOMS, ASPHALT CONCRETE, CRUSHED MISC. BASE, R PTN(` SI NS BARRIERS, STRUCTURES, BRIDGE WIDENING LOCATION: 91 FWY & 405 FWY DATE OF OCCUPANCY BY OWNER: - CONSTRUCTION VALUE: $ 11, 358,103.00 PROJECT DURATION - PER CONTRACT 4/95 AUX= THRU 8/98 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: CALTRANS GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BBx10E '-FLATT TELEPHONE: 562 (5 99-5841 OWNER INFORMATION NAME: CALTRANS DIST. 7 CONTACT: MURRY MUM TELEPHONE: 213/897-3656 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE:' ALL CHANGES ARE MUTUALLY AGREE TO AND 'TYPICALLY AGENCY GENERA COPY ADDITIONAL PAGES AS NEEDED 14 -CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY .A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: RECONSTRUCTION OF THE BROADWAY SIDEWALK PROJECT DESCRIPTION: SIDEWALK AND BASEMENT STRUCTURAL REPAIR LOCATION: BETWEEN 2ND ST. AND 5TH ST., LOS ANGELES CONSTRUCTION VALUE: $2, 514, 839.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE:562 /599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: SHA.4Hq g] KTA TELEPHONE: 213/847-8982 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: N/A ALL CHANGES ARE MUTUALLY AGREE] TO AND TYPICALLY AGENCY GENERA' COPY ADDITIONAL PAGES AS NEEDED 13 • CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY -A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: MANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $34,455,152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: _BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 213/S�6613 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGREI TO AND TYPICALLY AGENCY GENER, COPY ADDITIONAL PAGES AS NEEDED 13 • C ]l CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2006 RE: MSC 430 Shawnan 12240 Woodruff Ave. Downey, CA 90241-5608 Enclosed please find your original bid bond for MSC 430. Sincerely Joan L Flynn City Clerk JLF/pe attachment 1 Telephone: 714536-5227 ) • RECEIVED 1005 DEC -8 PM 1: 50 CITY CLr'r", i CITY OF HUNTINGTON BEACH From: SHA.WNAN 12240 Woodruff Avenue Downey, CA 90241 — .S(o o r TO: c'A-i o-f Haj%v%3+oYl geaclj 2000 Ma%v% 5�ree� .AuviAh"ojon Beadel I CA . 012C-yg C {��{ Clerk I secov4 F ioor 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 Bid Bond Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 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 Witness Witness ORSC 21328 (5/97) 30th day of Sialic November , 2005 (Seal) Name/Title Federal Insurance Company Surety (Seat) By: &3 - Douglas A. Opp Attorney -in -Fact CAT.IFORNIA ALL - PUODSE ACI£NOWLEDGMENT• State of California County of Orange on NOV 3 0 2005 before me, A.P. Coats, Notary Public NAME. TITLE OF OFFICER persorMy appeared Douglas A. Ray P NAME OF SM".WS7 ® 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 A.P. MATSperson(s), or the entity upon behalf of which the person(s) to COM-1496145 0 acted, executed the instrument. myu "fiv.!t � WITNESS -my hod and offigal xA. OF 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LMrrED ❑ GENERAL ❑ ATTORNEY -IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN n Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Chubb POW Federal Insurance CompalTy! Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 KnowAlbyTtwwPreswftlbMFEDEM94StMANMCOMPMY, an kxsm corpo WIM VIGILANT NSURANCE COMPANY. a New Yak cmporaWm and PACIRC INDE&WOW COMPANY, a Wwoormm conporaton, do each hereby came and appoNd Douglas A. Rapp or Linda D. Coats of Laguna Hills, California ---------------------------------- each as their true and Iawfut Atlomey-in-Fad to execute wide► such desWaitim in their retires and to aft their eogxxab seals to and deWw for amid on their behalf as surety thereon or otherwise, bonds and undertakings and other writings dAgatory m the nature thereof (other than bail bonds) given or exeamted in the oowse of business, and any inshur nests amending or akering the same, and consents to the nxxffKadm or alteration of any instrument referred to in said bonds or obfgations. In Witness Whereof, said FEDERAL OMMAICE COMPANY, MGA.ANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each exemMd and aged these presents and atiaed thee' cmporAo seals on this 2 2nd day of January, 2004 STATE OF NEW JERSEY ss. Cowry of Somerset oh lift 2 2 ndday d January, 2004 , before nw a Notary Phbtc of New Jersey. personally came Kenneth a Wendel, to me known to be Assistant Secretary of FEDERAL INS WMACE COMPANY, VIGWNT INSURANCE COMPANY. and PACIM *XX3M Y COMPANY, the oomparieswhich executed the forego ft Power dAttomey and the saki Kenneth O Wendel being by no dhly over, dd depose and say that he IsAssislad Secretary of FEDERAL INSURANCE COMPANY, VIGLANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof. that the seats afbred to the foregoing Power ofAltomey are michcorporatesods andwerethereloalWoedbyauthodlyofit* S Laws of sald Ooff*anles; mW that he s4ned add Power dAnomey asAssislant SecretwyofsaidCompades by We au mW. and that he Is acquairded with Franc E. Roberb^ and Wows Mm to be Woe President of said Companies; and that the sfgrhalure of Frank E. Robertson, wAscrbed to said Power of Anonrey Is In the genuWre thandwftV of Frank E. Robertson, and was thereto subscribed by arihorigr of said By -Laws and In deponeM's presence. Notarial Seal Karen A. rfice N.try Public State of New Jersey No. 22$1617 ` � Notary PdAc of FEDERAL INSURANCE COMPANY, VIGILANT PMRANCE COMPANY, and PACIFIC INDfWIRY COMPAMF 'AK po-vNii1ratlorney for and on behalf of the Company rimy and shall be exearted In the name and on behalf of the Company. ether W the Chairman or the or a Vice President or an Assistant Vice President, jokft with the Secretary or an Assistant Secretary, under their mspec6m designatiensb The sipaUmre of such o6mrs may be engraved, printed or Wwgraphed. The signature of each of the fotowirg offers` chairman. President. any Vice President. any Assistant Vice President. any Seaetaty. any Assisiarht Secretary and the seal of the Compaq tray be affixed by facsirnile to any power of aamney or tD a" cer0wft reWing thereto appointing Assistant Secretaries or Attorneys in -Fact for puposes only of exxem&V and atteswV bonds and u dertaldngs and other writings obligatory m the nabmre there4 and any etch power of attorney or certificate bearing mach fame signature or facsihrile seal shelf be vaNd and binding upon the Company and any such power so executed and oertified by such facsimile signabue and facsimile seal shall be valid and bwK tg upon the Company wilh reseed to any bond or wderwm to which it is attactod.' I. Kenneth C. Wendel. Assistant Secretaryd FEDERALMISURANCE COMPANY. VMANT WWW4CE COMPANY. and PACIFIC MIDE&MITYCOMPANY (the "Companies") do hereby aenMy that 0i the foregoing extract of the 13y-Laws of the Companies is true and aired. (7 the Companies are duly kensed and authorized to transact surety business in al 50 of the lhhited States of America and lire District of CokmWo and are aullmdzed by the U. S. Treasury Depad mesh further. Federal and Vgdant are licensed in Puerto Rico and tin! U. S. Vigih Islands. and Federal Is licensed in Arnedcan Samoa, Guars, and each of the Provinces of Canada except P*m Edward Isla rhuf; and (m the foregoing Power of Attorney is true. correct and in AA force and effect. Given under my hand ad seals of said Companies at Warren, NJ this 30th day of November 2005 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: suraety0Chubb.com Fvvm lsto-0Z25 (Ed. s-re) coNSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County of /�QS %1j 19EG.E5 ss. On NOV 3 ® 2005 before me, • M, Notary Public Date Name and Tide of Officer (e.g-, 'Jane Doe, Notary Public") personally appeared SlraYYi11 A. Slrlil`Lltl , �Name(s) of signer(s) C� personally known to me ❑ proved to me on the basis of satisfactory evidence W410E 140WAKI *11420 NOTARY NIMUC-CAUFORNA CS A N Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITPIES1 my hand and officjCl seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 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: ® 1997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor, of City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Maintenance Service Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all _ officers of the corporation shall be given. B-1 4. Delivery Of Propot • Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. - 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontoors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guara* • The successful bidder may be required to fiirnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 _.,. Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 18. Addenda • • The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Project Manager up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Project Manager after this time will not be addressed. B-5 • SECTION C • PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 430 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 two hundred twenty (220) 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 MSC - 430 Project Bid Schedule 1 357 r[c1vlvvr-rvlorvam yr rr+r%rnvvrrr 1 r[CCJ AT 6; s 117E Avrrd rsd )o //af f PER EA. 26o, REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS 148,528 INCL.) 2 AT -t Wo do cv�+d �r ffy fi ,./g-CeAER SF 2,51 31$ -1 % uO 185,660 PARKWAY EXCAVATION AT five PER SF 5—J 00 3 N c 2 , 243 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY .o,o � 4 AT ,i; j. ho. 6 rj •;::i-P4" dell�rs PER EA. 545 REMOVE/REPLACE WATER METER BOXES o0 0© 5 AT w. PER EA. 11S0- 13Gr ,'t Sd. REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS 37,132 INCL.) a* 9 6 AT N;-ie do/Nc.rf PER LF -- 33y 88. 37,132 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) fn 8• 7 AT f,..,o c�.,(/..,s c,.-,) 4'V-1 cwts PER LF a. • 46,870 REMOVE/DISPOSE OF P.C.C. DRIVEWAY oft 8 AT �-t,,,, a, /l'a rs PER SF 4. 177Ll $a, 15,876 REMOVE/DISPOSE OF EXISTING CROSS GUTTER -fa oe 9 AT ,<j, lours ..-. -C.:,r-* G-,-15 PER SF -5 g% 3 IT. 8,856 REMOVE/DISPOSE OF SPANDRAL Co oa 10 AT F`ys .�s!/c.ts a,.A -C. F44 c...�f3 PER SF ,S r 9g 7 of CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan d68 376. 37,132 202) 0'� so 11 AT t' kle.,., do /l*/S PER LF ' 8, 46,870 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 AT L s. !/urs c.-d S:,t�y Q,e c.-4S PER SF 17 110 7S 148,528 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) f om 13 AT To.. ..1 PER SF L10$' W 1,392 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT) m a 14 AT d•-e A.,.Ned •A..4y dell*/S PER TON I L%0• 19''l. A'X�. 84 ASRtA) ce 15 AT o•..Q o,,sc,,,..d s;,r' PER EA. 60q - j 3`i 4DO 8'8 56 CONSTRUCT SPANDRAL (per Standard Plan 205) on w 16 AT i Gff as l/at PER SF 20F $29 15,876 CONSTRUCT CROSS GUTTER (per Standard Plan 205) on so 17 AT p4 PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION 452 (per Standard Plan 718) 1$ 1AT n.-+s I1*,+c�r�� Ss.�s.,ai•!� ��. �/lc.�s PER Lot. �% �. 100. PLACE NEW PARKWAY TOP SOIL AND RESEED 19 545 AT PER EA. OL C-2s MST- 430 Project Bid Schedu e FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per gZ Z �� y�Do� 452 Standard Plan 714) -I"wo,,yK„&,�d forty cla1av5 00 20 AT PER EA. . � 21 104,393 COLD PLANE AT S; )rPy cer►'� PER SF c 8'0 b a 6 3S, 252,108 FURNISH AND INSTALL PETROMAT I $ y y 22 AT e i 4 tees c e" fS PER SF 2,269 ONE & ONE-HALF INCH OVERLAY �� °--° 23 AT 'f,ye, oloilay PER TON I SS • 3t 16 �!rJ . 39 ADJUST WATER VALVES AT,,,-., , k��r� ��//arl PER EA. LI ro,� 24 �C.f�-�r 25 23 ADJUST MANHOLES AT sac J►ro.u�r'c PER EA. e, �$�• J o1 6 so, PREPARE PRE -CONSTRUCTION CORNER RECORD AND a00 1 �' g 69 FILE WITH APPROPRIATE AGENCIES eo � ,e 26 AT :wo ko, r-e� )s //c.r r PER EA. PREPARE POST -CONSTRUCTION CORNER RECORD AND 74 FILE WITH APPROPRIATE AGENCIES 27 AT /��o it�..�d�� o/ 'r'S PER EA. ADJUST MONUMENT WELL TO GRADE (per Standard Plan 4 219) AT PER EA. .. $po, 3 28 /Zoo• Total Amount Bid in Figures: Total Amount Bid in Words: Cf+4 .63h'� do►Iar.S And �owrieGh c.e+'►t5 C-2s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, fin ""` in the amount of $ ioi. of ampur ayhich 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 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 10ONCOLLUSION AFFIDAVI10 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Shawn A. m , being first duly sworn, deposes and says that he or she is pre ial rA of SHAMAN the parry 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. S Name of Bi of Bidder Shawn A. Smhh Address of Bidder Subscribed and sworn to before me this 3 0 day -of NO V , 20" NOTARY PUBLIC SFE ATTACHIED 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 430 (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: N O v 3 0 2003 SHMAIVINAN Contractor sy Shawn A. smah, PreskWW Title C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of / �S /✓fTEG`S J On N O V 3 ® 2005 , before me, jmft HOWard, Notary Public Date Smhh Name and Title of Officer (e.g., "Jane Doe, Notary Public") Shawn personally appeared A. Name(s) of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence JANICE HOWARD COMK 01420600 D NOTARY lIJIIUGGAUFORMA ir► LOS ANGEW CWM tivn► N7 C w Exp. Mry 27.2W7 Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.., WIT ESS y hand and offici seal. Signature of otary 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 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 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 ) j No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 • • COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: N O V 3 0 2005 SA Contractor By Shawn A 6ffAth, P Title C-7 • 9 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 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: V p o r S c l �- •� SH&WNAN Contractor Shim A. Smfth, PreWdw Title .NUMM11"WILIUM 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 i BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: " HA1A Bidder Name 12240 W=Aruff we. Business Address CA. 9O2K 1 City, State Zip Telephone Number State Contractor's License No. and Class .3 T. Original Date Issued NoV�vrther 3Q, 2007 Expiration Date The work site was inspected by Shawn A. SMIh of our office on N 0 V 2 9 2d) 5 The following are persons, firms, and corporations having a principal interest in this proposal: Shawn A. Smith, Presidft ,,",,7. -JOEN A. C-9 The undersigned is prepared J04tisfy the Council of the City of Huntiton 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. SHAWNAW Company N of Bidder Shawn A- ®titt<tt, PreskWft Printed or Typed Signature Anna Subscribed and sworn to before me this 3 0day of Nov ba- NOTARY PUBLIC SEE A- TA 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. SEE ATITAC.4iiiD 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. SEE A-fTAC HED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1,05 AVC-EGES ss. On N Qy 3 U ZOOJ before me, jw" Howard, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ►. SMfth , Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence JANICa HOWAIRD COPIK M142"M NOTARY LOS ANGELES COUNTY Nr Gamed 6p. My 27, 2W N Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. d ando1 ' I 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General El El EJ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. of thumb here © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • -Shaw'nan ST. LIC. 4 679Q62 12240 Woodruff Ave Downey, Ca. 90241 OFFICE 562) 803-9977 1. OWNER - ADDRESS: PHONE #: CONTACT: PROJECT: CONTRACT AMOUNT: 2. OWNER: ADDRESS: PHONE 4: CONTACT: PROJECT: CONTRACT AMOUNT: 3. OWNER: ADDRESS: PHONE ': CONTACT: PROJECT: CONTRACT AMOUNT: 4. OWNER: ADDRESS: PHONE Ir: CONTACT: PROJECT: CONTRACT AMOUNT: STATENfENT OF EXPERIENCE 562) 803-9955 F_AX CITY OF COMPTON 205 SOUTH WILLOWBROOK AVE. COMPTON, CA 90220 310) 605-5505 WILLIA.M LEWIS WILLOWBROOK PAVE(✓NT; SEWER & STOR DRAIN REHABILITATION S2,741,000.00 CITY OF A HANRRA I I I S. FIRST ST. Ai HANRRA, CA 91801 909) 595-8599 EX 125 ELIE FARAH Valley Blvd CONTRACT NO. C2Ad3-31 S4,900,000.00 C/O ANAHEIM 200 S. ANAHEIM BLVD,. ANAHEIM, CA. 714) 765-5176 CHUCK SMITH LINCOLN AVENUE PH -;.SE II S2,286,000 .00 CIO MANHATTAN BEACH 1400 HIGHLAND AVE iA.NHATTAN BCH, CA ,90266 310)802-5358 ED KOA 1999-201 STREET IMP. PROJECT S905,000.00 i 5. OWNER: CIO =0 HILLS ADDRESS: 2001 GRAND AVE, CHINO HILLS, CA. 91709 PHONE #: 909)364-2804 CONTACT: MIKE KA-PANPOUR PROJECT: PONfONA R]NCON ROAD CONST. CONTRACT AMOUNT: $27335,000.00 6. OWNER: C/O CHINO ADDRESS: 13220 CENTRAL AVE. CHINO, CA. PHONE #: 909) 464-8367 CONTACT: -NAGFJ11v= EV1ANI PROJECT: STREET REHABILITATION PROJECTS 2001-2002 CONTRACT AMOUNT: S1,850,214.82 7.OWNER CITY OF LA PUENTE ADDRESS: C/O RKA CIVIL ENGINEERS 3 98 S. LEMON CREEL DR -,uE W. J=, CA. 91789 . PHONE 909) 594-9702 CONTACT: DOINIC NJILANO PROJECT: NELSON AVENUE CONTRACT AMOUNT: 5309,700.00 . 8. OWNER CIO ANAHEIM ADDRESS: 200 S. ANAHEIM BLVD. ANAHEDA, CA. PHONE 714) 765-5285 CONTACT: RALPH HARP PROJECT: BALL ROAD/EUCLID IlVTERSECTION CONTRACT AMOUNT: 53,926,427.00 1 2006 JAN 31 Ali 9: to I w er CIT Y O H U Ni TI NGT0N 0 E N Council/Agency Meeting Held: Deferred/Continued to: p roved ❑ onditionally Approved Denied ,� y Crk's 5nature Council Meeting Date: 2/6/2006 Department ID Number: PW 06-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C UNCIL MEMBERS SUBMITTED BY: PENE ECU BRETH-GRA , CI ADMINIST TOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF B IC WORKS SUBJECT: Award MSC-430, Reconstruction of Various Residential Streets Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids have been received for the Reconstruction of Various Residential Streets, MSC-430. Nobest, Inc. submitted the lowest responsible bid. Staff is requesting authorization to award the construction contract to Nobest, Inc., and proceed with the project. Funding Source: Funds in the total amount of $4,250,000 have been designated for this purpose utilizing Measure M funds, Account No. 21390004.82300 ($1,000,000) and Capital Improvement Reserve funds, Account No. 10040314.82300 ($3,250,000). Recommended Action: Motion to: 1. Approve the project specifications; 2. Accept the lowest responsive, responsible bid submitted by Nobest, Inc. in the amount of $3,600,058.45 for MSC-430; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Do not authorize award of this contract and direct staff on how to proceed. REQUEST FOR ACTION 0 MEETING DATE: 2/6/2006 DEPARTMENT ID NUMBER:PW 06-003 Analysis: The project will consist of the construction of street improvements on 25 residential streets from the Tree Petition List as shown on Attachment #1, List of Streets. Construction will include removal and replacement of the parkway trees, reconstruction of the sidewalk, curb, and gutter, and a new asphalt -wearing surface. The scope of work includes streets in order of receipt of the petition beginning with Brush Drive (#1). Two streets, Myrtle Drive (#3) and Normandy Lane (#21), required engineering design prior to soliciting bids and have been held back from the sequence until the design phase is completed. The engineer's estimate for this project was $3,730,000. Bids were opened publicly on December 8, 2005, and are listed in ascending order: 1. Bidding:. Nobest, Inc. Amount $ 3,600,058.45 2.All American Asphalt $ 4,171,825.00 3.Palp, Inc. $ 4,201,687.66 4.1Shawnan $ 4,797,858.14 5. EBS, Inc. $ 4,997,253.92 The award process was delayed temporarily while staff consulted with some residents and the City Attorney regarding work proposed on one of the streets in the contemplated contract (Brush Drive). Some of the residents on this street are objecting to the extent of the improvements staff determined necessary to complete the permanent repairs. In particular, they have objected to removing 29 mature street trees from the parkways along the street fronting the 50 homes in the project area. Staff prepared a January 30, 2006 memorandum to the Mayor and Council, summarizing the situation, outlining possible options to resolve the situation and presenting a recommendation that addresses the residents' concerns. If, upon Council's determination to accept the recommendation in the Staffs separate January 30, 2006 memorandum, a motion should be made to approve the Recommended Action above, as stated, with the additional direction to remove Brush Drive from the project list and direct staff to negotiate a change order with the contractor using project funds redirected to effect satisfactory repairs to the public property in the Brush Drive project area. The work shall be limited to (1) mitigating immediate sidewalk and parkway safety issues, (2) spot repairs to curbs and gutters where necessary for safety concerns and (3) protecting existing trees in place while accomplishing these repairs without leaving any tree in an unsafe condition. Staff recommends that the contract be awarded to Nobest, Inc., the lowest responsible bidder, for the scope of work detailed above. The City has had positive experience with this contractor's past performance on several projects of this type. G:\R C A\2006\06-003 Feb 6 Churchill (Award MSC-430).doc-2- 1/31/2006 7:38 AM REQUEST FOR ACTION 0 MEETING DATE: 2/6/2006 DEPARTMENT ID NUMBER:PW 06-003 Public Works Commission Action: The Public Works Commission reviewed and unanimously approved this project on October 19, 2005. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): 1. I List of Streets 2. 1 Location Map 3. Sample Citv Funded Construction Contract G:\R C A\2006\06-003 Feb 6 Churchill (Award MSC-430).doc-3- 1/31/2006 7:38 AM • C7 REDO CITY OF HUNTINGTON INTERDEPARTMENTAL COMMUNICyaAk,'�IQI\[,., V i 3y :. '% CITY GF HUl1T11`1GT04 BEACH TO: Joan Flynn, City Clerk �� FROM: Robert F. Beardsley, P.E., Directof of Public Works DATE: February 6, 2006 SUBJECT: Late Communication City Council Agenda February 6, 2006 — Agenda Item E-I I The staff recommendation for Agenda Item E-I I is amended as follows: Motion to: 1) Approve the project specifications; 2) Accept the lowest responsive, responsible bid submitted by Nobest, Inc. in the amount of $3,600,058.45 for MSC-430; 3) Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; and 4) Direct staff to negotiate a contract change order with Nobest, Inc., to substitute the Brush Drive project area with the next most feasible, highest priority street on the petition list after reserving sufficient project funds for Brush Drive, between Waite Lane and Newland Street to (a) effect satisfactory repairs to the sidewalks to mitigate immediate safety issues, (b) perform spot repairs to curbs and gutters where necessary for safety concerns, and (c) protect trees as much as feasible, to accomplish the necessary safety repairs without leaving any tree in an unsafe condition. a ATTACHMENT #1 • LIST OF STREETS FOR MSC-430 STREET NAME Brush Drive PETITION LIST# 1 DISTRICT LOCATION 263 Softwind Drive 2 158 Rhapsody Drive 4 155 Elmhurst Circle 5 118 & 128 Morse Circle 6 164 Swan Lane 7 146 Dovewood Drive 8 146 Lotus Lane 9 435 Chesapeake Lane 10 435 Seabird Circle 11 453 Sha ne Drive 12 158 Ojai Lane/Napa Circle 14 178 Standish Lane 15 148 Trophy Drive 16 167 Trenton Lane 17 437 Doriane Circle 18 159 La Mesa Lane 19 178 Coral Circle 20 434 Montecito Drive 22 158 Robinwood Drive 23 146 Lee Circle 24 271 Par Circle 25 157 Patricia Lane 26 169 Puritan Circle 27 148 ATTACHMENT #2 128 — Elmhurst Cr. 146 — Dovewood Dr., Robinwood Dr. and Swan Ln. 148 — Standish Ln. and Puritan Cr. 166 — Rhapsody Dr. 167— Par Cr. 168 — Softwind Dr., Montecito Dr. and Shayne Dr. 169 — Doriane Cr. 164 — Morse Cr. 167 — Trophy Dr. 169 — Patricia Ln. 178 — Ojai Ln., Napa Cr. And La Mesa Ln. 263 — Brush Dr. 271 — Lee Cr. 434 — Coral Cr. 436 — Lotus Ln. and Chesapeake Ln. 437 — Trenton Ln. 463 — Seabird Cr. orktown ndianapolis • • ATTACHMENT #3 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN P THE CITY OF HUNTINGTON BEACH AND S 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 CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/fonns/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 • • CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/fonns/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city consr/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 • • delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/fonns/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After- the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 • • coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agreedorms/city const/4-03 16 11 • 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/fonns/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 • irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR M. print name ITS: (circle one) Chairman/President/Vice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Attorney Secretary - Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/forms/city const/4-03 21 CITY FUNDED'CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Paize No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 0 RCA ROUTING SHEIT INITIATING DEPARTMENT: Public Works SUBJECT: Award MSC-430 Reconstruction of Various Residential Streets COUNCIL MEETING DATE: 2/6/06 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full b the CityAttorney) Subleases, Third Party Agreements, etc. Attached Not Applicable El (Approved as to form b City Attorne ) Certificates of Insurance A roved b e orne pp y thCity Atty� Attached Not Applicable El( Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) Attached Applicable ElNot Commission, Board or Committee Report If applicable) p ( pp ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial g pp Attached Not Applicable ElFindin EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAR ED Administrative Staff ( ) Assistant City Administrator (initial) City Administrator Initial ( ) [City Clerk ( ) EXPLANAT ON FOR RETURN OF ITEM: �2 RCA Author: Jubinsky Brush rive Tree Saving Date: C 17 9 LZ05 FROM �e 5w p RECORD FOR �' OF_c-_? -a CV - 6jl�: .:�._..� CITY CLERK OFFICE JOAN L. FLYNN" CITY CLERK / T&-)--1 Z-:7 i/ We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1, 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters are minimal and don't affect walking or drainage when raining. Alternative methods other than removing the trees are to be used to repair any cracks or raised concrete. Name Signature The,cescy C kagve-, Print name Signature eoao bNo k U, Print e �1 V7 -S� tine �h I iey b. errerno, Print name ature Print name t name SWTR-1 A 0 OL Print name Address B392, 'F-:)y-ush 1Dc'i Vf-, tAu,n n-&�) sec `Jh' Cf1 clug? �A,► Sin D( I n� t�0 aCJ) CA g2.bu 7 E332- SrLAs q tr. 1ALkr\+►nc +i,-n Be adnr c-A O.6+7 9251 I (Zo Sa �RAVL 9011-�JOGT60 -&-Ar-9 Mql ,?. Z Brush Drive Tree Saving Petition Date: 61 -7 OS We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1, 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters are minimal and don't affect walking or drainage when raining. Alternative methods other than removing the trees are to be used to repair any cracks or raised concrete. Nam Address Print name 4'. �-' foZ fit, CK1cf- Print Print name i Print name Ream I"\ate Print name Signature ✓ L . �( %LPL? Print name �,,,.e C. I, I �,►�. � e I l; n Print name Print name 9'�Rq� F)Ro''<0 D(C /SC R: , CA q 2-1, 6 q z 3 ', • Brush Drive Tree Saving Petition . Date: 05 We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1, 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters are minimal and don't affect walking or drainage when raining. Alternative methods other than removing the trees are to be used to repair any cracks or raised concrete. 1 e Address Signature 4_ Print name Signature �— PmtrdaMme , 214: A i M "Wff V V-V V I Print name Signature ( w-w i,.s w I CI,4 t Print name Signa Print name Signature Se. - Ze //a Print name Signature -�-e,�l �eo Print name f Sign ure �.1;; VJ 2 f fL Print name 6572- age:-)- ejgct B CILAS 0, `� ► 3 1�cu s k �bL-. 7 5) 'AD- mush fir. _A U rrt;c�&Tyn -ReAzI TC A Q 24q -7 � � r �� C • • Brush Drive Tree Saving Petition Date: 9 - 1 1 We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1, 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters are minimal and don't affect walking or drainage when raining. Alternative,methods other than removing the trees are to be used to repair any cracks or raised concrete. 0 0 I SignatbTe �n/o apes YY) • i.� � Aic� Print name Signature Print name Sigiiature 1c1�j�i� � 1�71s9%��•� Address l < 72 1 : 61 10 C ,,A "JV q2w7 C., l7 Jl'�< 6r�( "I, Li2Z 1-1,71 l S- 7� 41A ] Set I q -'I'k CA 2EW2 • • Brush Drive Tree Saving Petition Date: We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1, 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters are minimal and don't affect walking or drainage when raining. Alternative methods other than removing the trees are to be used to repair any cracks or raised concrete. f►UO"M 'QcA'-r Eo cno Print name In Sionah�re Print name Signature Print name Signature Print name Signature Print name Address �-welz' Jie k 00 Jz/'-)qI ()4 Oct 24 05 11:46a R &6 949-492-2179 p.2 Jenz uy; 1,mmvwt'Jj I iY V'•J lace , V�.l'LL'vyL .,r�v�� •�� ..b� ri Brash Drive Tree Saving Petition Date: 1 t'I1XIo s. We, the homeowners on Brush Drive, Huntington Beach, CA are opposed to the Tree Removal Petition dated July 1. 1995. We do not want our trees removed from our parkway in order to refurbish the gutters and sidewalks. The majority of these imperfections on the sidewalks and gutters arc minimal and don't affect walking or drainage when raining. Alternative methods other than removing the trees are to be used to repair any cracks or raised concrete. Name 1� .T. C .Srj%'.\ Address PM% name signature Print n4we ' -s4mamm Mint some sionwturc Print name Sipmtum t name SWMAX V PYinl Miame Mgnantre ro _ r. Plftnt nalm6 RECEIVED FRONC��-/S AS PUBLIC RECORD FOR COUNCIL MEETING OF ---?- or, -oZ CITY CLERK OFFICE JOAN L. FLYNN. CITY CLERK 17L&'-Y'-7 z� - Brush Drive Trees Also Curbs and Sidewalks Chris Varga 8242 Brush Drive • • • i u Years ago a petition was sig nea Dy I O"/o or residents to repair curbs • Petition was presented as only fixing the curbs & sidewalks, not removal of trees • A few that signed were renters • Many have moved away • Street is in great shape for a 45 year old street. - Better that most for that age. • other streets in tract & city are far worse • No Ficus or Pines on Street • Brush Dr. should be a lower priority for city that does not have excess capital. • Brush Dr. is a very long street. 2 other streets could be fixed if Brush Drive is removed. • • a' lw OI KS I � I i u v�x8 u' ryM.�� 1 pp J ili" fi 4t vl- �k 3 �r �+ i ji r u� n R� CC��qq y rush Dr. Ao • Other Streets in Tract � � .:%-w et Brij-qh ❑ �A uw How City Implements Improvements • If trees must be replaced, Crepe Myrtles are � not trees. City should investigate a tree option • Maybe one side of a street this year, 5 years down the road the other side??? - Minimizes street impact • Brush Drive needs minimum repairs. - Alternatives to "All or Nothing" should be investigated. Summary • Majority of Residents Don't Support Tree Removal. • Other streets are far worse Brush Dr. and begging for repairs. - City needs to prioritize need vs. petition submittals (i.e. potential liability) • Interdepartmental Communication date 1/30/06 by Robert Beardsley - recommendation of alternative #4 is agreeable to residents • • i =�T l o F 3 RECEIVED FR -4f2 AS PUBLIC RECOPD MP C0 °'i7NG OF -Oa TREE REMOVAL PETITION c�TY FLYNNERK CITY JOAN L. FLYNN, CITY CLERK / 7&-)-g _ ...e _ // DATE: --7 / , l 9 9-t- We, the homeowners on ,6,eaS,W J�:>,e. y. ,g , would like to have the trees removed from the parkway. The trees are cracking the sidewalks, curbs and gutters, and roots are clogging sewer lines. Also, the trees have raised the sidewalks, curbs and gutters, causing a tripping hazard and water to stand in streets. We would like to have trees removed, repairs made to sidewalks, curbs and gutters, and trees replaced with ones that do not cause these problems. NAME ADDRESS ?3[► 2 G�lfi/ �/e • /Y• , �. 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