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Palp, Inc. dba Excel Paving Company - 2010-08-02
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RECEIVED BY: CITY CLERK RECEIPT COPY a Return DUPLICATE to " �''ttif11 City Clerk's Office (Name) after signing/dating t � l3 ( 11 (Date) we 0MM CITY OF HUNTINGTON BEACH 977T-777% INTERDEPARTMENTAL COMMUNICATION TO: -Shari-Freidenrich, City Treasurer FROM: r` DATE: SUBJECT: Bond Acceptance 1 have received the bonds for _ (Company NameT Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. � Guarantee and Warranty Bond No. r Re: Tract No. CC No. J / / MSC No. T `� Approved �( � � � Agenda Item No. (Council%proval Date) City Clerk Vault No. A00 #27 g1followup/bondletter.doc City ®f Huntington Beach INTER-DEPARTMENT COIVMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contact Administrator DATE: December 13, 2010 SUBJECT: Retention Release Payment Company Name: Palp, Inc DBA Excel Paving Company Address: P.O. Box 16405 City, State and Zip Code: Long Beach, CA 90806-5195 Phone Number: (562) 599-5841 Business License Number.A234608 Local Address: N/A Notice of Completion Date:11/1 o/1 o Contract Purpose: Retention Release for Miscellaneous Service Contract 474, Residential Overlay_ 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 full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices-on file with the City. certify that no notices are on fi o the subiect at this time. Date Travi . Hopkins, Director of Public Works certify that there are no outstanding invoices on file. Date r certify that no notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Ilit 1 Date Joa Inn, City I rk retention release memo REV 2-2009.doc 12/13/2010 10:53:00 AM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: MSC-474 Project: VARIOUS RESIDENTIAL STREET HUNTINGTON BEACH, CA 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 3rd dayof November ,20 10, at Lone Belch ,California. Palp Inc. dba Exce Paving Company (Type Con cto Na e By. _ s ine itt ken, Payroll Officer 1 CONTRACTOR'S CERTWICATE L Tim Crosby ,state and certify that: (Name ojDeclarant) j, Palp Inc dba Excel ,,Paving Company is the general contractor to the City of Huntington Beach ("City") on Contract No. MSC-474 (the "Contract") for the construction of the public work of improvement entitled: VARIOUS RESIDENTIAL STREETS HUNTINGTON BEACH, CA (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"): "NONE" 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims;if none, write"NONE"): "NONE" I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Long Beach, CA on this 3rd day o 20yCL. By: (Signature ofZldl t) APPROVED AS TO FORM By: �1-7/0, �A.J 3• Zo•ot� Name: [Type Name] Title: [Type Title] 1 24 5914.1 Certification of Compfliance with Title VF1 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 VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: MSC-474 Project: VARIOUS RESIDENTIAL STREETS HUNTINGTON BEACH, CALIFORNIA The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VU 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 3rd day Of November ,20 10,at Long Beach ,California. Palp Inc dba Exc 1 Paving Company ("lope Contrae r Nam By: Chri tine Lit8iken, Payroll Officer 1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingidating (Date) FIE CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION TO: , City Treasurer i FROM: DATE: Z/z SUBJECT: Bond Acceptance have received the bonds for Z- Z ( ompanyName) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �/� Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. yea � Approved Agenda Item N�. (Council Approval Date) Z fj A City Clerk Vault No. (JU� U #27 g:lfollowup/bondletter.doc t MAINTENANCE BOND Bond No-8219-25-56M KNOW ALL MEN i3Y THESE PRESENTS: That:. PALP, INC, dba EXCEL PAVING COMPANY tcbatraMor's name] 2230 LEMON AVE, LONG BEACH CA 90806 [wntraclor's street address.City and state and zip code] as Principal(hereinafter called.Contractor),and: Federal Insurance Company Isurety's name] 15 Mountain.View Road,Warren-New Jersey.07059 [surety's street address,city and state and zip code] a corporation organized and existing under the laws of the State of Indiana with its principal office in the.City of Warren, New Jersey as Surety (hereinafter called Surety), ate held firmly bound unto CITY OF HUNTINGTON BEACH as-Obligee(hereinafter called Owner),in the amount of Five hundred thirty nine thousand two hundred twenty nine&08/100 Dollars ($539.229.08 ] for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents, WHEREAS, Contractor has by written agreement dated AUGUST 2 2010 entered into a contract with Owner for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT 474 in accordance with drawings and specifications prepared by THE CITY OF HUNTINGTON BEACH which contract is by reference made a part hereof(hereinafter referred to as the Contract);and WHEREAS,the Contract.provides that the principal will guarantee,for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and WHEREAS, the Contract also provides that the Contractor shaft secure Contractor's obligations during the one- year period with a bond executed by a surety duty admitted in the state of California;and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be oGTOBER 22 ,20 10. NOW, THEREFORE, THE CONOtTION OF THIS 081_16ATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will,remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty(30) following Owner's written notice of default, either: (a) remedy the default, or(b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or tosses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default.of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach,by_ttie P.incipal; or-_(b)._ shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available l tu-as,,,soss: r� as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its Obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30)days after Surety':s receipt of a written notice from Owner of the failure of performance of the. Contract by the Principal, d shall be the duty of the Surety to give .to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or(b) arrange for performance of the Contract promptly by a contractor other than the Principal,,time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default($)or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work. and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages.are specified in the. Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the principal's de€autos) of its performance of the Work within thirty(30)days after receipt of a written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner: Signed and sealed this 3rd day of NOVEMBER ,2010 Principal Raised Corporate Seal PALP Inc.dba Excel Paving Company [MIST BEAFFiXEDj (Contractor Name) 7 By Principal Raised Corporate Seal C. P. BROWN (MUST BE AFFIXEDI PRESIDENT (Title) Federal Insurance Company. (Surety Name) BY: (Seal) Douglas .Rapp Attorn in Fact NOTES' 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised corporate Seals are mandatory. 3. Please attach Power of Attorney. 2 lit-2�6?��05�3 f CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of orange On 11/03/2010 before me, Debra Swanson, Notary Public (Here insert name and tide of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(@) whose names) is/afe subscribed,to the within instrument.and acknowledged to me that he/6ke4hoy executed the same in his/ .authorized capacity(4s), and that by his/lwFA#k sig iature(&)on the instr ument the person(-&),or the entity upon behalf of which the person(4)acted, executed the'insttument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ �$y►,L DE$SWANSON N �� °; COMM,#1822117 X WITNESS my hand and official seal. _ �t n NG ORNiA NTY C r My Caton.E Om WJY 10,2012 m� rlrY (Notary Seal) �— tgr acre of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Arpy acknowledgmwnt ,completed in California emusi contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in dw notary aian or a separatew acbwledgmenr form muri&e property comp x lstsd and aaadwd to that document. Ike Doty esceptian iu if a doeuww it to be recorded outside of Cal(fornia. In such insauscer,any alternative (Tick or description of attached document) acbwwlsdgment verbiage as may be printed on such a document so long as the verbkWir does tact require the rotary to do something that is illegal for a notary,n Cal((onda(te. certifying the authorised capacity of the signer). Please check the (Tide or desc nption of attached document continued) docum67t Card dlyfor proper notarial wording and armch this form j f required Number of Pages Document Date ' state and CpUnty information must be the State and County where the document sjVwr(a)poraorafly appeared bofore the notary public for acknowicdgmcnt. • Date of notarization must be the date that the signers)personally appeared which most also bo the aatne date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide(notary public) e Print the nattne(a).of document signers) who.p«sonally appear at the-URIC of aotarizatloa CAPACITY CLAIMED BY THE SIGNER a kdica the correct singular or plural forms by crossing off inwncct forma(i.0 O Individual(S) Wshdtbayr is/tore)or circling the correct forms.Failure to correcdy indicate this information may bad to rejoction of document recording. ❑ Corporate Officer • The notary seal impression must be cleat and photographically reproducible .Imprmnsion must not cover text or tunes.if seal impression smudges,cc-seal if a (Tole) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(S) • Signature of the notary public must match the signature on file with the office of this county cledL O Attorney-in-Fact s' O Adduional information u not required but could help to ensure this ❑ Trustee(S) aclaaowtodgmont it not misused or attached to a different documcru ❑ Other O lndicau title or type of attached document,number of pages and date O Indicate the capacity claimed by the signer. If the claimed capacity is a corp«su officer,indicate the tide(i.e.CEO,CFO,Secretary) • Socurely attach this document to the signed document 2003 Versioa CAPA v12.10.07 800.873-M5 www.NotatyClaues.com t• � Chubb OF Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know. All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation, do each hereby constitute and appoint Linda D.Coats, Matthew J.Coats,Douglas A.Rapp and Timothy D.Rapp of Laguna Hills,California------ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bad bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of November,2009. Kenneth C.Wendel,Assistant Secretary t Norris,Jr.,Vice P nt STATE OF NEW JERSEY ss. County of Somerset On this 16th day of November,2009 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swam,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal KATHERINE J.ADELAAR Q�N N01APY PUBLIC OF NEW JERSEY Z,pTAR Y No xpires ul Cammiatuon ExprresJuly 16,2014 FUBIA Notary Public JEO CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other - writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, O the Companies are duly licensed and authorized to transact surety IwsJness In all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward island;and (III) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this November 03, 2010. C 0 100-! rtp5`N O W Wks / - /2i/i✓L, i� 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)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-022513-U (Ed.5-03) CONSENT Consent of Surety Release ®f Find Payment AIA Document G 707 Bond No.8219-25-56 To Owner: City of Huntington Beach General Contractor: 2000 Main Street PALP Inc.dba Excel Paving Company Huntington Beach,CA 92648 2230 Lemon Avenue Long Beach,CA 90806 Contract For: Various Residential Streets Pavement Overlay Maintenance Services Contract 474 Contract Date: July 22,2010 In accordance with the provisions of the Contract between the General Contractor and the Owner as indicated above,the Federal Insurance Company 555 So. Flower Street Los Angeles,CA 90071 Surety, on bond of PALP Inc.dba Excel Paving Company 2230 Lemon Avenue Long Beach,CA 90806 General Contractor, does hereby approve of the Owner's payment of Final Payment to the General Contractor,-and agrees that said Final Payment to the General Contractor shall not relieve the Surety of any of its obligations to City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Owner, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:November 3,2010. Federal Insurance Company r Douglas A. app Attorney titact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 11103/2010 before me, Debra Swanson, Notary Public (Here insert name and tide of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-s) is/a+# subscribed to .the within instrument and acknowledged to me that he/she/4wy executed the same in his/UffA4e4 authorized capaciry(i"), and that by his/ /tom signature(&)on the instalment the person(&), or the entity upon behalf of which the person(4)acted,executed the*insft=ent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r DEakk SWW NSOCIA c-OMM,01822W WITNESS my hand and official seal. NOTARY PUBLiC.CKNORNIA cin ORANGE COUNTY My res NOY io,2012 �=:n ��- � (Notary Sea!) Signature of Notary Public ADDITIONAL OPTIONAL,INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Airy ocharowladyarsnt,contplsud in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT apipoesr about in the notwy section or a separate acknowledgment form mutt be prg7orly completed and aitaehsd to that documem The a* exception lJ if a document is to be recorded outride of California. In.such Instances, any alrernarive (Tide or description of attached document) acAnowledgmeru verbiage ay may be printed on .such a document so long at the verbiage does mat require the notary to do somethmg.that is illegal for a notary in California (Ie. certifying the authorized capacity of the signer)_ Please check the (Tide of description of attached document continued) document cart iyfor proper notarial wording and atrach this form if required Number of Pages Document Date • State and County information must be the State and County where the document sigtxa{a)pasonaUy appcarod before the rotary public for scknowlodgncnt a Date of aowizuion must be the date that the sigacr(s)personally appeared which must also be the name date the saiwwlodgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her comrniuion followed by a commit and then your tide(notary public). • Pried the name(s) of document signers) who personally appear w the ume of nowizukm CAPACITY CLAIMED BY THE SIGNER o indicate the correct singular or plural forms by crossing off incorrect forms().e O Individual(3) hwWwAhayr is lot)or circling du correct forms.Failure to correctly indicatc this information may bad to rejection of document recording. ❑ Corporate Officer a The notary sell impression must be clear and photographically reproducible Impression must not cover text or tines. if seal impression smudges,rc-sea3 if a (Tide) suffwknt arcs permits,otherwise complete a different acknowledgment form - ❑ Partner(s) Sipnaure of the notary public must match the signature on file with the office of the county cleric. ❑ Attorney-in-Fact O Additional mformatioa is not required but could help to ensure thus ❑ Trustec(s) aeiarowtodgmmu is sot misused or attached to a diffetrnt document O Other O indicate title or type of attach men attached document,number of pages and data. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tide(i.e.CEO,CFO,Secretary) Securely attacb this document to the signed document 2008 Yasiom CAPA vl2.lA.Q7 800 873 9865 www.NotaryClasses.00m r Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company IS Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren,.NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Linda D.Coats, Matthew J.Coats,Douglas A. Rapp and Timothy D.Rapp of Laguna Hills,California-------- each as their true and(awful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. in Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of November,2009. c Renneth C.Wendel,Assistant Secretary — Norris,Jr.,Vice P nt STATE OF NEW JERSEY ss. County of Somerset On this 16th day of November,2009 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C.Wendel,being by me duly sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr-,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seat OTHERINE I ADELAAR �N NOTAI?Y PURUC OF NEW JERSEY NOTAay n 2316685 �.aw+x+iateior+Expires July 16,2014 LLL666 Notary Public PUBLIC JEAg� CERTIFICATION Extract from the By-Lews of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be amxeo by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (u) the Companies are duty ficensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S_Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (0) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this November 03, 2010 �P � NC�c A SNP t�N ' Ir LL��tL 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)903-3493 Fax(908)903-3656 e-maiL surety@chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT This Document was electronically recorded by PLEASE COMPLETE THIS INFORMATION City of Huntington Beach RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIII 1111111111111111111111111111111111111111111 NO FEE 2010000599014 10:33am 11/10/10 AND WHEN RECORDED MAIL TO: 93 401 N121 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Palp, Inc. DBA Excel Paving Company who was the company thereon for doing the following work to-wit: VARIOUS RESIDENTIAL STREET PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT-474 That said work was completed October 22, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 22,2010, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Federal 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 November 2,2010. /f Director of PV61kc Works or City Engineer r�City of Hunti gton 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, a d that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorde o Orange C9,unty. Dated at Huntington Beach, California,this November 2,2010. Tirctor of Pu !ic Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'.059-TITLE PAGE(F7/95) RECEIVED BX-I CITY CLERK RECEIPT COPY D-B ?\VX,, Return DUPLICATE to 11JJ �1' City Clerk s Office (Name) after signing/dating 19 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Frelddeenrlch City Treasurer FROM �(/� ( Lt)tj`\ o DATE (Y" I // 0 SUBJECT Bond Acceptance l ` ff ` � have received the bonds for r L r� �/ll 1 /kJ� (Company Name) Faithful Performance Bond Now,� t Labor and Material Bond No Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No Re Tract No CC No MSC No L Approved 1 / Agenda Item Nof (Council Approval Date) City Clerk Vault No fs o � 3 #27 g/followup/bondietter doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND POP SNc. DI3R Exce! Pa vino C6.,AOANY q y' FOR /� �St`�1� VO4/'tdµ5 ► tt54 anta,i rjireet1 5 NoZ14,/ 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 7 10 INDEPENDENT CONTRACTOR 7 11 LIQUIDATED DAMAGES/DELAYS 7 12 DIFFERING SITE CONDITIONS 9 13 VARIATIONS IN ESTIMATED QUANTITIES 10 14 PROGRESS PAYMENTS 11 15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 11 16 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17 WAIVER OF CLAIMS 12 18 INDEMNIFICATION DEFENSE HOLD HARMLESS 12 19 WORKERS COMPENSATION INSURANCE 13 20 INSURANCE 14 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 14 22 NOTICE OF THIRD PARTY CLAIM 15 23 DEFAULT&TERMINATION 16 24 TERMINATION FOR CONVENIENCE 16 25 DISPOSITION OF PLANS ESTIMATES AND OTHER 17 26 NON ASSIGNABILITY 17 27 CITY EMPLOYEES AND OFFICIALS 17 28 STOP NOTICES 17 29 NOTICES 18 30 SECTION HEADINGS 18 31 IMMIGRATION 19 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33 ATTORNEY S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35 GOVERNING LAW 20 36 DUPLICATE ORIGINAL 21 37 CONSENT 21 38 SURVIVAL 21 39 MODIFICATION 21 40 SIGNATORIES 21 41 ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND a l t' n e Tn t 1p-XC61 0.V►VNa Con1 eh t1y FOR PASC-4'14 Var 10As REs►A e.ntl� � Streiis pl,yc M cAt Over 6-1 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 96.19 11V (7 �1tCE� ��y►+R4 C deny 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 �A►��'� wee Service CaAirgLf 474 1kewts Q *-MenA 0J�'��/ 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 giagree surtnetcityconst 1 of 22 5110 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, g/agree/surtnet/cityconst 2 of 22 5/10 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 g/agree/surtnet/cityconst 3 of 22 5110 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents a sum F%V@ kAtkn-Ift-L 4owr ce-n T+he,.s"J not to exceed Utn&VI ;%ve �oik,.,rs A. Tie!e %% y ce,%+aBL1fts (S51`��0cis a'" ) 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 fm14V �%ve 05 ) consecutive lJac'kth!j Sys 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 g/agree/surtnet/cityconst 4 of 22 5/I0 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and, in general all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW CONTRACTOR agrees to make any and all changes, furnish materials and perform all work 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 g/agree/surtnet/crtyconst 5 of 22 5/10 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 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 g/agree/surtnet/cityconst 6 of 22 5110 9 WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to any workmanship installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items Upon expiration of such ten (10) day period CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense 10 INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation unemployment compensation and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any in connection with the PROJECT and/or the services performed hereunder 11 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set 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 g/agree/surtnet/cityc.onst 7 of 22 5/10 the sum of goo. gvwtloed Dollars ($ 500 0'5— ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay, and CONTRACTOR agrees to pay these damages herein provided and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not limited to, acts of God or of the public enemy fire floods, epidemics quarantine restrictions strikes, unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if in its Judgment the findings of fact thereon Justify the delay, and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the Job site for which CONTRACTOR 1s not responsible or by the combined action of the workers in no way caused by or resulting g/agree/surtnet/cityconst 8 of 22 5/10 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claims for additional compensation or damages for delays irrespective of the cause thereof and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR 12 DIFFERING SITE CONDITIONS A Notice CONTRACTOR shall promptly and before such conditions are disturbed notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents or (2) Unknown physical conditions at the job site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement whether or not changed as giagreelsurtnet/eityconst 9 of 22 5110 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 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 g/agree/surtnet/c ityc onst 10 of 22 5/10 14 PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW less all previous payments and less all previous retained amounts CITY's final payment to CONTRACTOR if unencumbered or any part thereof unencumbered shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the 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 g agreelsurtnetcityconst 11 of 22 5110 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 16 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California 17 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect defend indemnify and hold harmless CITY its officers, elected or appointed officials employees agents and volunteers from and against any and all claims, damages losses expenses judgments demands defense costs, and consequential damage or liability of any kind or nature however caused including those resulting from death or injury to CONTRACTOR s employees and damage to CONTRACTOR's property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone giagree/surfnet/crtyconst 12 of 22 5110 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 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 glagree/surtnetroityconst 13 of 22 5110 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 without the express written consent of CITY however an insurance policy"deductible of$5,000 00 is permitted 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 giagree/surtnet/cityconst 14 of 22 5110 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 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims g/agree/surtnet/crtyconst 15 of 22 5110 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 24 and any damages shall be assessed as set forth in Section 24 24 TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made In case of such termination for convenience the CONTRACTOR shall be entitled to receive payment for work executed g/agree/surtnet/cityconst 16 of 22 5110 and costs incurred by reason of such termination In no event shall CONTRACTOR be entitled to recover overhead profit or CONTRACTOR's fee on work not performed Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR 25 DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings,reports, calculations maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 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 glagree(surtnetcrtyconst 17 of 22 5/10 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2),regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 29 NOTICES Any notices certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope postage prepaid and depositing the same in the United States Postal Service, to the addresses specified below provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices certificates or other communications will be sent by notifying the other party via personal delivery reputable overnight carrier or U S certified mail-return receipt requested TO CITY TO CONTRACTOR City of Huntington Beach ATTN Pt%.3 i cl VE"o%t 2000 Main Street `A96A to -COMPANY Huntington Beach CA 92648 22-Al Y-MON AVENUE LLIPW EAv14 Cat 90806 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, gragree/surtnet/cityconst 18 of 22 5/10 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 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 g/agree/surtnetrcityconst 19 of 22 5/10 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, 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 g/agree/surtnet/cityconst 20 of 22 5110 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 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not in fact held by the signatory or is withdrawn 41 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, g/agree/surtnet/cityconst 21 of 22 5/10 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 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized officers on 0LU CONTRACTOR CITY OF HUNTINGTON BEACH, a muntcip corporation of the State of California PALP INC DBA EXCEL PAVING COMPANY 2230 LEMON AVE . LONG BEACH, CA 90806 Mayor d By C --� ity Clerk C P BROWN — PRESIDENT print name INITIATED AND APPROVED TI'S (circle one)Chairman/President/Vice President AND �irector of Public Works - �By C/"'�-lit REVI ND APPROVED MICHELE E DRAKULICH—ASST SECRETARY pnnt name ITS (circle ore) Secretary/Chief Financial Officer/Asst i Administrator Secretary Treasurer APPROVE�D� AS TO FORM e--City Attorney kC/ g agree/surtnet/citywnst 22 of 22 5110 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On -7 — -9, Z— l C-*,, before me MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared C P BROWN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arx subscribed to the within instrument and acknowledged to me that he/sheAh y executed the same in his/l"/tW4r authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal MONA COVINGTON COMM #1798405 V � NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY J Signature of Notary Public (Notary Seal) Comm Exp MAY 27 2Q12 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is dlegal for a notary in California (i a certifying the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment . Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public) Print the name(s) of document signer(s)who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(t e ❑ Individual(s) lte/she/dw_�-is/aFe)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) Signature of the rotary public must match the signature on file with the office of the county clerk ❑ Attorney in Fact s Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ der Indicate title or type of attached document,number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i e CEO CFO Secretary) Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800-873 9865 www NotaryClasses com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On C) before me MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared MICHELE E DRAKULICH who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a>e subscribed to the within instrument and acknowledged to me that he/she%they_executed the same in#As/her/tom authorized capacity(ies), and that by#i}s/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct MONA COVINGTON WITNESS my hand and official seal NOTARY MPS 0CAUFORNiA ORANGE COUNTY Q:�� Comm Exp MAY 27 2012 N(Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(z a cernfying the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public) Print the names)of document signer(s)who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i e El Individual(S) Wshe/a#xsy—is/era)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must not cover text or Imes If seal impression smudges re-seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney in Fact v Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not nusused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date Indurte the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i a CEO CFO Secretary) Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800-873 9865 www NotaryClasses com SECTION C PROPOSAL. for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 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 45 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 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 ?-yc O� 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 0 uk Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 Approximate Unit ,Item,# Quantity I Item with Unit Price Written in Words ' Price! Total Cold Plane 1 170 308 S F at n d a l l a IL er F 0 b � Furnish and InW6 11 `7 6 9 r 4 d 2 585 080 S F at vL o d z 11 c r t -r Ler F )0 f-'a, Construct AsphqAt Concrete 6f 12' c 3 5 266 Ton at 5 s v r 't "W tor� o ° 3 ° Adjust Watir V Ives to Grade 4 96 EA att-ob LUMOL-td YA erEach D L' U6, ` � Adjust Manholes to Grade 5 67 EA at a er Each � 0 b° l to d Adjust Monument Well to de 6 30 EA at b k u kd� l Al, er Each b °" Li b D ba Prepare Pre & Post Construction Corner Record and File with Appropriate Agencies 7 67 EA at w per Each Total Bid Amount in Figures !� 097. ab Total Bid Amount in Words , " 17,CA 6v ti obi fc� C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number L U & n "-e v, card S� '1 IP � d�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 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH DID State of California ss County of Orange 0 P BROWN , being first dulyQsV6'mk,1de�t��es and says that he or she is Pt3ESIDENT of 0,1 PAII L r 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 FIALP NC 09A Name of Bidder Signature of Bidder 2230 LEMON AVENUE dress of Bidder Subscribed and sworn to before me this day ofJUL 012010 , 201_ NOTARY PUBLIC CA&Vb _ C PHILLIPS NOTARY SEAL COMM #1809759 7 NuLU w010TY U. 16 2012�( 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (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 ALI INC USA Contractor By r 000N PRESIDE If Title Date JUL 012010 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes @(No If the answer is yes, explain the circumstances in the space provided 0* Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 tiA � A WFIL A" ? P PAWMW Contractor By Title Date JUL 012010 UNDERGROUND SERVICE ALERT IDENTIFICATION DUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800- 422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number Contractor By Title Date Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Bidder Name PALF,I14C DBA EXCEL PAVING COMPAW 2230 LEMM AVENUE LWIG BEACH,CA 90806 Business Address City, State Zip Telephone Number STATE LIC 686659",4°° State Contractor's License No and Class y ,ty0%A Original Date Issued S ,11-to Expiration Date The work site was inspected by of our office on ki L 201_ The following are persons, firms, and corporations having a principal interest in this proposal 0 p Curtis P Brown President and Chief Executive ofta Curtis P Brown ill VIce ftillaent and Chief Operating OMW Bruce E E Flat Vice President and Chief FinanG McRae ce President Marcia S Miller Secretary Michele Assistant Secretary 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 ''ALP IC BOA r—v'"rr A53,f93C t4- RR��[4PJAN wv�.�d,r.4y 36I A c3 Company Name Signature of Bidder C F SHOWN PRESIDENT Printed or Typed Signature ��� C PHIL��PS JUL 12010 �� COMM #.1s09,� Subscribed and sworn to before e this day of , 201_ � � No 3ry PUh c of rnia r3 LOS ANC i FS COUNTY NOTARY PUBLIC w fihyr�mmj ks zoiz NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed PAVINGCOMPANY PO aOX 1640S A GENERAL ENGINEERING CONTRACTOR LONG BEACH CA 90806 5195 STATE LICENSE NO 688659A (562) 599 58,11 FAX (562) 5917485 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 F ALPUiCEL INC DBA PAVING COMPANY PO BOX 16406 A C ENMAL EMOKERING CONTRACrTOR LONG BEACH,G 90906.6igs STATE LICENSE NO 688659A 4OM 5994 1 FAX DESCRIPTION OF OPERATIONS Excel Paving Company Is a general engineering and paving contractor that has been In business for the past 25+years The company is a corporation owned by C P Brown, Jr Their operations Include street and road construction, widening, and repairs, related sidewalk, curb and gutter construction, paving of school yards and parking lots, pipe work, and excavation and grading of"pads" for building sites On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off-site improvements, grading, removal, etc , but will subcontract any work which Is not specifically within their domain Occasionally the company will perform work at airports They may also occasionally perform work In the "THUMS " area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately Ys mile from the harbor The company estimates 2006-2007 gross revenues of$86 Million, $60 Million of which is subcontractor and material costs All work Is performed In Southern California, with most In Los Angeles and Orange County A great deal of work Is done for public entities, repairing/widening existing surface streets and roads (75% public entitles and 25% private entities), concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work is subcontracted out to other flans Excel Paving Company also repairs a great number of school yards and parking lots (30%)and usually has a small amount of ongoing work at the Los Angeles, Burbank, and Long Beach airports INCUMBENCY AND SIGNATURE CERTIFICATE OF P A i P TtC The undersigned, Marcia S Miller, being the duly effected 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 date hereof, the duly qualified,elected and acting Officers of the Corporation holding the office set forth opposite their naives below,such officers being authorized to sign,in the name of and on behalf of the Corporation Curtis P Brown President and Cluef Executive Officer Curtis P Brown III Vice President and Chief Operating Officer Bruce E Flatt Vice President and Chief Financial Officer George R. McRae Vice President Marcia S Miller Secretary Michele E Drakuhch Assistant Secretary IN WITNESS WIIEREOF, the undersigned has executed this Certificate as of the date set forth below Date January 27,2010 kkkCIA S MILLER,Sdcretary PALP, INC DBA A P O BOX 1640 EXCEL PAVING COMPANY LONG BEACH CA 90806-519 A GENERAL ENGINEERING CONTRACTOR (562) 599 584 STATE LICENSE NO 688659A FAX (562) 591 748 CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue 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#0161 US Bank 4100 Newport PI #130 Newport Beach CA 92660 Account Representative Robin Woods Phone # 949/863-2462 Fax # 949/863-2336 Account# 153491958689 TRADE REFERENCES Company Phone Fax Contact Vulcan Materials 626/334-4913 626/334 4161 Bill Watt RE H Trucking 909/591-0871 909/591 0506 Gina Mendiola Blue Diamond Materials 714/578-9600 714/449-2295 Rich Shoan Savala Equipment 800/223-2473 949/552-8597 Yoganda Ellis I certify that the above information is true and correct and that we can and will comply with your terms C P Brown President Bonding Agent Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office (949)457-1060 Fax (949)457-1070 Contact Douglas A Rapp Surety Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23'd Floor Los Angeles CA 90017 P O Box 30127 Los Angeles CA 90030-0127 insurance Carner The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact William Wooditch Office (949) 553-9800 Fax (949) 553-0670 CONTRACTOR'S NAME PALP INC DBA EXCEL PAVTNr rnwpANv A COMPANY EXPERIENCE(REFERENCE 1 05 OF THE RESPONSLBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME Jefferson Blvd Widening PROJECT DESCRIPTION Street widening, Infrastructure reconstruction, Street lighting, traffic signals, landscape & irrigation, Storm drain impvts, and LOCATION Jefferson Blvd , Playa Vista, Los Angeles Sewer CONSTRUCTION VALUE 6,306,687 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT KATZ, OKITSU & ASSOC PSOMAS GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT David Cook TELEPHONE 562) 599-5841 Ext 239 OWNER INFORMATION NAME Playa Capitol Company, LLC CONTACT Mr Lary Chambers TELEPHONE 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME PALP INC DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE(REFERENCE 105 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECTNAME Slauson Ave/ SR-90 Impvts PROJECT DESCRIPTION .On ramp_& off ramp widening on SR90. Traffic Mitigation added left turn on Slauson Signalization & Signing & Storm Drain Impvts LOCATION Slauson Ave @ SR90 Culver City, Los Angeles CONSTRUCTION VALUE 2 136,269 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A U41TIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT KATZ. OKTTSU & ASSOC PSOMAS GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Vivid Cook TELEPHONE 562)599-5841 Ext 239 OWNER INFORMATION NAME Playa Capitol Company LLC CONTACT Mr Lary Chambers TELEPHONE 310)448-4705 or 310)345-7856 CONTRACTORS 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 PR04ECT NAME _MANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION UNDERGROUND. RETAINING WALLS, FWY ON RAMPS, _ A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING, STORM DRAIN IMPVTS,SEWER, WATER, AND RETAINING WALL 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 PINING COMPANY CONTACT BRUCE FLATT TELEPHONE 562/599-5841 OWNER INFORMATION NAME CITY OF LOS ANGELES CONTACT CARL NELSON TELEPHONE 2I 485-4 74 CONTRACTOR'S NAME PALP INC DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE(REFERENCE 105 OF THE RESPONSEBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF S2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME Alameda Street PROJECT DESCRIPTION Redesign of Arterial Streets and Storm Drain Impvts LOCATION Tntersection of Alameda Street and N Spring St Los Angeles CONSTRUCTION VALUE 3, 197,043 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT city of Los Angeles GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Bob Pace TELEPHONE 562) 599-5841 Ext 248 OWNER INFORMATION NAME City of Los Angeles Board of Public Works CONTACT Raphael Villegas TELEPHONE 213)485-4556 CONTRA('T(1ROc NAiug pet o uun EnC.cL PAV1Nb WMPANY A COMPANY EXPERIENCE(REFERENCE 105 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME Phase 3 Container Yard Expansion Pier T PROJECT DESCRIPTION Container Yard Parking Lot Expansion, Storm Drain Impvts, Sewer and Water LOCATION Pier T, Long Beach, Ca CONSTRUCTION VALUE 21,703,834 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT Port of Long Beach GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Bob Pace TELEPHONE 562)599-5841 ext 246 OWNER INFORMATION NAME The Port of Long Beach _ CONTACT Gary Cardemone TELEPHONE 562) 590-4172 CONTRACTOR'S NAME PALP INC DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE(REFERENCE 105 OF THE RESPONSIBELr ' STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME pier F Berths F74-326 PROJECT DESCRIPTION Asphalt Utility Removals, Grade, New Asphalt Paving and New Concrete RTG Runways, Storm Drain Impvts, Sewer and Water LOCATION Pier CONSTRUCTION VALUE 5,251,800 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT Port of Long Beach GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Bob Pace TELEPHONE 562)599-5841 Ext 246 OWNER INFORMATION NAME The Port of Long Beach CONTACT Peter Forsythe TELEPHONE 562) 244-9077 __ CONTRACTOR'S NAME PALP INC DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE(REFERENCE 105 OF THE RESPONSEBELM STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME Highland Avenue Widening PROJECT DESCRIPTION Redesign of Highland Ave and Adjacent Streetsi Storm Drain Impvts LOCATION Highland Ave 2 Franklin Ave, City of Los Angeles CONSTRUCTION VALUE 2,754,889 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHTIECT City of Los Angeles GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Bob Pace TELEPHONE 562) 599-5841 Ext 246 OWNLP INFORMATION NAME City nf Los Angeles Board of Public Works CONIACT Rafael Villegas TELEPHONE 213)485-4556 CONTRACTOR'S NAME PALP INC DBA EXCEL PAVING COMPANY A COhWANY EXPERIENCE(REFERENCE 105 OF THE RKSSPONS®H rff STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF S2 000 000 PRESENTLY UNDER CONSTRUCTION PROJECT NAME North Maclay Ave PROJECT DESCRIPTION Street Beautification and Improvement of North Maclay Ave LOCATION North Ave from 1st Street to Eighth Street CONSTRUCTION VALUE 3,682 624 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR N/A INITIAL SUBCONTRACT VALUE FINAL SUBCONTRACTOR ARCHITECT City of San Fernando GENERAL CONTRACTOR INFORMATION NAME Excel Paving Company CONTACT Bob Pace TELEPHONE 562) 599-5841 Ext 246 OWNER INFORMATION NAME C1tvTf SAn Fernandn CONTACT Daniel Wall/ City Engineer TELEPHONE 818) 898-1225 WORK EXPERIENCE MAY 31, 2009 CLOSED JOBS 2ND QUARTER 2008 2009 EXCEL PAVING CO 10-23-09 FINAL CONTRACT JOB NO PROJECT NAME AMOUNT 4295 CULVER BLV/VISTA DEL MAR PLAYA CAPITAL CO 1, 601,060 4458 TAPO CYN/ALAMO ST SIMI VALLEY CITY OF SIMI VALLEY 2, 957, 391 4483 BOB HOPE AIRPRT BURBANK E06-53 BURBANK/GLENDALE/PASADENA 13, 177, 103 4492 TIERRA REJADA RD/2ND ST MORPRK CITY OF MOORPARK 3, 167, 306 4499 KAISER CANTARA ST PANORAMA KAISER FOUNDATION HEALTH PLAN 91 879 4505 TOPANCA & VICTORY WESTFIELD WESTFIELD DCSILN & Cv , 1u�110 z -)97, 572 4507 N BRAND BLVD GLENDALE HATHAWAY DINWIDDIE CONSTRUCTIO 217, 460 4522 BELMONT PIER PLAZA LB R6660 CITY OF LONG BEACH 514 419 4524 VERDUGO/BARRINGTON GLENDALE CITY OF GLENDALE 585, 432 4568 NUEVA VISTA E/S BELL PREMIER WEST 206 362 4590 07-08 ROYAL AVE SIMI SV08-02 CITY OF SIMI VALLEY 1, 816 110 4593 LOWELL EL SCH LONG BCH USD LONG BEACH UNIFIED SCHOOL DIST 541 572 4596 MAT ARRESTING SYS BURBANK ARPT BURBANK/GLENDALE/PASADENA 3 642,247 4625 EL PRESIDIO ST CARSON LANE AIRE MANUFACTURING 13 122 4631 41H ST SAN BERNARDINO REMPREX REMPREX LLC 1, 438, 337 4635 JOHN WAYNE AIRPORT BALI BALI CONSTRUCTION 15, 536 4646 CALIFORNIA BLVD PASADENA HATHAWAY DINWIDDIE CONSTRUCTIO 37,708 4653 GETTY CENTER LOS ANGELES HATHAWAY DINWIDDIE CONSTRUCTIO 6, 700 4654 WESTERN AVE TORRANCE MOOG AIRCRAFT GROUP 7, 240 4657 SO FREMONT ST ALHAMBRA INTERSCAPE CONSTRUCTION INC 4, 600 4660 GOODE AVE GLENDALE DINWIDDIE CONSTRUCTION COMPANY 256, 760 4666 5TH ST MANHATTAN BEACH BEARDSLEY CONSTRUCTION 1, 500 4671 R ST/FIGUEROA KAISER WILMINGTN KAISER PERMANENTE (USE) 8 450 4672 5901 7TH ST VA HOSP LONG BEACH MOTORCYCLE SYSTEMS 5, 445 4674 OLDEN ST SYLMAR TUTOR SALIBA PERINI JV 36 710 WORK EXPERIENCE MAY 31, 2009 d ^ OPEN JOBS 2ND QUARTER 2009 EXCEL PAVING CO EST FINAL WORK WORK 8-6-09 CONTRACT COMPL BACKLOG 4042 TUDOR WEST/UCLA JOBS 2 339 610 1000% 1 02000 4093 ,IJ FERN VLi 'vv v°u 4232 VALENCIA MESA FULLERTON 930 000 999% 1 14500 4240 LINCOLN BLVD CALTRANS 12 138 000 984% 231 084 00 4242 CHANDLER/LANKERSHIM LOS ANGELES 5 421 529 1000% 4245 LINNIE CANAL LOS ANGELES 351 920 1000% 4266 CENTINELA AVE LOS ANGELES 2 880 145 1000% 4295 CULVER BLVD VISTA DEL MAR 1 601 060 1000% 4302 VERMONT AVE LOS ANGELES 1 392 670 1000% 4324 USC FIGUEROA & JEFFERSON 1 584 799 1000% 4328 HIGHLAND AVE LOS ANGELES 3 449 332 998% 6 58200 4329 SUNSET BLVD LOS ANGELES 2 062 587 1000% 4330 HARBOR G-TE a LOS «IaGELES - 11 03 a 99 80/0 3 679 00 4340 SLAUSON AVE CULVER CITY 2 570 504 97 3% 60 893 00 4348 PH 3-PIER T LONG BEACH 23 538 665 1000% 4370 ALAMEDA ST LOS ANGELES 2 687 109 97 2% 50 216 00 4408 HOLLYWOOD WAY BURBANK 23 710 82 7% 2 900 00 4413 VERMONT LOS ANGELES 182 915 99 4% 1 00000 4425 FIRST ST-LOS ANGELES 255 000 69 6% 53 211 00 4442 SEPULVEDA BLVD LA/CC 594 814 86 4% 80 015 00 4454 UCI IRVINE 59 976 1000% 4458 TAPO CYN SIMI VLY 2 957 391 1000% 4466 FIGUEROA/SEPULVEDA LACO SANI 2 453 930 1000% 4481 CERRITOS/EL RITO GLENDALE 1 197 605 1000% 4482 ALAMITOS RODGE LONG BEACH 408 474 1000% 4483 BOB HOPE AIRPORT BURBANK 13 177 103 99 4% 68 346 00 4492 TIERRA REJADA RD MOORPARK 3 167 306 1000% 4497 CALIFORNIA BLVD CSI ELECT 14 892 1000% 4499 CANTARA KAISER FOUND 100 078 81 6% 14 19000 4502 GARDEN GROVE SAKI 1 964 738 1000% 4505 TOPANGA/VICTORY WESTFIELD 2 597 572 999% 148800 4507 BRAND BLVD HATHAWAY 217 460 1000% 4508 ALVARDO TRANSIT LACRA 2 140 870 72 6% 52342600 4522 BELMONT PLAZA LONG BEACH 514 419 1000% 4523 BESS/LEORETTA KAISER 347 000 1000% 4524 VERDUGO/BARRINGTON GLENDALE 585 432 1000% 4526 LAKEWOOD BLVD DOWNEY 2 047 150 992% 1880100 4534 7TH/CATALINA HENSEL PHELPS 73 954 1000% 4535 SHENANDOAH EIS LAUSD 744 408 1000% 4549 RAMIREZ CANYON TORRES 400 835 99 5% 2 080 00 4552 JOHN WAYNE AIRPORT ORANGE CO 1 538 269 90 7% 12666700 4553 PACIFIC OCAST HWY DANA POINT 5 973 934 680% 211449200 4566 CLEVELAND HIS LAUSD 1 304 212 98 9% 16 024 00 4567 NO HOLLYWOOD ST LACRA 1 143 779 8 5% 934 049 00 4568 NUEVA VISTA ES BELL 206 362 1000% 4573 ATHERTON ST LONG BEACH 1 308 318 95 5% 5645700 4585 VARIOUS LOC WESTLAKE VILLAGE 2 125 397 1000% 4586 7TH ST LONG BEACH 1 782 650 1000% 4588 EAGLE ROCK HS LAUSD 1 145 867 994% 615800 4590 ROraL hvE SIMI vL 1 i91 856 98 5% 24 569 00 4592 MADERA RD SIMI VLF 711 585 1000% 4593 LOWELL E/5 LBUSD 541 572 1000% Page 1 of 4 WORK EXPERIENCE MAY 31, 2009 OPEN JOBS 2ND QUARTER 2009 EXCEL PAVING CO EST FINAL WORK WORK 8-6-09 CONTRACT COMPL BACKLOG 4595 MARINA H/S HBUHSD 3 305 000 995% 14 88700 4596 FMAS SYS BURBANh ARPRT U-l� --1 100 0 u 1 35800 dcig7 WTTCRiTAF/RnTDVFY 1"TT cc)l,�sl 1 12S 815 166/0 20746600 4598 CHEVIOT HILLS LOS ANGELES 777 869 550% 312 65500 4603 INGLEWOOD/CULVER PLAYA CAP 386 070 92 6% 28 623 00 4604 MADISON E/S REDONDO BEACH USD 45 000 855% 569800 4605 MWD WATERLINE RUDOLPF/SLET 1 809 170 272% 1 097 22400 4607 LACC CHILD DEV CTR CA CONSTR 36 549 100 0% 4608 TAXIWAI D LON BEACH 816 228 100 0% 4609 JUVENILE HALL ALCORN FENCE 476 412 781% 6565200 4611 USC ST IMPRV USc 1 800 000 75 2% 414 66200 4613 STORM DRAIN POL POLB 4 127 471 27 8% 2 783 99700 4615 PIER A WEST TUTOR SALIBA 1 l 70C 22 1°u 41 302 00 4616 PIER A WEST TUTDOR SALIBA 327 632 28 1% 235 691 00 4618 FED EX RAMP FEX EX BURB ARPRT 3 949 667 8 3% 321050200 4619 So REGION ES LAUSD 415 870 98 4% 4 961 00 4620 EAST LA HS TUCKER ENGR 17 5 2 2 S 79 0% 32 499 00 4621 VARIOUS LOC DANA POINT 60 527 70 4% 18 05000 4623 CANDLEBERRY AVE SEAL BEACH 1 508 369 2 3% 1 344 05700 4624 WASHINGTON/IND BNSF JOJMSPM CONTROLS 152 759 590% 45 18000 4625 EL PRESIDO LAINE AIRE 13 122 100 0% 4628 LIMECREST DR LACPW 220 002 995% 111900 4629 WASHINGTON BLVD PCL CONST 129 305 722% 3247600 4631 4 TH ST REMPREX 1 438 337 99 0% 9 478 00 4632 LACMA PH II MATT CONST 431 836 22 3% 291 35000 4635 JOHN WAYNE AIRPORT BALI CONS 15 536 100 0% 4636 VARIOUS STS ROLLING HILLS EST 178 414 100 0% 4637 DISNEYLAND TRENCH BALI CONS 9 985 100 0% 4638 DICKSON ENT FOSTER COMPTON USD 89 200 85 9% 11 941 00 4639 VARIOUS INTER BOEING CO 1 475 312 44 9% 732 54600 4640 BERTH 7 3/191 POLA 237 765 9 6% 192 277 00 4641 PUENTE HILLS LANDFILL LACO SANI 474 349 99 2% 3 700 00 4643 CAMPUS CAP PLAYA VISTA 443 335 1 6% 423 216 00 4646 CALIFORNIA HATHAWAY 37 708 100 0% 4647 WOOD AVE FULLERTON 1 075 000 10 6% 880 962 00 4648 BANDINI BNSF 4S4 993 0 6% 421 80900 4649 SUNNYMEAD BLVD MORENO VLY 2 4S6 972 0 7% 2 214 886 00 4651 BALBOA/VICTORY LOS ANGELES 1 397 499 2 9% 1 233 522 00 4652 LA AIR FORCE BASE RMA LAND 10 890 1000% 4653 GETTY CENTER HATHAWAY 6 700 100 0% 4654 WESTERN AVE MOOG INC 7 240 92 6% 44400 4655 ARTESIA PILAR SANTA ANA 1 676 293 21% 1 509603 00 4656 RTE 23/118 SIMI VLY 31 998 100 0% 4657 FREMONT ST ALHAMBRA 4 617 4 6% 219900 4658 LA PALMA AVE PCL CONT 723 223 0 0% 592 18600 4659 VARIOUS STS PV EST 204 212 1 3% 183 842 00 4660 GOODE AVE HATHAWAY 262 440 221% 13247700 4661 BIKE ROUTES LONG BEACH 277 703 0 6% 258 334 00 4662 VARIOUS ACHOOLS COMPTON 127 142 1 8% 10560000 Page 2 of 4 WORK EXPERIENCE FEBRUARY 28 2009 CLOSED JOBS 1ST QUARTER 2008 2009 EXCEL PAVING CO 8-6-09 FINAL CONTRACT JOB NO PRO IF('T NAME PArC);,100T 3843 LAUREL CYN BLVD LOS ANGELES 807 100 4103 HOWLAND CNL CRT LA 299 025 4129 MT SAC WALNUT 910 385 4211 VARIOUS LOC LONG BEACH 306 515 4282 LOOP & PARK PL IRVINE 1 112 969 4319 REDONDO AVE LONG BEACH 221 979 4339 VARIOUS LOCATIONS LONG BEACH 1 353 277 4415 CASE AVE LOS ANGELES 186 308 4416 STIMSON AVE LA PUENTE 396 099 4434 IMPERIAL HWi DUwIQEi - 121 81t 4443 INGLEWOOD AVE REDONDO BCH 540 525 4468 LACC LOS ANGELES 6 085 4490 VARIOUS LOC LB TRANSIT 879 832 4515 GRAND AVE MT SAC 224 919 4516 TUSTIN & 1ST ST MCCARTHY 233 937 4530 VARIOUS LOCATIONS CULVER CITY 801 667 4531 LONG BEACH CALCARTAGE 18 500 4541 CAMINO REAL REDONDO BCH 444 555 4545 BERTHS 261 267 CONNELLz PhC li-IC_ 1 /4 979 4548 NORMANDIE KAISER 58 823 4558 LA PALMA AVE PENNER 15 895 4559 BERTH 302-305 POLA 0 4569 MIDWAY/39TH PL LONG BEACH 6 353 4571 AVE 45 HUNTINGTON PARK 76 100 4572 VARIOUS LOC LONG BEACH 147 364 4574 SOUTHERN/GARFIELD SO GATE 27 300 4577 SLAUSON OVERPASS BELL 74 614 4578 PACOIMA MS TORRES 13 892 4582 ST IMROV INGLEWOOD 548 259 4583 OLYMPIC/CENTINELLA SANTA MONICA 1 961 558 4584 VARIOUS LOC SANTA ANA 3 570 920 4587 COLUMBUS EIS PANKOW 224 715 4591 LAS BRISAS SIGNAL HILL 146 749 4594 ALDRICH PARK UCI 907 704 4599 VARIOUS SCHOOLS 837 133 4600 ANCHORAGE/SHOR RE SCHAFER 7 710 4606 PERRY LINDSEY ACADEMY LBUSD 1 074 447 4612 KAISER VENTURA BLV KAISER PERM 43 997 4626 VAN NESS BUNTICH 4 850 4627 SHEILA ST ELECTRO 2 698 4630 LAMAR/MAIN ELECTRO 33 320 4633 DISNEYLAND BAKERY BALI CONS 16 876 4642 JAMES WOOD AVE FED OF LABOR 8 388 4645 USC SCH ARTS HATHAWAY 19 130 4650 SPEED HUMPS PASADENA 38 130 Page 3 of 4 WORK EXPERIENCE NOVEMBER 30 2008 CLOSED JOBS 4TH QUARTER 2008 EXCEL PAVING CO 8609 FINAL CONTRACT JOB NO PROJECT NAME AMOUNT 4240 rMR 0TV/DT nV21 ItTcm a 938 4247 7TH/710 FRWY v LONG BEACH 606 153 4296 GLENDALE BLVD LOS ANGELES 597 309 4359 MICHELSON BLVD IRVINE 2 909 722 4359 LOOP ROAD 0 4359 MICHELSON DR 0 4367 GRANADA AVE LA MIRADA 564 180 4377 PIER E PORT LB 5 295 408 4393 JEFFERSON BLVD PLAYA VISTA 7 938 248 4417 PROSPECT TUSTIN 941 017 4421 LB TAXIWAY LONG BEACH 59 379 4427 05- 06 ST REHAB LAGUNA BCH 3 848 764 4448 MARYMOUNT HS 856 482 4452 GLENCOE LOS ANGELES 309 434 4463 SERVICE MOD EL CAMINO COLLEGE 147 800 4464 WASHINGTING/GRANDE BNSF 1 122 915 4467 VALLYHEART ST FRANCIS 135 875 4469 HALDEMAN RD RUSTIC CYN HOA 58 395 4470 LATIMER RD RUSTIC CYN HOA 66 500 4480 EAST OLIVE AVE BURBANK 313 656 4500 CAMPUS/ARTISAN CSI ELECT 0 4501 GAGE AVE BELL 25 375 4504 BERENDO M S TORRES CONST 207 053 4506 VARIOUS LOC CO OF ORANGE 32 744 4509 ROSCOE BLVD KAISER FOUND 100 937 4518 NORMANDIE ARB STRUCTURES 94 545 4521 ZANE GREY HIS TORRES 75 326 4525 TAPER AVE SCH TORRES 108 842 4527 SUNNY BRAE SCH TORRES 15 345 4528 GETTY CENTER HATHAWAY 37 887 4529 NORTHRIDGE MIS TORRES 6 542 4532 SAN MIGUEAL EIS TORRES 315 091 4536 W 4TH ST BNSF 265 323 4538 PERSHING DR CSI ELECT 76 194 4547 WRIGHT MIS TORRES 99 389 4554 BLUFF CREEK FINVEST 91 269 4555 VICTORY BLVD NO HOLLYWOOD 429 749 4557 DACOTAH EARLY ED TORRES 159 273 4561 BESS/LEORITA BALDWIN PARK 15 866 4563 NICHOLS/BELSITO BALI CONST 405 647 4579 KAISER/NORMANDIE KAISER 8 225 4580 CAL ST NORTHRIDGE 6 200 4581 E 26TEST BNSF 296 935 4601 SHEILA/INDIANA ELECTRO CONST 8 ''84 4610 SEPULVEDA BLVD B & D CONST 8 939 4617 SEPULVEDA BLVD B & D CONST 16 600 4634 RIVERA RD SPRKLR UNION 27 441 4644 MGM DR HATHAWAY 47 068 Page 4 of 4 Work Experience Report November 30, 2008 Excel Paving Co Open Jobs 2008 12/14/08 Open Jobs 4th Quarter EST FINAL % WORK CONTRACT WORK BACKLOG Job No PROJECT NAME AMOUNT COMPL 3843 LAUREL CYN BLVD LOS ANGELES 807 100 100 0% 4042 TUDOR WEST/UCLA JOBS 2 339 610 100 0% 4093 SAN FERN VLY LA 1 473 973 100 0% 4103 HOWLAND CNL CRT LA 299 925 100 0% 4126 UNIVERSITY AVE RIVERSIDE 2 067 233 99 9% 2 486 4129 MT SAC WALNUT 910 385 100 0% 4165 EL TORO RD LK FOREST 11 091 333 99 6% 41 984 4211 VARIOUS LOC LONG BEACH 306 515 99 8% 4232 VALENCIA MESA FULLERTON 930 000 92 8% 66 955 4240 LINCOLN BLVD CALTRANS 11 970 000 100 0% 4240 CMB QTY/PLAYA VISTA 8 938 0 0% 8 938 4242 CHANDLER/LANKERSHIM LOS ANGELES 5 421 529 100 0% 4245 LINNIE CANAL LOS ANGELES 351 920 100 0% 4247 7TH/710 FRWY LONG BEACH 606 153 99 9% 4266 CENTINELA AVE LOS ANGELES 2 880 145 100 0% 4282 LOOP & PARK PL IRVINE 1 112 969 100 0% 4295 CULVER BLVD VISTA DEL MAR 1 601 060 100 0% 4296 GLENDALE BLVD LOS ANGELES 597 309 100 0% 4302 VERMONT AVE LOS ANGELES 1 392 670 100 0% 4319 REDONDO AVE LONG BEACH 221 979 100 0% 4324 USC FIGUEROA& JEFFERSON 1 585 000 100 0% 4328 HIGHLAND AVE LOS ANGELES 3 582 540 96 0% 142 898 4329 SUNSET BLVD LOS ANGELES 2 062 587 99 9% 1 291 4330 HARBOR GATEWAY LOS ANGELES 2 722 826 100 0% 4339 VARIOUS LOCATIONS LONG BEACH 1 353 277 100 0% 4340 SLAUSON AVE CULVER CITY 2 550 397 90 2% 249 935 4348 PH 3 PIER T LONG BEACH 23 552 507 100 0% 2 291 4359 MICHELSON BLVD IRVINE 2 909 722 99 7% 8 529 4367 GRANADA AVE LA MIRADA 564 180 100 0% 4370 ALAMEDA ST LOS ANGELES 3 163 392 90 3% 308 049 4377 PIER E PORT LB 5 295 408 100 0% 4393 JEFFERSON BLVD PLAYA VISTA 7 938 248 100 0% 4408 HOLLYWOOD WAY BURBANK 23 710 100 0% 4413 VERMONT LOS ANGELES 182 915 100 0% 4415 CASE AVE LOS ANGELES 186 308 100 0% 4416 STIMSON AVE LA PUENTE 397 215 100 0% 4417 PROSPECT TUSTIN 938 817 99 6% 3 312 4421 LB TAXIWAY LONG BEACH 59 379 100 0% 4425 FIRST ST LOS ANGELES 230 000 58 4% 95 597 4427 05 06 ST REHAB LAGUNA BCH 3 848 764 100 0% 4434 IMPERIAL HWY DOWNEY 2 427 816 99 7% 8 309 4442 SEPULVEDA BLVD LA/CC 596 857 100 0% 4443 INGLEWOOD AVE REDONDO BCH 540 525 100 0% 4448 MARYMOUNT HS 856 482 100 0% 11 30 08 WIP8 12 14 2008 Op J b Page 1 of 14 1-21--09 Work Experience Report November 30, 2008 Excel Paving Co Open Jobs 2008 12/14/08 Open Jobs 4th Quarter EST FINAL % WORK CONTRACT WORK BACKLOG ddF2 f�LEnirnG LVJ IIIVGELCJ .SU`J 4.i4 lUU U/o 4454 UCI IRVINE 59 976 100 0% 4458 TAPO CYN SIMI VLY 2 957 391 100 0% 758 4463 SERVICE MOD EL CAMINO COLLEGE 147 800 100 0% 4464 WASH INGTING/GRANDE BNSF 1 122 915 100 0% 4466 FIGUEROA/SEPULVEDA LACO SANI 2 463 930 100 0% 4467 VALLYHEART ST FRANCIS 135 875 100 0% 4468 LACC LOS ANGELES 6 085 100 0% 4469 HALDEMAN RD RUSTIC CYN HOA 58 395 100 0% 4470 LATIMER RD RUSTIC CYN HOA 66 500 100 0% 4480 EAST OLIVE AVE BURBANK 313 656 100 0% 4481 CERRITOS/EL RITO GLENDALE 1 197 605 100 0% 4482 20TH/REDONDO LONG BEACH 408 474 100 0% 4483 BOB HOPE AIRPORT BURBANK 13 177 103 99 3% 91 795 4490 VARIOUS LOC LB TRANSIT 879 832 100 0% 4492 TIERRA REJADA RD MOORPARK 3 167 306 100 0% 4497 CALIFORNIA BLVD CSI ELECT 14 982 100 0% 4499 CANTARA KAISER FOUND 82 000 21 2% 64 631 4500 CAMPUS/ARTISAN CSI ELECT 4200 0 0% 4200 4501 GAGE AVE BELL 25 375 100 0% 4502 GARDEN GROVE SANI 1 967 739 100 0% 4504 BERENDO M S TORRES CONST 207 053 100 0% 4505 TOPANGA/VICTORY WESTFIELD 2 520 000 98 9% 27 394 4506 VARIOUS LOC CO OF ORANGE 32 744 99 9% 4507 BRAND BLVD HATHAWAY 217 460 96 7% 7 193 4508 ALVARDO TRANSIT LACRA 2 140 870 69 0% 663 657 4509 ROSCOE BLVD KAISER FOUND 100 937 100 0% 4515 GRAND AVE MT SAC 224 919 100 0% 4516 TUSTIN & 1ST ST MCCARTHY 233 937 100 0% 4518 NORMANDIE ARB STRUCTURES 94 545 100 0% 4521 ZANE GREY H/S TORRES 75 326 100 0% 4522 BELMONT PLAZA LONG BEACH 427 634 100 0% 4523 BESS/LEORETTA KAISER 251 657 100 0% 4524 VERDUGO/BARRINGTON GLENDALE 577 656 99 9% 4525 TAPER AVE SCH TORRES 108 842 100 0% 4526 LAKEWOOD BLVD DOWNEY 2047 150 92 0% 164 456 4527 SUNNY BRAE SCH TORRES 15 345 100 0% 4528 GETTY CENTER HATHAWAY 37 887 100 0% 4529 NORTHRIDGE M/S TORRES 6 542 100 0% 4530 VARIOUS LOCATIONS CULVER CITY 801 667 100 0% 4531 LONG BEACH CALCARTAGE 13 577 100 0% 4532 SAN MIGUEAL E/S TORRES 315 091 100 0% 4534 7TH/CATALINA HENSEL PHELPS 73 954 100 0% 4535 SHENANDOAH E/S LAUSD 744 408 99 8% 1 585 11 30 08 WIPS 12 14 2006 oP J b Page 2 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co Open Jobs 2008 12/14108 Open Jobs 4th Quarter EST FINAL % WORK CONTRACT WORK BACKLOG 40,Rb VV 4 1 H b I BNSF 265 323 100 0% 4538 PERSHING DR CSI ELECT 76 194 100 0% 4541 CAMINO REAL REDONDO BCH 444 555 100 0% 4545 BERTHS 261 267 CONNELLY PACIFIC 174 979 99 9% 4547 WRIGHT M/S TORRES 99 389 100 0% 4548 NORMANDIE KAISER 58 500 83 7% 9 559 4549 RAMIREZ CANYON TORRES 400 836 99 5% 2001 4552 JOHN WAYNE AIRPORT ORANGE CO 1 538 269 90 7% 143 001 4553 PACIFIC OCAST HWY DANA POINT 5 792 241 46 6% 3 095 493 4554 BLUFF CREEK FINVEST 91 269 100 0% 4555 VICTORY BLVD NO HOLLYWOOD 429 749 100 0% 4557 DACOTAH EARLY ED TORRES 159 273 100 0% 4558 LA PALMA AVE PENNER 15 895 100 0% 4559 BERTH 302 305 POLA 35 000 3 5% 33 773 4561 BESS/LEORITA BALDWIN PARK 15 866 100 0% 4563 NICHOLS/BELSITO BALI CONST 405 647 100 0% 4566 CLEVELAND H/S LAUSD 1 269 712 95 2% 60 824 4567 NO HOLLYWOOD ST LACRA 1 143 779 8 5% 1 046 619 4566 NUEVA VISTA ES BELL 206 362 100 0% 4569 MIDWAY/39TH PL LONG BEACH 6 853 100 0% 4571 AVE 45 HUNTINGTON PARK 76 100 100 0% 4572 VARIOUS LOC LONG BEACH 153 371 37 8% 95 447 4573 ATHERTON ST LONG BEACH 1 322 726 92 3% 102 324 4574 SOUTH ERN/GARFIELD SO GATE 27 300 100 0% 4577 SLAUSON OVERPASS BELL 74 614 100 0% 4578 PACOIMA MS TORRES 13 894 100 0% 4579 KAISER/NORMANDIE KAISER 8 225 100 0% 4580 CAL ST NORTHRIDGE 6200 100 0% 4581 E 26THST BNSF 296 935 100 0% 4582 ST IMROV INGLEWOOD 548 259 100 0% 4583 OLYMPIC/CENTINELLA SANTA MONICA 1 961 558 98 9% 21 525 4584 VARIOUS LOC SANTA ANA 3 636 816 99 9% 5 446 4585 VARIOUS LOC WESTLAKE VILLAGE 2 125 397 100 0% 4586 7TH ST LONG BEACH 1 713 347 99 9% 927 4587 COLUMBUS E/S PANKOW 225 945 94 6% 12 270 4588 EAGLE ROCK HS LAUSD 991 991 92 3% 76 168 4590 ROYAL AVE SIMI VLY 1 791 856 93 6% 113 798 4591 LAS BRISAS SIGNAL HILL 142 749 99 5% 4592 MADERA RD SIMI VLY 711 585 100 0% 4593 LOWELL E/S LBUSD 541 662 100 0% 4594 ALDRICH PARK UCI 907 704 100 0% Page 3 of 14 1-21-09 11 3000 WIPS 12 14 200E Op J b Work Experience Report November 30, 2008 Excel Paving Co Open Jobs 2008 12/14/08 Open Jobs 4th Quarter EST FINAL % WORK CONTRACT WORK BACKLOG 4595 MARINA N/C nounsD 3 215 000 86 6% 432 035 4596 EMAS SYS BURBANK ARPRT 3 642 247 99 9% 1 957 4597 WILSHIRE/FAIRFAX MATT CONST 1 071 699 46 5% 572 826 4598 CHEVIOT HILLS LOS ANGELES 777 869 54 2% 356 169 4599 VARIOUS SCHOOLS 837 132 100 0% 4600 ANCHORAGE/SHOR RE SCHAFER 7 710 100 0% 4601 SHEILA/INDIANA ELECTRO CONST 8 784 100 0% 4603 INGLEWOOD/CULVER PLAYA CAP 374 797 86 4% 51 113 4604 MADISON E/S REDONDO BEACH US 39 300 100 0% 4605 MWD WATERLINE RUDOLPFISLET 1 809 170 1 9% 1 774 728 4606 PERRY LINDSEY ACADEMY LBUSD 1 034 834 99 9% 1 516 4607 LACC CHILD DEV CTR CA CONSTR 29 079 71 2% 8 389 4608 TAXIWAI D LON BEACH 816 228 100 0% 4609 JUVENILE HALL ALCORN FENCE 452 834 10 4% 405 839 4610 SEPULVEDA BLVD B & D CONST 8 939 100 0% 4611 USC ST IMPRV USC 1 717 400 34 9% 1 118 308 4612 KAISER VENTURA BLV KAISER PERM 43 997 98 2% 807 4613 STORM DRAIN POL POLB 4 688 404 12 1% 4 119 191 4615 PIER A WEST TUTOR SALIBA 121 706 12 3% 106 720 4616 PIER A WEST TUTDOR SALIBA 327 832 28 1% 235 691 4617 SEPULVEDA BLVD B& D CONST 16 600 91 0% 1 489 4618 FED EX RAMP FEX EX BURB ARPRT 3 493 821 2 8% 3395388 4619 SO REGION ES LAUSD 590 518 9 7% 533 215 4620 EAST LA HS TUCKER ENGR 57 000 100 0% 4621 VARIOUS LOC DANA POINT 94 600 17 5% 78 040 4622 D & E YARD CROSSINS LA JUNC RR 44 041 100 0% 4623 CANDLEBERRY AVE SEAL BEACH 1 415 869 1 7% 1 391 826 4624 WASHINGTON/IND BNSF JOJMSPM CONTROLS 74 988 91 6% 6 326 4625 EL PRESIDO LAINE AIRE 13 500 100 0% 4626 VAN NESS BUNTICH 4 850 100 0% 4627 SHEILA ST ELECTRO 2 698 100 0% 4628 LIMECREST DR LACPW 228 859 0 7% 227 325 4629 WASHINGTON BLVD PCL CONST 124 000 35 0% 80 638 1130-00 WIPS12142006 OD J b Page 4 Of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co Open Jobs 2008 12/14/08 Open Jobs 4th Quarter EST FINAL % WORK CONTRACT WORK BACKLOG 4630 LAMAR/MAIN ELECTRO 31 900 100 0% 4631 4TH ST REMPREX 1 420 000 49 4% 719 049 4632 LACMA PH II MATT CONST 352 051 17 6% 290 001 4633 DISNEYLAND BAKERY BALI CONS 16 876 100 0% 4634 RIVERA RD SPRKLR UNION 27 441 100 0% 4635 JOHN WAYNE AIRPORT BALI CONS 15 536 100 0% 4636 VARIOUS STS ROLLING HILLS EST 178 414 82 3% 31 653 4637 DISNEYLAND TRENCH BALI CONS 9 985 100 0% 4638 DICKSON ENT FOSTER COMPTON USD 94 603 1 4% 93 299 4639 VARIOUS INTER BOEING CO 1 303 476 0 1% 1 301 812 4640 BERTH 73/191 POLA 237 765 0 0% 237 765 4641 PUENTE HILLS LANDFILL LACO SANI 447 645 2 8% 435 270 4642 JAMES WOOD AVE FED OF LABOR 8 388 100 0% 4643 CAMPUS CAP PLAYA VISTA 336 600 1 0% 333 330 4644 MGM DR HATHAWAY 47 068 57 1% 20 196 4645 USC SCH ARTS HATHAWAY 19 130 19 4% 15 417 4646 CALIFORNIA HATHAWAY 37 426 0 0% 37 426 4647 WOOD AVE FULLERTON 1 090 322 0 8% 1 081 204 4648 BANDINI BNSF 454 993 0 0% 454 993 11 30 08 W"5'2 14 2008 Op J° Page 5 of 14 1-21-09 Work Experience August 31 , 2008 Excel Paving CO Closed Jobs 3rd Quarter 2008 01/20/09 FINAL rONTRACT .SOB NO PROJECT NAME AMOUNT 3947 TUSTIN AVE ANAHEIM 4 370 876 3959 SANTA MONICA BLVD LOS ANGELES 49 757 848 4062 SANTA MONICA/MWD 7 739 622 4164 KENNEDY HS ANAHEIM 1 037 004 4316 MONTROSE AVE LACPW 2 447 026 4332 SO BRAND BLVD GLENDALE 2011 346 4336 VERMONT AVE GARDENA 1 204 230 4337 MCFADDEN AVE 1 121 382 4374 WOODRANCH PKWY SIMI VALLEY 1 982 642 4401 NO MCLAY ST SAN FERNANDO 4 981 426 4414 TOPANGA/VICTORY LOS ANGELES 2 166 954 4420 VERMONT AVE LOS ANGELES 915 500 4429 RANDALL ST ORANGE CO 824 976 4435 NATIONAL BLVD CAL TRANS 90 524 4440 226TH ST HAWTHORNE 92 155 4451 OVERLAY SANTA CLARITA 5 503 565 4471 ANAHEIM ST LB TRANSIT 244 032 4474 NO LOOP RD HATHAWAY 2 996 158 4479 UNION AVE SNYDER LANGSTON 55 297 4486 BLUFF CREEK DR COLICH & SONS 207 560 4491 WESTFIELD CENTER ARCADIA 29 118 4493 FREEMAN DR CALABASAS 82 619 4495 PORT OF LB RYAN CO 16,091 4498 VAGABOND STRM DRN MONTEREY PARK 89 325 4514 FOOTHILL BLVD BERNARDS 81 317 4520 AMBLER AVE SCH TORRES 134 849 4537 26TH ST/VERNON CBRE 52 143 4540 EVEWARD RD DLSB 47 967 4544 BURBANK AIRPORT BURBANK AIRPORT 16 585 4551 GEPRGE BURNS AVE WEST HOLLYWOOD 39 219 4556 GARVEY AVE REYES CONST 38 218 4565 AVE OF STARS HATHAWAY 9 375 4575 DOUGLAS/EL SEGUNDO EL SEGUNDO 4 300 4589 WILSHIRE DR PSOMAS 32 190 4602 CALSTATE HATHAWAY DIN 9 386 4614 LOMITA BLVD ELECTRO CONST 3 486 3rd Ot 8312008 WIPS CI dJ b5 s d d,20 zoos Page 6 of 14 1-21-09 Work Experience May 31 , 2008 Excel Paving CO Closed Jobs 2nd Quarter 2008 0112U1W) FINAL CONTRACT JOB NO PROJECT NAME AMOUNT 4123 ANAHEIM ST LONG BEACH 3 249 006 4365 WEIDLAKE IMPRV LOS ANGELES 465 183 4373 CENTURY PKG LOT E LOS ANGELES 736 152 4404 UCI IRVINE 22 443 4444 ALLEN AVE GLENDALE 279 890 4453 ST IMPRV INGLEWOOD 479 793 4456 EL DORADO HS LAUSD 794 632 4462 VIRGINIA ST EL SEGUNDO 92 774 4489 ENT PKG LOT BURBANK AIRPORT 380 925 4503 GRANADA HILLS TORRES CONST 50 496 4510 LIGGETT E S TORRES CONST 84 479 4513 LEAPWOOD E S TORRES CONST 142 331 4519 MOORPARK HIGHLANDS CHAPARRAL 616 202 4533 USC CINEMATIC HATHAWAY 2 134 4539 W BURBANK LOT BURBANK AIRPORT 63 382 4542 PASEO DEL MAR VAL VERDE 13 374 4546 ORCHARD ST BELL 19 375 4550 4TH ST CHLS KING 18 527 4560 ROSCOE BLVD WEST HILLS 2200 4562 J PAUL GETTY LOS ANGELES 17 079 4564 SPAZIER BURBANK 1600 4570 LOST E BURBANK AIRPORT 37 158 4576 VARIOUS LOC DANA POINT 94 080 2 d Qt 5 01 08 WIPS CI d J b O ly Sort d 1 20 2009 Page 7 of 1-21-09 Work Experience February 28, 2008 Excel Paving Co CLOSED JOBS 2007- 2008 07/08/08 JOB SALES NO PROJECT NAME AMOUNT 3704 TAXIWAY D L B AIRPORT 3 720 722 3865 2627 HOLLYWOOD BURB/GLEN/AIRP 377 031 4084 SAND CANYON IRVINE 720 447 4088 ANNUAL RD RESURF DANA POINT 1 490 592 4099 03 ST IMPRV INGLEWOOD 593 520 4144 CASE AVE LA 432 963 4157 YUPLACENTIA FULLERTON 137 338 4176 SILVER LAKE LOS ANGELES 1 317 464 4182 UCLA LOS ANGELES 38 066 4182 UCLA CAMPUS LOS ANGELES 103 828 4218 ASHCROFT/ROBERTSON LOS ANGELES 52 900 4233 VAN BUREN VLD CO RIVERSIDE 2 461 429 4237 S/W AREA LAX 4 876 048 4253 S A STADIUM SANTA ANA 397 289 4257 MIRAMONTE ES LOS ANGELES 677 111 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237 063 4274 HARBOR BLVD LOS ANGELES 1 249 459 4275 CLAY MS LOS ANGELES 620 819 4281 HILLCREST ES LOS ANGELES 903 237 4306 10TH ST LONG BEACH 1 192 729 4307 NEWPORT SHORES NEWPORT BEACH 1 584 279 4309 KING MS LOS ANGELES 985 753 4314 PARK PLACE IRVINE 998 231 4314 PARK PL PKG 76 267 4317 BERTHS 226 236 POLA 2 811 047 4334 710 FRWY CALTRANS 700 680 4344 PKG LOT PH 1 RANCHO SANTIAGO CC 896 694 4346 DAMON CONSTELL OF STARS 202 454 4347 HAMILTON HS LOS ANGELES 603 569 4349 FIRESTONE BLVD SEPULVEDA DEV 325 075 4353 FOUNTAIN VLY HS HUNT BCH UHSD 1 074 427 4354 LA BREA AVE WEST HOLLYWOOD 496 890 4361 ORANGE AVE LAWNDALE 209 832 4362 ST REHAB LEISURE VILLAGE 799 326 4366 ANNUAL ST ALHAMBRA 651 988 4371 VARIOUS STS REDONDO BCH 960 788 4372 WALNUT ST SIMI VALLEY 412 988 4380 POINT FERMIN PASCHEN 359 607 4383 VERMONT AVE KAISER FOUND 117 035 4384 VERMONT AVE KAISER FOUND 182 820 R S ORY RE OR 2 P 200&BOBS l ve W S baM oBe J, OTRS 200 6 20 a P a g e 8 of 14 1-21-09 Work Experience February 28, 2008 Excel Paving Co CLOSED JOBS 2007- 2008 07/08/08 SALES AMOUNT 4385 VARIOUS STS INGLEWOOD 379 574 AIR7 Pai (lC \/PpnF-q np P\/ FQT QF n6n 4394 CLARA ST CUDAHY 556 434 4395 E LOOP RD IRVINE 363 771 4407 ORANGETHORPE BUENA PARK 1 038 513 4412 TRUNK SEWER REHAB CARSON 16 824 4418 PCH WILMINGTIN 22 830 4419 MICHELSON DR IRVINE 460 419 4424 BNSF TRACK 114 VERNON 1 108 470 4426 BNSF SHEILA AVE COMMERCE 528 245 4430 BNSF ESPARANZA YORBA LINDA 352 990 4431 HAVEN AVE RANCHO CUCUMONGA 155 069 4433 TRADE MARK IRVINE 29 025 4436 FULLER/GARNER WEST HOLLYWOOD 235 383 4439 DESOTO CHATSWORTH 9 437 4445 RAYMOND ST PASADENA 25 155 4446 EASTERN/BANDINI BNSF 73 995 4449 WILLOW LANE WESTMINSTER 132 524 4450 ST IMPRV LYNWOOD 766 795 4455 MAIN ST NT2 PRODUCTIONS 2 700 4457 ACCESS RD LOS ANGELES 499 954 4459 CLARK/SPRING LONG BEACH 70 775 4460 WASHINGTON/IND BNSF 171668 4461 CDR 233 UPGRADE 374 942 4465 CANTERA ST KAISER PERM 106 978 4472 BALL/HARBOR CHLS KING 16 626 4473 FIRST/BOYLE LOS ANGELES 60 771 4475 6TH/PCH BOVIS 10 886 4476 SLAUSON/VAN NESS MLADEN BUNTICH 23 570 4477 WEST LA COLLEGE LOS ANGELES 186 054 4478 VALLEY BLVD INDUSTRY 7 900 4484 UNIVERSITY HS TORRES CONST 88 537 4485 FLINTRIDGE HS LA CANADA/FL 1 400 4487 ROSEMEAD/SLAUSON BNSF 96 849 4488 GETTY CENTER GETTY TR 3 020 4494 SPAZIER ENVIRON 25 977 4496 POL SHOOTING LAGUNA BCH 51 837 4511 PIER F POLB B & D 3 100 4512 L ST WILLMINGTON BNSF 146 806 4517 18TH ST SANTA MONICA 15 198 4543 AMELIA AVE ROYAL ELECT 21 950 5 ORY E RT 3 78200& BOb W gee0 oDe JN b 0 RS IW R 1068 Page 9 of 14 1-21-09 Excel Paving Co Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO PROJECT NAME AMOUNT 3716 710 FWY PCH TO 405 21 510 942 3990 OCEAN BLVD LONG BEACH 1 196 229 4004 GREEN VALLY CIRCLE CULVER CITY 1 173 791 4024 UCLA KINROSS 2 329 669 4045 5 FRWY OR CO 180 290 4057 PALO VERDE HSG 611 836 4061 PANKOW BLDRS M B 720 917 4064 WALGROVE E S L A 767 069 4083 HARBOR BLVD FULLERTON 214 172 4098 BLEND E S LA 273 966 4102 DENA E S LA 177 306 4104 MOULTON PKWY CO OF ORANGE 478 612 4106 PIER S BRTH S102 S110 LONG BEACH 4 077 253 4109 VARIOUS STS REDONDO BEACH 761 751 4115 WASHINGTON BLVD CULVER CITY 741 069 4117 VANUYS AIRPORT VAN NUYS 620 336 4120 SOUTHGATE HS LOS ANGELES 681 858 4142 ROSECRANS LAWNDALE 233 216 4143 CALLE MIRAMAR REDONDO BCH 536 987 4156 STERRY E S LA 223 520 4160 WARNER ES LA 988 639 4161 ST OVERLAY SIMI VLY 704 970 4168 MARINA DEL REY LA 459 915 4169 CEN PK WEST LA 50 550 4174 SHERMAN OAKS CNTR RESEDA 1044,265 4175 GLEDHILL ES NO HILLS 506 079 4181 STATE ST ES LAUSD 334 787 4185 WHITTIER/PRESBY WHITTIER 7 400 4186 GETTY TRUST LOS ANGELES 850 4191 HARVARD AVE IRVINE 329 938 4192 COMPTON/61 ST LOS ANGELES 17 722 4195 NEW JOB SAN CLEMENTE 10 966 4196 MWD/SEARL HEMET 9 109 427 4197 LYNOOD USD LYNWOOD 1 520 919 4198 AGOURA BIKE AGOURA HILLS 1 032 236 4209 PCH/CATALINA LONG BEACH 657 469 4210 GLENDALE BLVD LOS ANGELES 36 630 4212 GLENDORA/HILL LA PUENTE 11 833 M MFM,� -3 2W any Page 10 of 1-21-09 Excel Paving Co Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO PROJECT NAME AMOUNT 4213 ALDAMA ST SCH 19 097 4214 PCH/ZUMIREZ MALIBU 453 886 4215 THE TOLEDO LONG BEACH 7 449 4216 REEVES/NAVY PORT OF LB 268 611 4217 KANAN RD/101 FRWY 13 589 4220 SO CENTRAL HS LOS ANGELES 54 026 4222 PKG LOT 6 MONROVIA 406 899 4224 SUNSET BLVD W HOLLWOOD 166 602 4227 SEWER REHAB REDONDO BCH 550 196 4229 BLDG 10 & 28 24 697 4230 VARIOUS LOC LOS ANGELES 441 551 4235 VICTORY BLVD CANOGA PARK 687 374 4243 ANDASOL ES NORTHRIDGE 131 502 4246 SOUTH ST ANAHEIM 492 994 4248 MANHATTAN & AVIATION REDONDO BEACH 49 589 4249 CAL TECH PKG PASADENA 39 406 4250 2 FRWY GLENDALE 13 200 4251 5M FRWY CAL TRANS 188 210 4254 PCH CAL TRANS 1 204 048 4256 GARDENA HS GARDENA 1 009 381 4258 N/E INTER SEWER LOS ANGELES 360 460 4259 LOMA VISTA ES LOS ANGELES 277 404 4261 MULHOLLAND DR LOS ANGELES 17 598 4263 BEVERLY VISTA ES BEVERLY HILLS 734 246 4265 INDIANA/WASH BNSF 15 290 4271 GETTY CENTER DR CENT CITY 28 907 4276 GETTY CENTER DR CENT CITY 262 399 4277 GETTY CENTER DR CENT CITY 4 384 4278 CLARK AVE LONG BEACH 517 203 4279 41 ST ST LOS ANGELES 440,218 4280 VIA ROSA/PV BLVD PV ESTATES 504 157 4284 CENT/LINC CULVER CITY 263 999 4286 WESTERN AVE TORRANCE 28 640 4287 GRAND AVE EL SEGUNDO 144 403 4289 LUGO E S LYNWOOD 15 435 4291 05 06 St Maint AGOURA HILLS 831 113 4292 PICO BLVD LOS ANGELES 67 308 4293 HOLLYWOOD WAY BURBANK ARPRT 38 800 4294 5 FRWY MISSION VIEJO 3 359 WnP-�2� � � Page 11 of 14 1-31-09 Excel Paving Co Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO PROJECT NAME AMOUNT 4297 VICTORY/TOPNGA LOS ANGELES 606 202 4298 ST JOSEPH S SCH LONG BEACH 2000 4300 PV LANDFILL LA SANI DIST 19 650 4301 MICHELSON IRVINE 201698 4304 MEDIA STUDIOS BURBANK 18 700 4310 VAIL/CLEVELAND MONTEBELLO 10 790 4311 PLAYA VISTA LOS ANGELES 16 854 4312 INDIANAIWASHINGTON BNSF 147 323 4315 190TH/GREENLANE REDONDO BEACH 2000 4318 RON REAGON FRWY SYLMAR 16 304 4321 SO EAST HS SOUTH GATE 12 000 4322 E PCH WILMINGTON 14 216 4325 BLUFF CREEK PLAYA VISTA 50 310 4326 BNSF IND & WASH COMMERCE 334 616 4327 UNION STATION LOS ANGELES 10 000 4331 OLIVE & LAKE BURBANK 12 876 4333 VINEYARD & SATURN LOS ANGELES 8 545 4335 CSI/BOEING-BOLSA HUNT BCH 101 500 4338 BNSF WASH & IND NERVON 37 840 4341 FIRE STATION BURBANK 0 4342 MOOG WESTERN WAY TORRANCE 37 031 4345 3355 EMPIRE BURBANK 79 193 4351 LAX-SO VAULT LOS ANGELES 26 514 4355 HAWTHORNE BLVD TORRANCE 4 000 4356 LAAFB RMA LAND 3 858 4357 PICO BLVD LOS ANGELEWS 20 400 4363 DUESLER LANE DUESLER ASSOC 36 000 4364 WASHINGTON BLVD PICO RIVERA 23 265 4375 VAN NUYS BLVD ARLETA 6 140 4376 OBSERVATORY RD LOS ANGELES 13 151 4379 E SOUTH ST MARKET RECYCLE 1 885 4382 FIGUEROA/JEFF LOS ANGELES 5 995 4386 INDIANA/WASH BNSF 83 456 Page 12 of 14 HKmyrA.20062W7 .S7 20M &2 2= 1-31-09 1 Excel Paving Co Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO PROJECT NAME AUr%lWT 3876 PARTHENIA LA 1 153 774 4067 DEL AMO BLVD LONG BEACH 393 459 4076 JESSE OWENS PK INGLEWOOD 562 447 4077 CHAPMAN/ST COLL FULLERTON 135 411 4112 BELMONT PIER LONG BEACH 479 513 4113 NO LONG BEACH LONG BEACH 1 673 247 4127 UNION STATION LOS ANGELES 429 149 4154 STS & ALLEYS W HOLLYWOOD 205 131 4177 COLD CANYON LOS ANGELES 481 211 4179 PE BIKE TRAIL UPLAND 2 418 540 4183 CAHUENGA LOS ANGELES 33 205 4189 AVE OF STARS CENT CITY 465 184 4205 DREW MID SCH LOS ANGELES 1 097 527 4206 107TH ST ES LOS ANGELES 400 544 4207 93RD ST ES LOS ANGELES 348 165 4226 MONTANOSO DR MISSION VIEJO 163 838 4236 THOMAS EDISON MS LAUSD 814 878 4241 BRACKETT ARFLD POMONA 373 977 4252 W PICO BLVD LOS ANGELES 518 766 4255 ROMOLAND CALTRANS 200 540 4260 WESTLAKE VILLAGE 958 888 4264 BELLA TERRA MALL HUNT BCH 3 166 715 4268 RANCHO CUCAMONGA RANCHO CUCAMONG 234 424 4272 CHIQUITA BLDG PORTOF LB 6 922 874 4273 UCLA CAMPUS LOS ANGELES 71 597 4281 PALISADES HS 1942 4285 MARLTON ES LOS ANGELES 278 427 4305 JEFF/CENTINELLA LOS ANGELES 1 486 623 4308 LAX AA MAINT AMERICAN AIRLINES 57 975 4313 SSA PKG LOT CO ORANGE 189 508 4320 CERRITOS PARK GLENDALE 305 537 4323 6TH & PCH HUNTINGTON BCH 16 092 4350 SHEILA ST BNSF 256 660 4352 PREV MAINT REDONDO BEACH 254 596 4358 EL MODENA ALLEY ORANGE 97 222 4360 BESS/LEORITA KAISER FOUND 300 107 4368 SCHOOLWOOD DR LA HABRA 170 908 4369 SHERMAN OAKS CNTR KBR SRV 39 323 4378 E SLAUSON AVE MARMOL RADZINER 60 718 4381 E 7TH ST INTERSCAPE 16 995 4388 PICO BLVD LOS ANGELES 22 255 HI ay Fll 2OW2W7—S 2M7 27 2W7 Page 13 of 14 s Excel Paving Co Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO PRr) 11:rT uwu` AMOUNT 4389 UPPER CLOVERLEAF RD MONROVIA 178 395 4390 COLDWATER CYN NO HOLLYWOOD 10 855 4391 U OF WEST ROSEMEAD 351 139 4392 OLDEN ST SYLMAR 92 684 4396 BURBANK AIRPORT BURBANK 18 283 4397 DURFEE/MICHAEL HUNT 17 989 4398 DIEMER PLANT MWD 116 205 4399 WARDLOW/CHERRY BOEING 156 900 4400 ELSMERE CARSON 7 780 4402 MOORPARK COLLEGE 91 578 4403 BNSF/WASH VERNON 506 615 4405 HAALAND DR THOU OAKS 148 500 4406 TROY H/S FULLERTON 321 451 4409 MAARKET ST SWR CHLS KING 5 270 4410 LOT A BURBANK ARPRT 47 124 4411 BRAVO BASE REPAIR LOS ANGELES 17 390 4422 PUENTE HILLS LACO SANI 12 500 4423 PIER J-BERTH 247 LONG BEACH 8200 4428 SIXTH ST SAN PEDRO 3200 4432 BURBANK AIRPORT BURBANK 43 500 4441 INDIANA/3RD BNSF 3 900 4447 PIER F LONG BEACH 8 300 H"FN 2W&2M m s-a � &n 2W Page 14 of 14 1-21-09 A Bond No Bid Bond 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 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 Obhgee in the sum of Ten percent of the total amount of the hid Dollars ($10% ) for the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves our hens executors administrators successors and assigns Jointly and severally firmly by these presents WHEREAS the Principal has submitted a bid for Various Residential Street Overlay(474) 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 firmrshed 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 17th day of June 2010 PALP Inc dba Excel Paving Company Witness Principal (Seal)BROWN By rr L PRESIDENT Name/Title Federal Insurance Compan) Surety (Seal) By witness Douglao Rapp Attorney-i*t Fact ORSC 21328(5197) r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 06/17/2010 beforeme, Debra Swanson, Notary Public (Here insert name and tide of the officer) personally appeared Douglas A Rapp who proved to me on the basis of satisfactory evidence to be the person(4)whose name(,j) is/we subscribed to the within Instrument and acknowledged to me that he/she4Wy executed the same in his4wAhew authorized capacity(+"), and that by his4w/*w slgnatwv(4)on the tnstiument the person(6),or the entity upon behalf of which the person(*)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct .+a"1° ►�WITNESS my hand and official seal N °�, DEBRA SWANSONCOMM 01822117 ;D �► NOTARY ASUC•CALlfO M X " ORANGE COUNTY (Notary seal) My Caron.Exp1m Noss 10 2012 signature of NotaryPubirilpcq' VIM ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 4V aebtowltdgnww cwttpltied In Caf&?da must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT gpptars above In dw notary recdon or a separrue acbnowledgment form must be prcpaty completed and alladW to deal document The only exception is if a document is to be reowded outside of Cal(fbi a In such instances any alrernarrve (Tick or desaiption of anachod document) acitnowladgmew verbiage as may be pnnted on such a document so long as the wrbkge does not require the notary to do something that is illegal for a notary in C41(forrda (t.t carrijyung the awhonzed capacity of the signer) Please chect the (Title or description of attaeliod document eomauod) document carejullyfor proper notarurl wording and anach dus form f f regwred Number of Pages Document Date State and County wfomtaton must be the state and County wherem the document a8 signor(#)pensorully appear'ad before the rotary public for acknowledgmcrit_ • Dale of ootan atim mat be the date that the signers)personally appeared which mat also be the terra date tiie acknowledgment is completed (Additional information) The notary public must pent tus or her name as it appears within his of her commtsston followed by a comma and then your title(notary public) Print the aamo(s)of document stgner(s) who p=3o ally appear at die curie of oOAM2tioa CAPACITY CLAIMED BY THE SIGNER • ladnew the correct mar or plural forms by aossmg oft meorma forms(i e S ❑ Individual(s) Syr is/me)a cadmg the correct forms Failure to correctly indicate this mtormadon may toed to tejocmon of document recording ❑ Corporate Officer • The notary seal unprea im mat be clear and photographically reproducible Impression mat not cover text or lines if scat impression smudges re scar if a (Tale) sufficient area permits otherwise complete a dtiterent ack nowledgmeni form ❑ Partner(s) Stgnawre of the notary public must match the signature on file with the office of the county deck. ❑ Attorney tin Fact a o Additional information u not required but could Wp to auure thus ❑ Trust*s) w1 owtedgmoat is mot nusused or attachod to a diffeirent documcnl ❑ Other O Indicate tide or type of attw ed document number of pages and date d Imdtcat die capacity claimed by the signer If the claimed capacity is a corporate officer indicate the tide(i e CEO CFO Socretary) securely attach this document to the signed document 2008 Venton CAPA v 12 10 07 800-87}-996S www NotaryChma com Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren NJ 07059 Know All by These Presents That FEDERAL INSURANCE COMPANY an Indiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANY a Wisconsin corporation do each hereby constitute and appoint Linda D Coats,Matthew J Coats Douglas A. Rapp and Timothy D Rapp of Laguna Hills California-------- each ds their true and idwful Attorney in-Fact to execute under such designation n their names and to afrx their corporate seats to and deliver for and on their behalf as surety thereon or otherwise bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business and any instruments amending or altering the same and consents to the modification or alteration of any instrument referred to in said bonds or obligations In Witness Whereof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of November,2009 c IZenneth C endel Assistant Secretary Norris Jr Vice P nt STATE OF NEW JERSEY ss County of Somerset On this 16th day of November 2009 before me a Notary Public of New Jersey personally came Kenneth C Wendel to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney and the said Kenneth C Wendel being by me duly sworn did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By Laws of said Companies and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B Norris Jr and knows tam to be Vice President of said Companies and that the signature of David B Norris Jr subscribed to said Power of Attorney is in the genuine handwriting of David B Norris Jr and was thereto subscribed by authority of said By Laws and in deponents presence Notarial Seal KATHERINE J ADEtAAR �p NOfAPY PUBLIC OF NEW JERSEY �pTAR 2316685i►4r = CapmlaonfrPre;July 16 ulyld 2014 ✓ /� PUBL Notary Public ERg� CERTIFICATION Extract from the By Laws of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary under the r respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the following officers.Chairman President any Vice President any Assistant Vice President any Secretary any Assistant secretary and the seal of the Company may be of xeci by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached i Kenneth C Wendel Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY (the Companies)do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct (i) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U S Treasury Department further Federal and Vigilant are licensed in Puerto Rico and the U S Virgin Islands and Federal is licensed in American Samoa Guam and each of the Provinces of Canada except Prince Edward Island and (nQ the foregoing Power of Attorney is true correct and in full force and effect Given under my hand and seals of said Companies at Warren NJ this June 17, 2010 00 • * S r / u• 1AMP t •itM�N +'�`WYOat"a I �� 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 3493 Fax(908)903 3656 email 3uretygchubbcorri Form 15-10 0225E U (Ed 5 03) CONSENT i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County o1 Los Angeles On _ _ 2u10 before me C Phillips, Notary Public _ --—(I lue tnsut name and utic Of the oiln,c.r) personally appeared PALP DBA EXCEL PAVING CO BY C P BROWN, PRESIDENT _ who pr oved to me on the basis of satisfactory t.videfte to bL the pci,,on(s)whose,name(,,)is/itW subsci ibed to the within instrument and acknowledgement to me that he%slcs they cxecutc d the same in h►,,&x%Ak= authorized capacity(ies) and that by hisftwAkupr signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument I certify under PENAL I Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS m ha and official seal COMMP#180 S y E* Notary M #1809755 n P-iblic-California OS ANGELES COUNTY(Notar) Scil) omm Expires Aug 16 2012 Si,nature of 11q Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THiS FORM Any ackno ledg new completed in Cali/or nra nu st contain vet brage ezacil) as appears above in the notar7 section or a separate acknoir ledgment jot in must be propel t) completed and attached to that document The only exception is f a DESCRIPTION OF THE ATTACHED DOCUMENT docrtnrent is recorded oitiside ofCalfornia In such instances anyalteinatrve acknou ledgment verbiage as ma} be pi inted on such a document so long as the BIDDER S BOND SIGNATURE PAGE vei brage does not i equip the notary to do something that rs illegal for a notar} in Cab&nra(t a certh ing the author i ed capacti) of the signet) Please check the (Title or description of attached document) document catefrdl)for proper notarial u aiding and attach thisfornr fiequaed State and County information must be the State and County m+here the document (Title or description of attached document continued) srbner(s)personally appeared before the notary public for acknowledgment Date of notarization must be the date that the signer(s)personally appeared which Number of Pages must also be the same date the acknowledgment is completed The notary public must print his or her name as it appears within his or her commission followed by a comma and then}our title(notary public) Document Date Print the name(s) of document signer(s) who personally appear at the time of notarization Indicate the correct smoular or plural forms by crossing off incorrect torms(i e Additional information to/she/the r y is/are)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording The nntary "ai imnrees on mast he clear and ohotoeranhiealIv reproducible CAPACITY CLAIMED BY THE SIGNER Impression must not cover te\t or Imes If seal impression smudges re seal if a sufficient area penmts otherwise complete a different acknowledgment form Signature of the notary public must match the signature on file ins ith the office of the ❑ Individual(-s) count-,cleat. ❑ Corporate Officer 'ldditional mfonuetion is not required but could help to ensure this ac.knomi ledgment is not misused or attached to a different document (title) Indicate title,or type of attached d0(.riill Uit number of paves and date El Partner (S) Indic-ib the,ipauty clammed b) the signer iI the claimed capacit) is a corporate offic r indicate the tads(i e CCO CFO Secretor)) ❑ Attorney in Fact Sec,ureh attmch this document to the sibned document ❑ Othi,r PALE INC D0A EXCEL PAVING COMPANY 2230 LEMON AVENUE LONG BEACH,CA 90806 C�,�L ?rr u-a r Li O j WNCLOSED SEALED BID ENCLOSED SEALED BID ENCLOSED C� N SEALED B -v-ko (� 2 , w IND UATE *5 ��- �..__ Certification of Compliance with Title VU 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 VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract Project The undersigned contractor on the above-referenced project ( Project ) hereby certifies that it has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246 and has not discriminated against any employee or applicant for employment because of race creed color sex national origin age or disability The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race creed color sex national origin age or disability (with the exception of access for the disabled) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed this day of 20_ at Califoriva (Type Contractor Name) By Name [Type Name] Title [Type Title] E , IF R p 7RNEY IL) 3 -2F6 UP t 245911 1 Certification of Compliance with Prevailing Wage haws To City of Huntington Beach Department of Public Works 2000 Main Street/P O Box 190 Huntington Beach, CA 92648 Re Certification of Compliance with Prevailing Wage Laws Contract Project The undersigned contractor on the above-referenced project C'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 frmge benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed this day of , 20_, at , California (Type Contractor Name) By Name [Type Name] Title [Type Title] �{$�/p�Q RPM �GR �Ji Y�D�CTI'YZN -TLS o3 a"b 01�o 1 2475421 CONTRACTOR'S CERTIFICATE I , state and certify that (Name of Declarant) 1 is the general contractor to the City of Huntington Beach ("City"} on Contract No (the "Contract') for the construction of the public work of improvement entitled (the Project ) 2 All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract) 3 Except for the claims listed below and the disputed claims listed in paragraph five(5) all persons supplying labor, services materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims if none write `NONE ) 4 Attached hereto are the lien waivers required by the Contract Documents, which hen waivers have been executed by all persons who performed work on or supplied labor services materials, and/or equipment for use at the Project S Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims if none write `NONE ) I declare under penalty of pegury under the laws of the State of California that the foregoing is true and correct Executed at on this day of 20_ (Signature of Declarant) APPROVED AS TO FORM By - 0 '3 Zo 0(p Name [Type Name] Title [Type Title] 1 2459141 RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH F�B INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurer FROM DATE SUBJECT Bond Acceptance I have received the bonds for f N6 '1 (Company ame) � Faithful Performance Bond No �/%(� CA ( —�1 Labor and Material Bond No q 1 Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No Re Tract No CC No MSC No Approved Agenda Item No (Coungli Appri5val Date) City Clerk Vault No � 910-1 #27 g/followup/bondletter doc Bond No 8219 25 56 Premium $2 828 00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS City of Huntington Beach(hereinafter referred to as City )has by written agreement dated 20 entered into a contract with PALP Inc dba Excel Paving Company 2230 Lemon Avenue Long Beach CA 90806 (name and address of Contractor) (hereinafter referred to as'Principal") for performance of the work described as follows Various Residentiai Streets Pavement Overlay Maintenance Services Contract 474 (Project Title) WHEREAS said contract and all documents referenced therein(hereinafter collectively Contract ) are incorporated herein by this reference made a part hereof as though set forth herein in full WHEREAS said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt full and faithful performance of said Contract NOW THEREFORE we the undersigned as Principal and Federal insurance Company 15 Mountain View Road Warren NJ 07059 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as Surety ) as Surety are held and firmly bound unto City in the penal sum of Five hundred fourteen thousand ninety five and 20/100 Dollars($ 514 095 20 ) this amount being not less than one hundred percent of the price set forth in the Contract in lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs executors administrators and successors jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly fully and faithfully perform each and all of the covenants obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered amended or modified from time to time and if the Principal shall indemnify and save harmless City and all of City s officers agents and employees(hereinafter collectively referred to as"Obligees )from any and all losses liability and damages claims judgments stop notices fees and costs of every description whether imposed by law or in equity which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract including all alterations amendments and modifications thereto and any warranties or guarantees required thereunder then this obligation shall be void otherwise it shall be and shall remain in full force and effect Surety stipulates and agrees for value received that no adjustment of the time or price in the Contract or any alteration change deletion addition or other modification to the Contract or the work to be performed thereunder shall in any way affect limit restrict impair or release the obligations of the Surety under this Bond Surety waives notice of any adjustment of contract time or contract price and 277591 i PERFORMANCE BOND Page 1 of 2 Bond No 8219 25 56 any other alteration change deletion addition or other modification to the Contract,or the work to be performed thereunder and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments alterations changes deletions additions or other modifications Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis Surety also waives the provisions of Civil Code§§2845 and 2849 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work IN WITNESS WHEREOF each party represents and warrants that this instrument has been duly executed by Principal and Surety on the date set forth below that the name of each corporate party being affixed hereto is such party s proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety by execution of this bond waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond Dated July 22 2010 ATTEST PALP Inc dba Excel Paving Company (Corporate Seal) (Principal Name) By Name • T le PREMENT ATTEST Federal Insurance Company (Corporate Seal) (Surety Name) J By me Timothy D Rapp Attorney in Fact---,_ (Signature of Attorney-in-Fact for Surety) (Attach Attorney in-Fact Certificate) (908 903 2000 (Area Code&Telephone Number of Surety) APPROVED AS TO FORM CITY O UNTINGTON BEACH � c a�� By ennifer Mc ath N/tSlbG ity Attorney Note This bond must be executed in duplicate and dated all signatures must be notanzed and evidence of the authonty of any person signing as attome}vn fact must be attached 277591> PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On g— kQ before me, MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared C P BROWN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/1w/tom authorized capacity(ies), and that by his/har/th=signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal =MONATON8tFE IMdYSignature of Notary Public (No�Seal) 2012 ADDITIONAL,OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i a cerafymg the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if requtred Number of Pages Document Date State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public) Print the name(s)of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i e ❑ Individual(s) Wshe4m)-is/am)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in Fact s Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date % Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i e CEO CFO Secretary) Securely attach this document to the signed document 2008 Version CAPA v12 1007 8W873 9865 www NotaryClasses com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 07/22/2010 before me, Debra Swanson, Notary Public (Here inset name and tide of die officer) personally appeared Timothy D Rapp , who proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/a@e subscribed to the within instrument and acknowledged to me that he/sW#wy executed the same in his/4wAhew authorized capacity(+®&), and that by his/lor/ signature(4)on the instrument the person(.&),or the entity upon behalf of which the person(.&)acted,executed the instrument I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct DEBRA SWANSON WITNESS my hand and official seal N �� COMM S 18221V NOTARY PUEIi.iCrCA1.1PORN(A ORANGE COUNTY (Notary S-1) c+tw MYCOr�1,6�fes NOY 10,2092 signature of Notary Public ADDITIONAL OPTIONAL INFORMIATION INSTRUCTIONS FOR COMPLETING THIS FORM AM ad owledgrnew rowpleted In Cal&ada mast contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT gppom above In dw away section or a separate acknowlt4mcm form must be properly completed and auadwd to drat doaonent 7be only exception u rf a door ww Is to be mooeded ouutde of Cal(fonda.In such Instances any altcrnarrve (Title or desaipoon of attached document) ack ow/edgmunt verblape ar may be pnnted on such a document so long as the verbiage does not ngairr the notary to do something than u dlegal for o notary in t.;ai&nda(Lt ecrt(jyarg the authorized cap iry of the signer) Pkare check the (Title or daaipuon of attached doewna►t eowwuxd) document care idly for proper nowiai wording and attach thu form tf required Number of Pages Document Date state and County mforiisaton must be the state and County where the document signer(&)porsanally appearad before the notary public for acknowiedgmcnL • Date of notarumucia must be the data that the signe(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her nine as it appears within his or her comtnusson followed by a comma and then your tide(notary public) • Prue dw name(s)of document xgner(s) who personally appear at the trine of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural(onus by crossing off incorrect forms(i e ❑ Individual(s) h*%htlthsyr is 1m9)or cudmg the correct fonts Failure to correctly indicate this mforundoo may lad to rejection of document recording ❑ Corporate Officer • 11u notary seal mtpmwon must be clear and photographically reproducible Impression must not cover text or lines If seal unpression smudges re seal if a (ride) sufficient area permits od=wuc complete a different acknowledp=t Corm ❑ Partner(s) Signanre of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney in Fact t Additional information is not mqured but could help to a cure this ❑ Tlvstce(s) vimowtodgmoat a not moused or attached to 9 different document ❑ Other O Indicate true or type of attached doe mcnt,number of pages and date O Indicate the capaetry clauned by the signer If the claimed capacity is a corporate officer mdreaic the tide(i c CEO CFO Socrotary) Securely attach the document to the stgnod document 2M Vennon CAPA vl2 1007$00473-9965 www NotaryClaues com Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents That FEDERAL INSURANCE COMPANY an Indiana corporation VIGILANT INSURANCE COMPANY a New York ration and PACIFIC INDEMNITY COMPANY a Wisconsin corporation do each herebyconstitute and appoint Linda D Coats,Matthew J Coats,Douglas A Rapp and Timothy D Rapp of Laguna Hills,Californla---- ed6h as that t ue and lawful Attorney In,Fact to a ecute under such designiat on thei names and fA affix the r corporate seals to and del ver for and on their behalf as surety thereon or otherwise bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business and any Instruments arrencling or altenng the same and consents to the modification or alteration of any instrument referred to in said bonds or obligations In Witness Whereof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of November,2009 c iKennelh C Wendel Assistant Secretary t Noms Jr Yx a nt STATE OF NEW JERSEY County of Somerset ss On this 16th day of November 2009 before me a Notary Public of New Jersey personally came Kenneth C Wendel to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney and the said Kenneth C Wendel being by me duly swum did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By Laws of said Companies and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority and that he is acquainted with David B Noms Jr and knows turn to be Vice President of said Companies and that the signature of David B Norris Jr subscribed to said Power of Attorney is in the genuine handr+mbng of David B Norris Jr and was thereto subscribed by authority of said By Laws and in deoonenPs presence Notarial Seal KATHERINE J ADELAAR 11 N€TAbY PURLiC OF NEW JERSEY f �4TARy 'n 73raz 85 Jul a.-s� Comm amen Fxpiroc July 16 2014 PUBLIC Notary Public y�YJEt�� CERTIFICATION Extra t I om the By Lavra of 17TOCnAL iNGunANCE COMPANY VIGILANT INSUr1ANCC COMPANY and PACIr7C INDEMNITY COMPANY All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary under their respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the following officers.Chairman President any Vice President any Abbistd t Vice President any Secretary any Assistant secretary and me seat of the t,ompany may be affixed by facsimile io any power or anomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shalt be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it s attached I Kenneth C Wendel Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY (the Companies)do hereby certify that (I) the foregoing extract of the By Laws of the Companies is true and correct O It e Corr pd nea cue duly rice tbed di d duthonzed to transact surety business In all 59 of the United States of America and the District of Columbia and are authorized by the U S Treasury Department further Federal and Vigilant are licensed in Puerto Rico and the U S Virgin Islands and Federal is licensed in American Samoa Guam and each of the Provinces of Canada except Prince Edward Island and (III) the foregoing Power of Attorney is true correct and in full force and effect Given under my hard and seals of said Gompantes at Warren.NJ this July 22 2010 �n roc �OIAH* i •�,ErY�Rtx f LiL��L�'.ZZA�+I Kenneth C Wendel FA sistant 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 3493 Fax(908)903-3656 e-mail suretvOchubb com Fuftn 45 10 0225E U (Ed 5 03) CONSENT Bond No 8219 25 56 Premium Included PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Huntington Beach (hereinafter referred to as City )has awarded to PALP Inc dba Excel Paving Company 2230 Lemon Avenue Long Beach CA 90806 (name and address of Contractor) (hereinafter referred to as Principal ) a contract( Contract)for the work described as follows Various Residential Streets Pavement Overlay Maintenance Services Contract 474 (project title) WHEREAS Principal is required under the terms of the Contract and the California Cavil Code to secure the payment of claims of laborers mechanics matenalmen and other persons as provided by law NOW THEREFORE we the undersigned Principal and Federal Insurance Company 15 Mountain View Road Warren NJ 07059 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as Surety ) as Surety are held and firmly bound unto City in the penal sum of Five hundred fourteen thousand ninety five and 20/100 dollars ($ 514 095 20 ) this amount being not less than one hundred percent(100%) of the total price set forth in the Contract in lawful money of the United States of America for the payment of which sum well and truly to be made we bind ourselves and each of our heirs executors administrators successors and assigns jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal his her or its heirs executors administrators successors or assigns or subcontractors shall fail to pay any of the persons named in Section 3161 of the California Civil Code ( Claimants ) for all labor materials or services used or reasonably required for use in performance of the work described in the Contract or any amounts due under the Unemployment insurance Code with respect to worts or labor performed by any such Claimant or prevailing wages due and penalties incurred pursuant to Sections 1774 1775 1813 or 1815 of the Labor Code or any amounts required to be deducted withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract Surety will pay for the same in an amount not exceeding the penal sum specified in this bond otherwise this obligation shall be null and void This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns In case any action is brought upon this bond Surety further agrees to pay all court costs and a reasonable attorneys fee in an amount fixed by the court Surety stipulates and agrees for value received that no change extension of time alteration addition or modification to the terms of the Contract or any contract document or any work to be performed thereunder whether made after notice or not shall in any way affect impair or release the obligations of Surety under this bond Surety hereby waives notice of any such change 277SIO I PAYMENT BOND Page 1 of 2 Bond No 8219 25 56 extension of time alteration addition or modification to the terms of the Contract the contract documents or the work thereunder Surety also waives the provisions of California Civil Code §§ 2845 and 2849 IN WTNESS WHEROF each party represents and warrants that this instrument has been duly executed by Principal and Surety on the date set forth below that the name of each corporate party being affixed hereto is such party s proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body Surety by execution of this bond waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond Dated July 22 2010 ATTEST PALP Inc dba Excel Paving Company (Corporate Seat) (Principal Name) Opk By _ Name Its ATTEST Federal Insurance Company (Corporate Sea]) rely Nam By me Timothy D Rapp Attorney in Fact (Signature of Attorney in-Fact for Surety) 908 903 2000 (Attach Attorney in-Fact Certificate) (Area Code&Telephone Number of Surety) APPROVED AS TO FORM CITY OF HUNTINGTON BEACH By ennifer Mc rath '--City Attorney Note This bond must be executed in duplicate and dated all signatures must be notarized and evidence of the authonty of any person signing as attomeyan fact must be attached 277589 i PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On p before me MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared C P BROWN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shems executed the same in his/har/ter authorized capacity(tes), and that by his/her/tom signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the mstrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal ="0TAZRy&pjjIg3u�Ce GTON Commsac, ^ 4& CALIFORNIA nNTY(Notary seat) 27 20l2 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Cal fornua In such instances any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that tr dlegal for a notary in California(i a certifying the authorized capacity of the signer) Please check the (Tide or description of attached document continued) document carefully for proper notarial wording and attach than form f required. Number of Pages Document Date state and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears within his or her comrmssion followed by a comma and then your tide(notary public) Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e ❑ Individual(s) heishe/t#iey-is/ate)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines if seal impression smudges re-seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) Signature of the notary public must match the signature on file with the office of th ❑ Attorney In Fact e county clerk ti Additional Information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate tide or type of attached document,number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i e CEO CFO Secretary) Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800-873 9865 www NotaryClasses com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of orange On 07/22/2010 before me, Debra Swanson, Notary Public (Here true t name and tide of die officer) personally appeared Timothy D Rapp who proved to me on the basis of satisfactory evidence to be the person(;) whose name(§) is/an subscribed to the within Instrument and acknowledged to me that helshe/41wy executed the same In hisl4w authorized capacity(wo), and that by hisAwAhw signature(4)on the Instrument the person(.&), or the entity upon behalf of which the person(. acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct p 470' '; QEBRASWAN8ON WITNESS my hand and official seal i OTAARRY� ORANGE COUNTY Cn my Comm.Exom Nov 10 2 2 � L�1Yt (Nomry SW) Signature of Notary Public ADDITIONAL,OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM AtW aeibrow/edgmeiv coa;ploud in Cd#brrda must corrta0i verbtage ezacity as DESCRIPTION OF THE ATTACHED DOCUMENT appears above N the notary faction or a separate ackrrowledgw+eitt form mwi be p vperly couaplstod aid aKodied w that document 77w only czcepnon u if a docmm w is to be recorded orastde of Catilbrnla.In such Instances any ahernarrve (ride or description of attachod document) acbrowladgmment verbiage as may be printed on such a document so long as the verbiage does not requkv the notary to do iomethmg that is illegal for a notary in Cal(/ornta(Le cirri vq the audwued capacity of the signer) Please check the (Tide or description of attached document cownued) document car`jullyfor proper notarial wording and attach thu form tf regtared Number of Pages Document Date State aril County information must be the State and County where the docurricnt stgiter(s)personally appeared before the notary public for acknowledgment • Date of twtaruzuoa roust be the date that the stgner(s)personally appeared which must dw be the satin date the acknowledgment Is completed (Additional mformatwn) • The notary public must print ius or her name as it appears within his or her commission followed by a comma aid then your tide(notary public) • Print the mmei(s) of document stgner(s) who personally appear at the ume of noumUtlou. CAPACITY CLAIMED BY THE SIGNER • indicate die cartel suigul"or plural forts by crmsing off incorrect forms(i e ❑ Individual s Yr a An)or cucimg the correct fortes Failure to correctly indicate this information may lmd to ❑ Corporate Officer • The seal impression mustf be a document nd photographically reproducible Impmuion must not cover text or lines If scat impression smudges rc seal if a (Tale) sufficient area permits oth=wuc complete a different acknowledgment forme ❑ Partricr(s) Signature of the notary public must match the signature on file with the office of din county cleric. ❑ Trustee(s)(s)in Ft acimowlodgrt e t a not truused or ensureuisied but could help to th,s attached to a dtf curt documcnt ❑ Other O Ind" title tar type of auschod document,,umber of pages and date O Ind" the capacity clamored by the sign= If the claimed capacity is a corporate olFtxr indicate the ude(t a CEO CFO secretary) Sacumly attach thu document to the signod document 200g Version CAPA vt2 10 07"73-9965 www NotaryClasm com IcChubb POWER Federal Insurance Company Ann Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Padfic Indemnity Company Warren, NJ 07059 C1i1.1� Know All by These Presents That FEDERAL INSURANCE COMPANY an Indiana corporation VIGILANT INSURANCE COMPANY a New York corporation and PACIFIC INDEMNITY COMPANY a Wisconsin corporation do each herebyconstitute and appoint Linda D Coats, Matthew J Coats,Douglas A Rapp and Timothy D Rapp of Laguna Bills California-------- each as their true and lawful Atton ey In-Fact to execute under such designation their names and to affix liter corporate seals to and deliver to and on their behalf as surety thereon or otherwise bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business and any Instruments amending or altering the same and consents to the modification or alteration of any instrument referred to in said bonds or obligations In Witness Whereof said FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACF1C INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of November,2009 1 � Kenneth C en I Assistant Secretary Noms Jr Vice nt STATE OF NEW JERSEY ss County of Somerset On this 16th day of November,2009 before me a Notary Public of New Jersey personalty came Kenneth C Wendel to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney and the said Kenneth C Wendel being by me duly swam did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By Laws of said Companies and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authonty and that he is acquainted with David B Norris Jr and knows him to be Vice President of said Companies and that the signature of David B Norris Jr subscribed to said Power of Attorney is In the genuine handwriting of David B Norris Jr and was thereto subscnbed by authority of said By Laws and In deponents presence Notarial Seat KATHERINE J ADELAAR NOfAbY PUBLIC OF NEW JERSEY gt4TAf{y No July it 6685 L.E� mmtecton Expnor 16 20i4 Notary Public PUBL1D y JEt CERTIFICATION Extract from the By Lawa of fEDCnAL INGLInANCE COMPANY VIGILANT INCUnANCE COMPANY and r'ACIIIC INDEMNITY COMPANY All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company either by the Chairman or the President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary under their respective designations The signature of such officers may be engraved printed or lithographed The signature of each of the following officers.Chairman President any Vice President any Abblstdr t vice Preslueni any secretary any Assistant Secretary and the seal of the t.ompany may be affixed try facsimile to any power or attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attomeyor certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertakino to which it is attached I Kenneth C Wendel Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY (the Companies)do hereby certify that (i) the foregoing extract of the By Laws of the Companies is true and correct () ti a Cornea re dre duly rice bed and duttarnzed to transact surety business in all 50 of the United Slates of America and the District of Columbia and are authorized by the U S Treasury Department further Federal and Vigilant are licensed in Puerto Rico and the U S Virgin islands and Federal is licensed in American Samoa Guam and each of the Provinces of Canada except Prince Edward Island and (m) the foregoing Power of Attorney is true correct and in full force and effect Given under my hard antl seals of said L ompanies at Warren NJ this July 22 2010 7 O P C o 4tr�µP r e�YO¢�a / L/L✓u�2i�IVGr�G�f 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 3493 Fax(908)903-3656 e-mail sure @chubb com Form 15 10 02256 U (Ed 5 03) CONSENT 08/03/2010 14 31 FAX 562 591 7485 EXCEL PAVING CO IA002/008 From Jennifer Dloecca At The ModltCh Company Fax1D To Celeste Date 7212010 12:08 PM Page 2 of 8 CERTIFICATE OF LIABILITY INSURANCE OPID JA DAre 07(Mao20 to/10 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEk THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POU01ES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S) AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the a a Is an ADDITIONAL IN90M the po cy Ie5 must be endorsed su Ieetto the terms and conditions of the policy certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in heu of such eMorsement(s) PRORXUCER NAPE The ➢Pooditch Company Ynauranee Services Inc No ac NA 1 Park Plaza, Suite 400 ADDRESS ixvine CA 92614 cusTOM�ERM& EXCELPI Phone 949-553-9S00 Fax 949-553-0670 WSURER(S)AFFORDING COVERAGE HAIG0 INSURED INSURER o e apueu r.— L na mrp 24139 Palp Inc dbe INSURER 8 Excel Pavel Company 2230 Lemoa Avenue INSURSRC Long Beach CA 90806 INBUAER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENTTERM OR CONDITION OF ANY CONTRACTOR OTHER ODCUMENT LMITN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H€REIN I$SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONOmONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPEOFINSURAMG. INSR YND POLICYNUYBER M e LIMITS GENERAL UARILm EACH OCCURRENCE 11,000,000 A X COMMERCALGENERALLIABILMY MCG50210906 J / / / PREMR�ESIE xa6Tencel $100 000 CLAIMS-MADE X OCCUR MED EAP(Anryom WSW) s5 000 X PERSONAL L ACV INJURY 1 1 000 000 GENERAL AGGREGATE 32,000,000 CENLAGGREGATE LMMAPPLIES PER PRODUCTS COMPIOFAGG 42 000 000 POLICY X JPERCT LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1 OOO OOO Me acowo A X ANY AUTO A1CA50210906 33/O2/09 11/01/10 BODILY INJURY(Per Perms) S ALL OWNED AUTOS BODILY INJURY(Pef AcclOarnl S SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (P.-COeM) S X NONgWNEO AUTOS S S UMBRELLA LAB OCCUR EACH OCCURRENCE S EXCESS Lim CLAIMSMAOE AGGREGATE S DEDUCT4U S RETENTION S S AND EMPLOY LIABILITY YIN A CW ! J / ! X ERS TORY LIMITS ER ANY PROPRETOPPARTNERIEXECUTIV EL EACH ACCIDENT 81 OOO O0O OFPICER/MEMBER EXCLUDED NIA X (M 4.9-Y NH) EL DISEASE EA EMPLOYEE S 1 000 000 If ye EEIC M uAAM DESCRIPTION OFOPERATIONS balsa ELDISEASE POLICY LIMIT I S 1 000 1 000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(AHAeN ACORD 101 AO UMM Relllbft SdWdLdk 0Drc(a Is rewdrY4 *Except 10 Day Notice of Cancellation for Non-Payment of�Premium RE Excal Job 4777 Various Residential Streets Pa t Oyer Maintenance Services Contract 474 This insurance a app y as Pramazy and Non-Contribut*oory perr attached endorsement CERTIFICATE HOLDER SEE N CANCELLATION SHOULD ANY OF THE ABOVE DEW POLICIES HE CANCELLED BEFORE CITYRVB THE EXPIRATION DATE THCREOF NOTNE WILL BE DEUVEREO IN ACCORDANCE MTN THE POLCY PROVISIONS City of Huntington Beach AUTHORIZED REPRESENTATIVE 2000 Main Street antis ton Beach CA 92649 D CORPORATION All rights reserved ACORD 25(2008f08) The ACORD name and logo are regRRered marks of ACORD 08/03/2010 14 32 FAX 582 591 7485 EXCEL PAVING CO la003/008 From Jennifer Me=At The Waodrlch Company FivdD To Celeste Dale 7/21f2010 12 08 PM Page 3 of 8 B=TP7 PAGE 2 ®TICEP w p KD INSUREDS NAME Pal IIIG dha OP ID JR DATE 07/20/10 *Should this policy be cancelled before the expiration data The mooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such actaon per contract or agreement + 08/03/2010 14 32 FAX 562 581 7485 EXCEL PAVING CO IA 004/008 rrom Vnnnw uce=At The Woodrtch Company Fwdp- To Celeds Dam 7/1]2010 12 08 PM Page 4 of 8 NOTEPAD IF S REDIDER'NAME PalpMInc dba OP ID PAGE 3 DATE 07/20/10 Gity Of Huntington Reach its officers elected or appointed of£>_asalm employees agents and volunteers are named as Additional insureds as roapecta General Liabal2.ty par attached endorsement W&a.ver of Subrogation for Workers Compensation See Attached Endorswwnt 08/03/2010 14 32 FAX 562 591 7485 EXCEL PAVING CO 1a005/008 prom iennner uceaca Ac ino wooditch Company FaxlD To Celeste Date 7r2 MIO 12 08 PM Page 5 of$ POLICY NUMBER AICG50210906 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY PLEASE REAb IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Location(s)Of Covered Operations Or O aniaation s Where required by written contract City of Huntington beach its officers elected or RE Excel Job#4777 Various Residential appointed officials employees agents and Streets Pavement Overlay Maintenance volunteers Services Contract 474 Information required to complete this Schedule d not shown above will be shown in the Declarations A Sectton II—Who Is An Insured is amended to B Wdn respect to the insurance afforded to include as an additional insured the person(s)or these additional insureds the following organization(s)shown in the Schedule but only additional exclusions apply with respect to liability for bodily injury" property damage or personal and advertising injury" This insurance does not apply to bodily caused in whole or in part by injury or property damage occurring after 1 Your acts or omissions or 1 All work including materials parts or equipment furnished in connection with such 2 The acts or omissions of those acting on your work on the project(other than service behalf maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the In the performance of your ongoing operations for location of the covered operations has been the additional insured(s)at the location(s) completed or designated above 2 That portion of your worm'out of which the injury or damage arises has been put to its in tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties Inc 2004 Page 1 of 1 08/03/2010 14 32 FAX 582 591 7485 EXCEL PAVING CO IA 008/008 From Jennifer Do&=At The v*odrtdi Company Faxio, To celeste Date 7r W010 12'08 PM Page 8 of a POLICY NUMBER AICG60210909 COMMERCIAL GENERAL LIABILITY cO 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addiftonal Insured Person(s) Or Organization(s) Location And Description Of Completed Operations here required by written contract but only when coverage for completed operations is specifically required by that contract RE.Excel Job#4777 Various Residential streets P"iernent Overlay,Maintenance Services Contract 74 City of Huntington Beach its officers elected r appointed officials ernployees agents and olunteers on MgLKed%o=nple6ethms Sd*WWe f mXif ehoufm abrno,V+0 be sham In the r> . Section 11 Who Is An Insured ins amended to include as an additional insured theperson(s)or Organization(s) shown In the Schedule but only with respect to liability for bodily injury'or property damage caused in whole or in part by "your work"atthe location designated and described in the schedule of this endorsement performed for that additional Insured and included in the"products completed operations hazard CO 20 3107 04 ©ISO Properties Inc 2004 Page 1 of 1 08/03/2010 14 32 FAX 562 581 7485 EXCEL PAVING GO @ 007/008 From Jennifer Dicecce At The Wooditch company Fagior To Celeste Date MM2010 1T08 PM Page 7 of a OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s)Or Organization(s) City of Huntington Beach its officers elected or appointed officials employees agents and volunteers Location(s)of Covered Operations Excel Job#4777 Various Residential Streets Pavement Overlay Maintenance Services Contract 474 As required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and lob location If so we will share with that other insurance by the method described in paragraph 4 c of Section IV—Commercial General Liability Conditions All other terms and conditions remain unchanged Named Insured Palp Inc dba Excel Paving Company Policy Number AlCG50210906 Endorsement No Policy Penod 11/01/09-11/01/10 EndemememENectvDaw 11/01/09 Producer's Name Old Republic Construction Insurance Agency Inc Producer Number ' 11 J01 J09 AUTHORIZED REPRESENTATIVE DATE CG EN ON 0029 09 06 08/03/2010 14 32 FAX 562 591 7485 EXCEL PAVING CO 0 008/008 from Jsnruter OOeD011 At The VWodtM Comparry FaXiCk To Celeste Date 7R12010 12 08 PM Page 8 of 8 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy We wlll not enforce our right against the person or organization named in the Schedule This agreement applies only to the extent that you perform work under a written Contract that requires you to obtain this agreement from us This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule WHEN REQUIRED BY WRITTEN CONTRACT City of Huntington Beach its officers elected or appointed officlals employees,agents and volunteers RE Excel Job 94777 Various Residential Streets Pavement Overlay Maintenance Services Contract 474 The premium charge for this endorsement is$ Named Insured Palp Inc dba Excel Paving Company Policy Number AlCW50210906 Endorsement No Policy Penod 11/01/09-11/01/10 Endorsement Effective Date 11/01/09 Producer's Name Old Republic Construction Insurance 89ancy,Inc Producer Number �ildi�••�l�`�^'4 1 _11101109 AUTHORIZED REPRESENTATIVE DATE WC 99 03/5(09106) 4 J City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC a JOAN L FLYNN CITY CLERK August 11 2010 Palp Inc dba Excel Paving Company 2230 Lemon Avenue Long Bleach CA 90806 Re Various Residential Streets Pavement Overlay—MSC-474 The City Council awarded the bid to your company for the above referenced project Enclosed is a copy of the executed contract with the City of Huntington Beach A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds In addition the following item must also be on file with this office before the City can release any retention funds A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one-year warranty then a rider or separate bond must be submitted Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds please call the Public Works Department at 536-5437 Sincerely tJ n L Flynn CMC C y Clerk JF pe Enclosures Copy of Contract including Proposal Copies of insurance/bonds Contractor s Certificate Certificate of Compliances Bid Bond (original) Sister Citiglo,&Wpcjie@M\casWdAtg gocNew Zealand (Telephone 714 536 5227) F iR'r CITY OF HUNTINGTON BEACH 2000 Main Street P O Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention Joan Flynn Date July 2, 2010 To City Clerks Office ProlectlC C No MSC 474 2000 Main Street Regarding Vanous Residential Streets Pavement Overlay Huntington Beach, CA 92648 ® We are sending you ❑ By Mad ❑ By Fax Mad(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 B,ds for MSC 474 Item# Copies Pages Description 1 1 32 Bid received from Palp Inc DBA Excel Paving Company 2 1 15 Bid received from R J Noble Company 3 1 17 Bid received from Silvia Construction Inc 4 1 20 Bid received from I C E Engineering 5 1 19 Bid received from Hardy&Harper Inc 6 1 18 Bid received from Imperial Paving Company 7 1 19 Bid received from All American Asphalt 8 1 16 Bid received from Copp Contracting Inc 9 1 14 Bid received from WE Construction 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 contact me at extension 1732 with any questions you may have c file By o ck DereLivermore, Street Supervisor G\MAINTENANCE DIVISION\CITY YARD\MSC FILES\MSC PROJECTS\400 S\MSC 474 RESIDENTIAL STREET OvERLAYWRANsmiTAL TO CLERK 474 BIDS DOC Council/Agency Meeting Held_ 01-- C�Zlo Deferred/Continued to l Appr veil ❑ Conditionally Approved ❑ Denied Ci le r s Sign re Council Meeting Date August 2 2010 Depart- / ID Number PW 10-046 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson, City Administrator PREPARED BY Travis K Hopkins PE Director of Public Works SUBJECT Award Miscellaneous Service Contract in the amount of$578 600 to Palp Inc dba Excel Paving Company for the asphalt overlay of various residential streets MSC-474 and authorize the appropriation of $30 000 and 12 5% in contingencies Statement of Issue On July 1 2010 bids were received for Asphalt Overlay of Various Residential Streets MSC 474 Staff is requesting authorization to award a contract in the amount of $578 600 to Palp Inc dba Excel Paving Co the lowest responsive and responsible bidder Financial Impact The approved budget for this project was $600 000 A balance of $570 000 is available in Traffic Congestion Relief (Proposition 42), Residential Pavement Account 21990417 82200 Additional funds in the amount of $30 000 will be appropriated from the Traffic Congestion Relief (Proposition 42) (Fund 219) undesignated fund balance This will leave an estimated remaining balance of $749 984 in the Proposition 42 fund Approval of this action will have no impact on the City s General Fund Balance Recommended Action Motion to A) Accept the lowest responsive and responsible bid submitted by Palp Inc dba Excel Paving Co in the amount of $514 095 20 and W Approve the appropriation of $30 000 from Proposition 42 undesignated fund balance to '11990417 82200 and r-, Authorize the Mayor and City Clerk to execute a construction contract in the amount of $578 600 in a form approved by the City Attorney and Authorize the Director of Public Works to approve up to twelve and one half percent 112 5%) of the contract in contingencies Alternative Action(s) Do not authorize the contract award and direct staff to proceed differently -117- Item 8 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 8/2/2010 DEPARTMENT ID NUMBER PW 10-046 Analysis This project proposes to resurface 21 residential streets and street segments with the application of an asphalt concrete overlay The overlay process consists of grinding the upper 1-1/2 inches of asphalt surface and applying a new asphalt concrete surface to the street The streets and street segments included in this project were selected from the 2010 Residential Pavement Management Program based on an evaluation of the overall pavement condition This project was approved and funded with a budget of $600,000 from Proposition 42 Traffic Congestion Relief funds Approximately $30 000 of the original project budget was expended earlier this year for emergency repairs to a sinkhole on Yorktown Avenue An additional appropriation of Proposition 42 funds will allow this project to be completed as designed The project budget includes the contract and contingency plus staff time and supplemental expenses Due to the lack of crown on the streets in the Harbor it is recommended to add a two inch overlay to that structural section of the overlay The increased contingency will allow for this surface correction to improve street drainage Bids were opened publicly on July 1, 2010 and are listed in ascending order Bidding . 1 Palp Inc dba Excel Paving Co 514 095 20 2 RJ Noble Company 516 680 68 3 Silvia Construction Inc 517 456 56 4 ICE Engineering 537 707 92 5 1 Hard & Harper Inc 533 055 80 6 Imperial Paving Company 546 951 96 7 All American Asphalt 552 641 44 8 Copp Contracting Inc 606 398 88 9 M & E Construction 716 811 20 Staff has prior positive experience with Palp Inc dba Excel Paving Co on similar city contracts Staff recommends that City Council accept the bid from Palp Inc dba Excel Paving Co , the lowest responsive and responsible bidder Public Works Commission Action, The Public Works Commission reviewed and unanimously (7-0) recommended the project on May 19 2010 Environmental Status Categorically exempt pursuant to CEQA Article 19 Section 153019(c) Strategic Plan Goal Maintain improve and obtain funding for infrastructure and equipment Attachment(s) • scri PtIQn 1 List of Streets and Location Maps Item 8 - Page 2 -1'I8- ATTACHMENT # 1 MSC 474 RESIDENTIAL OVERLAY LIST RD STREET NAME FROM TO 149 Woodside Circle Entire 149 Chestnut Drive Entire 149 Sunview Drive Entire 149 Tullow Lane Limerick Drive Glen Drive 149 Wicklow Lane Limerick Drive Glen Drive 149 Belfast Lane Edinger Avenue Carlow Drive 149 Dawson Lane Shannon Drive Skyview Drive 153 Ardsley Circle Entire 153 Barnstable Circle Entire 153 Ladona Circle Entire 153 Maruffa Circle Entire 153 Niantic Circle Entire 153 Tisbury Circle Entire 153 Leonard Lane Entire 153/154 Wayfarer Lane Entire 153/163 Humboldt Drive Entire 153/163 Mistral Drive Entire 159 Lennox Drive Entire 159 Laurelhurst Drive Entire 163 Cotuit Circle Entire 163 Ensign Circle Entire Total Affected Streets = 21 Item 8 - Page 4 -120- 1_ 1 ( Rp I 1 14� 153, 154, 163 • 7 War"3_QLAfe. 3 � 1 ♦ 1 4 i . i a� d r �* r a MSC 474 VICINITY MAP -121- Item 8 e Page 5 i r Qj -Humdddt- Dr' 9 - 0/ cn Sp Dav+s Etp 7,y r r Morning Star Or G1- — --Z� _ ! - -�j a 1 t-tdtns C!r Cs - 1=tgaro T Dale—DY - - � MSC 474 RIB 153 , 154, 163 Item 8 - Page 6 -122- Mc Fadden Ave a Red Coach Dr 'ten 553, GREER 15531 ISS 1553!(3 IS= iSS3/ 155 15531 4 PAR 1M, -R 1555 1555 L 5S 15551 j S5 Is554 V 155 =1 m b 3 V 4. .ycq _ r _ pp yy _ 1Iyy Q_Q _ ANNEX 15551 C 15552 1556 1$56 �_ 1 1566 n ISS62 b56 f�0 Iww iS561 t5561 J i ISM 0- p ism 55at Vesper Cir . , �, � :� Ssr Gas Light Dr ,sn � Y 5 rr e"e Q py p f5�, ssa: a591 OR 155e1 5562 $SD $Sex 155a1 155a2 t55e/ 6 b 6 ti 93 3 y 5522 fsse2 t1 4 yt so' t56g1 t5602 15501 y _6 7d l6 — •. 56 1 1112 552, oodslde Cir (GLEN ViEW SCHOOL) c Skyview Dr 156622 15621 Chestnut 3 n�2 g ry 3 15632 15611 i5 i6 6 6 $ 9 p ,,,� 15632 15631 C Is642 IS641 Sb I b c _ _ o ,555x ,56s Bluebonne S6s i_ 6621 j 6 $ ' O /5662 1566t �6 75662 D Starshine Dr : LEARNING CIRCLE PRE SCHOOL p r Sunvlew Dr 15672 15671 $672 15662 Ism V182 (6621 GLEN) WE c c $ - nanvood Dr 15692 1562 15692 qq 1I�2 yy yy�� r pp y5yy �7 y� 02 15701 �S 16 id 3 ID 6 N $ 3 3 3 I5702 1570 IS702 12 157,1 Glen Dr Moonbeam Dr "i N ii li 157157zz^2 E 6 E 6 a sry °3 s� '�N✓ ryry .n2 ,5'132 i6 6 /5742 157 57 2 574 57 2 6 yy 4 3 Q ii 15752 157 15752 575 5752 !�J ' 3 3f g "Q Meath C,r Shannon Dr 15761 O W NN 5763 15761 ISM 15761 ISM 1576 4 IIII y g CID J Sm IS771 ism 5771 I5772 f5m 5761 l0 6 0{ 3 3 3 "�+ 3 577 15792 15791 11712 1579 11791 15792 IS7e1 QQ Q y �y cc g QQ I� ypy 3 ~ Se02 11801 15502 I_ ISM 1580 15802 15791 � 6 � 3 � a � � 3 3 d1 3 Io � 6 g Eire Cir sa z Ise„ Cork Dr ISM ISS, 75a 2 15601 Retherford Dr `Z n 15622 1S32, 5622 1S6 1 n N y N �} y v� �+ g " 58 2 ld C 1S 3 3 �� ise2 C 6 3 3! 3 al O! 2S i5a21 J qq ryry ��22 �q 5542 Sao 3 15e42 $66 i..e42 15a27 gg 1122 gg gg g 15831 C 15332 5652 15651 i5e 15a5 ,S6R 1585 5652 56 J 6 6 3 3 3 3 of n i5a41 Q_' 18 3 SaGl 15a61 V isd $a6 N 15662 5a5 U 75e52 Clare Dr m t5962 15861 0 „ Breeland Dr 5672 15a7t 587 1537 15372 5861 a ISM 1567 IV c {} pp g $ae2 Sde1 Ise ,See 15ee2 I5e71 to 15 7I 3 a & $ I Carlow Dr R 155 91 ,Sa isaw saes 158e2 see 5ea2 ma+ 15ee2 $831 ib n �p N I. I '^ 6 sm ISM 15e92 15891 IW92 ISM 15692 Limenck r v u CHURCH 1591 ISO t5912 t591 15913 15901 Ism I%o, E ISM t5901 ism 4 15921 150 f50 I.n I. 15972 15921 I5D22 15S3t /5971 i5921 LL 15922 i5a9t ;6 5931 6931 59d2 159 159 15932 1593 59 2 ISM 15932 15931 15932 15931 ,5932 yy�� YY S957 159 59 t5952 1595 15252 15944 159 3 1s9/ 1"2 1-1 5942 76 76 1561 1i5e7 6�t 15961 158 �96 15962 15961 15962 ,s95 5952 1595/ 1S952 595 559R t5974 15971 t5972 15B I5972 ,5971 /5972 +59 75972 7597i I5972 597, 15972 Edinger Ave MSC 474 ID 149 -123- Item 8 . Page 7 Edinger Ave r, 1 C �o 6 6 6 6 Wm (6 2 EDIN ER)WaRon Dr (16 41 6041 Jolt W4 Wu W. W6 GO DEN Ws Ws bps W59 Ws W6i W 60s 6os Wu WE ,nDoane ir WR W6 W63 W6 6072 W71 W72 W, 60@ W W79 SHPP G § J WM We Wet We Wet hoe Ws Ws Wet We W62 CNTR Who 2 W92 W9 J W9t 609 J `—m 609] W9 J W92 W91 02 6 01 V 6 02 6 0 m W� 609 C 6 0e 60 R 10 '(0 0, 606 Esta Cir a 6 6 6 Q 6 a 6 e° a a 6 a 6 x HOME DEPOT �y zz q d '3 § n Sl 60 6� It 6 6 St 63 6 Y d § 3 4 6 s 6 6 6 50 6 6 9 a Lennox Dr 61 6 0 6 6 ® ® 6 Nyanza Dr ez e0 e9 6e sm § 5 § 8 8 s S 6m 01 6 9 W C) � 630t COLLEGE VIEW SCHOOL 69 p 1111111110 600 12 Wa m Laurelhurst Dr 1623 J 031 Qa C C C C C $ g § § 69 p 61 �+ 0 W 996 = 6262 Lafayette Dr C m 6x6� (6582 LENNOX) c § ��-0nn sp 699: va: 6 6 C 6 S § § C § eso d § v PARK Auburn Dr wp oa r 4 §TF fl - � § � a §§ � s a s E a s>a 63� Edgemont Dr 6052 w Loyola Dr W7 m Wn W J v p w H C ryry ((�� ;;99 gg We0 6] 6Je0 6l R W 61) � 3 :d 6f 3 W91 61 of W 6pe a Redgrove C,r �� 6w 0 Julien as m am cE, Cv Defiance Dr 64 & 64 N 6. 6<0 n e� e� w n J C L 6e01 c 6.91 E �� 666x § 0 6.17 6q "M Oakgrove Or w 6" Chele Cv Bndgewater Dr 6-2 Hell Ave MSC 474 RD 159 Item 8 - Page 8 -124- I�etdck 4�vaV�or� UV� rlal cc. m6c , BID DATE: �- 1 16 ZME Engineer's Estimate: $ % 2, 05. O AID LIST BIDDERSNAME RAN% TOTAL BID"OUN1` 006, 3 �u(e ) Pao 1 $ 514, 0q5, a 533, o " Ko 5 I GE kn i "tri K �r 51 ql� M B E �0n*u 410 ✓t 8 � 'T Nobfe"l 6u. (o � 9 SIlvla W�rfw/-�fomkc,.-.) 3 ! 7, 45(05 10 12 13 $ 14 $ •C I S OF HUNTINGTON BE FBCITY AtH 2010 J k, -1 hi !2 12 2000 Main Street P O Box 190 Huntington Beach CA 92648 " LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention Joan Flynn Date June 4, 2010 To City Clerk s Office Pro)ectlC C No MSC 474 2000 Main Street Regarding Vanous Residential Streets Pavement Overlay Huntington Beach, CA 92648 ® We are sending you ❑ By Mad ❑ By Fax Mad(Number of pages including this sheet) ❑ We are hand delivering ❑ Attached ❑ Under a separate cover via the following items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other Notice Inviting Sealed Bids Item# Copies Pages Description 1 1 2 Notice Inviting Sealed Bids 2 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 The Various Residential Streets Pavement Overlay, MSC 474 is ready to be advertised Please find attached the Notice Inviting Sealed Bids for advertisement on 6/10, 6/17, and 6/24 The bid opening is scheduled for 7/1/2010 @ 2 00 PM Please contact me at extension 1732 with any questions you may have c file By d@ieick Livermore, Street Supervisor G\MAINTENANCE DIVISION\CITY YARD\MSC FiLEs\MSC PRoiECTs\400 s\MSC 474 REsiDENTiAL STREET OVERLAY\NISB TRANsMrrAL To CLERK MSC 474 DOC SECTION A NOTICE INVITING SEALED BIDS for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT# 474 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 July 1, 2010 Bids will be publicly open in the Council Chambers unless otherwise posted Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25 00 nonrefundable fee if picked up, or payment of a $35 00 nonrefundable fee if mailed via U S Postal Service, FedEx, UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 This is a Davis-Bacon project and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A 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 Engineers estimate for this project is $ 562,124 00 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 8th day of September 2009, by Resolution No 2009-50 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 2010 JUL - I Pry 1 59 2010 JUL - I PH 2 00 OO cl �J O LV t r N 10 Id ( - lAr cluz d Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Supenor Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) Ss COUNTY OF ORANGE ) I am the Citizen of the United States and a _ resident of the County aforesaid I am over SECTION the age of eighteen years and not a party NOTICE INVITING SEALED BIDS forthe to or interested in the below entitled matter VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 1 am a principal clerK of the HUNTINGTON in the BEACH INDEPENDENT, a newspaper of CITY GIVEOF HN TINGTO PUBLIC NOTICE IS HEREBY GIVEN that the CITY Of HUNTINGTON BEACH as AGENCY invites sealed bids for the above stated projects and will general circulation printed and published in 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 the City of Huntington Beach, County of on July 1 2010 Bids will be publicly opened in the Council Chambers unless otherwise posted Orange State of California and the Copies of the Plans Specifications and contract documents are available from the Office of the Director of Public Works 2000 Main Street attached Notice is a true and complete copy Huntington Beach CA 92648 upon payment of a $25 00 nonrefundable fee if picked up or payment of a $35 00 nonrefundable fee if mailed via as was printed and published on the U S Postal Service FedEx UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the following date(s) provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California which are on file at the Office of the Director of Public Works 2000 Main Street Huntington Beach CA 92648 This is a Davis Bacon project and the Federal Regulations will be enforced Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards which are on file at the office June 10 17 24 2010 of the Director of Public Works 2000 Main Street Huntington Beach CA 92648 I The AGENCY will deduct a 1017 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 enter I declare under penalty of penury that the prises 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 foregoing is true and correct national origin ancestry sex or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders The bid must be accompanied by a certified check cashiers check or bidders bond made payable to the AGENCY for an amount no less than 107 of the amount Executed on June 24 2010 bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State at Costa Mesa California Contractors License Class A 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$562 124 00 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH Signat CALIFORNIA the 8th day of September 2009 by Resolution No 2009 50 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent June 10 17 24 2010 062 813 Unsuccessful Bids MSC-474 Various Residential Street Pavement Overlay City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERK ® JOAN L FLYNN CITY CLERIC August 12 2010 All American Asphalt P O Box 2229 Corona CA 92878-2229 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely Joan L Flynn CMC City Clerk J F pe enclosure Sister Citig4f.#OVQiclAp(�)qt/PetWrfliW&qgocNew Zealand (Telephone 714 536 5227) s a hY n`' # n s 1 .~ti r r ny -, #3 i""hd 1 „�*:a a,+ +" tire'�1 n`"x 3 `d �. * . 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Von y.x 5 y; r Mya '¢ ' `� ^xd ,`d` t t w ;+' r his n t d .x m a ^ m 6 A F w ot # 4 ; i"e 10 ork 6 vLrE"da 4 , 4A r,' "•w v xyX, o a ' ' "aZ 1 r t '� "r t# n az`�» r" a ^'rdr4., �`'`n ALL t n w,`'�.�,' ''n n 14 PO BOX 2229 r CORONA, CA 92878 2229 dYf 'dgq t SAW 'Al TO //�y / 77/ 4R A A #g a l e Y p� k j1ppy, AL 124 s a � RETURN REQUESTED r 'nt It '�4 � sn c3 r t o Sd t sx^t a a d y tra '"`' �,1a y r a,d x d f -, #a h ## w t r td t� r +d r � �9 �3M't` 1 xy ��"'�� ^r�: e:n � t �i�- t S � , d� �' ,"�z '-rt # ` s ,n'c d pY w# n ,v I G x t rn m r r d Z n n � ed t a�n v '� t �Pr�r� "* s OEM rx w. +'p p 'a, r.. p e' ` a k1r-d'air'£ Ir r��,ia r 3 't ''k rd r n ^` o 4-� � E x�` r P I CRY �� ; t�� � � s# � � � r � � w �t � �� ram,. t � � �N - t „e e r � 11 n z nk r Ar a z r n d 'r",a y n max? -z r� 1 % �k tjr °.dy1a s, f a ,y� ,� i.'bw rit f ro& � ,.� d'# a Z, dk# M r 1 owls' e t n k Ste# , # x } n c d6* Ss} dt & t r y f " i n �. 1 �.'�troy ,�``" :��,s�.�S ...�n' �.✓t„, #��' y �^tc�n`k JA S �t s ^� �`y +��r� ! } k � n� �..� 5 r � ,�a�,+"'' �� ,. ,. �. � � �, �taa^ �f���s'r,� >xy �' f a �� y���y�r h��, = 1§ �' ,� � y'a",��^��* � n� �t� x'7 t d t � "� 1•§° SECTION C PROPOSAL for the VARIOUS RESIDENTIAL. STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 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 45 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 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 AccAccompanyingfin� this proposal •f yid, d r�l�G�.'SA 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 Q O 1. Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 Unit t T �Ap�proximate , � � Item # Quantity Item with Unit Price Written rri Words Price Total Cold Plane _ 1 170,308 S F aL� V Ceft per S F A dig m�) Furnish anct Inst II Petromat 2 585 080 S F at 6e-M er S F Construct A halt Qoncrete at 12' _ 3 5,266 Ton at A�U c 0. s er Ton Adjust Water Valves to Gr d _ 4 96 EA a Ur�1� ` er Each �� Ad ju t Manholes to radJ�Jays 5 67 EA at f ee �\vr�l�2d per Each Adjust Monument W!M\ rade 6 30 EA at-�,� Vt \� ,+x`�d� er Each � � 10sou- Prepare Pre & Post Construction Corner Record and File with Appropriate Agencies 7 67 EA at (-26 VVQYXJr-td-AAid�3—per Each Total Bid Amount in Figures Total Bid Amount in Words f-jL ill 4q/100 C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one,-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss County off �tVC- 06 ITT i•� , being first duly sworn, deposes and says that he ar .9kte- is tC� D of � 1U 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 Ad �gteoq�Aj Name of Bidder oe ature of Bidde jP'0/ Address of Bidder Subscribed and sworn to before me t of , 201_ NOTARY PUBLIC NOTARY SEAL CALIFORNIA aJURAT State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 30th day of June 2010 , Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence 6RENDA L ROYST R be the person who appeared before me ( ) ( ) Commis ion # 1700922 z , a Notary Public California Z (and z h Rivil Colin y My Cornm E �r,:�s W 26 20 0 (2) Name of Signer Prove to me on the basis of satisfactory evidence be,the person who appeared before me ) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Top of thumb here Top of thumb here Document Date 6 30 10 Number of Pages 1 Signer(s)Other Than Named Above None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the VARIOUS RESIDENTIAL, STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (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 Contractor � r— By Title Date 3 (� ,ZOIO DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury,the following questionnaire Q1UESTIONNAIRE 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? D Yes o If the answer is yes, explain the circumstances in the space provided lU �•- Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 Aa Alsolpboa--0 Contractor X"�o�z- B J� b Title Date Jt,t RG 30 PIO 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 Dag Alert Ident f cation Number k9 AKWt4W *d#4sk7r--- Contractor r 13y0/""0'?-0'9W i� V lC6 PIEE(I)aj Title Date :7C,1.1\C 30►��� Note This form is required for every Dag Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct ka A*eUMAJ 14500#4tr Bidder Name M, Business Address /� �a.�,�� c�- 9 � City, State Zip (f!57I ) 47 3(0-7600 Telephone Number -k- ;)(.o70 7--� 6 (2 -1 Z State Contractor's License No and Class / - /q- 7I Original Date Issued l-51-1 Z Expiration Date The work site was inspected by Poo S&aim of our office on:ktl�6 Z�- , 2010 The following are persons, firms, and corporations having a principal interest in this proposal VIM ek&DOLT 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,/ Wkkam CAA-) � #1 fia- Company Name 01,Z�z STgrrature of Bidder Printed or Typed Signature Subscribed and sworn to before y of , 201_ NOTARY PUBLI NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 Name and Address of Public Agency Name and Telephone No of Project Manager . t&z Contract Amount Type of Wo Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project anager Contract Amount Type of Work Date Completed 3 Name and Addres f Public Agency Name and Te phone No of Project Manager Contract Amount Type of Work Date Completed CALIFORNIA JURAT Elm State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 30th day of June 2010 , Date Month By (1) Robert Bradley Name of Signer BRENDA l�ROYSUP Proved to me on the basis of satisfactory evidence Commission # 1700922 Notar Public California Z be the person who appeared before me O ( ) y z Riverside County '- ivlyComm DgXesCO26 20,0 (and (2) Name of Signer Prove to me on the basis of satisfactory evidence �elthe person who appeared before me ) Signature 41" Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document 0F SlIGNER 0sl Title or Type of Document Bidders Information Top of thumb here Top of thumb here Document Date 6 30 10 Number of Pages 2 Signer(s)Other Than Named Above None V "2009" PAST WORK REFERENCES City of Costa Mesa Prop 1 B Street Maintenance 77 Fair Drive Contract Amount $993,993 00 P O Box 1200 Start 7/2009 Costa Mesa, CA 92628-1200 On-going—not completed yet Contact Tom Banks, (714) 536-5431 City of Dana Point Annual Roadway Resurfacing Project 33282 Golden Lantern Contract Amount $3,982,982 00 Dana Point, CA 92628 Start 4/2009 Contact Archie Rempher, (949) 248-3500 On-going—not completed yet City of Beverly Hills 2008-09 Street Resurfacing 345 Foothill Road Contract Amount $4,085,000 00 Beverly Hills, CA 90210 Start 1/2009 Contact Juan Martinez, (310) 285-2521 Completed 8/2009 County of San Bernardino Arrow Route 825 East Third Street Contract Amount $1,980,000 00 San Bernardino, CA 92415-0835 Start 2/2009 Contact Sri Snrajan, (909)387-7935 Completed 7/2009 City of Redondo Beach Public Improvement Package 415 Diamond Street Contract Amount $1,678,000 00 Redondo Beach, CA 90277 Start 9/2009 Contact Javier Unsta, (310) 318-0661 Completed 1/2009 City of Westlake Village Joint Cities Pavement Rehab Project 31200 Oak Crest Drive Contract Amount $1,242,241 11 Westlake Village, CA 91361 Start 6/2009 Contact Roxanne Hughes, (805) 653-6597 Completed 9/2009 Department of Transportation Route 27, Contract No 07-2Y4904 12975 Culver Blvd Contract Amount $915,511 00 Los Angeles, CA 90066 Start 6/2009 Contact Sixto Ramin, (213) 216-4406 Completed 9/2009 City of Rialto Route 210 Detour 150 South Palm Avenue Contract Amount $1,983,548 00 Rialto, CA 92376 Start 6/2009 Contact Eddie Chan, (909) 820-2651 Completed 9/2009 "2008" PAST WORK REFERENCES City of Irvine University Drive Rehabilitation One Civic Center Plaza Contract Amount $3,445,289 40 P O Box 19575 Start 1/2008 Irvine, CA 92606-5268 Completed 6/2008 Contract Kal Lambaz, (949) 724-7555 City of Anaheim Anaheim Blvd Improvements 200 South Anaheim Blvd Contract Amount $278,391 00 Anaheim, CA 92805 Start 4/2008 Contact Sean Razmy, (714) 765-5069 Completed 6/2008 City of Newport Beach Superior Avenue Improvements 3300 Newport Blvd Contract Amount $862,862 00 Newport Beach, CA 92658 Start 1/2008 Contact Andy Tran, (949) 644-3315 Completed 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd Contract Amount $1,118 383 00 Westminster, CA 92683 Start 3/2008 Contact Theresa Tran, (714) 898-3311 Ext 282 Completed 7/2008 City of Lake Forest Street Resurfacing & Slurry Seal 25550 Commercentre Drive, Suite 100 Contract Amount $1 638,523 00 Lake Forest, CA 92630 Start 2/2008 Contact Luis Estevez, (949) 461-3485 Completed 4/2008 City of Santa Ana Santa Clara Avenue Improvements 20 Civic Center Plaza Contract Amount $2,219,523 00 Santa Ana, CA 92701 Start 11/2007 Contact Ed Torres (714) 647-5018 Completed 3/2008 o ® Fidelity and Deposit Company of Maryland 9" p Home Office P O Box 1227 Baltimore MD 21203 1227 BID BOND KNOW ALL MEN BY THESE PRESENTS That we ALL AMERICAN ASPHALT BOND NO 085 97 423 as Principal (hereinafter called the Principal ) and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P O Box 1227 Baltimore Maryland 21203 a corporation duly organized under the laws of the State of Maryland as Surety (hereinafter called the Surety ) are held and firmly bound unto City of Huntington Beach as Obligee (hereinafter called the Obligee ) in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN Dollars($ 101/o 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 Various Residential Street Pavement Overlay Maintenance Service Contract#474 Bid Date July 1 2010 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 23rd day of June A D 2010 ALL AMERICAN ASPHALT (SEAL) 46 P C I Witness �� rile V ♦l�vl FIDELITY AND DEPOSIT COMPANY OF MARYLAND r Surety By Q- SFAU) Barbara J Bender V Witness Rebecca Haas Bates 4rtornej it Tact Printed in cooperation with the American Institute of Architects(A14)by i idelity and Deposit Company of Maryland Fidelity and Depnsmt C company^i Maryland vouches that the language,in the document conforms Yactly to the language used in AIA Document A 310 February 1970 Edition BID700007Z0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 30, 2010 before me Brenda L Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(oMf S gnerr*�- f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in -� his/her/their authorized capacity(ies) and that by his/her4helr BREaNDA L ROvSTER r t signature(s) on the instrument the person(s) or the entity upon behalf Co TaiT)ia ion # 170C922 of which the person(s)acted executed the instrument a I Z 7`10tary r Ijb IC Ct. orn a s Z ' Rlv, side Co-n I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct WITNESS my rid and official al Signatur 4,4�_�� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Bid Bond—City of Huntington Beach Document Date June 23, 2010 Number of Pages 3 Signer(s) Other Than Named Above Rebecca Haas-Bates, Attorney-in-Fact Barbara J Bender,Notary Capacity(tes)Claimed by Signer(s) Signer s Name Robert Bradley Signer's Name ❑Individual ❑Individual X Corporate Officer—Title(s) Vice President ❑Corporate Officer—Title(s) ❑Partner—❑ Limited❑General ❑Partner—❑ Limited❑General RIGHT ❑Attorney in Fact ❑Attorney in Fact NER ❑Trustee Top of thumb here Trustee Top of thumb here ❑Other ❑Other Signer is Representing Signer Is Representing All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 623 10 before me Barbara J Bender Notary Public Date Here I sert Name a d Title of the Off ce personally appeared Rebecca Haas Bates Name(s)of S gn r(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/atfe subscribed to the within instrument and acknowledged to me that itte/she/"executed the same in-Ht her/thetr authorized capacity(tee) and that by Its/herAhei signature(4 on the instrument the person(* or the entity upon behalf of BqRBARAi rBEND"E�Rwhich the person(sj�acted executed the instrument B4ABF�fiAd Commission # 1801899 1 certify under PENALTY OF PERJURY under the laws Notary Public California Z of the State of California that the foregoing paragraph is Z , Orange County true and cor4hd My Com n Expires Jul 13 2012 r' d WITNESS mand cial i _ f s Pla e IN Signature t ry Seal Abo e S nat re of N t y Publ c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Bid Bond Document Date 623 10 Number of Pages One(1) Signer(s)Other Than Named Above All American Asphalt Capacity(lies) Claimed by Signer(s) Signers Name Rebecca Haas Bates Signers Name_ L:1 Individual individual Corporate Officer—Title(s) _Corporate Officer—Title(s) Partner—_ Limited J General r — Partner—_' Limited _ General M 0 Attorney in Fact r _ Attorney in Fact Xmi, ° - Trustee TAP of thimb here I Trustee I cp of h mb her Guardian or Conservator Guardian or Conservator Other Other _ Signer Is Representing _ i Signer is Representing Fidelity and Deposit Company of Maryland I ) ©2007 Nat ai N to}Assoc at c 9350 D Set A PO Be 2402 Chat it CA 91313 2402 +rr Nat IN 1 y g It 95907 R o 1 C IT 1 e 1 80&876 682 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 GREGORY E MURRAY Assistant Secretary in pursuance of authority granted by Article VI Section 2 of the By Laws of said ny which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate constitute and appoint William SYRKIN,Rebecca HAAS-BATES an f Irvine,California, EACH its true and lawful agent and Attorney in-Fact to mak e u behalf as surety and as its act and deed any and all bonds and undert �, ecu or undertakings in pursuance of these presents shall be as binding upon s 1 d s l ents and purposes as if they had been duly executed and acknowled y ele ompany at its office in Baltimore Md in their own proper persons er rn e on behalf of William SYRKIN Rebecca HAAS BATES Sergio D BECHW and l 'd April 8 2008 The said Assistant es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI Section 2 of the By L s said Company and is now in force IN WITNESS WHEREOF the said Vice President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 25th day of September A D 2009 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND to UEPOS,i 0 0 r By Gregory E Murray Assistant Secretary William J Mills Vice President State of Maryland I ss City of Baltimore On this 25th day of September A D 2009 before the subscriber a Notary Public of the State of Maryland duly commissioned ano qualified came WILLIAM J MILLS Vice President and GREGORY E MURRAY 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 •%iru1�:�r% f < rrrr71C11 q Maria D Adamski Notary Public My Commission Expires July 8 2011 POA F 012 0033 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN 0 e CITY CLERK August 12 2010 Copp Contracting Inc P O Box 457 Buena Park CA 90621-0457 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely � 4��/4vw) Joan L Flynn CMC City Clerk JF pe enclosure Sister Gtig4fo"/cjgWt/tet iiWWjg,,c ew Zealand (Telephone 714 536 5227) COPP CONTRACTING, INC P 0 BOX 457 BUENA PARK, CA 90621-0457 t 2010 Jl,.IL - I PHI 31 ( h({ CITY OF HUNTINGTON BEACH3fr w CITY CLERK — SECOND FLOORb x rg 2000 MAIN ST HUNTINGTON BEACH, CA 92648 m t "BID DO NOT OPEN WITH REGULAR MAIL" "VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY ` MAINTENANCE SERVICE CONTRACT #474z" BID JULY 1, 2010 2PM r §b J SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT# 474 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 45 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find 107 BID BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 Approximate Unity Item # Quantity Item with Unit Price Written in words Price Total Cold Plane 1 170 308 S F at THIRTY ONE CENTS-------per S F 0 31 52,795 48 Furnish and Install Petromat 2 585 080 S F at THIRTEEN CENTS---------per S F 0 13 76,060 00 Construct Asphalt Concrete at 12' 3 5 266 Ton at ANDENNOYcEff9E noLLARs_ per Ton 73 00 384,418 00 Ad ustt Water Valves to Grade 4 96 EA at ENgDHB WUNME per Each 265 00 25,440 00 Adjust Manholes to Grade 5 67 EA at DOLLARSDAND NOGCENTS- -per Each 685 00 45,895 00 Ad ustt Monument Well to Grade 6 30 EA at ML ARSDAND IRATE IVE per Each 235 00 7,050 00 Prepare Pre & Post Construction Corner Record and File with Appropriate Agencies TWO HUNDRED TWENTY DOLLARS 7 67 EA at AND NO CENTS---------- per Each 220 00 14,740 00 Total Bid Amount in Figures 606,398 48 Total Bid Amount in Words SIX HUNDRED AND SIX THOUSAND THREE HUNDRED NINETY EIGHT C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number #7 C E S M , INC LAND PARTIAL 2131 REDELL AVE , MONROVIA, CA 91016 6771 SURVEY 5 SANCON ENGINEERING, INC PARTIAL 5841 ENGINEER DR , HUNTINGTON BEACH, CA 731797 A 92649 LINDY S COLDPLANING PARTIAL 625 W MOUNTAIN VIEW, LA HABRA, CA 90631 754500 A 2,4,5,6 ALL AMERICAN ASPHALT PARTIAL P 0 BOX 2229, CORONA, CA 92878-2229 267073 A 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 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project �ALIFORNIA JURAT CERTIFICATE, State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 1ST day of JULY , 20 10 , by DENNIS W COPP — PRESIDENT OF COPP CONTRACTING, INC proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me 9 -�_ Jignature 444440P4464004a44a0a440400444444444440004 S YOLANDA LUJAN WOlMy COMM#1686755 m NOTARY PUBLIC CALIFORNIA QORANGE COUNTY ., a Commission Expires Aug 7 2010 ; eooe0000b000beboa4ao3o4o000000000oo44oaee ADDITIONAL DOCUMENT DETAILS(Optional Used for Document Security) Name/Title of Document NONCOLLUSION AFFIDAVIT Capacity Claimed by Signer(s) PRESIDENT Total Number of Pages in Document (not including this certificate) 1 Right Thumbp nt of gne(s) Document Date JULY 1, 2010 Additional Details CITY OF HUNTINGTON BEACH I 1 � l In tia6 _ In nil j CA JUR GDS212010 www highdesertnotary com NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange DENNIS W COPP , being first duly sworn, deposes and says that he or she is PRESIDENT of COPP CONTRACTING, 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 COPP CONTRACTING, INC Name of Bidder (�" 1) /'� - Signature of Bidder DENNI W COPP—PRESIDENT P 0 BOX 457, BUENA PARK, CA 90621-0457 Address of Bidder Subscribed and sworn to before me this 1ST day of JULY , 201 0 NOTARY PUBLIC PER ATTACHED JURAT NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (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 COPP CONTRACTING, INC Contractor L By DENNIS W COPP PRESIDENT Title Date JULY 1, 2010 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space provided Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 COPP CONTRACTING, INC Contractor 12-- -- z By DENNIS W COPP 01 PRESIDENT Title Date JULY 1, 2010 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct COPP-CONTRACTING, INC Bidder Name P 0 BOX 457 Business Address BUENA PARK CA 90621-0457 City, State Zip ( 714 ) 522-7754 Telephone Number #384209 "A" State Contractor's License No and Class NOV 1979 Original Date Issued NOV 30, 2011 Expiration Date The work site was inspected by DENNIS COPP of our office on 6/21/10 , 2010 The following are persons, firms, and corporations having a principal interest in this proposal COPP CONTRACTING, INC A CORPORATION P 0 BOX 457 DENNIS W COPP - PRESIDENT BUENA PARK, CA 90621-0457 ERLINDA COPP - SEC -TREAS �ALIFORNIA JURAT CERTIFICATE . State of California County of ORANGE Subscribed and sworn to (or affirmed) before me on this 1 ST day of JULY , 20 10 , by DENNIS W COPP — PRESIDENT OF COPP CONTRACTING, INC proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me gn¢ re $4444404444?44444440?44444044t6444440004A YOLANDA LUJAN D COMM#1686755 M T NOTARY PUBLIC CALIFORNIA W ORANGE COUNTY �+ My Commission Expires Aug 7 2010 04?0400?4?4a4444/^0A4"84'8444444440+D444444* ADDITIONAL DOCUMENT DETAILS(Optional Used for Document Security) Name/Title of Document BIDDER'S INFORMATION Capacity Claimed by Signer(s) PRF.STT)FNT Total Number of Pages in Document (not including this certificate) 2 RtghtTlt mbp nt oeq ne 60 JULY 1 2010 Document Date I f Additional Details CITY OF HUNTINGTON BEACH I VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY I i ) MAINTENANCE SERVICE CONTRACT #474 � I Intnal5 i �Inu al i CA JUR GD5212010 www highdesertnotary com 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 COPP CONTRACTING, INC Company Name Signature of Bidder DENNIS W COPP-PRESIDENT _ Printed or Typed Signature Subscribed and sworn to before me this 1STday of JULY , 2010 NOTARY PUBLIC PER ATTACHED JURAT NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 CITY OF CHULA VISTA 276 4TH AVE, CHULA VISTA, CA 91910 Name and Address of Public Agency Name and Telephone No of Project Manager KALANI CAMACHO 619-397-6113 $1,074,891 CHIPSEAL STRIPING FOG SEAL NOV 2009 Contract Amount Type of Work Date Completed 2 CITY OF NORWALK 12700 NORWALK BLVD , NORWALK CA 90670 Name and Address of Public Agency Name and Telephone No of Project Manager RANDY HILLMAN 562-929-5719 TRAFFIC CONTROL, M/H,SKIN PATCH,R&R A/C,CAPESEAL,SLRRY SEAL, $881M902 CURB,GUTTER, GRINDING,ASPHALT PAVING,STRIPING 3/08 Contract Amount Type of Work Date Completed 3 CITY OF LAKE FOREST, 25550 COMMERCENTRE DR. , LAKE FOREST 92610 Name and Address of Public Agency Name and Telephone No of Project Manager ADAM CURTIS 949-585-0477 597,686 20 REMOVE ASPHALT, ASPHALT PAVE,SLURRY SEAL, STRIPING, LOOPS 1/10 Contract Amount Type of Work Date Completed CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ORANGE On JULY 1, 2010 before me, YOLANDA LUJAN — NOTARY PUBLIC , (Here msert name and title of the officer) personally appeared DENNIS W COPP — PRESIDENT OF COPP CONTRACTING, INC who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/we subscribed to the within Instrument and acknowledged to me that he/she they executed the same in hisAwWkkow authorized capacity(les) and that by his/ erMwtr signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct 00300MOOPOOOOOOOOOOOOOOPOOOOOOP000004000 Y@,MY YOLANDA LUJAN ccCOMM#1686755 M WITNESS m hand and official seal WNOTARY PUBLIC CALIFORNIA QORANGE COUNT Commission Expires Aug 7 2010 0 /!, OOOOOOOOOOOOOOOOA000040000000000000000000 -a-V44a, St a Y of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a BIDDER'S BOND document is to be recorded outside of California In such instances any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in CITY OF HUNTINGTON BEACH California(i e cemfying the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required State and County information must be the State and County where the document Number of Pages—L Document Date 7/1/2 O 10 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which VAR RES ST PAVEMENT OVERLAY must also be the same date the acknowledgment is completed #474 (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public) • Print the name(s) of document signer(s)who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e ❑ Individual(s) helshe/dwjy is/ate)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording 12 Corporate Officer • The notary seal impression must be clear and photographically reproducible PRESIDENT Impression must not cover tent or Imes If seal impression smudges re seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney in Fact r Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i e CEO CFO Secretary) • Securely attach this document to the signed document 2008 Version CAPA 02 10 07 800-873 9965 www NotaryClasses com Bond No Bid Bond BID BOND The American Institute of Architects, AIA Document No A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Copp Contracting Inc 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 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 Residential Streets Pavement Overlay Maintenance Service Contract 4474 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 to said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 28th day of June 2010 Copp Contracting Inc Witness Wml� (Seal) By DENNIS W COPP—PIOESIT T Name/Title Contractors Bonding and Insurance Company Surety (Seal) Witness By Matt J Coats Attorney m-Fact ORSC 21328(5/97) �eeeeeeeeeeeeee�ae4eeeeer�eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee�eeeeeeeeeeeeeeee�y i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California j County of Orange j i JUN 2 8 2010 On before me, Adelaide C Hunter, Notary Public / (insert name and tole of the officer) / j personally appeared Matthew J Coats jwho proved to me on the basis of satisfactory evidence to be the person(s)whose naine(s)is/are jsubscribed to the within instrument and acknowledged to me that he/she/they executed the jsame in his/her/their authorized capacity{tes},and that by his,trr cir signature(s)on the j instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the j instrument I certift under PENALTY OF PERJURY under the laws of the State of California that the j foregoing paragraph is true and correct WITNESS my hand and official seal A EELAICE C HUNTER j j COMMIS810fl#1808793 j Notary Public California jSignature ' Orange County / i y Comm Expires Ane t 2012 / e i `�eeeeeeeeeeee�reeeeeeeeeeeeeree�eeeeeeeeeeeeeeeeeeeee�eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee��eaeeeeeeeeeeeeeeeeeeeeeeeeeeee��eeeeeeeeeee..�..ee i♦,�J ice• o-•� @o � �y i�� � �i yrf�� •Jo 4y r by i'1'Ooi•'�•=i uSi'•♦�••=:r i♦ii~"•s�r i♦��a r3 s��yy�=Or`9�rs i••�r�y� r�ir��o�yy�_j;r�i r♦O"Y.wr�r♦1�o��•j y i O s��••► .�%ice r»•moo ii^►p i 4i^•►! @`d bistr�� •ter,•e♦i o=sr�i ♦ �rr♦y 4 aa�► ♦ •�►?r e♦ ♦ ♦♦♦ ♦r s y�_� • �►i �v i 1 18♦,I�:pray�•o s,o�?�et Q=•�•asar`•',�:ip?°rab iia+•���=G J royoy jssw.ro o°s°d°i°,a'�rl�i•=oaa°ir«ya1�,'i r s c=i�;do°•sii Ob',a�ir.�iiiisa`;row Sri iri=i i�i+�=r�i 9s�=c=g:esw�r of asoo�Piste d c c u o°i�Ls'rs�ss�i���9 a qs •is.=r�s�.rs•J @is?•d/ri:•iwc d4 4•I4gibP j•:Mi ky=SiCy/iiriaCs iii=irIPiPPobaibrs`�i rf V ra?aii?0=:si�a,s6`i Cri 9•¢>.i•14 4Prs••r G�r�=s!kyba�•i:it 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Q tad . n iay'y=�� �!R yd•s •4 s:w �9rP 4iis�rrai y«- •o a soksii{ P 10ees yso- =��iiaib 0 chose� r 1 , E f • • •- 1 i i 6 a Yr is�d i•:fir,q s�•��;��' yO•c=Yk9•d CRFLS' ,L t� be acsd o.:�rlytir�tla tJre 6"0� 1 spect �ee lies eia ;e�i`i Pj� _ a .� _ _ �;p•a ♦s Pss♦- � r "• • •:.._, `•:�� .V• `.,! /i ! ! ! f /1 3 i "f • it%k�ijr, irrlof+•�- • � ��♦•rr ih,ri paper blackbears of Contractors s i 1 i ECompany - Company {r 'tf• originaldocument f watermark i • lE"•M1 1' paper printed i• - f/" blank f !spa ce beneath the words "i Power of • F/ of - document and is 6,11•,ro��e,`.. visible when the document is held to the lightdocument ! solely in connectionexecution and delivery of— the _o••�a�spi�i •say r• �Qs�ibs bond / tindicated below and provided. • i bond of type indicated below document' )f3C D� a 00 is valid only if the bond is executed on or befare the date indicated above KNOW ALL MEN Y THESE PRESENTS that the Company does hereby make constitute it site; • appointfollowing• t • i • ' i•i i •:ii%� t i •COATS xts true and lawful Attorney(s)—mn—Fact, •e • authority hereby conferred in its name, place and stead to execute Pis,r•Li.�- - - • - •acknowledge - • deliver ona s • oCompany =00'9�+iirf a•i•p4 undertakings of suretyship iven for any purpose provided such person shall •- authorized♦ to execute and • _ bond however or •• - i• ups r. j♦ +stria♦tthat shall obligate • = e•. portion of the penal sum _ _ .•da•• a•,o♦•sb bit♦���- y♦68 i{�s�•�•r' excess of t i i i Goo, • provided - • Attorney-2-n—Fact shall ,��•3ds�E ptssr� have the authorityto issue a bid or proposal bond • s contract is yy?=� ftt• '1 _ • awarded,# iii iii and (2) consents releases •e other c y!�0 9r0@6 4iir9r:�r documents by an • • _ _ under a •s • ♦ _ Company • -ii r6iriiy. •c�-spxi ' _ i` appointment t c made e - a e • - :•. • w Directors •Company ris:: .e�c isas a:sy+♦ice- +�ii e 1• 11•.ia�" �•1/. Pls/rs•�. srs! ici�ii�°'�•'a- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -r ikip�brb sssrr:V amiss*s a•�`�•w vq r,q !1♦♦♦�•� "��a�r9s4ir siQ•�♦�+� .�ui�ooyi i ••ios�i�. +o=r O •iris�� + Is•oo♦•+ .':�� t !- ! -t e ! t t : t. e 1 ! t 1- -/ o ;n;• •� �i s4a i1i1i�� yw yoxg0 ,r��•�p,� •1 i t ' � Pq+d ,t•Oa♦��r �Q�16+i•5 s sil+ra O•` �'o �k 6 C tiiis♦♦♦�•y _��s�rposyijt rY�ry4r=c�� �� � ter,....: .:.. _ a�k��iip• •P�k. � =y�r qs tt's`���� � - • � i! i • • i s �t � -"'sai+oyaid iPlisris%,�a • • • { k ♦ ��=��Qaotii •r��������� �i ' !� / • ! •�� � '+mow i p6y ifs, •• 1 • E s • +1j ;`!9`S...o�Eb '30t►�...�ila 4}'!s►e.Jally�3l1¢+n•.ab�a •}►�+,•.�e14 '1►►►x..i9�di 111+Rrs.�Ii4i kE�i►a.�t4b!'illp►a,as4{s11!lp1;.,J,��4d4il1►;,,.;Idi'llela►,Q.p;1{Eid�'I11;.,.,a44b'��h:iB..a�:;re s9=:=yp�i�Oaiyiiiiiolil+�rttb}C�111sriis s•iirtiiiiriiw�idrb44¢i�faP liysii�QfiSr!!}i`f¢i iriiiii�?iii!#tlf•+ii��rirl//fli¢fiiii�rlii4/}!1!i@ai�dti/INii osre�iriot{P44IrrewistgtlbtLli•s1�isstiiiiNiisiiir ji184G16•ri�i.+i•04Ps +•+:•��♦ii�irii♦iPiras�Psi�isiiisiisOs•9ras��i0i4iP•syi�rri`'�'isr�si4�9�i�rsY:�:rdssyerseiri�':tiiiid�lcaOt a!!r•i3i9ir�t�+si�Sri=�iorit�ti+esi�i♦•�•uas�s•Pre�s rssist•�s�rQ:sir"isiisis���:�os�prire�re�si�i o�Oi•si•;si�isy0♦I rsorst +t+tr•���rsr=�ssysirrsO•i=�°ya=iiOrgH�O♦o�♦s•�•♦ro�0♦rr♦sorob�essy=♦s or;ni•a*kirrs O;riV♦r r H a r r ♦r ru�d c s+r rr s r♦soon r�•y��s s qr n�.�x yr♦♦e rs•�.�y u`r♦♦•rs s•�a yrsd�P s 1 !♦��♦=+1M��♦♦r• �•►•rir♦sOri ws.ii♦♦=.V:y♦♦ ♦y irra.a��♦f�rr0=I�yOr♦rrr+riwy= ♦e ♦!T•• g�♦1� ,fir♦� 4 ♦r ♦i=roil►�.r♦yiOrita'i♦e 4e��ipJ o♦=y`y♦♦♦rr♦♦=.O�y♦%:��•��♦iiQ���yy�i�•��r=♦♦♦oe�r��►�r�1♦rj r•r�♦♦yp.�itt ♦ ♦ ♦ ♦ ♦�. ♦.a 0�l.r�♦s r �1 r 1 O r♦♦� i.♦ ��= 1 a0,� �1 o r 4:.♦.� n1 �= 9♦• ��� ��1 ♦♦�♦ �� 4r q+f�♦ ♦� �O A� y Oy QO a City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 o OFFICE OF THE CITY CLERIC JOAN L FLYNN a ! .. CITY CLERK August 12 2010 Hardy & Harper Inc 1312 E Warner Ave Santa Ana CA 92705 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely Joan L Flynn CMC City Clerk JF pe Enclosure Sister Crt/94fo"/ckWt/?etWriMWW@,,J`lew Zealand (Telephone 714 536 5227) � a 1121 t � egu � s , r ardy & Harper, Inc© x 7 1312 b Wainer AveIra n 'm Santa Ana CA 92705 ` J City of Huntington Beach g"' a Office of the City Clerk, Second f loor $ ' t 2000 Main Street � �� Huntington Beach, CA 92648 C mg y a IN ealed Bid for Various Residential Streets4 avement Overlay Maintenance Service ontiact 4 474 SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 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 45 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 umt 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 govem over extended amounts,and words shall govern over figures C-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void Bidder' s Accompanying this proposal of bid,find Bond in the amount of$ 10 o which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check",or"Bidder's Bond",as the case may be) Bidder shall signify receipt of all Addenda here,if any Addenda No Date Received Bidder's Signature G2 BID SCHEDULE MSC 474 =�u �4F ��p ,.��,�y.. s`�.�e�r�'t '�{/ {y�M ��{`��/f�M 3' 11A iy51�S �r� "" �i1[ kVr-It� 1br&*d't��.P��O�§■brdg9�,� -- py�d-sy 1 170 308 S F atold Plane per S F 01 '� �, Furnish and Install Petromat ' 2 585 080 S F at per S F l ° Z C Construct Asphalt Concrete at 12' 3 5,266 Ton at perTon Adjust Water Valves to Grade 4 96 EA at per Each Adjust Manholes to Grade 2-� �j _ �� 5 67 EA at per Each i Adjust Monument Well to Grade 'L _ 4 (�o — 6 30 EA atper Each I Prepare Pre& Post Construction Corner Record and File with Appropriate Z 2 S r LI Agencies 7 67 EA lat per Each Total Bid Amount in Figures 33 OS .. '-6 0 Total Bid Amount In Words IN �41A C-2s .uxa i OF SUBCONTRACTORS in accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who wrll 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 ortwn Name a,, d Address of Subcontractor State License Class Work �( Number n CGl ��0. 1'gvetven+ k2C'J 1 y �u'Z"to scy" S<vC"h� M ANT- Al to � pCxvnu �tve \UC+ �2 N vl vL S 1 Cobb✓ VJ 114 IV UrZi� c a 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 th, above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and b furmshed by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange Steve Kirschner , being first duly sworn, deposes and says that he or she is Vice President of Hardy & Harper, 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 Hardy & Harper, Inc N f Bidder 5ngnatureofBidder Steve Kirschner Vice President 1312 E Warner Ave , Santa Ana, CA Address of Bidder t Subscribed and sworn to before me this day of ,201,_,_ NOTARY PUBLIC NOTARY SEAL C-a CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Orange County of June 30 2010 Jo Ann Lyons Notary Public On before me k( Date Steve Kir9ttilf Name and Title at the Officer personally appeared Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(®) is/ate subscribed to the within Instrument and acknowledged to me that he/s%L�/Tay executed the same In his/tom/tkQ�r authorized capacity(as) and that by his/later/tWr signature(a) on the instrument the person(f) or the entity upon behalf of which the person() acted executed the Instrument JO ANN LYONS COMMiryP #ic L 1329 I certify under PENALTY OF PERJURY under the laws n � Notnry Public(,nlrfornn OW%NGECOUNTY - of the State of California that the foregoing paragraph is MyConun ExpiresAp[ 11 ?OI true and correct WITNESSgynd and ial seal Place Notary Seal Abo a SignatureSignatur of Notary Pub 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 NonCollusion Affidavit Title or Type of Document June 30 2010 1 Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed vSilgmeirosl) Signers Name vice President Signers Name ❑ Individual ❑ Individual Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ElAttorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Hardy&Harper, Inc Signer Is Representing Signer Is Representing 02007 National Notary Association 9350 De Soto A e PO Box 2402 Chatsworth CA 91313�402 www NattonalNotary org item#5907 Reorder Call Toll Free 1-800 876 b827 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (1)(we)(A) 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, fs 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 Hardy & Harper, Inc ContqtCor By- Steve kirschner Vice President Title Date 6/28/10 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5,the Bidder shall complete,under penalty of perjury,the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation9 13 Yes ®No If the answer is yes,explam the circumstances in the space provided i i I Note Thus questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire G6 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 m accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Hardy Harper, In Contracki ,-U, 6 L W/ By Steve Ki schner Vice President Title Date 6/28/10 G7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until tins form is completed and returned to the AGENCY Section 4216/421 7 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number,call Underground Service Alert at 1.-800-422-4I33 a minimum of two working days before scheduled excavation Dig Alert Identification Number t & Har er nc rj 6 1,� X 13Steve Kirschner Vice President Title Date 6/28/10 Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request c8 RIDDEWS INFORMATION BIDDER certifies that the following information is true and correct Hardy & Harper, Inc Bidder Name 1312 E Warner Ave Business Address Santa Ana, CA 92705 City, State Zip ( 714 ) 444-1851 Telephone Number 215952 A, C8 , C12 State Contractor's License No and CIass 3/13/63 Original Date Issued 12/31/11 Expiration Date The work site was inspected b)Porey K"chnero four office on 6/2 3 ,201 o The following are persons,firms,and corporations having a principal interest in this proposal See Attachment A C-9 Attachment A Yfardy e0faTer, Inc Corporate Officers p, Fred T Maa , Jr.,"President; reasurer, 11312 E Werner I venom f hld ,Managing Officer S ntw A`a, 6A 9 05 he e (714) 444 185111 and f Waas, CEO '131211E Warner Avenue hone 714� 444 1851 _ -- Santa Alfia, C -92705 Steve Ijrs°chn�r,Vice President 1312 E -*garnet Av "' 111—phone 714 44�'0 18 1 z Santa Ana, CA 92705 , Kri e S n gPauhno, Corporate Secretary 1312 if W neifAven, ° hone 714 444 1851 i- Santa A 92Z70 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 unprovements in accordance with the plans and specifications set forth Hardy & Iqar er, Inc A Comp e �'Xo 14all, Signature offidder Steve Kirschner, vice President Printed or Typed Signature Subscribed and sworn to before me this_day of ,201_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years l See Attachment B Name and Address of Public Agency Name and Telephone No of Protect Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Orange County of June 30 2010 J5 Jhn Lyons Notary Public On before me Date Steve KijqetName and Title of the Officer personally appeared Name(sf of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(®) whose name(ip is/arcs subscribed to the within instrument and acknowledged to me that he/sbe/Vmy executed the same in his/invItflw authorized capacity(vs) and that by his/later/ter signature(o on the instrument the person(.&) or the entity upon behalf of =PublicC-iftfornn NS which the person(o acted executed the instrument 329 QMY flfornnTY — I certify under PENALTY OF PERJURY under the laws 1, 201 t of the State of California that the foregoing paragraph is true and correct WITNESS y nd and ial seal Signature Place Notary Seal Ado a Signature of Notary P he 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 Bidders Information Title or Type of Document June 30 2010 2 Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed IstimSigirwh(s7 Signers Name Vice President Signer s Name ❑ Individual ❑ Individual �1 Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Hardy&Harper Inc Signer Is Representing Signer Is Representing ©2007 National Notary Association 9350 De Soto A e PO Box 2402 Chatsworth CA 91313 2402 www NationalNotary org item#5907 Reorder Call Toll Free 1 800 876 b827 Attachment B Yfardy e 0farper, Inc Owner/Agency Contact Project (Amount & End Date) City of Diamond Bar Kimberly Molina, PE Preventive Street 21825 E Copley Drive (909)839 7000 Maintenance Program Diamond Bar, CA 91765 f (909)861 3117 $ 1,521,000 00 12/09 City of Temecula John Salazar, PE De Portola Road Pavement 43200 Business Park Dr (951)694 6411 Rehabilitation Temecula, CA 92589 9033 f (951)694 1999 $ 1,369,000 00 12/09 City of Mission Viejo Rich Schlesinger, PE AC Repairs & Overlays 2009 200 Civic Center (949)470 3064 $ 1,135,000 00 11/09 Mission Viejo, CA 92691 f (949)455 2589 City of Upland Rene Guerrero, PE 7th Street Rehabilitation 460 N Euclid Ave (909)931 4230 $ 1,190,000 00 10/09 Upland, CA 91785 f (909)931 9923 City of Ontario Bill Braun PE Rehabilitation of Vineyard, 303 "B" Street (909)395 2129 Walnut, & Acacia Ontario, CA 91764 4105 f (909)395 2122 $ 1,231,000 00 7/09 ai Spy-TonJ 6=1-JAN One Newark Center International Fidelity Newark,New Jersey 07102 IN S U R A NO E CC) M P A NY (973)624 7200 KNOW ALL MEN BY THESE PRESENTS That we the undersigned HARDY&HARPER INC as Principal and THE INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation of the State of New Jersey as Surety are hereby held and firmly bound unto CITY OF HUNTINGTON BEACH in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID t$ 10% ) for the payment of which well and truly to be made we hereby jointly and severally bind ourselves our heirs executors administrators successors and assigns Signed this 24TH day of JUNE 20 10 The condition of the above obligation is such that whereas the Principal has submitted to CITY OF HUNTINGTON BEACH a certain bid attached hereto and hereby made a part hereof to enter into a contract in writing for VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 NOW,THEREFORE, (a) If said bid shall be rejected or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto properly completed in accordance with said bid and shall furnish a bond for the faithful performance of said Contract and for the payment of the persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said bid THEN,THIS OBLIGATION SHALL BE VOiD,otherwise the same shall remain in force and effect it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated The Surety for value received hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted and said Surety does hereby waive notice of any such extension IN WITNESS WHEREOF,the Principal and the Surety have hereto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers the day and year first set forth above Signed sealed and delivered in the presence of �E I C ATTEST Pri�Itc al Ste e sc ner,r Vice Pres ATTEST INTERNATIONAL FIDELITY INSURANCE CO By DWIGHT REILLY Bid Bond Date 6/24110 Attorney In Fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Orange County of June 30 2010 Jo-Ann Lyons Notary Public On before me Date Steve Kirl L rf&Name and Title of the Officer personally appeared Name(s)or S gner(s) who proved to me on the basis of satisfactory evidence to be the person( ) whose name(®) is/a®subscribed to the within instrument and acknowledged to me that he/4fe/t4vp executed the same in his/limTAK 4r authorized capacity(i(M) and that by nis/hm/th%� signature(®) on the instrument the person(p) or the entity upon behalf of fo ANv EYo�,s �t which the person(6) acted executed the instrument COMNI #1841329 Not-iry P ib is C-ihfornn - I certify under PENALTY OF PERJURY under the laws }s ORArcECOt NTy - of the State of California that the foregoing paragraph is flyConun Expires 1pr 17 2013 true and correct WITNESS y nd and o 4eal Signature Place Notar7 Seal Ado a Signature of Votary'uh c OPTIONAL Though the information below is not required by law it may Drove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Bid Bond Title or Type of Document June 24 2010 1 Document Date Dwight Reilly Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed Signer's Name yir a President Signer's Name ❑ Individual ❑ Individual I9S. Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney In Fact ❑ Attorney In Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Hardy&Harper Inc Signer Is Representing Signer Is Representing 02007 Nat oval Votary As oc do 935o De Soto A e PO 6 x 2402 uhatsworth CA 91313 9402 www Vat nalNotar7 rg Item 55907 Rearder—all Toil e 1 800 876 82 ACKNOWLEDGMENT State of California ORANGE County of ) On JUNE 24th 2010 before me ALLISON RITTO NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/afe subscribed to the within instrument and acknowledged to me that h&shetthey executed the same in his/beMhetr authorized capacity(m) and that by hisfler/therr signature(&) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal , F - A LIS 114 RF C G� Tm; 11CP rr 824�32 z' Pu Cabin is z Signature �� (Seal) ALLISON RITTO Tel(973)624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE ONE NEWARK CENTER 20TH FLOOR NEWARK NEW JERSEY 07102 3207 FOR BID BONDIRIDER/CONSENTSIAFFIDAVITS KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organtral and existing laws of the State of New Jersey and having ns principal office in the City of Newark New Jersey does hereby constitute and appoint DWIGHT REILLY HAT..DUECK Anaheim CA its true and lawful attomey(sy}-m fact to execute seal and deliver for and on is behalf as sutetyi an and all bonds and undertakings eo tracts of indemnity and other writings obligatory in the nature thereof which are or may be allowed required or ppermitted by kw statuto rule reggulation eohtract or otherwise and the execution of such ins'+nrnt(s) is pursuance of these presents shall as buid rig upon the said 1lMI RNATIONAL FIDELITY ][Na RAC COMPANY as fully and amply to all mtems and purposes as if the same had been duly executed and acknowledged by as regularly elected officers at its principal office This Power of Attarr,ayy,is executed and may be revoked pursuant to and by authority of Article 3-Section 3 of the By Laws adopted by the Board of Directors of IN 17 RPiATIONAL FIDELITY INSURANCL COMPANY at a meeting called and held on the Ilk day of I'ebrua II The President of any Vice President Executive Vice Pmsdcnt Secretary or Assistant Secretary, shall have power and authority (1)To appoint Attorneys-in fact and to authorise them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof and (2)To remove at any time any such attorney m fact and revoke the authority given Further this Power of Attorney is si acd and sealed by facsunde pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly calked and held on the 29th day ofgApril 1992 of which die following is a true excerpt Now therefore the signatures of such officers and die seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsritnle signatures or faesundc seal shall be valid and binding upon the Company and any su si ch power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in clue future with respect to any bold or unilertakiag to which it is attached 9r�TY l�f IN TESTIMONY WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY Itasca— ibis instrument to be signed and in corporate seal to be affixed by us authonzed officer this 29&day of August AD 2003 V SEAL INTERNATIONAL FIDELITY INSURANCE CO� � 1904,a STATE OF NEW JERSEY stem s j ay �4 County of Essex All �► � Secreta On this 29th day of August 2003 before me came the individual who executed the ptec tnsumnent,to me raonally known and being by me duly sworn said the he is the therein described and authorized officer of the IN ERNATdONAL i�TDELITY iNSURA CZ CORiIPAN�f.that the seal affixed to said instrument is the Corporate Seal of said Company that the said Corporate Scat and his signature were duly affixed by order of the Board of Directors of said Company OARQG IN TESTIMONY WHEREOF I have hereumo set my hand affixed my Official Seal ��Q" at the City of Newark New Jersey die day and year first above wnuen d NOTARY u '' PUSLIC �.. y 'J>ru5 A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov 21 2010 I the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregaing copy of the Power of Attorney and affidavit and the copy of the Sutton of the By Laws of said Company as set forth in said Power of Attorney with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY meld that the same are correct transcripts thereof and of the whole of the said on$uuls and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand this 24th day of ,dune 2010 —0� IKA Assistant Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 m ' OFFICE OF THE CITY CLERK ® ° JOAN L FLYNN CITY CLERK August 12 2010 1 C E Engineering 19042 San Jose Ave Unit L City of Industry CA 91748 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely od"-q4) -> - C Vigo) Joan L Flynn CMC City Clerk JF pe Enclosure Sister Gt1g-Ifogl$ic6Wt ret lbgW@.chew Zealand (Telephone 714 536-5227► k gip I C E Engineering Bering 2010 JUIL -- I \J1w\Ae\)Q'1 CQ P't@`CV\CQ I C E Engineering SECTION C PROPOSAL, for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT 4 474 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 45 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 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 tx-\*t S 6tO in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 APP roximate Unit Item # Quantity Item with Unit Price Written in Words Pricey Total Cold Plane �6 �CA 1 170 308 S F at ✓l i V)it t" Cep, per S F �( Furnish and Install Petromat 2 585080 SF at �b� ten c,ev1 erSF l� Construct Asphalt Concrete at 12' (� 10 77q, d 3 5,266 Ton at per Ton Adjust Water Valv s to Grade C 2 4 96 EA at'�wo � k"A<<9 S a7 s 4.J.1lper Each ��� ��i JJ� Adjust Manholes to Grade 5 67 EA at-�w �J(J E Q, s c _ per Each Adjust Monumen Well to Grade �JS �' U5 b 6 30 EA at per Each Prepare Pre & Post donstruction Corner Record and File with Appropriate I Agencies 7 67 EA at,3Mc, L (3 Sty °eIr tach Total Bid Amount in Figures 53-7 -7 '1�- Total Bid Amount in Words Q, k t rA W J( d.,I(,ro C 2s E LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number 00 �rn,11 P � S (� � 5bje�52 lah L LI D 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 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange P MWO Ngu Pn , being first duly sworn, deposes and says that he or she is Phbdftt .0 of l C E Engineering the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid 1 C E Engineering Name of Bidder Signature of Bid&rThao Nguyen ' Presidwt 19042 Serf Jose Ave,Unit L City of Industry,CA 91748 Address of Bidder Subscribed and sworn to before me this day of , 201_ V\fie S<? 1T CLj� - NOTARY PUBLIC NOTARY SEAL CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles SS On July 01, 2010 before me ShlrlPy Vong, Nita Public pnsert name and title of the officer) personally appeared P Thao Nguyen who proved to me on the basis of satisfactory evidence to be the persons) whose name{} Is/afe subscribed to the within Instrument and acknowledged to me that Wshe4hey executed the same In b+iEWher/the►r authorized capacltykeo and that by h+s�herfte+f slgnaturew on the Instrument the personks) or the entity upon behalf of which the persons}acted executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal SHIRLEY VONG N COMM 1885818 NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY MY Comm UP APR 15 (seal) (signature Vf notary p Ic) PROFESSIONAL NOTARY ASSOCIATION OF AMERICA v2009 2 www callfornlanotaryseminars com 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (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 C E Engineering Contractor 7 !tKt--A / By guyen r"deft Title Date DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes U No If the answer is yes, explain the circumstances in the space provided 0 � k Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 1 C E Engineering Contractor By P Thao Nguyen President Title Date 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 Dag Alert Identification Number i, ,I � nfla) �,n aZ '� QWr-CA C E Engineering Contractor By P'Thao Nguyen President Title Date Note This form is required for every Dag Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct 1 C E Engineering Bidder Name 19042 San Jose Ave, Unit L Business Address Cdy Of Industry,CA 91748 City, State Zip (l A ) S\o Telephone Number State Contractor's License No and Class Original Date Issued Expiration Date The work site was inspected by �MW) �`� of our office on u 1 , 2M The following are persons, firms, and corporations having a principal interest in this proposal P Thao Nguyen President Gordon Klme Jr Jose ManllaneS I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth i C E Engineering Company Name Signature of Bidder P'Thao Nguyen ' President Printed or Typed Signature 4 Subscribed and sworn to before me this b\ day of �u1 , 2010 NOTARY PUBLIC �\ease qee +yAck n 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 �\Q05Q SQ A c Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles SS On July 01, 2010 before me Shirley Vong, Nntary Puhllr. {insert name and title of the officer) personally appeared P Thao Nguyen who proved to me on the basis of satisfactory evidence to be the personko whose name(s.} isk- e subscribed to the within instrument and acknowledged to me that helshe4#ey executed the same in h sJherAhetf authorized capacity{ies} and that by hts/her he* signatureW on the instrument the personW or the entity upon behalf of which the person(}acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal =PUBLICCALIFORRA NG �r1n1 5818 ttoAv! LIPORNIA VlUNTY —(seal) Mt5 2Uf4"' (signature bf notary p bhc) PROFESSIONAL NOTARY ASSOCIATION OF AMERICA v2009 2 www callfornlanotaryseminars corn ti Engineering, Inc. 4:) License#834307 19042 San Jose Ave Unit L City of Industry, CA 91748 Ph (626) 810-6071 Fax (626) 810-6043 STATEMENT OF EXPEMENCE 1 Agency City of San Clemente 910 Calle Negocio, Suite 100 San Clement CA 92673 Project Street Rehabilitation for Avenida De La Estrella --Valuation-- $313,575-00 Completion Date 12/1/09 Contact Gary Voborsky Phone Number (949) 361-6132 2 Agency City of Costa.Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 Project 08/09 CDBG Street Improvement Project Valuation $407,473 00 Completion Date 12/1/09 Contact Susan Santoro Phone Number (714) 754-5096 3 Agency City of Chino 13220 Central Ave Chino, CA 91710 Project Chino Ave&Ninth St Improvements Valuation $65,000 00 Completion Date 10/1/09 Contact Naghmeh Imam Phone Number (909)464-8367 4 Agency City of San Dimas 245 E Bonita Ave San Dimas CA 91773 Project Reconstruction of Bnarwood Lane Valuation $95 000 00 Completion Date 8/1/09 Contact Shan Garwick Phone Number (909) 394-6248 ICE Engineering, Inc. License#834307 19042 San Jose Ave, Unit L City of Industry, CA 91748 Ph (626) 810-6071 Fax (626) 810-6043 5 Agency City of Culver City 9770 Culver Blvd Culver City, CA 90232 Project Pedestrian Island Modification Valuation $27,000 00 Completion Date 7/l/09 —_-- Contact Lee-Torres------ - — ----- ----- Phone Number (310) 253-5623 Bond No NIA BID BOND KNOW ALL PERSONS BY THESES PRESENTS that WHEREAS the City of Barstow ( City ) has Issued an invitation for bids for the work described as follows Protect #2010 02 STREET RECONSTRUCTION/OVERLAY ARMORY RD From Barstow Rd to Muriel Dr WHEREAS ICE ENGINEERING INC (Name of Bidder) 19042 SAN JOSE AVENUE UNIT L CITY OF INDUSTRY CA 91748 (Address of Bidder) ("Principal') desires to submit a bid to City for the work WHEREAS bidders are required under the provisions of the California Public Contract Code to furnish a form oT bidder's security with their bid NOW THEREFORE we the undersigned Principal and THE HANOVER INSURANCE COMPAY (Name and address of Surety) 333 CITY BLVD WEST 17TH FLOOR (Address of Surety) ORANGE CA 92868 (Address of Surety) JEFF DESROSIER 714 938 3229 Contact Telephone ( Surety ) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of TEN PERCENT OF THE BID AMOUNT — — — -- — — Dollars ($ 10/ OF THE BID AMOUNT ) being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves our heirs executors, administrators, successors, and assigns, Jointly and severally firmly by these presents Page 12 of 67 220 E MOUNT AN VIEW ST SUITE A BARSTOW CA 92311 THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the hereby bounded Principal is awarded a contract for the work by City and within the time and in the manner required by the binding specifications enters into the written foram of contract included with bidding specifications, furnishes the required bonds one to guarantee faithful performance and other to guarantee payment for labor and materials, and furnishes the required insurance coverage then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect In case suit is brought upon this bond surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys'fees in an amount fixed by the court Surety hereby waives the provisions of Calrtorn►a Civil Coae § 2845 IN WITNESS WHEREOF this instrument has been duty executed by Principal and —----S rP__=tv,on the data et foi#h-be1,C1w the-nampasf man ll-Eerpora#8-party-lo in h feto -ffined and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body Dated JUNE 18 2010 "Principal 'Surety" ICE ENGINEERING INC THE HANOVER INSURANCE COMPANY By p" ac E F"-u e �i� President By�YUNG T MULLICK ATTORNE*-IN FACT Its _ Its f (Seal) (Seal) Note This bond must be dated all signatures must be notarized,and evidence of the authority of any person signing as attorney in fact must be attached Page 13 of 67 220 E MOUNTIAN VIEW ST SUM A BARSTOW CA 92311 CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles f SS On June 18, 2010 before me ShlrlPy Vonq, Notary Public: 11TIe of F o ice personally appeared P Thao Nguyen who proved to me on the basis of satisfactory evidence to be the person(s) whose names} ls/afe subscribed to the within Instrument and acknowledged to me that hc4sheAhey executed the same In h4s/her/thel authorized capacltyoeo and that by h+s/her4hetr slgnature{O on the Instrument the person(o or the entity upon behalf of which the person(o acted executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal I 1 SHIRLEY VONG t Comm # 1885810 tth� a J NOTARY PUBLIC CALIFORNIA UJ I E LOS AMALE5 COUNYY (seal) MY Comm E%P APR 15 2014 t ' (signature of notary public) PROFESSIONAL NOTARY ASSOCIATION OF AMERICA v2009 2 www callfornlanotarysemrnars corn ACKNOWLEDGMENT State of Ca3€forn€a County of __—,_ Orange -- —} On _ June 18 2010 _ _ befo€e n e Petei Austin Neff Notary Public._T _ -- (insert name and title of the officer) personalty appeared Yung T Mulhck _ �,ho proved to me on t( e basis of satisfactory ev dence to be the person() whose narne(�5) €s;uir; sarDscribed to the v Ih€n €nst € rnent ard acknow€edged to me that hekckve y executed the same in hiskxxAlzivK au,hor€zed capac typ&,N) and that by h€sdojexllxam signature(x)on the instrument the oerson(t) or the ent€ty anon neha€f of which the person() acted executed the instrument I certify unae PENALTY OF PERJURY under the la vs of the State of California that the foregoing pa agraph s true and car ect WITNESS m rta-id and official sea' Or P°TAR Ata ITN NEF1� y q� obim 4792-389 r �O,Arj"FLrj i�,R raRNA S€Gnatu€e--- — ``"- ---- (Seal) ' € THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY both being corporations organized and existing under the laws of the State of New Hampshire and CITIZENS INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of Michigan do hereby constitute and appoint James W Modanen Jennifer C Giboney Yung T Mullick and/or P Austin Neff of Mission Viejo CA and each is a true and lawful Attorney(s)in fact to sign execute seal acknowledge and deliver for and on its behalf and as its act and deed any place within the United States or rf the following line be filled in only within the area therein designated any and all bonds recognizances undertakings contracts of indemnity or other writings obligatory in the nature thereof as follows Any such obligations in the United States not to exceed Ten Million and No/100($10 000 000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)in fact may lawfully do in the premises by virtue of these presents These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect RESOLVED That the President or any Vice President in conjunction with any Assistant Vice President be and they are hereby authorized and empowered to appoint Attorneys in fact of the Company in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds recognizances contracts of indemnity waivers of citation and all other writings obligatory in the nature thereof with power to attach thereto the seal of the Company Any such writings so executed by such Attorneys in fad shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons (Adopted October 7 1981 The Hanover Insurance Compan Adopted April 14 1982-Massachusetts Bay Insurance Company Adopted September 7 2001 Citizens Insurance Company of America) IN WITNESS WHEREOF THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seats duly attested by a Vice President and an Assistant Vice President this 29" day of April 2010 THE HPNLVER 1'4>LRANuE COMPANY 7AS5ACHUSEITS BAY INbURA'VCE+.CMPxNY Mgt yjtt � CI—IZEN!)IN',L)RANCE COPIPANY OF 'ViERfCr THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss On this 29 h day of April 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America to me personally known to be the individuals and officers described herein and acknowledged that the seats affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachugett,Bay Insurance Company and Citizens Insurance Company of Amenca respectively and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authorty and direction of said Corporations -- - ---------- BAF&W MN GNU" y s ! Not"R CamiacaoMi a Me f ufary P-ib Jc ipCu�niuME>�ibl My commission expires on November 3 2011 1 the undersigned Assistant Vice President of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America hereby certify that the above and foregoing is a full true and correct copy of the Onginal Power of Attorney issued by said Companies and do hereby further certify that the said Powers of Attorney are still in force-ind effect This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America RESOLVED That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto granted and executed by the President or any Vice President in con/unction with any Assistant Vice President of the Company shall be binding on the Company to the same extent as if all signatures therein were manually affixed even though one or more of any such signatures thereon may be facsimile (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14 1982 Massachusetts Bay Insurance Company Adopted September 7 2001 Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies at Worcester Massachusetts this 18TH day of JUNE 2010 Tit-14ANOVER INsur'ANC,E COMPANY MASSACHUSETTb St Y INSUkANCE COMPANY CITIZENS St,.21",A1CF C.t)tviPAN1 OF �AIMERICA --- f ✓ � � s.�l/ r f 010 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERK August 12 2010 Imperial Paving Co 10715 Bloomfield Ave Santa Fe Springs CA 90670 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely y 41W) Joan L Flynn CMC City Clerk JF pe Enclosure Sister 0tiq-qf0 lc6Wt/1etV,ilg�Wjd0GNew Zealand (Telephone 714 536 5227) a ;C715 L,7 r'o"f--i&-UN AVM ?01 °1F - I PM I 54 c F F24,y 7frCwa SEALED D/,w l PAvoaojr OV&P94AY (,q-74) wd Date- L�L'®'eTe.'o2�2f.sr�._ ■ do"" SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT# 474 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 45 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 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 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 Approximate Unit Item # ' Quantity, -Item with Unit Price Written in Words AProce Total Cold Plane 1 170 308 S F at 7w- —u cew-r-5 er S F 2-55, yz 5-7- Furnish and Install Petromat 2 585 080 S F at per S 9 i1 Construct Asphalt Concrete at 12' 7� 3 5 266 Ton at 5� T Si S� �aa"`N2r �'°er To (� 8� 5z O8� Adjust Water Valves to Grade 4 96 EA at �`�'O ``'"�rj2� �u s+ie-5 per Each Z.7a AdsjMaoes to Grade ry 75 5 67 EA at Each -7,91 —zs 11. 5 Adjust Monument We I to Grade _ 6 30 EA at Ti .a,' gam=, �� e2er Each 2 3 7 o Prepare Pre & Post Construction Corner Record and File with Appropriate Agencies Two, � .....a � s.x,y- 9 v� 130"'o�5 41 75- z 7 67 EA at c 5 per Each 2tP5 Total Bid Amount in Figures � Total Bid Amount in Words rivr,:�, r,c t-to I ' �i�=-r� - 0-J E I>n L'k'AL j N Liry - S, K c�'►.cTS C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number AiDTZ,sT" I�ETi1owrA �� - �2ec � �,�.•. 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 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AF'F'IDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange 1)L-A , being first duly sworn, deposes and says that he or she is -pp- � sE� ->'r2� of AL-- v -I the party making the foregoing bid that the bid is not ma I 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 1 der { s,ig f Bey, s 1 I-T- I d-�,5 1 t✓c o�...�r t—U� ,4�. ,,►-ram. 7�i�� �S A G G)Lr7 t7 Address of Bidder Subscribed and sworn to e this day of 201 o NOTARY P NOTARY SEAL R08ERT R GOINT Commission# '883550 z -� Notary Public California = z Los Angeles County My Comm Expires Mar 20 2014 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (I)(we)(1t) 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 C-0 «L Contractor ^By Title Date (o�lyli � DISQUALI>F'ICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 2�No If the answer is yes, explain the circumstances in the space provided Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 Co tract )I Y Title Date 41 , o 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 ti i d—jL—, ..�c Contractor Y--L AK-B Y L ►.1 �� 5 Title Date tp16) 1 D Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct 1" l L .J ,JC- Bidder ame IU-715 oi-4--*�. A\/r Business Address `5A,-r-^ FE D �L-,S, CA 0 City, State Zip ( 5tj2) 9114 - DCj-75- Telephone Number 2,cyo� o , State Contractor's License No and Class I2-1►-7 111q-7Q Original Date Issued 2�28�aoII Expiration Date The work site was inspected by (AkAA f our office on z1�/0 , 201 The following are persons, firms, and corporations having a principal interest in this proposal J►--t bu►J t�. ) SEC-) S 1)STi-3 V 'r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to pe form the contract for the proposed work and improvements in accordance with the p ns an s ifications set forth I►-A --tz�a4 v, L-, , Company N ,e J kZ�2� 0�K� R08ERT R 601NT 1 V Commission# 1883550 / z Signature o Bi der •s Notary Public California z z Los Angeles County D M Comm Expires Mar 20 2014 1►.t v r�1 �+2�"S T►QE S Printed or Type Signature Subscribed and sworn t this W of 0 2010 NOTARY PUBL 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 � -tEa�t-�-� Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed e O STATEMENT OF EXPERIENCE 1 Agency City of Rancho Cucamonga 1 Civic Center Drive Rancho Cucamonga, CA 91730 Project Etiwanda Ave &Rochester Ave Rehabilitation Valuation $401,749 00 Completion Date 2/28/10 Contact Shelley Hayes Phone Number (909) 477-2740 2 Agency City of Simi Valley 2929 Tapo Canyon Road Simi Valley, CA 93063 Project Major Street Rehabilitation Madera Road Valuation $350,860 00 Completion Date 2/28/10 Contact Sarah Sheshebor Phone Number (805) 583-6792 3 Agency City of Glendale 613 East Broadway Glendale, CA 91206 Project Greenbriar Road &Adjacent Street Rehabilitation Valuation $764,580 00 Completion 11/30/09 Contact Armond Simoman Phone Number (818) 548-3945 4 Agency City of Lancaster 44933 Fern Ave Lancaster, CA 93534 Project 2007/08 Street Resurfacing, Phase 1 Valuation $2,540,540 00 Completion Date 11/30/09 Contact Jon Cantrell Phone Number (661) 945-6862 (562) 944-0975 ® (714) 523 4492 9 (800) 634 3923 9 Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 e 0 5 Agency City of Orange 300 East Chapman Ave Orange, CA 92866 Project Santiago Creek Bike Trail North Valuation $325,786 50 Completion Date 10/31/09 Contact Alan Truong Phone Number (714) 744-5568 6 Agency City of Long Beach 333 West Ocean Blvd Long Beach, CA 90802 Project Easy Ave Improvements Valuation $1,161,550 00 Completion Date 9/30/09 Contact Rich Suit Phone Number (562) 570-6783 7 Agency City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Project Various Residential Streets Valuation $985,554 20 Completion Date 9/30/09 Contact Robert A Martinez Phone Number (714) 536-5423 8 Agency City of Anaheim 200 South Anaheim Blvd Anaheim, CA 92805 Project Frontera Street Improvements Valuation $426,891 10 Completion Date 8/31/09 Contact Sean Razmy Phone Number (714) 765 5059 (562) 944 0975 ® (714) 523-4492 a (800) 634 3923 s Fax (562) 944 0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 0 0 9 Agency City of Downey I I I I I Brookshire Ave Downey, CA 90241 Project Old River School Road Improvements Valuation $695,310 65 Completion Date 7/31/09 Contact Frank Sanchez Phone Number (562) 904-7117 10 Agency City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 Project Major Maintenance for San Dimas, Buena Ventura Valuation $460,567 25 Completion Date 6/30/09 Contact Gary Vorborsky Phone Number (949) 361-6132 11 Agency City of Culver City 9770 Culver Blvd Culver City, CA 90232 Project Residential Street Overlay Valuation $697,480 00 Completion Date 3/31/09 Contact Lee Torres Phone Number (310) 253-5600 (562) 944 0975 9 (714) 523-4492 a (800) 634 3923 Fax (562) 944 0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 BID BOND KNOW ALL MEN BY THESE PRESENTS that we IMPERIAL PAVING COMPANY, INC as Principal hereinafter call the Principal and BERKLEY REGIONAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of DELAWARE , as Surety hereinafter called Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT(10%) OF THE TOTAL AMOUNT OF THE BID for the payment of which sum well and truly to be made the said Principal and the said Surety, bind ourselves our heirs, executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS the Principal has submitted a bid for VARIOUS RESIDENTIAL STREET PAVEMENT OVERLAY - MAINTENANCE SERVICE CONTRACT#474 Now, therefore if the Obligee shall accept the bid of the Principal within the period specified therein or if no period be specified within sixty (60) days after opening 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 materials 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 penalty hereof then this obligation shall be null and void otherwise to remain in full force and effect Signed and se d thi 15TH day of JUNE 2010 f IMPERIAL PA IN WC MPANY INC (Seal) Principal t By BERKLEY REGIONAL INSURANCE COMPANY (Seal) Surety By JOHN G KO KOOTSEa ES Attorney-in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT F State of California T � County of LOS ANGELES On (jJLJI0 before me ROBERT R GOINT, NOTARY PUBLIC r I Date He e I sert Name a d T tle of the Off cer r personally appeared JIM DUNLEAVY, PRESIDENT/SECRETARY/TREASURER C N me(s)of S gner(s) F l who proved to me on the basis of satisfactory evidence to be the personW whose namely-is/,2W Z subscribed to the within instrument and acknowledged to me that he6s600W executed the same in hisZKOUtoW authorized capacity(Ao� and that by hislY40WK signature* on the instrument the person* or the entity upon behalf of which the personal acted executed the instrument ROBERTR GO8 1 certify under PENALTY OF PERJURY under the Commission# it183550 laws of the State of California that the foregoing qaMyComm Notary Public California Los Angeles County paragraph is true and correct Expires Mar 20 2014 WITNESS official se ure Pla e Not i Sea d or Stamp Abo o ng a nature of Nota y Publ c ®r/I® L Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent f audulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date _ _Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name_ Signers Name Corporate Officer— Ti le(s) _ — Corporate Officer—Title(s) Individual Individual e e Partne — - LimiteJ General To n G n r Partner— Limited -General Attorney in Fact Attorney in Fact Trustee _ Trustee Guardian or Conservator Guardian or Conservator Other Other Signer Is Representing { Signer Is Representing � 1 7 a N)tI 7 3 0 D t 1 P O 37 402 C Ort r> 1 13 40 1 al I I e t q0 R �1 1 r 00 S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } County of Orange } On June 15 2010 before me Elisa D Amato Notary Public personally appeared John G Kookootsedes who proved to me on the basis of satisfactory evidence to be the person4(f4 whose nameW is/a€e subscribed to the within instrument and acknowledged to me that he/sheMiey executed the same in his/tom€ authorized capacity(+ and that by his/hoUthow signature() on the a instrument the person( or the entity upon behalf of which the person( acted executed the instrument Cray I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS h and offic eal Signatur Place Notary Seal Above S,gnafure of No ry Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Number of Pages Signer(s)Other Than Named Above Capacity(ies)Claimed by Signer(s) Signers Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑Partner ❑ Limited ❑ General V El Partner El Limited El General ❑Attorney in Fact ❑Attorney in Fact ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other 77 Signer is Representing Signer is Representing No 572a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS that BERKLEY REGIONAL INSURANCE COMPANY (the Company ) a corporation duly organized and existing under the laws of the State of Delaware having its principal office in Urbandale Iowa has made constituted and appointed and does by these presents make constitute and appoint John G Kookootsedes or Matthew F Schafnitz of Brakke-Schafnitz Insurance Brokers,Inc of Laguna Niguel, CA its true and lawful Attorney in Fact to sign its name as surety only as delineated below and to execute seal acknowledge and deliver any and all bonds and undertakings with the exception of Financial Guaranty Insurance providing that no single obligation shall exceed Fifty Million and 00I100 Dollars($50,000,000 00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with and governed by the laws of the State of Delaware without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21 2000 RESOLVED that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney in fact named therein to execute bonds undertakings recognizances or other suretyship obligations on behalf of the Company and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto and further RESOLVED that such power of attorney limits the acts of those named therein to the bonds undertakings recognizances or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated and further RESOLVED that such power of attorney revokes all previous powers issued on behalf of the attorney in fact named and further RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligation of the Company and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company notwithstanding the fact that they may have ceased to be such at the tune when such instruments shall be issued IN WITNESS WHEREOF the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 Lk day of 2009 Attest Berkley Re al Insurance Company i (Seal) By By Ir S Lederman Robert P Cole Senior Vice President&Secretary Senior Vice President WARNING THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER STATE OF CONNECTICUT) ) ss COUNTY OF FAIRFIELD ) Sworn to before me a Notary Public in the State of Connecticut this 1 day of ti 2009 by Robert P Cole and Ira S Lederman who are sworn to me to be the Senior Vice President and the Senior Vice P esident and Secretary respectively of Berkley Regional Insurance Company EILEEN KILLEEN 1VO AR37I T_�RvPC MYCOMMSSION E;PIRE 1014F 30 2012 Notary Public State of Connecticut CERTIFICATE I the undersigned Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY DO HEREBY CERTIFY that the foregoing is a true correct and complete copy of the original Power of Attorney that said Power of Attorney has not been revoked or rescin0ed and that the authority of the Attorney in Fact set forth therein who executed the bond or undertaking to which this Power of kttu rey is attached is in full force and effect as of this date Giver under my hand and seal of the Company this_day of June 2010 (Se'AI) Ste\ n Coward ® City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC ® JOAN L FLYNN 4 1 CITY CLERK August 12 2010 M & E Construction 7938 Wood Road Riverside CA 92508 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your onginal bid bond for MSC-474 Sincerely Joan L Flynn CMC City Clerk JF pe Enclosure Sister Cities/f II ,44 tirettVf& 6ggoNew Zealand (Telephone 714 536 5227) . 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'P�' b Y>7 .✓ w` .^> °ro r +y�. &"r 'P cT yras 1 t,tt '� i " "� SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 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 45 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 Biaders and all other contract documents if this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc, and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER`S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void U.) Accompanying this proposal of bid, find e>%V bort1O in the amount of$ 0 0 'which said amount is not less than 10%of the aggregate of the total bid price, as requ red by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check",or"Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature C-2 BA® SCHEDULE MSC 474 Approximate Unit Item # Quantity Item with Unit Price Written in Words Pace 'Total Cold Plane 2 ib 1 170 308 S F at Fo CLeA 5 per S F Furnish and fristall Petromat o0 2 585,080 S F at t —per S F . 10 p$ ' Construct Asphalt a at 1 o 3 5,266 Ton at S per ✓ Adjust Water alves to Grade ,,,, 4 96 EA at 'Fovr �J /, per Each oo 400 Adjust Manholes to Grade CU 5 67 EA at %i e- �,J cLeJ per Each S oc) o a Adjust Monument Well to Grade 06 6 30 EA at 0 Nrc 'S\V j f�o per Each o �,o 3a '- Prepare Pre & Post Construction Corner Record and File with Appropriate Agencies 7 1 67 EA at Dper Each 000 Total Bid Amount in Figures Q7 6 Total Bid Amount in Words 5P_,,QQ.1O �\JJ4 C� C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange ►C'4qr'( 5hn no'-- , being first duly sworn, deposes and says that he or she is wl ct of �V +f Ob ii-4 `t4 C 4i 6y) the party making the foregoing bid thatthe 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 i natur 7938 w000 ca oA0 R\yE AS;1r7E CA 925o8 Address of Bidder i Subscribed and sworn to before me this _k+kday of SUMP. ,2010 SHARON ESTRIDGE VLORANGE M #1879238 3 PUBLIC CAIJFORNIA n COUNTY xp FEB 4 2014 NOTARY PUBLIC 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (l)(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 to � a Cot-1 er y VCR y04 Contractor Title Date G 30 20%0 C5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5, the Bidder shall complete,under penalty of perjury,the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space providcd Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire G6 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 co ' t j(:,"owl Contractor By Title Date So o jp 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 1-800422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number QE_ti C3 I N y Contractor By a.! Title Date 6 20 Note This form as required for every Dag Alert Identification Number issued by U S A during the course of the Work Additional forms may be obtained from the AGENCY upon request C8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct S CoeJ e-e ko ra Bidder Name °-7 415 5 W Ono Q-n ID'o %yC es P e CA TZ5Q Business Address i2,\y C-(L sws C& 925 09 City, State Zip (951 ) y�3-3632 Telephone Number 1s 9 ?) 4 r� State Contractor's License No and Class 0'3> 1 oz / kmci Original Dat ssued q 27- 'Zola Expirat n Date NIPNVEL, The work site was inspected by T-P CLR G 6 of our office on o , 201-0 The following are persons, firms,and corporations having a principal interest in this proposal M(AtjuE L- Torts C9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth I M £ E. Coa tSTguGrlQ'-J Company Name Signature o idder 5 Printed or Typed Signa ure Q01 o Subscribed and sworn to before me thisAay of T"Q ,24FA,�����SH COMM #1 B7923B 3 NOTARY PUSUC•CAUFORNIA n ORANGE COUNTY Comm Exp FEB 4 2014 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 ? LEASE SEE' A-MAso,�Q �ZEECde�j�� Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed C 10 North American Specialty Insurance Company BID BOND KNOW ALL MEN BY THESE PRESENTS That We M&E Construction Of 7938 Wood Road Riverside CA 92508 as Principal and North American Specialty Insurance Company of Manchester New Hampshire as Surety a New Hampshire corporation duly licensed to do business in the State of California are held and firmly bound unto The City of Huntington Beach as Obligee in the penal sum of Ten Percent of the Total Bid Amount Dollars ($10%of the Total Bid Amount) for the payment of which the Principal and the Surety bind themselves their heirs, executors administrators successors and assigns Jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH That whereas the Principal has submitted or is about to submit a proposal or a bid to the Obligee on a contract for Various Residential Streets Pavement Overlay MSC 474 NOW THEREFORE if the aforesaid principal shall be awarded the contract the said principal will within the penod specified therefore or if no period be specified within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract then this obligation shall be null and void otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former in no event shall the liability hereunder exceed the penal sum hereof PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee Any person who with the intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud SIGNED SEALED AND DATED this Ist day of July 2010 M&E Const crion Pnncipal BrAy orth American Specialty Insurance Com y By i /�-- Shaunna R Burchfiel Anomey m Fact BND 140 S REV(04/01) ACKNOWLEDGMENT State of California County of Riverside On July Ist,2010 before me Traci Larson Notary Public (insert name and title of the officer) personally appeared Shaunna R Burchfiel Attorney in Fact who proved to me on the basis of satisfactory evidence to be the person(,a'J whose name(gare subs nbed to the within instrument and acknowledge o me that he/0/they executed the same in his e their authorized capacity) and that by hi /he /their signature on the instrument the person or the entity upon behalf of which the personal acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct v000e..u.eoeenee..o.aHa.oe.e...ee..o. $ TRACI LARSON COMM#1876296 m WITNESS my hand and official seal W NOTARY PUBLIC CALIFORNIA Q ORANGECOUN7Y Xs J� My Commiselonoss�o 2e.1"ie4i3 Signature J ` (Seal) s NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY a WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT North American Specialty Insurance Company a corporation duly organized and existing under laws of the State of New Hampshire and having Its principal office in the City of Manchester New Hampshire and Washington international Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg Illinois each does hereby make constitute and appoint GEORGE BURCHFIEL and SHAUNNA R BURCHFIEL JOINTLY OR SEVERALLY Its true and lawful Attomey(s)in Fact to make execute seal and deliver for and on its behalf and as its act and deed bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies as surety on contracts of suretyship as are or may be required or permitted by law regulation contract or otherwise provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY FIVE MILLION($25 000 000 00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 h of March 2000 RESOLVED that any two of the Presidents any Managing Director any Senior Vice President,any Vice President any Assistant Vice President, the Secretary or any Assistant Secretary be and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds undertakings and all contracts of surety and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company and it is FURTHER RESOLVED that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond undertaking or contract of surety to which it is attached `\Q�c uunsut 9LZ— st IO & *`4, z+OM�NBy �S£l4I. = P A d P d t&Ch of E t Orr a f W h gt I t h I I C mp y 2 SE,4L =' Ty i3t3 O t &Srn V P es d t f N rth Am Spec Iry 1 C mp y 0 m E c7 c� �,y ka«A7�� arty �4igf YnuJl Ii+O� By >r D d M L yin Se V Pm d IF f Wash gt I t rn h n 11 M C mp y yr &V Pies dent rN rth Am n an Sp Ity 1 an C mr,"y IN WITNESS WHEREOF North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their authorized officers this 24th day of June ,20 10 North American Specialty Insurance Company Washington International Insurance Companv State of Illinois County of Cook ss On this 24th day of June 20 i0 before me a Notary Public personally appeared Steven P Anderson President and CEO of Washington International Insurance Compam and Senior Vice President of North American Specialty Insurance Company and David M Layman Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company personally known to me who being by me duh, sworn acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies 0MC1-%L SEAL DONNA D SKLENS Notary Publtc,State of Illinois Donna D Sklens Notary Public My Commission Expires 10/06011 I James A Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company which is still in full force and effect IN Vv ITNESS WHEREOF i have set my hand and affixed the seals of the Companies this i "day of v 20_� Jam A Carp t V ce P s dent&A tent Secretary f Wash gto I r m a W I man C mpan & North Am an Sp ally 1 m a Company ® City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 m ' OFFICE OF THE CITY CLERK o JOAN L FLYNN CITY CLERK August 12 2010 R J Noble Co 15505 E Lincoln Avenue P O Box 620 Orange CA 92856 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC-474 Sincerely Joan L Flynn CMC City Clerk JF pe Enclosure Sister New Zealand (Telephone 714 536 5227) ��4 k� IPIA gar M` r � � s � ENGINEERING CONTRACTORS �a a { `a 15505 E LINCOLN AVENUE PO BOX 620 ORANGE CA 92856 f � r a ` (714)637 1550 s � T gY �� q�'HE CITY 01=HUNTINGTON BEACH 2000 MAIN 5TREET o HUNTINGTON 5EACH,CA 9z6+8 c + r t r B = a VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINT SERV CONTRACT#474, HUNTINGTON BEACH BID DATE 07/01/2010 s SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT#474 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 und,rsigned agrees to complete the work within 45 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find 10%BID BOND in the amount of $ which said amount is not less than 10%of the aggregate of the total bid price as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words 'Cash", "Certified Check", or"Bidder's Bond",as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's Signature BID SCHEDULE MSC 474 n 3 € xA & �S�^ �yjy y (P }y �i A¢ 3 ��i�LT we -�:"i'� 1 �,� -,out Cold Plane 1 170 308 S F at no dollars & twenty on erS F 0 21 351764 68 Furnish and Install Petromat 2 585 080 S F at no dollars & erS F 0 125 73,135 00 Construct Asphalt Concrete at 12' 3 5 266 Ton at sixty three dollars fi Tents 63 50 334,391 00 Adjust Water Valves to Grade 4 1 96 EA at two pp hh hundred ninty doll Each 290 00 27,840 00 AdtVot '�i�i PNS�Tn`er P&lars 290 00 19,430 00 5 67 EA at per Each Adjust Monympt Well t� yrjade 6 30 EA at wo un re ninty o ars Each 290 00 8,700 00 perPrepare Pre & Post Construction Corner 260 00 17,420 00 Record and File with Appropriate Agencies 7 67 EA at do?larsdrea sixty per Each Total Bid Amount in Figures 516,680 68 Total Bid Amount in Words five hundred sixteen thousand six hundrea eig tydollarsl and sixty eight cents C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number UTILITIES RAMIREZ CONSTRUCTION 683241 C-61 C-61 BERNARDINO ROAD COVINA, CA 41723 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 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange MICHAEL J CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R J NOBLE COMPANY the party making the foregoing bid that the bid is not made in the interest of or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid R J NOBLE COMPANY Name of Bidder X Si tureBder MICHAEL J CARVER PRESIDENT 15505 E LINCOLN AVE ORANGE, CA 92865 Address of Bidder Subscribed and sworn to before me this 1 day of JULY , 2010 NOTARY PUBf'IC`X JENNIFER DEYONGH OT Y SEAL JENNIFERM177 GH Gomm(ssio1186 < Notary Public Cailforrna z Orange County '- My Comm Expires Oct 28 2011 ., 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 VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (I)(we)(1t) 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 R J NOBLE COMPANY Contractor X By oa� MICHAEL J CARVER PRESIDENT Title Date JULY 1, 2010 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5 the Bidder shall complete, under penalty of perjury the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided N/A Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 R J NOBLE COMPANY Contractor X By MICHAEL J CARVER,PRESIDENT Title Date JULY 1 2010 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 1-500- 422-4133 a mimmum of two working days before scheduled excavation Dag Alert Identification Number R J NOBLE COMPANY Contractor X By MICHAEL J CARVER PRESIDENT Title Date JULY 1,2010 Note This form is required for every Dag Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct R J NOBLE COMPANY Bidder Name 15505 E LINCOLN AVE Business Address ORANGE CA 92865 City, State Zip ( 714 ) 637 1550 Telephone Number A 782908, CLASS A State Contractor's License No and Class AUGUST 14 2000 Original Date Issued AUGUST 31,2010 Expiration Date The work site was inspected by STEVE MENDOZA of our office on JUNE 22 , 2010 The following are persons, firms, and corporations having a principal interest in this proposal R J NOBLE COMPANY A CALIFNORNA CORPORATION MICHAEL J CARVER PRESIDENT CRAIG PORTER VICE PRESIDENT STEVE MENDOZA SECRETARY JAMES N DUCOTE TREASURER The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth R J NOBLE COMPANY Company Name X Sign- e of Bidder MICHAEL J CARVER PRESIDENT Printed or Typed Signature f JENNIFER DE IONGH Commission # 1771186 Z -ee Notary Public California Subscribed and sworn to before me this 1 day of JULY 52010 Orange county ' fY Comm Expres Oct 28 2011 NOTARY P IC—X JEN IFEt DZEI O�N:G� 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 CITY OF HUNTINGTON BEACH P O BOX 784 HUNTINGTON BEACH CA 92648 Name and Address of Public Agency Name and Telephone No of Project Manager DAVE VERONE(714) 536 5221 $3 875 549 75 2006 07 ARTERIAL REHAB 12/07 06/09 Contract Amount Type of Work Date Completed 2 CITY OF MURRIETA ONE TOWN SQUARE MURRIETA CA 92562 Name and Address of Public Agency Name and Telephone No of Project Manager TOM NOWAK(951) 304 2489 $1 298 906 95 STREET IMPROVEMENTS 12/07 06/09 Contract Amount Type of Work Date Completed 3 COUNTY OF RIVERSIDE P O BOX 1090 RIVERSIDE CA 92502 Name and Address of Public Agency Name and Telephone No of Project Manager STAN DERY(951)955 6742 $4 628 247 70 STREET IMPROVEMENTS 02/08 10/08 Contract Amount Type of Work Date Completed BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford Connecticut 06183 Bond No N/A KNOW ALL MEN BY THESE PRESENTS Thatwe R J NOBLE COMPANY as Pnncipal hereinafter called the Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called the Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH zs Obliggee hereinnftPr Called the Obligee in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars($ 107 OF BID ) for the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves our heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS the Principal has submitted a bid for VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT #474 IN THE CITY OF HUNTINGTON BEACH NOW THEREFORE it 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 suco Contract ano give such bond or bonds a the PuincApat shall pay to the Obagee the difference not to eAceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith cortmc!rtrth another party•o perror*r the Wo+cc fered by said bid then this obligation shall be null and void otherwise to remain in full force and effect Signed and sealed this 21 s tday of JUNE 2010 R J NOBLE CO ANY _ (Witness) (Pnnapai)(Seel) M J CARVER, PRESIDENT (Tale) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) 8 JE PENDER T (Attorney wraG) Printed in cooperation with the American Institute of Architects(AiA)by Travelers Casualty and Surety Cnmpany of America The language in this document conforms exactly to the language used in AIA Document A310,February 1970 edition c i R40-C 4rA7 9 7� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 06/23/2010 before me JENNIFER DE IONGH, NOTARY PUBLIC Date He a Insert Name and Title of the Office personally appeared MICHAEL J CARVER Name(s)of Signe(s) who proved to me on the basis of satisfactory evidence to be the persono whose namek subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his,114a44e+r authorized s__aA .o., capacity(ws`) and that by his/ber4heisignatureK on the JENNIFER DE IONGH instrument the persono or the entity upon behalf of Commission # 1771186 which the person(fi acted executed the instrument Notary Public California z. orange county t 1 certify under PENALTY OF PERJURY under the laws Pli,r':cmm Expires act 2t; 2011 fY of the State of California that the foregoing paragraph is true and correct WITNESS my and ficial 1 Sign Place Notary Seat Above Igrlr re of Notary Public OPTI®NAL Though the information below is not required by law it may prove valuable to persons e rng 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(fes) Claimed by Signer(s) Signers Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited O General ❑Partner—❑ Limited ❑General ❑ Attorney in Fact PER1D Attorney in Fact u Trustee Top of thumb here ❑Trustee Top of thumb here C Guardian or Conservator v Guardian or Conservator ❑ Other ❑Other Signer Is Representing Signer Is Representing ©2007 Nat onal Note y Assoct do 9350 D Soto A e P 0 8 2402 Chatsworth CA 91313-2402 www Nat onalNotary org Item#5907 Reorder Call Toll Free 1 800 876 6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On_ �� before me R NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the person whose name(S-yislaFe-subscnbed to the within instrument and acknowledged to me that he/sheAhey executed the same in hjs1her1 iPw authorized capacity( and that by his/herh waw signature4&)-on the instrument the person(4ay'or the entity upon behalf of which the personko acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct R NAPPi WITNESS my hand and official seal COMM #1796916 NOTARY PUBLIC MIFORNIA RIVERSIDE COUNTY My Comm Expires June 7 2012 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Anj acknmi ledgmew completed in California must contain i erbiage eractlj as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the ttotan section or a separate acknouledginent form must be properh completed and attached to that document The onlj exception is if a document is to be recorded outside ofCallfornm In such nistances am aliernarne (Title or description of attached document) acknou ledgnueni i erbiage as nia) be printed on such a document so long as the i erbiage does not require the notar3 to do something that is illegal for a notary to California(t a certifying the authan ed capacity of the signer) Please check file (Title or description of attached document continued) document carefulh for proper notarial u ordmg and attach thisform if required Number of Pages Document Date State and County information must be the State and Count} where the document signer(s)personally appeared before the notary public for acknowledgment Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your bile(notary public) Print the name(s)of document signer(s)who personally appear at the time of notarization CAPACIn CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect fors(i c ❑ Individual(s) lrelshelthey—is/are)or circling the correct fors Failure to correctly indicate this information may lead to rejection of document recording ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a (Title) sufficient area permits otherwise complete a different acknowledgment for ❑ Partner(s) Signature of tht,notary public must match the signature on file with the office of the county clerk ❑ Attorney in Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title,or tvpe of attached document,number of pages and date Indicate the capacity claimed by the signer if the claimed capacity is a corporate officer indicate the title(i a CEO CFO Secretary) Securely attach this document to the signed document 7008 Version CAPA w 12 10 07 800 873 986 %xmiv NotaryClasscs coin WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters Inc Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St Paul Guardian Insurance Company Attorney In Fact No 222079 Certificate No 003678031 KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota that Farmington Casualty Company Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of Amenea are corporations duly organized under the laws of the State of Connecticut that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies ) and that the Companies do hereby make constitute and appoint Michael D Stong Rosemary Nappl and Jeremy Pendergast of the Cttv of Riverside State of California their true and lawful Attorney(s)in Fact each in their separate capacity if more than one is named above to sign execute seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS V4 HEREOh the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 20th day of May 2010 Farmington Casualty Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guarantv Insurance Underwriters Inc Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Companv United States Fidelity and Guaranty Company St Paul Guardian Insurance Company �sG ASV1�lj oa°� � 6� ff OWN NSG9 S b� o �O gICD�ORAtEO z J��I� f�m IW�pRPORA11 m HARTFORD `7y`t19HTFfjt < `o i SE.!WA roJ �6 SEAE a m CONN d ? a Is MHy State of Connecticut By City of Hartford ss Gem. Thompson emor ice President On this the 20th day of May 2010 before me personaliv appeared George W Thompson who acknowledged himself to be the Senior Vice President of Farmington Casualty Company Fidelity and Guaranty Insurance Companv Fidelity and Guaranty Insurance Underwriters Inc St Paul Fire and Marine lnsuranke Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company Travelers Casualty and Surety Companv Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company and that he as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof I hereunto set my hand and official seal eow,,0111 W w"My Commission expires the 30th day of June 2011 Marie C Teaedult [votary Public 58440 4 09 Printed in U S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4 ® City ®f Huntington Reach 2000 Main Street ® Huntington Beach, CA 92648 ® OFFICE OF THE CITY CLERIC ® JOAN L FLYNN CITY CLERIC August12 2010 Silva Construction Inc 9007 Center Avenue Rancho Cucamonga CA 91730-5311 RE MSC-474 Various Residential Street Pavement Overlay Enclosed please find your original bid bond for MSC 474 Sincerely Joan L Flynn CMC City Clerk JF pe Enclosure Sister CGtWfioiAjajoycjsipaor@tW66dt erctdcNew Zealand (Telephone 714 536 5227) SILVIA CONSTRUCTION , INC 9007 CENTER AVENUE C RANCHO CUCAMONGA , CA 91730-5311 2 0 10 J CITY OF HUNTINGTON BEACH CITY CLERK"S OFFICE , SECOND FLOOR 2000 MAI` STREET HUNTINGTON BEACH , CA 92648 "SEALED BID FOR VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY , MAINTENANCE SERVICE CONTRACT #474" BID DATE THURSDAY , JULY 01 , 2010 BID TIME 2 00 p m SECTION C PROPOSAL for the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY MAINTENANCE SERVICE CONTRACT# 474 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 45 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find 107 BIDDERS BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received Bidder's x ' nature K)aw-Q- BID SCHEDULE MSC 474 k k'p Quanta TJ e�m,,with Unit Price Wr' ten inWordskftdotal Cold PI ne �4 �1 1 170,308 S F at i S Fy Furni hand Install Pe 2 585 080 S F atiDhl r F Co s r ct Asph t �oncrete a�,� ''y�c.4 3 5 266 Ton at� �� er"Ton �� ! `� Ad ust ater Valves to rade ( dB 4 96 EA atl v !6!6 IAJer�Each Adjust anhol s to Grade / ®� 5 67 EA a J n U� )'P er Each ��� ' Add stnpon m nt el to Grade Wa� 6 30 EA a ,O ,/ /i4v- er Each Prepare Pre & Post Construction Corner 00 00 Record and File with Appropriate f 7 Agenci7,14Q s ���-� v 7 67 EA at 0 a, ���J6t er EachL Total Bid Amount in Figures Total Bid Amount in Words iU C- 0 v/1 P ) ,1P C 2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 1 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss County of Orange KURTIS AKABORI , being first duly sworn, deposes and says that he or she is VICE PRESIDENT of SILVIA CONSTRUCTION, 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 SILVIA CONSTRUCTION , INC Name of Bidder Signature of Bidder 9007 CENTER AVENUE RANCHO CUCAMONGA , CA 91730-5311 Address of Bidder Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC LOOSE JURAT ATTACHED NOTARY SEAL CALIFORNIA JURAT WITH AFFIANT STATEMENT �eeAttached Document(Notary to cross out lines 1-6) ❑ See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary) -- -------------------------------------------------------------- ---- 2 3 4 ------------------------------- ---- --------------------------------- 6 Signature of Document Signer No I Signature of Document Signer o STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Subscribed and sworn to (or affirmed) before me on tlus 01st day of DULY , 2010, by KURTIS AKABORI , PATRICIA BURKE roved to me on the basis of satisfactoryevidence wa Commission # 1798307 p Notary Public California son Bernardino County to be th erson who appeared before me Corrur� 26,2012 Signature o Notary ublrc Place Notary Seal Above -----------------------------------------------------OPTIONAL------------------------------------------------------ RIGHT THUMBPRINT OF RIGHT THUMBPRINT OF Though the information below is not required by law it may prove SIGNER SIGNER valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title Or Type Of Document Document Date Number of Pages Signer(s)Other Than Named Above UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the VARIOUS RESIDENTIAL STREETS PAVEMENT OVERLAY, MAINTENANCE SERVICE CONTRACT # 474, (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 SILVIA CONSTRUCTION , INC Contractors, ] By KURTIS AKABORI VICE PRESIDENT Title Date JULY O1 , 2010 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 L1 No If the answer is yes, explain the circumstances in the space provided n/a Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire 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 SILVIA CONSTRUCTION , INC Contractor l By KURITS AKABORI VICE PRESIDENT Title Date JULY Ol , 2010 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 I-800- 422-4133 a minimum of two working days before scheduled excavation Dag Alert Identification Number Contractor By Title Date Note This form is required for every Dag Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct SILVIA CONSTRUCTION, INC Bidder Name 9007 CENTER AVENUE Business Address RANCHO CUCAMONGA , CA 91730-5311 City, State Zip ( 909 ) 481-8118 Telephone Number 568194 A State Contractor's License No and Class MAY 31 , 1989 Original Date Issued MAY 31 , 2011 Expiration Date The work site was inspected by K U R T I S A K A B 0 R I of our office on J U N E 23 201 Q The following are persons, firms, and corporations having a principal interest in this proposal JOSEPH W SILVIA , PRESIDENT KURTIS AKABORI , VICE PRESIDENT CAROLYN D PARKER , CO-SECRETARY BENJAMIN B DAY , TREASURER 1 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth SILVIA CONSTRUCTION, INC Company N Signature of Bidder KURTIS AKABORI , VICE PRESIDENT Printed or Typed Signature Subscribed and sworn to before me thils t day of JULY , 20-o_ NOTARY PUBLIC (LOOSE -URAf ATTACHED) NO f ARY SEAL Listed below are the names, address and telephone numbers for three public, agencies for which the bidder has performed similar work within the past two years 1 CITY OF OXNARD, 305 WEST THIRD STREET, OXNARD, CA 93003 Name and Address of Public Agency Name and Telephone No of Project Manager PATRICIA FRIEND/(805)385-7821 $1,396,223 98 RESURFACING (GONZALES RD ) #PW06-16 JUNE, 2010 Contract Amount Type of Work Date Completed 2 CITY OF CAMARILLO , 601 CARMEN DRIVE, CAMARILLO, CA 93010 Name and Address of Public Agency Name and Telephone No of Project Manager THANG TRAN/(805) 388-5340 $2,407,446 00 PAVEMENT REHAB (VARS LOCALS) FEBRUARY, 2010 Contract Amount Type of Work Date Completed 3 CITY OF LAKEWOOD, 5050 CLARK AVENUE, LAKEWOOD, CA 90712 Name and Address of Public Agency Name and Telephone No of Project Manager MAX WITHROW/(562) 866-9771 ext 2502 $3,053,225 00 ST REHAB '08/PROP 1B & CDBG(RESIDENTIAL) MARCH, 2009 Contract Amount Type of Work Date Completed CALIFORNIA JURAT WITH AFFIANT STATEMENT 2-See Attached Document(Notary to cross out lines 1-6) ❑ See Statement Below(Lines 1-5 to be completed only by document signer[s], not Notary) 3 ------------------------ -------------- ........................... 4 ------------------------------- ---- ................................. 5 6 Signature of Document Signer No 1 Signature of Document Signer o STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Subscribed and sworn to (or affirmed) before me on this 01 st day of JULY , 2010, by KURTIS AKABORI , PAiRtC BURKE Commissionn # 1799307 Proved to me on the basis of satisfactory evidence -a Notary Public California z San Bernardino County to be the peso who appeared before me caer,.r ae a01 a Signature of Notary Pubhc Place Notary Seal Above -----------------------------------------------------OPTIONAL------------------------------------------------------ RIGHT THUMBPRINT OF RIGHT THUMBPRINT OF Though the information below is not required by law it may prove SIGNER SIGNER valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title Or Type Of Document Document Date Number of Pages Signer(s)Other Than Named Above Bond No 08560291 _ { Fidelity and Deposit Com"'p"affi"y POST OFFICE SOX 1227 OF MARYLAND BALTIMORE MD 21203 RID BOND 1 KNOW ALL MEN BY THESE PRESENTS That we Silvia Construction Inc { as Principal (hereinafter called the Principal ) and+the FIDELITY AND DEPOSIT COMPANY OF MARYLAND P O Box 1227 Baltimore Maryland 21203 a corporation duly torganized under the laws of the State of Maryland as Surety (hereinafter called the Surety ) are held and 1 fin* bound unto City of ,3untir on Beacn -- , - ------ _ -- - - - -as Obligee (hereinafter called the Obligee } in the sum of_ten percent-of amount bid- _ __ _ Dollars ($_J 0 0 ) for the payment of which sum well and truly to be made the said Principal and the said Surety bind ourselves our heirs executors administrators successors and assigns Jointly and severally firmly by these presents Various Residential Streets Pavement WHEREAS the Principal has submitted a bid for Overlay Contract #474 1 NOW THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shalt 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 shalt pay to the Obhgee 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 23rd June A D 2010 Signed and sealed this ——_.day of - Silvia-Construction -Inc (SEAL) - - - - - - - --- !1nnctpal Witness BY KURTIS AKABORI, VICE PRESIDENT41e i FIDELITY AND DEPOT IT- CO PAA�Y OF MARY�AND By ' s r , a ' (SSAI} Witness _ ATTORNEY-IN-i T Tittc caul-soM 79 Charles L Flake C—f tins A— A h tc-U Dxu A 110 F b—,y 1970 ES wn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On J ULY 01,2010 before me, PATRICIA BURKE,NOTARY PUBLIC personally appeared KURTIS AKABORI who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct -�7 =, Notary RICIA BURKE ssion�# 1798307 WITNESS my hand official seal '� ublic Californiarnardino County esmW26 2012 Si attIre o Notary Public 3 Place Notary Seal Above --------------------------------®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 NUMBER OF PAGES DATE OF DOCUMENT Signer(s) Other I han Named Above CAPACITY CLAIMED BY SIGNER. Singer s Name Kurtis Akabori INDIVIDUAL R[CHTT Mff3PRLW OF S16NER PARTNER ® CORPORATE OFFICER VICE PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other Signer is Representing SILVIA CONSTRUCTION INC NAME OF PERSON(S)OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 6/23/10 before me Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to LEXIE SHERWOOD be the person(s) whose name(s) is/are subscribed to the COMM #1856389 within instrument and acknowledged to me that he/she/they NOTARY PUBLIC s CALIFORNIA '� executed the same in his/her/their authorized capacity(les) ORANGE CotiIVTYT and that by his/her/their signature(s) on the instrument the Comm Exp JULY27 2013 o3 songs) or the entit upon behalf o4 ,rlhicn th-per(;o1s) acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature � �✓ram'��r Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(lies) Claimed by Signer(s) Signers Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer Title(s) ❑ Corporate Officer Title(s) _ ❑ Partner ❑Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee 0'7 ElTrustee ❑ Guardian or Conservator Top of th ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer Is Representing Signer Is Representing — L-- -- 007 Nat onai Nora y A so tat 9350 De Sot A e PO Box 240 Chatswo th CA 91313 2402 www Natio alNota y o g Item 45907 Reorde Call Toil Free 1 800 876 682 Poorer of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRFSENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporz'ion 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 I aws 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 cads by nominate constitute and appoint Richard A COON Charles L FLAKE,David L CUL B n e S OOD all of Anaheim California EACH its true and lawful agent and a U d deliver for and on its behalf as surety and as its act and deed any an II s n e xecution of such bonds or undertakings in pursuance of these presen I� in i as fully and amply to all intents and purposes as if they had been d t Macke h gularly elected officers of the Company at its office in Baltimore Md i�p per attorney revokes that issued on behalf of Richard A COON Chai les L FLAKE ew P FLAKE Lexie SHERWOOD dated November 7 2005 The said Assistant e es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI Sectior 7 of Coi ary and s- -- n f r-e iN WITNESS WHEREOI the said Vice President and Assistant Secretary ha,/e hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 15th day of November AD 2006 A rTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��p DfPpsP� O P W n , O b' B � �l y Eric D Barnes Assistant Secretary 4 illzam J Llill s Vice President State of Maryland ss City of Baltimore On this 15th day of November A D 2006 before the subscriber a Notary Public of the State of Maryland duly commissioned and qualified came WILLIAM J MILLS 'vice President and ERIC D BARNES Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same and being b� me duly sworn severally and each for himself deposeth and saith that they are the said officers of the Company aforesaid and that the seat affixed to the preceding instrument is the Corporate Seal of said Companv and that the said Corporate Seal and their signatures as such officers were dins affixed and subscribed to the said instrument by the authority and direction of the said C,omoration IN TES rIMONY WHEREOF I have hereunto set ni,, hand and affixed my Official Seal the day and year first above written i. F i Constance A Dunn Notary Public My Commission Expires July 14 201 t POA F 012 4150H