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POPULAR PAVER - 2004-05-17
CA.$)Y f&WT.C'4 er ND 8/ems �1oNAAyJ .FT.r�� aG� ad�y Q a OD Q v ) nierccan ----r sp halt ' r P O BOX 2229 CORONA CA 92878 2229 TO Dirk,- eF rw em- G ?VOO MQ/y X7, SEco,YO i 6.P yUNT/rY6�N BEA�iY, C4 4�G y8 d a RETURN REQUESTED ,. r CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 200 4 To: s�4X 12 �1212 r Enclosed please find your original bid bond issued by G,Wmriv ai= / '/ '/4,*Pv� for J+-OC) City Clerk Enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) UFidelity and Deposit Company of Maryland rZA* Home Office:P.O.Box 1227.Baltimore.MD 21203-1227 BID BOND KNOW ALL N EN 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 Huntin on Beach as Obligee,(hereinafter tailed the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN Dollars(S 100/a 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 Beach Boulevard Widening Improvements at the South East Cornier by Edinger Avenue, Cash Contract No. 1105 Bid Date: Apri126,2004 w 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 Iarger 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 21st day of April A.D., 2004 ALL AMERICAN ASPHALT (SEAL) Principal r � Witness r d rtrdlCy�Vi[��reSra cn� Tttle FIDELITY AND DEPOSIT CO ANY OF MARYLAND Surety BY (SEAL) Witness 9NM.BROWN .Arrorney�-in-Fact Printed in cooperation with the American Institute of Architects(AU)by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310.Febniary 1970 Edition. BID700007Z0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On 4-21-04 , before me, BARBARA J. BENDER Dots Name WA TBb d Caw(e.g..'JaM Dos,N61sry Public) personally appeared OWEN M• BROWN , N-a(s)of SWor(s) XXXN personalty known to me 70QC to be the person(jo whose name0j) ism AARLQA J. IIENDBt subscribed to the within instrument and Cprtltttld m01267,491 acknowledged to me that he/OmOtltilgCexecuted 90,00 wary P02ft. the same in his)} authorized Orange County capacity , and that by his/4 MY Comm B eaJctl3.20O4 signature(,q on the instrument the person(, or the entity upon behalf of which the personM act executed the instrument. I SS hand n ' I seal. Paee Motry SeN Above d N"Y PIABe OPTIONAL Though the Information below/s 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 Docurqent: BID BOND Document Date: - 4-21-04 Number of Pages: Signer(s)Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ Individual NO Top of thumb hero ❑ Corporate Officer-Title(s): ❑ Partner—O Limited ❑General XEK Attorney In Fact O Trustee O Guardian or Conservator O Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND � a 0 1996 NaOmW Notary M@0C1AdM•SM Do Sob Ara..P.O.Boa 2402•Chu.wom%CA 9171}2a02•www.naamWnmary.aq Prod.No.5907 Reader.Caa Toa•Fraa 1.8004764M 5ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived—. This amount is reflected in the total premium for this bond. Disclosure of Availabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for tosses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid tosses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is I%of direct earned premium in the prior year;for 2003,7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Art of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a'vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act,in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For BEACH BOULEVARD WIDENING IMPROVEMENTS - CC 1105 AT THE SOUTH EAST CORNER BY EDINGER AVENUE April 8,2004 Notice To All Bidders: Please note the following clairitication to the Project Plans,Specifications,and Special Provisions: Specifications Section C—Proposal for the Beach Blvd Widening Improvements at the South East Comer by Edinger Avenue (see Page C-1) 1. Delete the 1s paragraph and replace with the following: 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 Vt Notice to Proceed will be Issued at the execution of the contract for traffic pole procurement The 2nd Notice to Proceed will be issued to the undersigned following the submittal of proof of mast-arm signal pole procurement(with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2"d Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. Section C—Project Alternative(see attached Project Alternative Bid Schedule,3 sheets) 2. Contractor shall provide an Additive Altemate Bid to off bid items for construction activities under the following daytime work requirement(see attached Project Alternative Bid Schedule). The Additive Alternate Bid, Project Alternative, is an Integral part of this proposal, and to be responsive, the bidder shall quote a price for all the Additive Alternate Identified/listed in the attached Project Alternative Bid Schedule. The City shall award the contract on the basis of the Project Base Bid alone.: The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM,Monday through Friday. Exceptions include weekend and overnight activities at specific locations as listed In Section 7-10.3. Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays and any exceptions listed in Section 7- 10.3. Section 6.71 (see Page E-8) 3. Delete the 1"paragraph and replace with the following: The 1" Notice to Proceed will be issued at the execution of the contract for traffic pole procurement. The 2"d Notice to Proceed will be issued to the undersigned following the submittal of proof of mast. arm signal pole procurement(with a firm delivery date) and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2"d Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. During the traffic pole procurement period, the Contractor shall obtain the new mast-arm signal pole as called for on the Traffic Signal Modification Plans. The Contractor shall also be required during this procurement period to obtain the Caltrans Rider Encroachment Permit, which includes obtaining approval of the Contractoes traffic control plans and Water Pollution Control Plans(WPCP,see"draft'plan in Appendix III,which addresses the Carrrans Encroachment Permit) and approval of all other contract paperwork and required clearances from the Cities of Huntington Beach and Westminster. This modification does not change the Engineer's Estimate or the Bid Opening dateltime for this project. This Is to acknowledge receipt and review of Addendum Number one,dated April 8,2004. _ All Amcffall A,S 4bal r Company Name By Uberk b", *CC rsidar* znj Dale All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Duncan Lee at(714)375-5118. r SECTION C PROPOSAL for the BEACH BLN'D NN IDENING IMPROVEAIENTS at the SOUTH EAST CORNER BY EDIN GER AN ENWE CASH CONTRACT No. CC 1105 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Imiting 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 V Notice to Proceed will be issued for traffic pole procurement. After undersigned submits proof of mast-arm signal pole procurement and a detail construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2"d Notice to Proceed to the undersigned to commence Immediately with the physical site work thereafter to be completed within a Thirty (30) working day Construction Period. However, due to the holiday season and limited parking in the adjacent commercial center, the 2"d Notice to Proceed will not be issued by the AGENCY between September 1,2004 to January S,2005. 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 jump 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 TTIE 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 C-1 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. loo'o xt Accompanying this proposal of bid, find in the amount of$ e� end �+ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice InAting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's&nature i H- to-o►� �-�-- �+'t +�,V Kc ►ae, C-2 PROJECT ALTERti'ATIVE BID SCHEDULE -Addendum #1 (for Day Work) item Estimated Item with unit price = Extended No.' Quantity written in nerds Unit Price Amount I I 1610BILIZATION LS @Ofbjrby rig-0 'f�DL*A14_D Dollars S IWO S 2ayoo Cents Per LS 2 1 TRAFFIC CONTROL LS C fVueTr:�GO Itk16&,�D TWI D 1'i S Iq 200 S 14WO Cents Per LS 3 1 MISCELLANEOUS REMOVALS LS CTo¢l�? 4!F4 1&o5 o 7 Dollars S boo s �!3na Cents Per LS 4 290 CONST.PCC CURB AND GUTTER LF C I-WeKrl 51 K Dollars S Zb 4� S Y� Cents Per LF 5 174 CONST.8"PCC CURB ONLY o LF a' _ _ "rWPNTV _rdtAP-- Dollars s ZY• S 1 Cents Per LF 6 197 CONST.6"PCC CURB ONLY LF C 'TWe tw1Ty TW J Dollars S 72.S,� S E:I EWT Y Cents Per LF 7 2296 CONST.4"THICK CONC,SIDEWALK AND CURB Rkv1P SF G _ tAiU _ _- Dollars S •-V's S _Cents Per SF 8 2245 0.1T CONSTANT DEPTH COLD MILL SF Q -M?-S� Dollars - 'M0 ^Cents Per SF 9 20 CONST.30"WIDE X 4"HIGH PARKWAY D LF G SWD Dollars s ZZ•� S y�10 Cents Per LF 10 58 CONST.30"WIDE X 6"HIGH PARKWAY DRAIN LF C A.11W Sty TY ftJG Dollars S I 5 S 76•�� Cents Per LF (Addendum#1)G1s 'PROJECT ALTERNATIVE BID SCHEDULE -Addendum #I (for Day Work) Item Estimated Item with unit price : Extended No. Ouantit written in words Unit Price :. Amount 11 50 CONST.30"WIDE RAILBOX RCS LF @ dl-CU Dollars 15 000 Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT EA C n _C _MD4540 Dollars S 3co $ 3000 Cents Per EA 13 1 CONST.5'W IDE SUMP BOX PER DETAIL 9& EADollars S g da S �3m Cents Per EA 14 2 CONST.8'WIDE SUMP BOX PER DETAIL 98 EA @ N Dollars S 9100 S WOO Cents Per EA - 15 1325 COAST.A.C.PAVEMENT&LEVEL COURSE TN @ §_nily bNM Dollars S ?1 •V° S r3 Oa0 Cents Per TN 16 65 CONST.0.15'THICK ARHM SURFACE COURSE PAVEMENT ve TN a'_'rj90 Aci _LKA Qt1rs _ Dollars S 20 • S ! D6 Cents Per TN 17 1 NST.2"PVC STREETLIGHT CONDUIT WIPULLROPE LS @:j!R156 e. Wb 51r ��XO Dollars S 3 ko S 3&D0 Cents Per LS 1$ i RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA @TIVS Ttbjwh Dollars S S Dec? $ L50DO Cents Per EA 19 1 NfODIFY LA.NDSCAPFJIRRIGATIOr�N&HAND WAFER LS (2T1„z0 j)kusa�jUE �# jre ^Dollars S 21500 S Z5,0 Cents Per LS 20 1 SIGNING,STRIPING,MARKERS&MARKINGS LS c' _IMLL9�0_(dNAjIc DolIars s 3 700 s 3 o0 Cents Per LS (Addendum#1)C-2s 'PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) item Estimated item with unit price :..::. : . Extended No. Quantity - «ritten in Kords - Uait Price Amount 21 l TEMPORARY TRAFFIC SIGNAL SYSTEM ' LS @ us a Dollars S 53�" S 153yv Cents LS 22 1 ;MODIFY TRAFFIC SIGNAL fNCL JDES LOOTS f LS @T Fi�N-7: VvflIDtou Dollars S 2_- a yo - S281100 Cents Per LS 23 1 RESET SURVEY AIONUMENT LS d- 1:1%* `&LAsAw Dollars S S 00 Cents Per LS 24 rr Dollars $ S Cents Per 25 C Dollars 5 S Cents Per Total Amount Additive Alternate Bid in Figures: S '157 t Z56 . 8() Total Amount Additiva}iernate Bid in Words:_-�-y,�p_��d�c� (Addendum#1)C 3s " PROJECT BID SCHEDULE tern ;Pstirnate tern with unitprice::;:::::: :::::::::: zten e :: ;.; t. uaiif[t' rit en..ri'i�ords . := ... t. .i' t 'L nt Pr�e.... 1 1 MO L1ZATION „wB il ,voi f LS @ T d ' Dollars $- IZ 200 $,2%740 Cents Per LS 2 1 TRAFFIC CONTROL LS @ RMEt) TbUSA4,rNe—Hnc&'-e ollars $ 14 .50, S 14 600 Cents Per LS 3 1 MISCELLAKEOUS REMOVALS LS @ Ds1� u51 Dollars $ �l�, 6d 0 S ill '-- - —�-- Cents Per LS 4 290 CONST.PCC CURB AND GLTTER LF @ 7—W gt.!T ti' DoIlar $ Z1, S El ITT Y Cents Per LF 5 174 CONST.8"PCC CURB ONLY LF @ TV.A—e Twe Fo u r•L Dollars S 7_0• b $ 4 Z(os. o A 1L'T}' Cents Per LF 6 197 CONST.6"PCC CURB ONLY LF @ -fW r JT Y TF P- t Dollars s 23 s4.53). Cents Per LF 7 2296 CONST.4"'THICK CONC.SIDEWALK ANTD CURB RAMP SF a 1pOu Dollars $ $ .J Cents Per SF 8 2245 0.17 CONSTANT DEPTH COLD MILL SIQ SF @ —MP*,u Dollar $,,-. �° S 7Jc�• 1y Cents Per SF 9 20 CONST.30"«'IDE X 4"HIGH PARKWAY DRAIN LF Calu 0 r: !'e FY �LO`! Dollars S 2LZ•per S Cents Per LF I0 58 CONST.30"WIDE PARKWAY DRAINLF @.,QIIGH v Dollars S S •ate Cents Per LF PROJECT BID SCHEDULE tear tirrtate tern Kit rtrtis;price:777::•::: :•:•:::::::::: xtended•:-:- Y.' tt :w fce:: �4inouat::::. :Qiiaiit[t�. r3 en-ia.. orris' :::unif'Pr 11 50 CONST.30"WIDE RAILBOX RCBII LF @ ����y ��tl_ Dollars S Cents Per LF 12 ' 1 CONST.PARKWAY CLEAN OL7 EAR� � Dollars Cents Per EA 13 1 CONST..5'WADE SUMP BOX+PE-R�yDnETAIL A � ? 7,, EA C�L6, us4 N 1l r T RT t Dol tars S '8J 0D $ 930 0 Cents Per EA I4 2 COAST.8'WIDE SUMP BOX PER DETAIL 9 EA @j1j T q �1 rs s 870D s 17 50D Cents Per EA 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE TN Dollars S_ � $� Cents Per TN I6 65 CONST.0.IS'THICK ARHM SURFACE COURSE PAVEMENT TN C f 1J0_ WdAAd - n N9 Dollars s 2.or.Oy S 13 ObS Cents Per TN 17 1 MST.2"PVC STREETLIGHT CONDUIT WI PULLRO E LS @ 1i uJ1- .SALOU o lars $� 5 oD s Af5 o a Cents Per LS 18 1 RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA @ IE1%) TleUS+.ti:12! Dollars s 5000 S .J 0?6 Cent Per EA 19 1 :MODIFY LANDSCAPEIIRRIGATION&:HAND WATER LS RUMP ollars S 2500 $ 450d Cent Per LS 20 1 SIGN,7NG,STRIPrING,MARKERS&h GS &ey LS @ t�Q�Na $ 37 0b s 20b Cents Lj_ I Per LS PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 21 1 TEMPORARY TRAFFIC SIGNAL SYSTEM LS @ 511 1&5k&> eQ huKcDollars $ 6 300 $ 6300 Cents Per LS 22 1 MODIFY TRAFFIC SIGNAL INCLUDES 1 LOCg,� y 14 LS @ &TV d,je f a o-y ' 1� Dlollars $ 3b bOO $ A 600 Cents Per LS 23 1 RESET SURVEY MONUMENT LS @ _V19 ll u��, i\ Dollars $ 3000 $ S000 Cents Per LS 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ `4 3 bD Z - - - Total Amount Bid in Words: -rk)pd'ae/ 5�- �'(..T�I . � 'jj�lpuS!}IJ 5 � a rWu S ►° 1orr z� 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 clone by such subcontractor. Portion Name and Address ojSubcontractor State License Class of Jvork Number RiAh h 0 C� . 6 S Ems• CA&4A ICJ 342 C— 0 C�FfN� t4ru� f • -7 ? By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL AIEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland.by ICI.P. HAMMOND,Vice President,and L.L.GOUCIIER.Assistant Secretary,in pursuance of authority granted by Article Vl.Section 2.of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s u !ii ' nate,constitute and appoint Oren Ili.BRO«l�,of Anaheim.California, its true and law�f ela l�tl •y-�to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and r11x"wv fi cflpc ngs and the execution of such bonds or undertakings in pursuance of thesc$p�, `r_ b�✓as b'nd'r ompany.as fully and amply,to all intents and purposes,as if they had t�er�; ytC tncT clrxt ��e regularly elected officers of the Company at its office in Baltim��g�jj� Th klSre�w►rt rgp 'lies power of attorney revokes that issued on behalf of Owen h1.BROWNAmcp tt�v 2_'�]l � The said Assistant SC u hat the extract set forth on the reverse side hereof is a true copy of Article VI, iA Section 2,of the By- Y.and is now in force. IN WITNESS WIIER OF, 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 NIARYLAND.this I I th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND O P � A 4.T, V I V • - By: Qa%z; L L Goucher Assistant Secretary H.P.Hanunond Vice President State of I IM-land l ss: City of Baltimore f On this I Ith day of February, A.D. 2003, before the subscriber, a Notary Public of the State of itlaryland, duly commissioned`arid qualified, came h1. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF 11iARYLAND, 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. `YlW Cut-" lApjLe tA"Wr Sandra Lynn Alooney - Notan Public Nly Commission Expires: January 1.200.1 POA-F 0124160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President.or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries. to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI. Section 2. of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seal of the said Company. this 21 st day of Apri 1 2004 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On April 26, 2004 before me.Tennille Morris, Notary Public, Data Name and Title of officer Personally appeared Robert Bradley Name(s)of Signer(s) LC personally known to me _Proved to me on the basis of satisfactory evidence to be the person whose nameX Were subscribed to the within instrument and acknowledged to me that hefairel" executed the same In his%eNtheirauthorized TENNILLE MORRIS capaaty(+esi,and that by hislherfM,eir Commission 9 1374628 rs signatureW on the Instrument the peon or,the entity upon behalf of which the persorip{ Notary public —Cotifamla acted,executed the Instrument 3r Riverside County M'ICornmExpires WITNESS my hand and official seal, Signature of Notary Public OPTIONAL Though the Information below fs not required by taw,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:Did Sond Document Date:April 21, 2004 Number of Pages:i Signeeld4 Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Individual XCorporate Officer Title:Vice President Partner- Limited G eral Attomey-in-Fact Top of thumb here _Trustee Guardian or Conservator Other: Signer is Representing:All American Asphalt NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBIMITTED 117TH BID State of California 5s. County of Orange Lw-=k srnclrrtr _ , being first duly sworn, deposes and says that he or-s�, is `t,m PnrSiAe * of Ell hm 6ran hspbali- 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. �l1 Am�r•iCan A��,n[� - - Name of Bidder Signature of Bidder F,Dba^i- BradSct�,Vicc Prcg C fox..229A Ca► na a qabTa-AAM Address of Bidder Subscribed and sworn to before me this oltr+h day of N�r3l , 2004 . TENNILLE MORRIS Commis§on t 1374628 -�� Notary Public —California Riverside County r.' My CWM E0esSep 13 20f)6 NOTARY PUBLIC Tcn6A%c Morriss tbtn+j 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 BEACH BLVD WIDENING IMPROVEMENTS, (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. Q\\ A'(Ylvrirnri Asflhal� Contractor By &bcr+ Bro�►�y %cr �me tAen+ Title Date: Kh j t loy �ooN 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 othem ise prevented from bidding on or completing a Federal, State-or local government project because of a violation of law or a safety regulation? ❑ Yes j�,No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the pro,%risions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. EL hm�cna Contractor By ttowc BYOAIE5 Title Date: -6 1 A6 , AonO C-7 UNDERGIZOni D 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 AIert at 1-800-4224133 a minimum of two working days before scheduled excavation. Di;Alert Identification Number. Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name AIAM Business Address City, State Zip ( 000A ) `n§-7&00 Telephone Number a(a70,73 . C- State Contractor's License No. and Class (Class A or C-10 required) OriginaVDate Issued Jnnitnttj Al. Expirati n Date r The work site was inspected by Sin Tekr,-nnn of our off ce on, w a a . 200 A. The following are persons, firms,and corporations having a principal interest in this proposal: brin SiS.rmr� �-- 7homa5 Tnscd�5 Sc ITrtnSurrr TresiAem- C-9 r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed gignature Subscribed and sworn to before me this A,day of_ kn, 1 ,204 4 . 7ENN;LLE MORN Commission R 1374628 Notary Public —CaGfornio Riverside County - NOTARY PUBLIC tityCWM EOmSL-'I 2006 Ttrv6t\lo Howis, Nova% Pakitc 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• n Igo CA sA&4b N e and AddreA of Public Agency Name and Telephone No. of Project Manager:_Chvis Grp z g-s-50;t 4 S i t0 Oo Contract Amount type of Work Date Completed 2. A cliIO& Nahke and Address of Public Agency Name and Telephone No. of Project Manager: ►% w - OI1 _A 353 t(+2,`Z0 rrri•, Imaroyrm-n�s G' 3 Contract Amount Type of Work Date Completed 3. )n1kr, ►'Agloo, 14emotilk 1p,.�t_ 'Noxf alK rN go(vsn Name and Address of Public Agency Name and Telephone No. of Project Manager: Ram,, ""IMan , Q5�;Q CtLl - 52133 IS(u SaH•00 —deck lrr► cm lz - _ 10103 Contract Amount Type of Work Date Completed C-ia GRIFFITH COMPANY 110 Box 2190 S ml i I L Spiml-,, ( n 90670-0150 TO City of f funlington Beach )000 M.un st1"t Huntmaton Beach, CA 92648 Attn City Clerk i _ 'V r Y 4 • - SEALED BID FOR: c, ull h��t PtotectName BEACH BLVD WIDENING y7 IMPROVEMENTS AT THE SOUTH EAST CORNER d3 ,f0y39 BY EDINGER AVENUE h11 J CASH CONTRACT No CC 1105 4 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 To: L�� irk �imzzq �4 906 �70 Enclosed please find your original bid bond issued by //L) S 77 71X-1_2�' for City Clerk Enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) THE AMERICAN INSTITUTE OF ARCHITECTS 11 AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY 12200 Bloomfield Avenue (Here insert full name and address or legal title of Contractor) Santa Fe Springs,CA 90670 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND S�)RZFTY COMPANY OF AMERICA One Tower Square (Here insert full name an a ress or legal title of Surety) Hartford,CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) 2000 Main St.,Huntington Beach,, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid.Dollars ($ 10%of Amount 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 (Here insert full name,address and descrtpt(on of project) Beach Blvd.Widening Improvements at the South East Comer by Edinger Avenue Cash Contract No.CC 1105 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 fumished 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 23rd day of April 2004 GRIFFITH COMPANY (Principal) (Seal) (Witnes _ '�-- ARIA L. RUIZ IMIEtie) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA cl�?� (Surety) (Seal) Alexis Berian (Witness) Leigh onough (Title) Attorney-in-Fact AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D.C. 20006 7 i 1 1 ' J ; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J i. State of California County of Los Angeles ' o • d On April 26, 2004 before me, Sharyl Narike,Notary Public t . personally appeared ***** Jaimie R. Angus ***** / [ X personally known to me OR [ ] proved to me on the basis of satisfactory evidence to be the person t whose name is subscribed to the within r 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 i the instrument. a WITNESS my hand and official seal. ' SHAIM NARIKE t + �sCounfif X zmrn- WC AB.' Signs re of Notary d r i i a / 1 , d d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 23, 2004 before me, Patricia H.Brebner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Leigh McDonough NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PATRICL4 H;.BREBNER Commission a#1313346 -+s: Notary Public-California i Orange County � WITNESS hand and official seal. MY COMM.Expires Jul 15,2005#3 y SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MTLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTI Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE S4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ? a S e City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For BEACH BOULEVARD WIDENING IMPROVEMENTS - CC 1105 AT THE SOUTH EAST CORNER BY EDINGER AVENUE April 8,2004 Notice To All Bidders: Please note the following clairification to the Project Plans,Specifications,and Special Provisions: Specifications Section C—Proposal for the Beach Blvd Widening Improvements at the South East Comer by Edinger Avenue (see Page C-1) 1. Delete the 10 paragraph and replace with the following: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to famish 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 i`t Notice to Proceed will be issued at the execution of the contract for traffic pole procurement. The 2n4 Notice to Proceed will be issued to the undersigned following the submittal of proof of mast-arm signal pole procurement(with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the issuance of the 2nd Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. Section C—Project Altemative(see attached Project Alternative Bid Schedule,3 sheets) 2. Contractor shall provide an Additive Alternate Bid to all bid items for construction activities under the following daytime work requirement(see attached Project Alternative Bid Schedule). The Additive Alternate Bid, Project Alternative, is an integral part of this proposal, and to be responsive, the bidder shall quote a price for all the Additive Alternate IdentifiecMisted in the attached Project Alternative Bid Schedule, The City shall award the contract on the basis of the Project Base Bid alone.: i The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday. Exceptions include weekend and overnight activities at specific locations as listed in Section 7.10.3. Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays and any exceptions listed in Section 7- 10.3. GRIFFITH COMPANY Section 6.71 (see Page E-8) 3. Delete the 1st paragraph and replace with the following: The 15t Notice to Proceed will be issued at the execution of the contract for traffic pole procurement. The 2nd Notice to Proceed will be issued to the undersigned following the submittal of proof of mast- arm signal pole procurement(with a firm delivery date) and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the issuance of the 2nd Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. During the traffic pole procurement period, the Contractor shall obtain the new mast-arm signal pole as called for on the Traffic Signal Modification Plans. The Contractor shall also be required during this procurement period to obtain the Caltrans Rider Encroachment Permit, which includes obtaining approval of the Contractor's traffic control plans and Water Pollution Control Plans (WPCP, see"draft"plan in Appendix III,which addresses the CalTrans Encroachment Permit) and approval of all other contract paperwork and required clearances from the Cities of Huntington Beach and Westminster. This modification does not change the Engineer's Estimate or the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 8,2004. GRIFFITH COMPANY Company Name Y JAIMIE R. ANGU , VP/DIST MGR 4/26/04 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Duncan Lee at(714) 375-5118. GRIFFITH rOMP v� SECTION C PROPOSAL for the BEACH BL'%'D NVIDENING IMPROVEMENTS at the SOUTH EAST CORNER BY EDINGER AVENUE CASH CONTRACT No. CC 1105 in the CITY OF HUN TINGTON BEAC'II TO THE HONORABLE AIAYOR 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 Ciry 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 1"Notice to Proceed will be issued for traffic pole procurement. After undersigned submits proof of mast-arm signal pole procurement and a detail construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a tad Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Thirty (34) working day Construction Period. However, due to the holiday season and limited parking in the adjacent commercial center, the 21d Notice to Proceed will not be issued by the AGENCY between September 1, 20040 January 8,2005. 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 Jump 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 C-1 GRIFFITH COMPANY 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. "BIDDERS Accompanying this proposal of bid, fund BOND" in the amount of$ 10% 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 Sioarure 1 DIST MGR GRIFFITH COMPANI C-2 PROJECT BID SCHEDULE Item -:Estima fed. ...... .. ..............._.Kitkunit pr.ice:,.. ... ............. ... . ... ....... ................ ..... ....................... ........ ................. ................. ...UhIV mount MOBILIZATION 000, .1 LS @ e.�_A-4A Do I I a r s S S Per LS Cents �9L_ 2 1 TRAFFIC CONTROL LS Dollars S /0 ODO4 S t . All- Cents Per LS 3 1 tif AIC E L!! A N & a 70Z7J/ Wz-;5 LS K ars GPM Cents ;44 T14 i P,r y Per LS cr Kiv,PaL,<A 4 290 CONST.PCC CURB AND GUTTER (c9a I $ 45& LF @ fkllzc%/ Dollars S my Cents Per LF 5 174 CONST.8"PCC CURB ONLY LF Dollars S Iz Cents Per LF 6 197 CONST.6"PCC CURB ONLY LF @ Dollars S Per L -Cents F 7 2296 CONST.4"THICK CONC.SIDEWALK AND CURB RAAIP SF @ Dollars S 0z $S__9,91 STY Cents Per SF 8 '2245 0.1-P CONSTANT DEPTH COLD MILL 'SF @ Dollars Cents Per SF 9 20 CONST.30'WIDE X 4*HIGH PARKWAY DRAIN, LF @ fw S Dollars AIP cents Per LF 10 58 CONST.30"WIDE X 6'HIGH PARKWAY DRAIN LF @ ave- Ato�l ,eu Dollars Ale Cents Per LF GRIFFIM COMPM C-13 PROJECT BID SCHEDULE ` tetn - st_tmate tem wtttt unit price:::•:::•:•:: :• xtended t';:;:;: v►or�s����-��::;. . .: nitPri'ce�=:: url ` 11 50 CONST.30"WIDE RAILBOX RCn /� LF @ ��dQ, . L11AI iA_f, 9h4f5( Dollars S t S A md. 7�Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT .10 EA @ 7�y "VIV16 (e Dollars $ U0�9 S 1Y0_ _ _ _ Cents Per EA 13 1 CONST.Y WIDE SUMP BOX PER DETAIL 9A EA @ r.(fps 7'gsyk AIA 'Dollars S - �?i L S �Q r P Cents Per EA ' 14 2 CONST.8'W1DE SUMP BOX PER DETAIL 9B / EA Dollars $ Q/ S ljez0 . _ tip Cents Per EA 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE TN @ "I✓T y Dollars S S AD Cents Per TN 16 65 CONST.0.1 Y THICK ARHM SURFACE COURSE PAVEMENT L� � TN @_oxfg,- _MViVAekh _&.L6& Dollars S '[�' S DD, t& Cents Per TN 17 1 INST,2"PVC STREETLIGHT CONDUIT W1 PULLROPE iLS @ rnJt Vf L64'4 _ Dollars S-pelf S Cents 1 Per LS 18 1 RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA @_ g 3a __� �'� Dollars S��4 i S 6w, All Cents Per EA I9 1 MODIFY LANDSCAPEIIRRIGATION&HAND WATER A LS ;2/0D3k44A _Dollars S !/�/ $ Am I _ AM Cents Per LS 20 1 SIGNING,STRIPING,NIARKERS&MARKI:vGS j rr LS @ Dollars S 7'��, $ vv i AM Cents Per LS C-2s PROJECT BID SCHEDULE ...:Extende Ite m- Tstirnated unit .............. .. .................... ........... . ..... . .................. ............ I.......d....................I....... .n,wor .... .............. 21 1 TEMPO RARY TRAFFIC SIGNAL SYSTEM _ LS @ jf(A Dollars S-Cents • oil- Per LS 22 1 MODIFY TRAFFIC SIGNAL NCLUDES LOOPS LS @ Dollars S S -Cents Per LS 23 1 RESET SURVEY MONUMENT LS @ Dollars oa S __—Cents Per LS 24 @ Dollars S_ S Cents Per 25 @ Dollars S_ $ Cents Per Total Amount Bid in Figures: S z 3-3 q!ZZ) Total Amount Bid in Words: .VpJ 4�f - - allbAL .............Q_d- ...........ip 42 1 Li 1E,I $I q%IN Pt"'D AIIJ J9 T14 1127(N/ TRRXZ�- f:4 fell 190 LILA-e.5 G8jEFjjH_r_n h py C-3s • PROJECT ALTER-NATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item Estimated :. . Item with unit price ... = Extended No. Quantity written in words Unit Price Amount - 1 l MOBILIZATION LS cr �I/ Ll� /�1!/�/��✓� Dollars S Z Oro, S 1 z 0i /UD Cents Per LS 2 11 TRAFFIC CONTROL f LS C Dollars Cents Per LS 3 1 'MISCELLANEOUS REMOVALS r-EFT ��H.r �}U LS � ' y F ivy Dollars S 559bb ss U Cents Per LS 4 290 COAST.PCC CURB AND GUTTER �J � LF @ _ _ &�E V Dollars S " " ' SS o • /yf Cents Per LF S 174 COAST.S"PCC CURB ONLY LF C 1:_�.rr'Fq^7 Dollars S �✓, S�� d� all _ Cents Per LF 6 197 COAST.6"ACC CURS ONLY LF C lJf'LNf1 Dollars S /4z S;,2"U' ItJO Cents Per LF 7 2296 CONST.4"THICK CONC.SIDEWALK AND CURS RAMP , SF C fy-4 Dollars S�' S S740 6�y Cents Per SF 8 2245 0.I T CONSTANT DEPTH COLD MILL SF Dollars S A I AID Cents Per SF 9 20 CONST,30"WIDE X 4"HIGH PARKWAY DRAIN �j� LF C "Al *A-4f�-A rLorTy Doll.trs .5 t�• e S —spDD, Alp Cents Per LF 10 58 COAST.30"WIDE X 6"HIGH PARKWAY DRAIN / LF C—QAY� ��✓�"�th�_ . Dollars S /�yl S /LrLrJ� _ &2 Cents Per LF GRIFFITH COMPANY (Addendum#1)C-1s PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day %Vork) Item Estimated Item mith unit price Extended L'o. Quantity written In words Unit Price Amount I I 50 CONST.30"WIDE RAILBOX RCB LF @ Pll� �!Mr Y Dollars S, Z � s evio, MILLI _ Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT .00 £A C / ,4 1 Dollars S 4KyA S //d Cents Per EA 13 I CONST.5'WI,,DL[E SUNIP'BJOX PER �DETAIL 9A EA C rrl1�. C&t-/.d _ _ Dollars S V/.071 S �1 A40 Cents Per EA 14 12 CONST.8'WIDE SUMP BOX PER DETAIL 90 / II EA G 1 `�� _ Jy � - Dollars S S !"'-7""'--- /yd Cents Per EA - 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE Ole rr,�, TN @ � Dollars 's Sa► S 1 ;avi !7 Cents Per TN 16 65 CONST.0.1 Y THICK ARHM SURFACE COURSE PAVEIviE. TN @ QuP #VNb4j _ fALV Dollars S Cents Per TN 17 1 IN`ST.2" *PVC STREETLIGHT CONDUIT W/PULLROPE LS Ca, �lt� y_54-^Jb Dollars S S �• Cents Per LS 2s 1 RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA C /y Dollars S Q�0, S 6w, 'Alto _ _ Crats Per EA 39 1 MODIFY LANDSCAPE/IRRIGATION&HAND WATER LS Caw _O&( 6_Zh�cl�it - Dollars S /�NfI S _ ISID Cents Per LS 20 1 SIGNING,STRIPING,MARKERS&MARKINGS LS rr _ vat 1nf&_S_4;LA Dollars 5 AK cents Per LS GRIFFITH CCMPANN (Addendum#1)C-2s PROJECT ALTERNATIVE BID SCHEDULE -Addendum#1 (for Day`Fork) Item Estimated :::. .: . .:. Item with unit price :: . Extended :. No. 'Quantity -written in words .. U.nit Price ' - -Amount 21 l TEMPORARY((TRAFFIC SIGNAL SYSTEM LS aQ—1"VG 11� &A)A _ __Dollars S� S 0�! AM _ Cents Per LS 22 l MODIFY TRAFFIC SIG 4AL INCLUDES LOOPS � LS @, �42_ I-Aea%,�4 _ Dollars S S Aj",' -Alf Cents Per LS 23 1 RESET SURVEY MONUMENT LS @ 'TjH Dollars $ Cents Per LS 24 r@ Dollars S S Cents Per 25 Q Dollars S S Cents Per Total Amount Additive Alternate Bid in Figures: S Total Amount Additive Alternate Bid in Words: GRIFFITH CCMPAM (Addendum#1)C-3s r 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 pe.ecnt 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 o Work Number X.� LNA- Cod e a 5 P/t,A ! z qZZ a4A" Sve.�y� C�S� dub �v�✓�:� G R-) 2 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. 2. That tl:e AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. GRIFFITH COMPANY C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AIND SUBMITTED WITH BID State of California ss. County of Orange L A 22i., A-1 n cat j , being first duly sworn, deposes and says that he or she is gas louu,r- of LaQtrsr .fire.. the parry malting 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 %ith 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 w7ll 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. ,U oc3esr Luc. _ Name of Bidder e afore of 'd\e87 Address of Bidder 9 2j Y Subscribed and sworn to before me this Flo day of A }L- , 200 A. eKAY E.ANDERSON COMM.#13U678owwaeax�rY -- Wjr Um Exp.Am 13,� NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT v 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 BEACH BLVD WIDENING IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The e 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. GRIFFITH COMPANY Contractor z Y JAIMIE R. ANGUS, VP/ DIST MGR Title Date: 4/26/04 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State,or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. UPIFF!TH COMPANY C-6 I 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. GRIFFITH COMPANY Contractor Y JAIMIE R. ANGUS, VP/ DIST MGR Title Date: 4/26/04 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: GRIFFITH COMPANY Contractor t By JAIMIE R. ANGU2, VP/nTST MGP Title Date: 4/26/04 Note: Psis form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GRIFFITH COMPANY Bidder Name 12200 BLOOMFIELD AVENUE Business Address SANTA PE SPRINGS, CA 90670 City, State Zip ( 562 ) 929-11 28 Telephone Number #88 A , R, C-8 , C'-1 2 , HTr , HD7. State Contractor's License No. and Class (Class A or C-10 required) 09/24l29 Original Date Issued 09/30/04 Expiration Date The work site was inspected by JASON SPEAR of our office on , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: GRIFFITH COMPANY James D.Waltze Pres./C.E.O. Thomas L.Foss Exec,Vice Pres Robert P.Molko V.P/C.F.O/Sec. Gordon M.Csutak Treasurer Laura D.Rau Controller Russell S.Grigg V.P/Dist.Mgr. Daniel L.Muns V.P./Div.Mgr. Robert S.Dennis V.P./Div.Mgr Daniel A.McGrew V.P./Dist.Mgr. Jaimie R.Angus V.P./DistMgr Gary A.Hyles Assistant Sec. Jenene K.Ratti Assistant Sec. 0MPANY C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GRIFFITH COMPANY Company Name WIV— gnature of Bidder JAIMIE R. ANGUS, VP/DIST MGR Printed or Typed Signature Subscribed and sworn to before me this26 day of APRIL , 200 4 . 5HARYI NM KE w o y•-'Ju1iL Caiitomlo 0rai.;4c- c.auMy NOTARY PUBLIC l '� � t nnarQ 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 * PLEASE SEE ATTACHED LIST OF PROJECTS 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 TRAVELERS UALTY AND SURETY COMPANY OF AM ;A TRAVkLM CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183 9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND.. SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARWNGTON CASUALTY COMPANY, wporations.duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hanford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents mare, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright,Mike Parizino, Nanette Mariella- Myers; Rhonda C. Abel, Stanley.C.Lynn, Patricia H. Brebner,Alexis H. Bryan, Leigh McDonough, of Irvine, California, their true and lawful.:Attorney(s)-in Fact;with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States, the following instruntent(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duty authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,,are hereby ratified and ODrdrmed. This appointment is made.under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in foil force and effect: VOTED: That the Chairman,the President;any Vice Chairman,any Executive Vice President,any Senior Vice PreWeat,any Vice President,any Seomd Vice President,the Treasurer any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sip with ttte Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOM) That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees-of this Company,provided that each such delegation is in writing and a copy thereof is filed in tbo office of the Secretary. VOMk That any bond, recognizance; contract of indemnity, or writing obligatory in the nature of a bond,.recognizance, or conditional Ong shall be valid and biding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasures,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if req*ed)by one or more Attorneys-in Fact and Agents pursuant to the power prescribed in his or her certificate or their•oeatificates of authority or by one or more-Company officers pursuant to it written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under And by avOority of the fdUowing Standing Reesolutiou voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TR, AVELERS.CASDALT'Y AND SURETY COMPANY find FARKWGTON CASUALTY COMPANY,which Resolution Is now in fall force and effech VOTED: That the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice Fftside nt,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 Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes aa*of wwouting and attesting bonds and undertakings and other writings obligatory in die nature thereof and any such power of attorney or caffioate bearing such faodmile signature oi•facssimile 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 in the future with respect to any bond or VaMtsking to which it is attached. (1140 Wnderd) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrmnent to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 10th day of February 2003. STATE OF CONNEC ICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }83.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD 001N.__." 11jaft i�i 1 BY r • George W.Thompson 0 Senior Vice President On this loth day of February,2003 before me personally came GEORGE W.THOMPSON to me known,who,being by me duly sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY O' AP"MCA, TRAVELERS CASUALTY AND SURETY COMPANY and FAWMGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument;that he/she knows the seals of said coMoratipns;that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof My commission expires June 30,2006 Notary Pupi[a Marie C.Tetreawtt CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AM MCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 2 3 r d day of April ,20 04 aJN1y AN°� �, v 00Wn i9s2 BY Kod M.Johanson Assistant Secretary, Bond Iravelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. GRIFFITH COMPANY "100 YEARS" LICENSE CERTIFICATE I certify under penalty of perjury under the laws of the State California that the foregoing is true and correct. 88 A B C12 C-8 HIC HAZ State Contractors License No. Classification 9/30/2004 Expiration Date JAIMIE R. �IAINGUS, P/DIST MG R State of California CONTACTORS STATE LICENSE BOARD .:: AEWn ACTIVE UCENSE Lice=NwOwO8 Entry C O R P Buses NamGRIFFITH COMPANY C1mffiwion(s)H AZ A B C-8 C 12 H I C Epiration Date 09 / 30 / 2004 . GRIFFMI COMPANY RESOLUTIONS RESOLVED, that any one or more of the following officers of this Corporation: Chairman of the Board, Chief Executive Officer,President, Executive Vice President,Vice President/Secretary and Chief Financial Officer, together with, when required, the Secretary or Assistant Secretary, be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authorizations, contracts,notes,deeds,bonds, stocks,declarations,releases and agreements of any nature or sort whatever. FURTHER RESOLVED,that any one or more of the following officers of this Corporation:Vice President/District Manager,Vice President/Division Manager,District Manager,Division Manager, Assistant District Manager,Chief Estimator,Treasurer,Controller,Assistant Secretary,be and they are hereby authorized to execute and deliver in the name of and on behalf of this Corporation any and all bids,authorizations,contracts,certifications,declarations and releases,including:bid bonds,labor and rnaterial bonds,performance bonds and stop notice bonds. FURTHER RESOLVED, that any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED,that the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation FURTHER RESOLVED,that any and all authorization heretofore granted by this Corporationto any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 1, 2004,in accordance with the by-laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum Present and acting and that said resolution has not,to the date ofthis certificate, been in any manner amended,modified, revoked, rescinded or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the sea] of GRIFFITH COMPANY this 1st day of March, 2004. XeZI Robert P. Molko, Secretary James D.Waltze PresX.E.O. 1853 Kinglet Court Costa Mcsa 92626 Thomas L..Foss Exec,Vice Pres 1644 Aliso Ave. Costa Mesa 92627 Robert P.htolko V.P/C.F.O/Sec. 16795 Silverstar Crt Riverside 92506 _ Gordon hl.Csvtak Treasurer 273 Roycron Ave. Long Beach 90303 Laura b.Rau Controller 13742 Terrace Pl. Whittier 90601 Atte James D. Waltze, Pr si ent/CEO Russell S.Grigg V•P/Dist.Mgr. 125 Stockdale Circle Bakersfield 93309 Daniel 4 Mans V.PJDiv.Mgr. 3800 Forest Glen Yorba Linda 92686 Robot S.Dcnnis V.PMv.Mgr 4416 AveDeUsFlores Yorba Linda 92686 Daniel A_McGrew V.PJDisi.Mgr. 6227 Rocking House La.orange 92869 Jaimic R.Angus V.PJDistMgr 42100 Altanos Temecula 92592 Gary A.tlyles assistant Sec. 21409 Madre St. Tehachapi 93561 Jenene K.Ralti Assistant Sec. 15491 Pasadena Ave#15 Tustin 92780 GRIFFITH COMPANY EQUAL EMPLOYMENT OPPORTUNITY . AND AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 1.1246 :ontractors Corporate Ofice Bakersfield District Los Angeles District ' _ Orang:County District .icense No, P.O. Box 7150 P.O. ties 70157 P.O. Box 2150 2020 We Soar 032 169 12200 Bioamdd A•x 1898 So.Union Am 11200 111oon%Wd Am Sinn Am CA 9.'704-3974 t ,� Sxnoe Fe Spinbx, CA pOWD-0150 BaLmAdd. CA 93387-0157 Sms Pe Speinp. to W70A150 (714) 549.2291 t50) 929-1128 f661) 831-7331 1%2) 929-112B Fax 1714) 5494o33 Fax t5621 929.7116 Fax (661) 831.0113 Fax (562) 864.897t1 EQUAL FAhIPLOYMN"r OPPORTUNITY AND AFFMMATIVE ACTION UNDER FXECUnW ORDER 11246 Effective January 10, 1964, Griffith Company developed an affirmative action plan for equal .employment opportunity. On April11, 1978, this plan was revised and amplified. In January, '1985, this plan was updated to meet the additional requirement of the Century Freeway (1-105). In March, 1987, this plan was revised and amplified. This February 7, 1992 revision is a restatement of said program, including additional requirements of the Century Freeway. Statement of policy In order to provide equal employment opportunities to all qualified persons without regard to race, color, religion, sex, national origin, or disability, this company agrees to do the following: (1)recruit, hire, train, and promote persons in all job titles, without regard to race, color, religion, sex, national origin, or disability, (2) base decisions on employment so as to further the principle of equal employment opportunity, (3) ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid _ requirements for promotional opportunities, (4) ensure that all personnel actions, including but not limited to compensation, benefits, transfers, lay-offs, return from layoffs, company sponsored training, education, tuition assistance, social and recreational programs, will be administered without regard to race, color, religion, sex, national origin, or disability. . Responsibility for the Program James D. Waltze, President will personally oversee the program and will appoint Robert P. Molko as the Equal Employment Opportunity Officer (hereinafter referred to as the EEO Officer) to cany out the program,. The EEO Officer is hereby given full authority to carry out the program and is given the responsibility and authority to: 1. Develop policy statements and internal and external communication procedures. 2. Assist line management in collecting*and analyzing employment data, identifying problem areas, setting goals acid timetables and developing programs to achieve goals. Such programs shall include specific remedies to eliminate any discriminatory pr2cdces discovered in the employment system. 3. Design, implement and monitor internal audit and reportinc, systems to measure program effectiveness and to determine where progress has been made and where further action is needed and, if necessary, to assure that such action is taken. 4. Report, at lcrost quarterly, to James D. Waltze on the progress of each unit in relation to company goals. S. Serve as liaison between the company, government regulatory agencies, minority and female's organizations and other community groups. 6. Assure that current legal information affecting affirmative action is disseminated to responsible officials. y isspminati n of poliev 1. Internal Dissemination-of Policy In order to disseminate the EEO Policy to all members of the company staff who are authorized to hire, supervise, promote and discharge employees, or who recommend such action, the company will take the following steps: (a) Include the policy in the company's policy manual; (b) Publicize the policy in company newspapers, magazines, annual reports, and other available media devices; (c) Conduct special meetings with executive, management, and supervisory Personnel to explain the intent of the policy and 'individual responsibility for effective implementation, making clear the chief executive officer's attitude with respect to affirmative action obligations; (d) Schedule special meetings with all other employees to discuss policy and explain individual employe.- responsibilities; (e) . Discuss the policy thoroughly in both employee orientation and management training programs; (f) Meet with union officials as appropriate to inform them of the policy, and to request their cooperation; (g) Include non-discrimination clauses in any union agreements, and review all contractual provisions to ensure they are non-discriminatory; (h) Publish articles in company publications covering EEO programs, progress reports, promotions, etc., for minority and female employees; 2 (i) Post policy on the company bulletin boards; G) Ensure that employees featured in product or consumer advertising, employee handbooks or similar publications include both minority and non- minority males and females; (k) Inform employees of the existence of the company's affirmative action policy and enable employees to avail themselves of its benefits; (1) Maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which Griffith Company employees are assigned to work. Griffith Company shall specifically ensure that all foremen, superintendents, and other onsitc supervisory personnel are aware of and carry out the Griffith Company's obligation to maintain such a working environment, with specific attention to minorities or females working at such sites or in such facilities. 2. External Dissemination of Policy In order to make the company's Equal- Employment Opportunity Policy known to all employees, prospective employees, and potential sources of employees, such as schools, employment agencies, labor unions, and college placement offices, the company will take the following action: (a) Inform all recruitment sources verbally and in writing of the company policy, stipulating that these sources actively recruit and refer minorities and females for all positions listed; (b) Incorporate the equal opportunity clause in all purchase orders, leases, and contracts covered by Executive Order 11246, as amended, and its implementing regulations; (c) Notify minority and female organizations, community agencies, community Ieaders, secondary schools, and colleges of the company policy, preferably in writing; (d) Inform prospective employees of the existence of the company's affirmative action policy and enable such prospective employees to avail themselves of its benefits; (e) Ensure that employees pictured in consumer or help wanted advertising " include both minority and ron-minority males and females; (f) Send written notification of the company policies to all subcontractors, vendors, and suppliers with requests for appropriate action on their part- 3 Sexual Harassment - Definition and Policy It is the policy of Griffith Company to maintain a work place free of sexual harassment, intimidation and coercion. All allegations of sexual harassment will be fully reviewed. Disciplinary action will be taken against any employee found to have sexually harassed another employee. Sexual harassment is defined as, but not limited to: Any repeated or unwarranted verbal, visual or physical sexual action, sexually explicit derogatory statement or remark of a sexual nature made by someone in the work place which can be reasonably determined by the recipient and the person(s) reviewing th' complaint to be offensive or objectionable or which may cause the recipient or anyone in the immediate area discomfort or humiliation. The company will investigate all complaints of alleged sexual harassment in connection with its obligations under its contracts, will attempt to resolve such complaints, and will take appropriate corrective action. If the investigation indicates that the sexual harassment. may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. To minimize the occurrence of sexual harassment in the work place, and to ensure that all employees understand that such actions will not be tolerated, managers and supervisors shall distribute the policy to every employee and periodically reinforce the importance of compliance. Utilization of Minorities and Females The company will make a good faith effort to meet the designated goals set for the by the Office of Federal Contract Compliance Programs for utilizing minorities and females in the various crafts on all construction jobs during the time this contractor has a federally-assisted or direct federal construction contract. Recruitment I. When advertising for employees, the company will include in all advertisements for employees the notation: "An Equal Opportunity Employer". The company will insert advertisements in newspapers or other publications having a large circulation among minority and female groups in the area from which the company's workforce would normally be derived. 2. The company will conduct systematic and direct recruitment through public and private employee referral sources likely to-yield qualified minority group applicants, including, but not limited to, state employment agencies, schools, colleges and minority group organizations. To meet these requirements, the company will, through the EEO Officer, identify sources of potential minority and female group employees and establish procedures whereby applicants may be referred to the company for imployrnent consideration. 4 3. The company will encourage its present employees to refer minority and female group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. Personnel Actions Wages, worlang conditions, and employee benefits shall be established and administered, and personnel action of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, leave of absence, and termination, will be taken without regard to race, color, religion, sex, national origin or disability. The following procedures will be followed. . 1. Periodic inspections of project sites will be conducted to ensure that worldng conditions and employee facilities do not allow discriminatory treatment of project site personnel. 2. The spread of wages paid within each classification will be periodically evaluated to determine any evidence of discriminatory wage practices. 3. The company will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the company will promptly take corrective action. if the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 4. The- company will investigate all complaints of alleged discrimination in connection with its obligations under its contracts, will attempt to resolve- such complaints, and will take appropriate corrective action. if the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the company will inform the complainant of its finding and of all avenues of appeal within thirty (30) days of receiving the complaint. ining and Promotion 1. " The company will assist in locating, qualifying and increasing the skills of minority and female employees and applicants for employment. 2. Consistent with its requirements and as permissible under Federal and State regulations, the company will make full use of training programs, such as pre- apprenticeship, apprenticeship, or on-the-job training programs, for the geographical area of contract performance. 3. To the extent possible, the company will advise employees and applicants for employment of available training programs and entrance requirements for such programs. 5 4. The company will periodically review the training and promoting potential of minority and female employees and will encourage eligible employees to apply for such training and promotion. Unions The company will use its best efforts to obtain the cooperation of any unions with which it has collective bargaining relationships to increase minority and female opportunities within the unions, and to effect referrals of minority and female employees by such unions. 1. The company will cooperate with unions, as appropriate, to develop joint training programs aimed at qualifying more minority and female employees for membership in' the unions and increasing the skills of minority and female employees so that they may have the opportunity to qualify for higher paying employment. 2. The company will encourage the incorporation of an equal employment 'opportunity clause into any union agreements stating that such unions will be bound contractually to refer applicants without regard to race, color, religion, sex, national origin, or disability. 3. In the event a union is unable to refer minority and female applicants as requested by the company within the time limit set forth in a union agreement, the company will, through its own recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex, national origin, or disability, making every effort to obtain qualified female employees. 4. The company will provide immediate written notification to the Director when a. union with which it has a collective bargaining agreement fails to refer a minority or female, or when the company has other information that the union referral process is impeding its efforts to meet its obligations. Subcontracting 1. When required by federal contract the company will use its best effort to utilize minority group subcontractors, suppliers and vendors. The company, however, reserves the right to determine if the firm is a bona fide I'dinority Business Enterprise. 2. The company will use its best effort to assure subcontractor compliance with equal employment opportunity obligations through monitoring and enforcement of"Section 21 - Recourse by Contractor" and "Section 22 - Indemnity Clause for Equal Employment Opportunity Violations" contained in Griffith Company's construction subcontract. Records_andR;p 1. The company will keep such records as are necessary to determine compliance with its equal employment opportunity obligations. The records kept by the company 6 will be designed to indicate: (a) The number of minority, non-minority and female group member employees in each work classification. (b) The progress and-efforts being made (in cooperation with unions, if appropriate) to increase protected group employment opportunities. (c) The .progress and efforts being made in locating, hiring, training, qualifying and upgrading protected group employees. (d) The progress and efforts being made in securing the services of minority group subcontractors. 2. All such records will be retained for a period of three years following completion of the contract work and shall be available at reasonable times and piacds for inspection by authorized representatives of the State and Federal governments. The company reserves the right to require these representatives to show proper credentials. 3. The company will submit all reports required by Executive Order 11246 and appropriate state and federal agencies, and will permit access to its books, records, and accounts by the appropriate governmental agencies and the Secretary of Labor for purposes of investigation to ascertain compliance with the rubs, regulations and orders of the Secretary of Labor promulgated pursuant to Executive Order 11246. Other Work The company zgrees that~it will be bound by the Equal Opportunity Clause required by Executive Order 11246 with respect to its own employment practices when it participates in nonfederal construction work during which time it also has a federally-assisted or direct federal contract. Assistance in Compliance The company agrees it will assist and cooperate actively with the appropriate governmental agencies and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity Clause and the rules, regulations, and relevant orders of the Secretary of Labor. The company will furnish such information as may be required for the supervision of such compliance. Non-Segregated Facilities All employee facilities provided by the company shall be non- segregated. These include, but are not limited to, rest areas, parking lots, drinldng fountains, and all other such common facilities. Toilets and necessary changing facilities will offer privacy to both males and females. Eost-Award Compliance It is understood that the OFCCP may review the company's employment practices as well as those of any subcontractors the company has employed daring the performance of a federally-assisted or direct federal contract. If the goals for the 7 t employment of minorities and females set by the OFCCP are not being met, the company shall still be given an opportunity to demonstrate that it has made every good faith effort to meet its commitment. For the purpose of this policy statement, the term "minority" means Black, Hispanic, Asian and Pacific Islander, American Indian and Alaskan Native. For the purpose of this policy statement, a bona fide Minority Business Enterprise is a business, firm, or corporation which is at least fifty one percent (51%) owned and operated by a minority person or persons. The purpose of the company's commitment to specific goals for the utilization of minority and/or female employees is to meet the affirmative action obligations under the Equal Opportunity Clause of a federal or federally-assisted contract. This commitment is not intended and shall not be used to discriminate against any qualified applicant or employee. Refusal to Deal with Debarred or Ineligible Contractors or Subcontractors The company agrees that it will refrain from entering into any contract or contract modifications subject to Executive Order 11246 with a contractor or subcontractor debarred form or who has not demonstrated eligibility for direct federal or federally-assisted construction contracts pursuant to Executive Order 11246. Griffith Company will use its best effort to meet the goals set forth in the contract specifications. Complaints of non-compliance and grievances are to be directed to the attention of the company's designated Equal Opportunity Officer: Robert P. Molko Griffith Company 12200 Bloomfield Ave. Santa Fe Springs, Calif. 90670 (310)929-1128 J es D. Waltze, President Griffith Comnanv Company Name Date 8 f• A f GRIFFITH COMPANY CURRENT WORK HISTORY PROJECT AGENCY CONTRACT AMT. TAXIWAY N WESTERLY LOS ANGELES WORLD AIRPORTS $ 11,705,274.00 EXPANSION CONT.'r"rDA3714 7302 WORLD WAY WEST, 5TH FLOOR LOS ANGELES,'CA 90045 MARK J.VICELJA, P.E. 3101646-5700 X3065 39 01417-0532 2002-3094 PLAYA VISTA PLAYA VISTA $ 331,672.00 DEVELOPMENT PHASE 1 12555 W.JEFFERSON BLVD.,STE. 300 MAIN & ROSE LOS ANGELES, CA 90066 JAMES P.SLATER 310/448-4705 310/306-4897 2002-3095 PLAYA VISTA PLAYA VISTA $ 1,978,000.00 DEVELOPMENT 12555 W.JEFFERSON BLVD.,STE.300 CULVER IA TRAFFIC IMPRV. LOS ANGELES, CA 90066 3101448-4705 3101306-4897 AGRESHELL LOT IMPVMNTS. HANSON WILSON $ 2,403,427.00 3770 E.26TH STREET LOS ANGELES, CA 90023 ROY E.ROGERS ' 2131267-4186 2131267-4025 GRAND AVE. REALIGNMENT LOS ANGELES DPT. OF PUBLIC WORKS $ 4,628,727.00 900 SOUTH FREMONT ALHAMBRA, CA 91803 SAM ASSOUM 626/458-3197 626/458-2197 BAKER PARKWAY IMPRVMT CNC ENGINEERING, INC. $ 3,615,455.00 255 NORTH HACIENDA BLVD. STE. 101 CITY Or INDUSTRY, CA 91744 GERARDO PEREZ 6261333-0336 B261336-7076 PORT ACCESS DEMONSTRATION CITY OF LOS ANGELES $ 3,140,593.00 638 S.BEACON ST. SAN PEDRO, CA 90731 CHARLES UKWU 3101732-4674 3101732-4570 TR 49104-05 &06 :2003-3001 PLAYA VISTA $ 1,918,973.00 12555 W..JEFFERSON BLVD., STE.300 LOS ANGELES,CA 90066 JAMES P.SLATER 310144E-4705 3101306-4B97 GRIFFITH COMPANY CURRENT WORK HISTORY ' CONTRACT AMOUNT PROJECT AGENCY COMPLETION-DATE OR PERJECTED COMP. DATE PIER 400 TRANSPORATION PORT OF LOS ANGELE $14, 924 ,382 . 68 CORRIDOR SO. SPEC. 2567 425 .SOUTH PALOS VERDES ST. APRIL 1, 2002 SAN PEDRO, CA 90733-0151 TO STACY JONES 310/732-3698 DUNE 7, 2002 AIRPORT DRIVE WEST END LOS ANGELES WORLD AIRPORT $ 8, 6 67, 994. 56 AIP 3-06-0175-08 & 12 1 WORLD WAY DEC. 2, 2000 LOS ANGELES, CA 90009-2215 TO TED BEZABEH 310/646-5252 MARCH 2 , 2002 BERTHS 302-305 BACKLAND PORT OF LOS ANGELES $ 6, 5 07, 592 . 19 EXPANSION PHASE 11 425 SOUTH PALOS VERDES ST. SEPT. 1, 2000 SAN PEDRO, CA 90733-0151 TO STACY JONES 310/732-3698 AUG.31, 2001 1999 ANNUAL PAVING & SITE PORT OF LOS ANGELES $ 5,4 97,515. 00 WORK CONT. 2175 SPEC 2558 425 SOUTH PALOS VERDES ST. SEPTEMBER 1999 SAN PEDRO, CA 90733-0151 STACY JONES 310/732-3698 HAWTHORNE BOULEVARD 99-07 CITY OF HAWTHRONE $ 939, 959.25 4455 WEST 126T" ST. SEPTEMBER 1999 HAWTHORNE, CA 90250 AKBAR FAROKHI 310/970-7959 BERTHS 302-305 BACKLAND PORT OF LOS ANGELES $ 7,32 2,935 . 00 EXPANSION PHASE I 425 SOUTH PALOS VERDES ST. DEC. 1998 SAN PEDRO, CA 90733-0151 BRUCE E. SEATTON IMPROVEMENTS OF CRENSHAW CITY OF INGLEWOOOD $ 3,21 9,355 . 90 BOULEVARD ONE MANCHESTER BLVD. DEC. 1998 INGLEWOOD, CA 90301 FIDEL BAR.AJAS 310/412-5280 SEASIDE AVE./NAVY WAY PORT OF LOS ANGELES $ 36, 828,428 . 90 GRADE SEPARATION 425 SOUTH PALOS VERDES STREET JUKE 1997 SAN PEDRO, CA !90733-0151 BRUCE E. SEATON 310/732-3522 1 r r � CONTRACT AMOUNT PROJECT AGENCY COMPLETION DATE OR PERJECTED COMP. HACIENDA BLVD. C & C ENGINEERING $ 7, 925,911.60 255 N. HACIENDA BLVD. ,STE. 222 MAY 1996 CITY OF INDUSTRY, CA 91744 MR. JOHN D. BALLAS 618/333-0336 ROUTE 210 LOPEZ CANYON STATE OF CALIFORNIA $ 1, 156, 670.10 DEPARTMENT OF TRANSPORTATION MAY 1994 DIST. 7, CONSTRUCTION 15705 ARROW HWY. , STE. 2 IRWINDALE, CA 91706 MR. KENT MEHTA IMPERIAL HWY. STATE OF CALIFORNIA $ 1, 998,424 .40 D$PT. OF TRANSPORTATION MARCH 1994 17216 FIGUEROA GARDENA, CA 90248 MR.KAL LAMBAZ 310/516-4120 GRAND PLACE TOWER TURNER CONSTRUCTION $ 4 B0, 000 . 00 601 W. 5TH STREET ' OCT. 1991 LOS ANGELES, CA 90071 CHINATOWN REDEVELOPMENT CITY OF LOS ANGELES $ 1, 131, 826 .00 C.R.A. JUNE 1991 354 SOUTH SPRING ST. , STE 800 LOS ANGELES, CA 90013 N,R. JOHN BENZING 213/977-2655 CITRUS AVENUE CITY OF COVINA $ 2, 85 6, 145 .65 125 E. COLLEGE STREET JAN. 1991 COVINA, CA 91723 MR. RICHARD MORALEZ 818/858-7247 MISSION ROAD CITY OF LOS ANGELES $ 915 , 383 .50 IMPROVEMENTS DEPT. OF PUBLIC WORKS NOV. 1990 ROOM 353 , CITY HALL 200 NORTH SPRING STREET LOS ANGELES, CA 90012 M. CARL MILLS 213/465-2439 GRIFFITH COMPANY RVD.3.15.02 CU 2 1 NOBEST, INCORPORATED P.O. BOX 874 WESTMINSTER, CA 92684-0874 Ll i �Ur`� v fl'Jt�i1;:GT►1�y BEACH, CA CITY OF Iil"!f idfi I GN HACH, CA 200q APR 2b P I' ''b 1604 APR 2b P 1: 5b i 5L' � G iD Arm' Td&.4- Sow DST Z0�&Y- ,B y ,/1/1f. /,t./ Crams j, te CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIEORNIA 9264$ OFFICE OF THE CITY CLERK 2004 To: l-�--S% /J'I, CJ 6 Enclosed please find your original bid bond issued by 1� fL i Gib' for C_L� _ /�L _ City Clerk Enclosure g:Rollowup/cashcontlrelumbidbond.doc 1Tefephone:7 t45?53227} Bond No. Sid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, I970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Nobest Incorporated as Principal hereinafter called the Principal,and Contractors Bonding and Insurance Company a corporation duly organized under the lairs of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S l0'10 ), 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 Beach Boulevard Widening Improvements at the South East Corner of Edinger Avenue CC 1 105 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 pa)Tnent of labor and material furnished in the prosecution thereof; or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 12th day of _ April _ _ _ 2004 Nobest Into rated Witness Prune a (S ) B •. Contractors Bo and Insuranc CoTIM + Sure � (Seal) Witness By: Cl- � Linda D.Coats Attorney-irt-Fact ORSC 21328(5/97) CALIFORNIA ALL-PURPO -; ACKNOWLEDGMENT State of California � County of Orange - On ` 26 'b-t4 before me, Kay E. Anderson/Notary Public! Date Name and Title of Officer(e.g..*Jane Doe.No4ry Put;W) personally appeared Larry Nodland Name(s)of ssi ❑personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument ?� ' and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by ( his/her/their signature(s)on the instrument the person(s), ' or the entity upon behalf of which the person(s) acted, i :...:.. KAY E.ANDERSON executed the instrument. COMM.#130078 i_ WITNESS my hand and official seal. MjCaem.6fp.June 13.2N5 Signature of Notary Punic 7 ' OPTIONAL ' Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document ' Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer's) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: XI i ❑ Individual ❑ Individual E Corporate Officer ❑ Corporate Officer Title(s): President Title(s): ❑ Partner—❑ Limited v General ❑.Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Attorney-in-Fact . ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ,- ❑ Other. Top of thumb here ❑ Other. Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 Namnaf Notary Assoaation•Me Remmet Ave..P.O.Box 7184•Canoga Park.CA 91709-7184 Prod.No.5907 georder.can TdFFrea t 80u 87(;(ie2' SECTION C PROPOSAL for the BEACH BLVD «7DENING I31PR037EMENTS at the SOUTH EAST COI ER BY EDIN GER AN'ENUE CASH CONTRACT No. CC 1105 in the CITY OF IIUIWINGTON REACH 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 V Notice to Proceed will be issued for traffic pole procurement. After undersigned submits proof of mast-arm signal pole procurement and a detail construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2"d Notice to Proceed to the undersigned to commence Immediately with the physical site work thereafter to be completed vithin a Thirty (30) working day Construction Period. However, due to the holiday season and limited parking in the adjacent commercial center, the 2"4 Notice to Proceed will not be issued by the AGENCY between September I,2004 to January 8,2005. 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 C.1 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 $ru Bore] in the amount of$_ 10`lo which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice InAting 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 'dder's hZnatu C-2 PROJECT BID SCHEDULE Item 1�;0:•. .:Estimated. n rtth urtprice ::Eaten e: at! c ' :`.A ... .. : ::. 't MOBE.IZATION LS @ _ _ Zip TAC0v3c Dollars S S lq cw,. _a _ Cents Per LS 2 1 TRAFFIC CONNTCONTROL,O LS @ Pgil�mA Ztf-y.,--,S Dollars S /SLDv�• r d Cents Per LS 3 1 MISCELLANEOUS REMOVALS / LS @ �-- .� ..�f Dollar S �.OoC�.�� S _SZ9ocz�. Cents Per LS 4 290 CONST.PCC CURB AND GUTTER LF @ _ �a.� v� --I',-Cr Dollars $ 22. $ O Cents Per LF 5 174 CONST.8"PCC CURB ONLY LF @ Dollars S stpa.� G[.e-o Cents _ Per LF 6 197 CONST.6"PCC CURB ONLY LF @ If FIZ-V C Dollars S $ �- _ ZaeO _ _ Cents Per LF 7 2296 CONST.4"THICK CONC.SIDEWALK ARID CURB RAMP SF @ Dollars S � S __—? (d _ Cents Per SF 8 2245 0.17'CONSTA%,f DEPTH COLD MILL SF a@ Tc tJd — Dollars S 2. $ 2e r,v Cents Per SF 9 20 CONST.30"WIDE X 4"HIGH PARKWAY DRAIN LF @, ta4oz/ Dollar S S S 72G[d Cents Per LF 10 58 CONST.30"WIDE X 6"HIGH PARKWAY DRAIN LF @ , �t Lr�Ctl �( t/ _ Dollars $ S Ze rd _ Cents Per LF — — PROJECT BID SCHEDULE .} • • •- : :Extendedtea stimated. with unitrice%:.:.:- ..... ............ . ':;::.uan t}: .....[.....In. n r e llOt. iten :' 11 50 CONST.30"WIDE RAILBOX RCB LF @ Dollars $� $ .S 21 Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT EA @ l"�C .,,%/�/ Dollars S le ex Cents Per EA 13 1 CONST.Y WIDE SUMP BOX PER DETAIL 9A EA @ _L t� �A c-.;��Dollars S Ze Cents Per EA 14 2 CONST.V`N1/DE SUMP BOX PER DETAIL 9B EA @ Dollars S 9_�O_ $ f�Qii9.•� 2e/a Cents Per EA 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE cc�� r TN @ �ITU�Twr 5/ Dollars $ `� � S 3 �• r ZCvd Cents Per TN 16 65 CONST.0.15'THICK ARRM SURFACE COURSE PAVEME I TN C Dollars S $ I �230.•` Cents Per TN 17 1 INST.2"PVC STREETLIGHT CONDUIT R7 PULLROPE LS @ Dollars $ $ Cents Per LS 1$ I RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA @ f-i C-r- 7`l�Ij�S«� ,Dollars $.__,�_ $ sue- Zero _ Cents Per EA 19 1 MODIFY LAINDSCAPS IRRIGATION&HAND WATER _ LS @ f g-e �e s _ Dollars $ 9"o00•- 3; `ze l6 _ Cents Per LS 20 1 SIGNENG,STRIPING,MARKERS&MARKINGS LS @ FZV- Dollars S SX0• S -S.aoa. ZE rn Cents Per LS PROJECT BID SCHEDULE :,Xxtended.- ................ A............ .................. moullt 21 1 TEMPORARY TRAFFIC SIGNAL SYSTEM 194, d:a5ww, LS @ Dollars S 2 Cents Per LS 22 1 MODIFY TRAFFIC SIGNAL INCLUDES LOOPS LS @ 425/1s, Dollars $ 11p lw� `40 0're'. —Cents Per LS 23 1 RESET SURVEY MONWEN"T LS @ �C4_e Dollars S S Z,e Cents Per LS 24 @ Dollars S_ $ Cents Per 25 @ Dollars S_ Cents Per Total Amount Bid in Figures: S_ _3,1 9 0 412. `a- Total Amount Bid in Words: 4v-e^ .A............................................................. ... . . ................. ..... ........ LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who urill 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 o A'cvvia �� ♦ �c�C'-.ti�7�C �I4 t!'-� +K >z Svf E U Cs�-V� r r �/ 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 «rill be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item estimated :: Item withunit price Extended No.' Quantity written In words Unit Price Amount 1 I MOBILIZATION LS V16#1 _ Dollars S 10,X0.�'— S fOAGrv, _Cents Per LS 2 I TRAFFIC CONTROL LS @_ iZ, kt ��l�llZurC� Dollars $ I SDGb~` S lSCEO• _Cents Per LS 3 I MISCELLANEOUS REMOVALS LS @ Dollars S $~G�'D. S G/L z r Cents Per LS 4 290 COAST.PCC CURB AND GUTTER yyam�•• �+, o; ca. LF c@ Dollars S S Cents Per LF S 174 COAST.8"PCC CURB ONLY LF @,_ _ _27-7e Dollars S Cents Per LF 6 197 COAST.6"PCC CURB ONLY LF @__ vvr_ _ _Dollars S �= S f, 3 Cents Per LF 7 2296 COAST.4"THICK COI NC.SIDEWALK AND CURB RA.ti1P SF @ ;�,Vy/ Dollars S �• S _ 7• P-A _ Cents Per SF 8 2245 0.17 CONSTANT DEPTH COLD MILL rJ SF @ /��[� Dollars S Z• S ! �90. r Cents Per SF 9 20 CONST.30"WIDE X 4"HIGH PARKWAY DRAIN LF @ ��t r /�UK(�1-i� Dollars S Ll�Q r S Cents Per LF 10 58 COAST.30"WIDE X 6"HIGH PARKWAY DRAIN ewe LF C Dollars S � S Z3?� �_ Cents Per LF ^� w (Addendum 91) C-Is PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) item Estimated Item with unit price 'Extended No. Qu'anfltv -writteninwords 'Unit Price Amount 11 so CONST.30"WIDE RAILBOX RCB LF @ Dollars S SM. S Z "- P-"v -Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT EA C, Dollars S 52W. S e Cents Per EA 13 1 CONST.YWIDE SUMP BOX PER DETAIL 9A EA 9-—_(Ze Or-14--71-kV A Dollars s s 7,,-Aw. P —Cents Per EA 14 2 CONST.8'WIDE SUMP BOX PER DETAIL 9B EA %2L �f Dollars S S Cents Per EA 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE TN @ Ocl_o Doll= S �Gd S I Z Ze.,2z Per TN 16 65 CONST.0.15'THICK ARH%(SURFACE COURSE PAVEMEN-l' TN Dollars S Cents Per T, 17 1 NIST.2"PVC STREETLI(j'HT CONDUIT%VIPULLROPE e-117 doe LS @ &j,4 dr,r Dollars S S /20 j 2 eg Cents Per LS 18 I RELO.EX FIRE HYDRANT ASSEMBLY COMPLETE EA Dollars S S -s" -Z-e-cle Cents Per EA . 1 19 1 MODIFY LANDSCAPE/IRRIGATION&HAND WATER IPO� Dollars S LS 11T� z�6 ll S-01 Z.e-,f- a Cents Per LS 20 1 SIGNING,STRIPING,MARKERS&MARKINGS Zy =!!�,�CH; LS Dollars S 5-'e0o. r S T-:f- _JCents Per LS (Addendum#1)C-2s PROJECT ALTERiNATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item Estimated :: ..:.... Item with unit price - :. ::. Extended 'No. Quantity " .'written In words _ Unit Price Amount'- 21 1 TEMPORARY TRAFFIC SIGNAL SYSTEM LS @ " 7 tfdScGr.>/ Pollan $ L'Cd• S—CPS-fit? do s Cents Per LS + 22 1 1-SODIFY•TRAFFiC SIGNAL INCLUDES[OOPS / on LS @ i2 GyU T�Jv�st��Dollars S,'12, : . S 2 �• Cents Per LS 23 1 RESET SURVEY MONUMENT / „t LS @ e 2t� lltd VNe c! Dollars S rap° 5 !ZX In Cents Per LS 24 @ Dollars S S Cents Per 25 C Dollars 5 S Cents Per. Total Amount Additive Alternate Bid in Fieures:5 27L/ S 7_T: `= Total Amount Additive Alternate Bid in Words: ,W. � 4 ������. (Addendum#1)C-3s NOXCOLLUSIOn AFFIDA'4IT TO BE EXECUTED BY BIDDER ANM SUBMITTED NN ITH BID State of California ss. County of Orange L p�2 U op uawj b _ , being first duly sworn, deposes and says that he or she is ,2� � S J'Du; r of d c. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid, and u711 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 azure of id r f� d Soso 8 7 Otis rm"AA3my, C4 Address of Bidder Subscribed and sworn to before me this ?b day of APR)L , 200A. .• ..-�. KAYE.AWERSON i Ct COMM.91304678 a 4 NMkWPUBLIC•CALJF0W y S CPAWX CHUM Y wyc«rm�.,�,.���s � NOTARY PUBLIC — ~•"•`�.~.••�� NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD WIDENING IMPROVEMENTS, (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 S, 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. &1 O Bc:-S r tit C Contractor P R-a 511)(cy.-I TX Title Date: y - u.� ~0 ,L4 C-5 DISQUALIFICATION QUESTIOMNAIRE 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 .UNo If the answer is yes,explain the circumstances in the space provided. ]Note: This questionnaire constitutes a part of the Proposal, and.a signature portion of the Proposal shall constitute signature of this questionnaire. C-G 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. --Lo gsr i�c- Contractor Title Date: - ZCo -t:>4 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 v%z11 be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: S V P 'V-0 t'�' �•'� y Contractor Title Date: 4-2-1.�b Dote: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Wbrh. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INTOMUTIOti BIDDER certifies that the following information is true and correct: Bidder Name N. B DK F57 Business Address rPAj"S rgl 0A Z68 City, State Zip (7Vq ) . .$92— S 583.. . .. Telephone Number s Zz A State Contractor's License No. and Class (Class A or C-10 required) /78 Original Date Issued 713i /al _ Expiration Date The work site was inspected by yM t s i of our office on y//q 200_y. The following are persons, firms, and corporations having a principal interest in this proposal: Lo +-Qjw A opL. w P — P&oes,oe)L.r Moo Lo-s-t d -uomu&m— C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. uv Company Name S1 i er L oa v Printed or Typed Sign *ure Subscribed and sworn to before me this day of APF%J-- , 200-4. KAY E.ANDERSON COMM.#13DW78 4 �- p0l1F�i�7C�dill � torte Ea�..�13,2bQS NOTARY PUBLIC Jrk- NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work,%ithin the past two years: 5 er A R A c.Etcy I. 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 r Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEMf(NIAINTENANCE DEPT.) $1,052,000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS S 342,500.00 Project: Curb Ramp Replacement Contact: Ray Green Phone: (626)458-3122 3. CITY OF HUNTINGTON PARK S 400,000.00 Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. #253 4. CITY OF M.ANHATTAN BEACH S 647,700.00 Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE S 222,000.00 Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On APR 12 2004 before me, CHRISTINE M. RAPP, NOTARY PUBLIC Date Nam,and Us o1 Ofter(e.9„•lane Dos.Notary'PubWj personally appeared _ LDMA D. COATS Nan*&)of S+yner(s) Mpersonally known to me ' ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to _ the within instrument . and • ..... CHRISTINE M. RAPPt acknowledged to me that helshetthey executed oc _ COMM.#1267189 t the same in his/her/their authorized �n� NVTArrrP �c•cu'FoR�aA ?�' capacity(ies), and that by his/her/their --i ORANGA COUNTY My Comm.Exp.July 9.200, signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) ' acted, executed the instrument. ` WIT E5S my hand and official sql. Praoa Nowy Seal AboveTy (1a spnaA,r.or OPTIONAL Though&a Information below is not required by law.JV 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(!es)Claimed by Signer Signer's Name: ❑ Individual Top of thumb Mere ❑ Corporate Officer--Ttle(s): ❑ Partner—•❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. ' Signer Is Representing: a low NaoxW Mowy Anodadon•0=De Sob Ara.Po.Boa 2402•C1Wawor$CA 913112402•arrw.nodonwfaryog Prod.Nor 59M Rwdm Cal W*r"1400-lr"W "r t 1rtoYif y u li r r oil 1 r is s �i i if it it LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On orAfter: ocTOBx 31sT, aooa Number:908266 ; Only an unaltered original of this Power of Attorney document is valid.A valid original of this document is printed on gray security paper With black and red ink and bears the seal of Contractors Bonding and Insurance Company(the"Company"). The original document contains a watermark with the letters"chic"embedded in the paper rather that printed upon it.The watermark appears in the blank space beneath the words"Limited Power of Attorney"at the top of the document and is visible when the document is held to the light.This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below.and provided also that the bond is of the type indicated below.This document is valid only if the bond is executed on or before the date indicated above.- KNOW ALI; MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the followings DOUGLAS A. RAPP and LINDA D. COATS its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in ' its name, place and stead, to execute, acknowledge and deliver on behalf of the Companys (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking .that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided,- further, that no Attorney-in-Fact shall have the authority to issue a bid o_r proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) ?• consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company------------------------------------------- - ------------------- --------------------------------------- -------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------ --------------------------------------- ------ CERTIFICATE . 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now if full force and effect. Bond Number Bid Bond ;.: t� �trZ ` e Signed and sealed this l2th day of April 2404 Robert K.!_land,secretary CBIC a 1213 Valley Street a P.O.Box 9271 a Seattle,WA 98109-0271 , (206)622-7053 a (800)765-CBIC(Toll Free) • (800)950-1558(FAX) ,.� ^'•^•3�•.``;• HaaLPOA.t76.L'SO1I1703 ::,! CerH flcate o f Appointtment and Reso'lu bons of the Board o f Directtors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attomey(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter"Authorized Officer or Employee")may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed(if a seal be required);or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (i€a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any Authorized Officer or Employee 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 obligations of the Company(unless otherwise specified in the power of attorney itself);and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER,that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors,including,but not limited to, so called "fax or facsimile powers of attorney",where the entire power of attorney is a facsimile, remain in full force and effect;and that one form of a power of attorney may be attached to one bond(for example, the form for which this resolution is a part may be attached to a bid bond),and another form of power of attorney may be attached to another bond(for example,a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF,Contractors Bonding and Insurance Company has caused these presents to be signed by Its-president and secretary, and its corporate seal to be hereunto affixed this 1st day of Jan ary, 1994. State of Washington St ven A.G ines Attest: Kevin L.Lybeck,Secretary County of King On January 1st, 1994 before me, Molly A. Hudspeth Notary Public,personally appeared Steven A.-Gaines and Kevin L. Lybeck,personally known to me to be the persons whose names are subscribed to the withih! s&uA*nt,and acknowl- edged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. $g�;•�� YA y, i Signature (seal) ' Molly A.Hudspeth,Notary Publicy'�-o�' 0-cprj oo ; ... ���aowo®o City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714)374-1573 ADDENDUM NUMBERONE For BEACH BOULEVARD WIDENING IMPROVEMENTS - CC 1105 AT THE SOUTH EAST CORNER BY EDINGER AVENUE April 8,2004 Notice To All Bidders: Please note the following clairification to the Project Plans,Specifications,and Special Provisions: Specifications Section C—Proposal for the Beach Blvd Widening Improvements at the South East Comer by Edinger Avenue (see Page C-1) 1. Delete the 1s paragraph and replace with the following: 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 1" Notice to Proceed will be Issued at the execution of the contract for traffic pole procurement The 2"d Notice to Proceed will be Issued to the undersigned following the submittal of proof of mast-arm signal pole procurement(with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2"d Nonce to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. Section C—Project Alternative(see attached Project Alternative Bid Schedute,3 sheets) 2. Contractor sha!I provide an Additive Alternate Bid to aft bid items for construction activities under the following daytime work requirement(see attached Project Altemative Bid Schedule). The Additive Alternate Bid, Project Altemative, Is an Integral part of this proposal, and to be responsive, the bidder shall quote a price for all the Additive Alternate ldentifiedAisted in the attached Project Alternative Bid Schedule. The City shall award the contract on the basis of the Project Base Bid alone.: The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday. Exceptions Include weekend and overnight activities at specific locations as listed In Section 7.10.3. Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4.00 PM, Monday through Friday, except holidays and any exceptions listed In Section 7- 10.3. Section 6.71 (see Page E-8) 3. Delete the 1"paragraph and replace with the following: The 1'Notice to Proceed will be Issued at the execution of the contract for traffic pole procurement The 2"d Notice to Proceed will be Issued to the undersigned following the submittal of proof of mast- arm signal pole procurement (with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the Vo Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. During the traffic pole procurement period, the Contractor shall obtain the new mast-arm signal pole as called for on the Traffic Signal Modification Plans. The Contractor shall also be required during this procurement period to obtain the Caltrans Rider Encroachment Permit, which includes obtaining approval of the Contractor's traffic control plans and Water Pollution Control Plans(WPCP,see`draft"plan in Appendix III,which addresses the CalTrans Encroachment Permit) and approval of all other contract paperwork and required clearances from the Cities of Huntington Beach and Westminster. This modification does not change the Engineer's Estimate or the Bid Opening dateltime for this prcject This is to acknowledge receipt and review of Addendum Number one,dated April 8,2604. Company Name - - By c,�y L4 — Z-G b Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Duncan Lee at(714)375-5118. PALP, INC. nF3A EXCEL.PAVING COMPARY 2230 LEMhi, ,AVENUE LONG REACH. CA 90806 Clik CCLlK . 'p Rug 9; I d ol` . ■J ,II..f vr�'� y�:1�an.,ilJ.fll•i!1 . . C J CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C 9 , 2004 To: �i4L� Iye— .�,64 aaa) Ze_-�O L) .0.v Gc,v Enclosed please find your original bid bond issued by _1, 'nz_xUr,,v1J /",is 7-)714/-Z- 61= T7'/`� /TL=�TJ for City e Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone:714-536-52271 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 bereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S i o% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Beach Blvd.(1105) 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 Docurrtcnts with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and scaled this 13th day of April , 2004 PALP Inc.dba Excel Paving Company Witness inc Prrpal (Seal) MICHl LE E.DRAKULICH, ASST. SECRETARY By; - C.P. BROWN am r e Federal insurance Company Surct r ESea>7 Witness By: a. Dougla 0. Rapp Attorney-in-Fact ORSC 21328(3197) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y' Y State of California County of ORANGE 55. On APR 13 2004 . before me, CHRISTOPHM J. COATS. NOTARY PUBLIC Data Name Wd Tina of Ofxw(s.p..'7ena Doe,Notary Public') personally appeared DODCI,AS A. RAPP IVeme(s1 W 5-G*bnsl LR personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare OFFICIAL SEAL subscribed to the within instrument and ,. NOTARY PUBLIC-CALIFORNIAJ.COATS N acknowledged to me that helshelthe executed • t�lOTARY I'118LIC- � 9 y • a COMMISSION# 1267699 C the same In his/her/their authorized to '� ORANGE COUNTY acit ies ca y his/her/their My Commission Exp.July 15,20114 p Y( )� and that b signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS filaf seal. M"Ndtny Seal Above g of ot.ry Fud,c OPTIONAL Though the Information below is not required by law,if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thij form to another document Description of Attached Document Title or Type of Document: Document(late: Number of Pages- Signer(s)Other Than Named Above: 1 Capacity(ies) Claimed by Signer. Signer's Name: .❑ Individual Top of Uxxeb tale ❑ Corporate Officer—Title(s): ❑ Partner--p Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 log Nsbon.l Nogir Auo6■sd1.9M Ds Son Ar@y P.O.Ow 2402•Chalswan.CA 91313-M+�JO WORwlary ap ProS ft 59W Roo dr.CM Tog-Fe"I.000476-MF Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain Ylew Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All byThese Pm"nts,That FEDERALINStWMCE COMPANY,an Indana axporabort VIGILANT INSURANCE COMPANY,a WwY6&oorporawn, and PACIFIC INDEMNITY COMPANY.a Wisoxr;h corporation,do each hereby constitute and appoint Douglas A. Rapp or Linda D. Coats of-Laguna Hills, California----------------------------------- each as their bw and lawful Affomey-kr-Fad to execute render such desoabon In their names and to aft their corporate leafs to and deivrar kw and on their behalf as surety thereon or otherwise.bonds and undertakings and other writings obfgatory in the nahre thereof(other Man hall bonds)plvm or executed in the course of business.and any Instruments amerdng or aftering the same.and consents to the modification or afteration of arry I'rutrurterrt referred to In said bonds or obligations. In Wru=s Whereof.said FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this -2 2 nd day d January, 2004 , Kenneth C.Wendel,Assistant Secretary E.Robertson. rut STATE OF NEWJEFiSEY J as. County d Somerset onthis 22ndwyof January, 2004 .befomme,allowyPubkdNmJorwy,personWcw sKwmftC:ViwdKbnwkrom to be Assistant Secretary of FEDERAL iNSURANM COMANY,VIGILANT 9=RANCE COMPANY.and PACIFIC tNDEMMTY COMPANY,Cho compardes wtddl eacuW the foregoing Power or Attorney,and the said Kerneft C.Wendel being by me skly swan,dd depose and say that he is Asdst wd Sewetary of FEDERAL INSURANCE COMPAW. VIGILANT INSURANCE COUAPAW and PACIFIC INDEWTY COMPANYand hwws t w oorporabe sorts Ihered,that he seals anod b Cie loreg*v Power of A&xney art pach corporate seats and were thereto of *d by auttwrtty of the try-taws of said Corrpm*v and that tie signed said Power dAltomey as Assistwd Secretary of said Conrpw iss by pee&Ahodttr,and that he Is acquainted with Frank E.Robertson,and bvvs Nm to be Vice President d said Cornparies;and that fie sirahma d Frock E.Habertsan. sub=itied b said Powerof Atrorney Is h the QmL*a hand MdrV d Frank E.Robertson,and was therm sA3 fend by oufhortty of said SrCaws and to depo mirft prebwce. Notarial seal Kni A.Price r p Rid, any Pubic Sq��;ie C Oi A �7r Jersey �_�Ll . � 01? fi No.L311647 Haw public of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: OAS pow8fsattorney for and on behalf of the Company may and silrall be executed In the narne and on behalf of the Company,either by the CMmnan 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 srxh officers may be engraved.printed or iftgraphed. The s3gra4um of each d Ow 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 tac simile too any power of attorney or to any certificate relafirg thereto appointing Assistant Secrefaries or Avomeys-In-Fact for purposes only of execrtintg and attesting bonds and undettatangs and other writings obligatory in the nature thereof.and any such power of aitomey or certificate bearing such facsimile signalr.rre or facsimile seal shag be valid and binding upon the Company and any such power so executed and certified by such facsimle signature and facsh*seal shalt be valid and bkKfinq upon the Company with respect b any bond or unrdertaldng to which it Is attached.', 1.Kenneth C.Wendel,Assistant Smvtary of FEDERAL INSURANCE COMPANX VIGILANT INSURANCE COMPANY.and PACIFIC QJDBANIITYCOMPANY (the"Companies')do hereby certify that . (,I the foregoing extract of the By-taws of the Companies is tue and comoct (7 the Companies are duty licensed and aruWdzed to transact surety business In all 50 of the United States of America and the Distict of Cokrrrbla and are authorized by the U.S.Treasury Department;further.Federal and VV&wtt are licensed In Puerto Rico and the U.S. Virgin Istands,and Federal is licensed in Amcrfcam Samoa,Guamk acid each of the Provinces of Canada except Prince Edward Island;and far) the foregoing Power of Attomey is teas.correct and in fail force and effect Given under my hand and seats of said Companies at Warren.W this 13t4t day of_ • AE! 1, 2004 — ASV �MoUsCT F `�,S��CE ! > U 2 U,�t +hsrotts` E>r Yaa Kenneth C.Wendel.Assi4tard Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM.VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3485 Fax (908)903.3656 a-fnal: sure!y@chubb.com s City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714)374-1573 ADDENDUM NUMBER ONE For BEACH BOULEVARD WIDENING IMPROVEMENTS - CC 1105 AT THE SOUTH EAST CORNER BY EDINGER AVENUE April 8,2004 Notice To All Bidders: Please note the following clairification to the Project Plans,Specifications,and Special Provisions: Specifications Section C—Proposal for the Beach Blvd Widening Improvements at the South East Comer by Edinger Avenue (see Page C-1) 1. Delete the 10 paragraph and replace with the following: 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 1" Notice to Proceed will be Issued at the execution of the contract for traffic pole procurement. The 2nd Notice to Proceed will be Issued to the undersigned following the submittal of proof of mast-arm signal pole procurement(with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2nd Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. Section C—Project Alternative(see attached Project Alternative Bid Schedule,3 sheets) 2. Contractor shall provide an Additive Alternate Bid to all bid items for construction activities under the following daytime work requirement(see attached Project Alternative Bid Schedule). The Additive Alternate Bid, Project Alternative, is an integral part of this proposal, and to be responsive, the bidder shall quote a price for all the Additive Alternate Identifiedllisted in the attached Project Alternative Bid Schedule. The City shall award the contract on the basis of the Project Base Bid alone.: The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday. Exceptions Include weekend and ovemight activIties at specific locations as listed In Section 7-10.3. Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays and any exceptions listed in Section 7- 10.3. Section 6.71 (see Page E-8) 3. Delete the V paragraph and replace with the following: The Is'Notice to Proceed will be issued at the execution of the contract for traffic pole procurement. The 2"d Notice to Proceed will be Issued to the undersigned following the submittal of proof of mast- arm signal pole procurement(with a firm delivery date) and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2rd Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all worts within a Thirty(30)working day Construction Period. During the traffic pole procurement period, the Contractor shall obtain the new mast-arm signal pole as called for on the Traffic Signal Modification Plans. The Contractor shall also be required during this procurement period to obtain the Caltrans Rider Encroachment Permit, which includes obtaining approval of the Contractor's traffic control plans and Water Pollution Control Plans(WPCP,see"draft"plan in Appendix III,which addresses the CaiTrans Encroachment Permit) and approval of a!l other contract paperwork and required clearances from the Cities of Huntington Beach and Westminster. This modification does not change the Engineees Estimate cr the Bid Opening daieltime for this prciect. This is to acknowledge receipt and review of Addendum Number one,dated April 8,2004. PALP.INC.DBA EXCEL PAV:1.,.0 COMPANY C.P. BROWN Company Name By rRFslaFNr APR 2 6 M4 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Duncan Lee at(714)375.&118. SECTION C PROPOSAL for the BEACH BLVD NA IDENING IMPROVEMENTS at the SOUTH EAST CORNER BY EDINGER AVENUE CASK CONTRACT No. CC 1105 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUI!'TINGTO.N 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 I'" Notice to Proceed will be issued for traffic pole procurement. After undersigned submits proof of mast-arm signal pole procurement and a detail construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2nd Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Thirty (3D) working day Construction Period. However, due to the holiday season and limited parking In the adjacent commercial center, the 2sa Notice to Proceed will not be issued by the AGENCY between September 1,2004 to January 8,2005. 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 accompan3 ing 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 C-1 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 bdi#A bVI in the amount of SkL, -� K)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 I.P. BROWN APR 2 G 2004 PRESIDENT C-2 • PROJECT BID SCHEDULE tem :Estimatedtern with vn:t pace .:.:Extended us�itft -:ivatten n Dior' sii.,.ii. i ds=:�:-����:�:'�-?:���:�:'����:��':����'�-:�:`•:���: ':�I�aitPrtce�.:� �:�� a tit-x: 1 1 MOBILIZATION LS @ s `rr Dollars S bo 00�• SIC) Cqa'� _ Cents Per LS 2 1 TRAFFIC CONTROL �1 ,ff pp��2 LS @ •� 91Ab Wu tW-0_,dollars S •� S ) Cents Per LS 3 1 MISCELLANEOUS REMOVALS _ �y LS @ 51 .�5�� R`-`�� Dollars SI to d S lt0�'S d CentsPer LS 4 290 CONST.FCC CURB AND GUTTER LF @ - TUI�Cj/L21 a!a_-- ._Dollars S P/". $ W3�/ t7 Cents Per LF 5 174 CONST.8"PCC CURS ONLY n LF @ _„ � C Vt ---- Dollars Cents Per LF r 6 197 CONST.6"PCC CURB ONLY .� LF @ T_ULC� 0� — Dollars s SSEAXA00% ��• Cents Per LF 7 2296 CONST.4"THICK CONC.SIDEWALK AND CURB RAMP SF @ �i �—Dollars "b Cents Per SF - - -- -- 8 2245 0.1 7'CONSTANT DEPTH COLD MILL SF @ _ - ' l w`� Dollars O Cents Per SF 9 120 CONST.30"'MDE X 4"HIGH PARKWAY DRAIN LF @ Dollars S,� �• S 2' ' 0 Cents Per LF 10 58 CONST.30"WIDE X 6"HIGH PARKWAY DRAM / LF @ -l!C Dollars S d Cents Per LF PROJECT BID SCHEDULE Item withtunttpr�ce:: :::::: ::•::::::::::: ztentied ritte' ii c ri4iiiouat::: �:�: �� :�:�:�:;:�:;:;:�:=::�:� �nl{P : 11 50 CONST.30"WIDE RAILBOX RCB LF @ ` �UC Dollars S LM�� $ IA11�0 ' Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT r EA @ � � Dollars S �l + S Imo`_' d Cents Per EA 13 1 CONST.5'W``I��D__E__SUMP BOX PER DET IL 9 EA @ r� " Dollars $ ,,WV --- S a Cents Per EA 14 2 CONST.8'W1DE SUMP BOX PER DETAIL 9 EA @ � _ -- --- Dollars $- S J I 000. T) Cents Per EA 15 325 CONST.A.C.PAVEMENT&.LEVEL COURSE TN @ Ir,r� Dollars S $ b Cents Per TN 16 65 CONST.0.15'THICK AP INN SURF CE COURSE PAVEMEN-17 TN @ Dollars S. S �� a Cents Per TN 17 1 TNST.2"PVC STREETLIGHT CONDU T 7 PULLROPE J LS @ df ollars S C— Cents Per LS 1$ 1 RELO.EX.FIRE HYDRAN"r AS MBL.Y CONIPLM EA (c�— �K- _ Dollars $ $ U Cents Per EA 19 1 MODIFY LAINDSCAPEq"JOATl ON&IlkN?WATER TER LS @ iujre'i' MW40 -4 7�K 4i7ollars S�� S -b Cents Per LS 20 1 SIGNING,STRIPING,NIARKE tt&N GSiL LS @ d v ollars S Its/• S Cents Per LS PROJECT BID SCHEDULE tem stunate tem wit unit.pr�ce:::: :::: ::::: ::: :Extendc • Y �0, aaitt[ . writte .. -i is mount: ,Q ty.. . n I orris:::_: := := . . t Pr e':: 21< 1 TEMPORARY TRAFFIC SIGNAL SYSTEM LS @ ' Mars $,�� S rso Cents Per LS 22 1 MODIFY TRAFFIC SIGNAL INCLUDES LOOlmlk LS @ $ . -- S C. Per LS 23 1 RESET SURVEY MONUNMNT LS @ 1-,+VC 4MAC&Z 6tDollars S _ S . d Cents Per LS 24 @ Dollars S S Cents Per 25 @ Dollars $ Cents Per Total Amount Bid in Fi res: S .--...Total Amount Bid inWords:-.!� - ----� --- ._..,. Ut:........... . PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item Estimated :. . ::. item«-ith unit price ;Extended No. Quantity written in words Unit Price Amount 1 1 MOBILIZATION LS @ Dollars S S 354� 0 Cents Per LS 2 1 TRAFFIC c-C�ONT-&OL,.# f� /� LS @ q�'4' 'M ' 1. i �.t�dl.�d/bollars S 29L� _ S b Cents Per LS 3 1 MISCELLANEOUS RE OVALS , LS @ _Dollars S0 S `� • u Cents Per LS 4 290 CONST.PCC CURB AND GUTTER LF @ iV bi_ Dollars S • r S&. Cents Per LF 5 174 CONST.8"PCC CURB ONLY LF @ W 'vC Dollars S �� S 0 Cents Per LF 6 197 CONST.6"PCC CURB ONLY LIM LF @ or, Dollars S S Cents ' Per LF 7 2296 CONST.4"THICK CONC.SIDEWALK AND CURB RAMP 7f SF @ Dollars S-4•' S '� cents Per SF 8 2245 0.1 T CONSTAINT DEPTH COLD MILL SF Dollars S 1 -, S Cents Per SF 9 120 CONST.30"WIDE X 4"HIGH PARKWAY DRAM! LF @[y _ _ Dollars S W — S uo a Cents Per LF 10 58 CONST.30"WIDE X 6"HIGH PARKWAY DRAIN LF @ 1 Dollars S • J S Cents Per LF (Addendum#1)C-Is t PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item Estimated - :... item with unit price 7. : . . = Jtxtendcd . No.' 'Quantity written in words . Unit Price -:Amount 11 50 CONST.30"WIDE RAILBOX RC jB LF r014p f �,Cl Sd jajDollars $ S Cents Per LF 12 1 CONST.PARKWA CLEAN OUT EA C 414 Dollars S S ` Cents Per EA 13 1 CONST.Y WIDE SUMP BOX PER DETAIL 9A 1 1:A Q - - b Ilars S .i S J Cents Per EA 14 2 CONST.8'W1DE SUMP BO PER DETAIL 913 a' -� EA k ollars S _ fl Cents Per EA 15 325 CONST.A.C.PAVEMENTT&LEVEL COURSE TN @ • - 171�1 Dollars S Cents Per TN 16 65 CONST.0.1YTHICK ARf v4 SURFACE COURSE PAVEMENT TN Q SA t%L Dollars S 1� S J S 0 Cents Per TN 17 1 INST.2"PVC STREMIGHT CONDUIT W/PULLROPE LS Q Ak" dollars 5 �"W�' ' S t b Cents Per LS 18 1 R£LO.EX.FIRE HYDPk-Tr ASSENIBLYeCONIP� EA @�A�F"_&_Wm �CLy4, --Do11ar�,; S � �l ✓ S "t���• , 'O Cents 1� Per EA 19 1 MODIFY IA_NDSCAPEARRIGATION&HAND WA R 2�t� ,•�,� LS lars S��?7 • S 6 Cents Per LS 20 1 SIGNING,STRIPING,MARKERS&�M�AR�KMrv,S A "A A I S @ SGu�-�.1 �.wL� oilars � v a Cents Per LS (Addendum##1)C-2s PROJECT ALTERNATIVE BID SCHEDULE -Addendum #1 (for Day Work) Item Estimated ::. 7. ...:.Item with unit price ..:.: Extended No'. Quantity written in words Unit Price Amount 21 1 TEMPORARY TRAFFIC SIGNAL SYSTEM LS @a V(-��ollars S S Ccnts Per LS 22 11 MODIFY TRAFFIC SIGNAL INCLUDES EPOPS LS @ llars S L S Cents Per LS 23 1 RESETSURVEY f0NUMEN LS (3a � ��c W4,11ars S 5% -- S Cents Per LS 24 Dollars, S $ Cents Per 25 Q Dallas $ S Cents Per Total Amount Additive Alternate Bid in Figures:S (a , Total Amount Additive Alternate Bid in'Words (Addendum 91)C-3s 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. ;,of rtion Name and Address of Subcontractor State License Class Bork Number 1MG qS jl?�.f 4u rve, �- - LS6atl Xb1D 4�L v�a D Zuo A&%VDc SVV0M% 4A By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange C.P. BROWN , being f1WdtHq ern deposes and says that he or she is PRESIDENT of EXCEL PAVING COMPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid PALP INC DBA EXCEL PAVING COMPANY Name of Bidder CT C P BROWN PRESIDENT Signature of Bidder 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder APR 2 6 2004 Subscnbed and sworn to before me this day of , 200_ SEE ATTACHED NOTARY PUBLIC NOTARY SEAL C4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y?�.'C��.`'4�Y'M�'�:��'.'��:�L`'rSi�»•!�'r'S.'_r:C'l`!�?G�4�''.G'cr'�:�'.'�'�:5�'_L'r:�:LY':�'!''4Y!4�{,'_C_S:T!'G!'S.�C''4'1.:'4`(?4l?SrY''�C�'�`:L�:�'�S'r��'��'. State of California County of LOS ANGELES SS. On APR 2 6 2004 , before me, CELESTE A. GRAHAM, NOTARY PUBLIC Dais Name V4 700 of On W(a 9,'Jana Dw,Naisry PubW) personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN PRES I DENT Nafr*a)of sgnana) L2personally known to me ❑ proved to me on the basis of satisfactory evidence CELESTE A. GRAHAM to be the person(s) whose name(s) istare a t;c l COt.1l.1. #1312118 O subscribed to the within instrument and v _: f tao,:�'r��st�c-cr_froe�^.a 0 acknowledged to me that helshelthey executed C -p= I.CSA%3E1 cSC WX the same in his/her/their authorized My Co:rmissicrl Expires July 30.2C05 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. WITH JSS my hand and ofr at se I. pt"NOWY Sea[Above d S"hmv of Nobry Punic i 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: Humber of Pages: Signer(s)Other Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name: ❑ Individual Top of[numb here ❑ Corporate Officer--Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O mb99 Nana-[Nosy Aaweufan.MD fH Sodo Ar-,PO.Boa 24M•LQwa arati CA 01313-242•r naaorahwary orq Prod.No.4907 Raarder:Lai Ufftee I-NO-6 46M 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 BEACH BLVD WIDENING IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PALP.INC.UBA EXCEL PA'•`.NG COMPANY Contractor By CA BROWN,PRESIDENT Title Date: APR 2 6 2004 C-s DISQUALIFICATION QUESTIONl\TAIRE 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 Q(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP.IP,11C.DBA EXCEL PrVONG C011APANY Contractor By e-P- BROWN.PRESIDENT Title Date: APR 2 6 2094 - C-7 UIv'DERGROUND 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. Contractor BY Title Date: Tote: 77iis form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Mork Additional farms may be obtained from the AGENCY upon request. C-S BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PALF, INC. DBA EXCEL PAVING ► p Bidder Name 2230 LEMON AVENUE LONG BEACH. CA 90806 Business Address City, State Zip ( ) (562)599.5841 Telephone Number - STATE UC. 688659 PA* State Contractor's License No. and Class(Class A or C-10 required) Original Date Issued 5.31�0� Expiration Date The work site was inspected by skb1LkA^ of our office on 41 10104 200_. The following are persons,firms,and corporations having a principal interest in this proposal: PA P. Il:C ri6A C1 21ISDxr&C41EF Dma ,atn EXCEL PA` 1'..GCOMPANY CAROLYNaBflO-?v?4,SE[tuAty&DUEFFINWALOMM ce WE PtfS DW CUM P SROwN I!I.YsCE PtfStDW MJCE E RAII,VICE PMDDa MICIiELE E AK tt tr_N ASUSrANT SEEM C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP.1%'G.Dbh EXCEL PA';;tI'G=IPANY Company Name Signature of Bidder pHESI0ENT G.P.BROWN. Printed or Typed Signature Subscribed and sworn to before me this,_„_day WR 2 6 200-1 ,200_. NOTARY PUBLIC SUATYACHELG NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work vArithin the past two years: l SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California , �• ss. •I County of LOS ANGELES �• APR 2 6 �OU�� On , before me, CELESTE A. GRAHAM, NOTARY PUBLIC I; Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN , I' PRESIDENT Name(s)of Signer(s) , 01 personally known to me ❑ proved to me on the basis of satisfactory ; I evidence , to be the person(s) whose name(s) is/are CELESTE A.GRAHAM subscribed to the within instrument and COMM. #1312118 acknowledged to me that he/she/they executed U ,. NOTARY PUBLIC CALIFORNIA t7 O LOS ANGELES COUNTY the same in his/her/their authorized My Commission Expires July 30, 2C05 capacity(ies), and that by his/her/their , signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officia seal. Place Notary Seal Above Signature of Notary 1-MIC OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ) Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual o El Corporate Officer—Title(s): Top f thumb here ❑ Partner—❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ) ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.,Call Toll-Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I •I State of California , County of LOS ANGELES ss. I• I �,. On APR 2 6 2004 , before me, Celeste A. Graham Notary Public I; Date Name and Title of Officer(e.g..'Jane Doe,Notary Public") personally appeared C.P. BROWN, PRESIDENT & MICHELE E. DRAKULICH, , ASST. SECRETARY Name(s)of Signer(s) , t, U personally known to me ❑ proved to me on the basis of satisfactory 1 evidence , 1 to be the person(s) whose name(s) is/are ' PCELESTE A.GRAHAM subscribed to the within instrument and oCOMM. #1312118 O acknowledged to me that he/she/they executed � UCH NOTARYPUBUC CALIFORNIA on the same in his/her/their authorized LOS ANGELES COUNTY capacity(ies), and that by his/her/their Il'y Commission Expires July 30, 21005 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ) Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ) ❑ Individual o ❑ Corporate Officer—Title(s): Top f thumb here ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ) ❑ Other: Signer Is Representing: 01999 National Notary Association•9350 De Soto Ave.,P O.Box 2402•Chatsworth,CA 91313.2402•www.nationatnotary.org Prod.No 5907 Reorder:Call Toll-Free 1.800-876-6827 r _EXCEL PAVING COMPANY P.O. Box 16405 ` A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 C.P. Brown, President; 33 years experience working for other general contractors with the past 22 years being self— employed in own general engineering contracting business. i' INCUMURNCY AND eiCNAYURQ CERTIPICAT11 OF PALP, 1NQ. The underelgnedr Carolyn J. Brown, bolog the duly steeled and Incumbent becretary of PALP, Inc. dba 13xcel Paving Company, a California ,Corporation (Ihe "Corporntion")r heraby caeWlIz: :!:.-t tht rorsons named below are, on and as of the date hsreofr the duty gUailltetf, elected anti acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, In the name of and on behalf of ' the Corporation. Curtis P: Brown President and Chlef Operating Officer Carolyn J: Brown Secretary and Chief Rlnancial of'flcsr Cearje R. McRae senior Vice President iturtle-P. Brawn III Vice President Brace H. Platt Vice President a Assistant Secretary Mlehole 10. Orokuildh Assistant Secretary M WITNESS WNRRISOPr they Undersigned has executed this CartTf10040 via of the data sal forth below. Datoi November 8, 2001 • i AItoLI . a-rotary . . :ftCEL PAVING COMPANY pU.IX A GENERAL ENGINED WO CONTRACTOR LONG BEACH. CA "i STATE LICENSE NO. 680659A FAX40 Q6 6 CREDIT APPLICATION Excel PavIng Company 2230 lemon Avenue P.O. Boat 18405 Lmp Beach.CA moe Telephone: 58T- M6841 Fax: W2-690-3979 Type of Business: Gona wl Er Ine°rlhg Contractors Conliractm Lloonse* 886859A Fed 1.0.0 65-3872014 Excel Paving Company Is a Corporation corner. Palp, Inc. 2230 lemon Avenue Long Beach, CA 00606 In business atnce Otlaber 1981 Sarno location since October 1981 Prmperty armed by Brown 8 MI119 Flnanclel rating With Dun IL Bradstreet: Rating 3A2, SIC 0 18t 1 .US Dmk.2633 Cherry Ave„ Signal Hilt,CA 90608 A000unt Representative: taz Acres or Cellne Qonzaleur Telephone: W24W2088 or W2-480-2079 ChB N#V Account#1534-9105 8889 TRADE REFERENCES: Vulcan edals 32�8-2777 323254-6102 slivia A�rredondo R.E.H.Ttudbo e00-591-0871 90"91-0606 Gina Mendlola Blue Cismond Matedale . 714678-8507 714- 49-2831 Jerry Easterwood eavala Equipment 800-223-2473 949.682--8597 Mona Covington SPECIAL.BILLING REQUIREMENTS: Show]ob number on Invoices to expedite payment. ' I ce:•tl f thafthe above Informatlon Is trvo and correct, and that wo wn and will comply W6 your terms. C.F. 8 avm Date Preetdent -.-;tXC,EL PAVING COMPANY LONG BEACH, sBO) A GENERAL. ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A FAX (562)dq Retz"nee I.!!t As (it htaL 2000 I. Clty of Lang Beach 333 West Ocean Boulevard Long Beach CA 90802 Glilis Muaroa Chief Constructlnn lnspwor (362) S704161 2. Burbank Glendaio-Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.B. (818) 840-9416 Or (818) 840.8840 3, Los Angeles County Public Works 900 Routh Fremont Avenue Alhambra CA 91803 GAry Hartlay,Construction Dlvlston (626) 458.3100 -EXCEL PAVING COMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806.5195 STATE LICENSE NO. 688659A (562) 599.5841 FAX (562) 591-7485 BONDING AGENT: RAPP SURETY SERVICES 23461 SOUTH POINTE DRIVE SUITE 345 LAGUNA HILLS, CA 92653 CONTACT: DOUGLAS A. RAPP OFFICE: 949/457-1060 FAX: 949/457-1070 SURETY: FEDERAL INSURANCE COMPANY C/O SURETY DEPARTMENT 801 SOUTH FIGUEROA STREET 23RD FLOOR LOS ANGELES, CA 90017 OR P.O. BOX 30127 LOS ANGELES, CA 90030-0127 INSURANCE CARRIER: THE WOODITCH COMPANY ONE PARK PLAZA SUITE 400 IRVINE, CA 92614 CONTACT: WILLIAM WOODITCH OFFICE: 949/553-9800 FAX: 949/553-0670 EXCEL PAVING COMPANY OPEN JOBS 2003 ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. PROJECT/OWNER/AGENCY INCOME COMPL. 3369 ONE OCEAN TRAILS DR., 187,017 100.0% 0 3589 MEDICI. LOS ANGELES 1.300,961 100.0% 0 3637 12015 HARBOR BLVD.,GARDEN GROVE 292,022 100.0% 0 3704 TAXIWAY D L.B.AIRPORT 3,69B,591 100.0% 4 3714 PIER T. PORT OF LB 14,292.378 100.0% 191 3716 710 FWY PCH TO 405 19.243.795 98.2% 349,155 3721 IMPERIAL RYV LOS ANNGELES 1,037,837 99.9% 676 3723 INDIANA&WA VERNON 158,522 66.2% 21,908 3737 4341 E.WASHI COMMERCE 4,354,077 100.0% 0 3742 HENRY FORD, LA 2.700,058 100.0% 0 3747 WEST& EAST ALAMEDA 7,215,816 100.0% 0 3807 OVERLAND AV LOS ANGELES 2,014,005 100.0% 0 3833 GRAND CANA LOS ANGELES 690,359 100.0% 1 3834 GATES 3&4 L.B.AIRPORT 434,826 100.0% 0 3835 SECURITY GA L.B.AIRPORT 350,251 100.0% 0 3836 BELLFLOWER LONG BEACH 687,385 99.8% 1,323 3837 PARKCREST LONG BEACH 576,440 100.0% 0 3838 COLLEGE PAR LONG BEACH 129,620 100.0°% 0 3839 VARIOUS STR LONG BEACH 1,414,033 100.0% 0 3841 MANUAL INTE PORT OF LA 10.946,975 1.5% 10.779,418 3843 LAUREL CYN LOS ANGELES 722,540 100.0% 23 3644 SHADY CYN P IRVINE 134,618 100.0% 0 3853 MISSION BLVDPOMONA 1,933.686 100.0% 0 3855 21STST.. HERMOSA BEACH 93,674 944.9% 4,740 3860 54TH ES, LOS ANGELES 372.883 100.0% 0 3862 VARIOUS ST 0 RANCHO PALO$VERDES 1,335.586 100.0% 0 3865 2627 HOLLYW BURBIGLENIAIRP 153.295 99.5% 737 3866 HARDING AVE LA 1,272.458 99.9% 1,897 3867 SAN FERNAND LA 241,389 100.0% 0 3B75 ORANGE AVE. LONG BEACH 1,075,722 100.0% 0 3876 PARTHENIA, LA 1,068,233 . 100.0% 31 3880 BERTH 212-22 POLA 5,249,813 99.9% 2,864 3881 BROADWAY LA 2,370,101 97.0°% 72,224 3882 RTE 110 LOS ANGELES 13,878 1.0% 13,743 3888 2001-2002 AN BEVERLY HILLS 1,071.191 100.0% 0 3891 DODSON MS LA 417,115 100.0% 0 3893 CHERRY AVE LONG BEACH 47,332 49.5% 23,893 3894 ROWAN AVE LA 529,889 100.0% 1 3895 PIER S PORT OF LONG BEACH 11,152.620 09.4% 62.192 3898 1200 GETTY C LOS ANGELES 83.066 98.1% 1,542 3900 CENTURY PK LOS ANGELES 769,641 16b.0% 1 3904 ST. JOHNS HL SANTA MONICA 307,699 100.0% 0 3906 ROUND MEAD HIDDEN HILLS 481,337 100.0% 0 3907 ADDAMS ES LONG BEACH 298,807 100.0% 0 3908 13652 CANTA LOS ANGELES 351,000 100.0% 0 3909 AMGEN CTR THOUSAND OAKS 904,004 100.0% 0 3910 AMGEN CTR THOUSAND OAKS 181,997 100.0% 0 3912 GRAND AVE EL SEGUNDO 285.134 87.0% 36,969 3914 ALLEYS - 13THSEAL BEACH 1,176,42S 100.0% 0 3915 OVERLAND ES LOS ANGELES 412,000 100.0% 0 3916 JOHN MUIR M LOS ANGELES 346,489 100.0% 0 3919 AVENIDA MAZ SANTA MONICA 10,370 100.0% 0 3922 BELLAGIO& N LA 1,274,420 67.1% 413,912 3923 OLYMPIC BLV BEVERLY HILLS 1.093,192 100.0% 0 .3925 DIAMONDfCRE LAGUNA BCH 266,863 100.0% 0 EXCEL PAVING COMPANY OPEN JOBS 2003 ' ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. PROJECTIOWNERIAGENCY INCOME COMPL. 3926 KENNETH VILL GLENDALE 934,377 100.0% 0 3927 BUS CENTER, INGLEWOOD 1.228,113 97.9% 25,627 3929 OLYMPIC BLV LOS ANGELES 501.589 99.7% 1.734 3931 PCH&ADMIR SUNSET BEACH 161,473 99.9% 217 3933 CORONA AVE LOS ANGELES 420,114 100.0% 0 3934 ROSCOMARE BELL 491,620 98.4% 8,016 3937 1730 CORONA LONG BEACH 3.800 100.0% 0 3939 GLENNEYRE S LAGUNA BCH 406,063 100.0% 0 3940 HARDING E.S..SYLMAR 634,037 100.0% 0 3941 SOUTH STREE LONG BEACH 334,371 100.0% 0 3943 SOMERSET BLBELLFLOWER 322,468 100.0% 0 3945 CAMINO CAPI SAN JUAN CAPISTRANO 299.287 100.0% 0 3947 TUSTINAVE.. ANAHEIM 3,855,000 62.1% 1,460,824 3948 PALISADES C LOS ANGELES 209,154 60.0% 83,625 3949 2300 E.PCH, WILMINGTON 110.062 100.0% 0 3950 PV.DRISCHO RANCHO PALOS VERDES 27.036 100.0% 0 3951 2401 E.WARD LONG BEACH 399.700 100.0% 0 3952 DOWNEY HOS DOWNEY 22.784 36.0% 14.593 3953 PLAYA DEL RE LAUSD 468,728 100.0% 0 3954 505 N.FIGUER LOS ANGELES 106.331 100.0% 0 3959 SANTA MONIC LOS ANGELES 42,569,000 19.8% 34,156.624 3961 YACHT HARBOR, 157,906 95.4% 7,247 3962 S.MACLAY AV SAN FERNANDO 412.397 100.0% 0 3963 ELDORADO P LONG BEACH 156,007 100.0°% 0 3964 LONG BEACH LONG BEACH 343.141 99.8% 762 3966 13652 CANTA PANORAMA CITY 60,000 16.8% 42.091 3987 5722 DAIRY A LONG BEACH 5,500 100.0% 0 3967 5722 DAIRY A LONG BEACH 5,500 100.0% 0 3969 BERTH 206 20 PORT OF LA 3.147,023 90.6% 298.867 3971 VARIOUS&W CULVER CITY 1,178,796 99.7% 3,879 3972 633 W.STH ST L.A 10,760 100.0% 0 3973 LOS ROBLES THOUS OAKS 311,907 44.1% 174.453 3976 EXCESLIOR D NORWALK 357,193 100.0% 0 3977 ROSECRANS, NORWALK 200.532 100.0% 0 3978 WARDLOWICL LONG BEACH 721,029 100.0% 0 3979 WARDLOWIPV LONG BEACH 786.368 100.0% 0 3982 ROSECRANS COMPTON 33,850 100.0% 0 3983 18349 FIGUER LOS ANGELES 10,759 100.0% 0 3984 CADILLACIVE LOS ANGELES 585,293 63.6% 213,296 3985 TOWN CENTER HALL 143,281 100.0% 0 3986 ,2627 HOLLYW BURBANK 291.290 99.8% 556 3987 RAMSDELL AV LA CRECENTA 130,702 100.0% 0 3986 VARIOUS ST R SEAL BEACH 161,607 68.5% 50.980 3989 SEE JASON MARTIN 0 100.0% 0 3990 OCEAN BLVD LONG BEACH 1,284,138 90.9% 116.899 3991 ROSECRANS NORWALK 91,835 100.0% 0 3992 NEWPORT BLVDNICTORIA 279.603 90.6% 26,341 3993 108016TH RANCHO CUCUMONGA 301.499 100.0% 30 3995 ALICIA PKWYIPASEO DE ALICIA 246,473 100.0% 0 3996 SEE J08#3984 0 100.0% 0 3998 COLLEGE PK SEAL BEACH 6,600 100.0% 0 3999 LILO PKG LOT ANAHEIM 181,180 100.0% 0 4000 HOLLYWOOD WAY OFF RAMP 46,240 100.D% 0 4001 BRISTOLIHEMLOCK 24.140 100.0% 0 4002 170TH ST,ARTESIA 82.489 6.7% 76,941 4003 710 FRWYIANAHEIM 312,757 42.3% 180,578 4004 GREEN VALLY CIRCLE CULVER CITY 1,118,606 98.2% 20.436 4005 CATALINA LANDIND LB 1,400,000 85.7% 200.181 EXCEL PAVING COMPANY : OPEN JOBS 2003 ESTIMATED % BACKLOG JOB FINAL WORK WORK REMAINING NO. PROJECT/OWNER/AGENCY INCOME COMPL. 4006 LB AIRPORT P L.B. 178,897 100.0% 0 4007 LB AIRPORT PW107104 32,010 100.0% 0 4009 HAVEN ST,RNCHO CUCAMONGA 371,360 99.3% 2,780 4010 MAPLE AVE MONTEBELLO 118,886 100.0% 0 4011 BURBIGLEN/PASA AIRPORT 271,638 98.6% 3,223 4012 CAMELLA ES N. HGLL)'WOOD 154,652 60.6% 60,578 4013 FILBERT AVE SYLMAR 36,253 100.0% 0 4014 CANTEBURY AVE ES 471,227 99.7% 1,501 4015 MCCOY CLEAR VW DR 6,500 100.0% 0 4016 STEVENSONIJOHNSON 400,000 91.2% 35,194 4017 POLA BERTH 21 D-211 1,093,039 2.5% 1,066,079 4018 MT SAC 1,368.000 96.3% 50.968 4021 1NGLEWOOD AVE 180.463 100.0% 0 4023 GARDENDALE DOWNEY 146,398 100.0% 0 4024 UCLA KINROSS 1,900,000 35.4% 1,227,856 4025 SANTA MONICA ES 8,880 100.0% 0 4026 GAGE&COMPTON 321,776 89.4% 34,258 4027 BEVERLY HILLS 3RD/CIVIC 27,170 10D.0% 0 4028 CAL1F/BURNETT SIGNAL HILL B0,60D 80.2% 15,950 4029 MANCHESTER BLVD. BUENA PARK 107,900 100.0% 0 4030 CAMINO LAS RAMBLAS 227,391 0.8% 225,607 4031 BARTONIBURCHIPRISK 436,139 89.4% 46,364 4032 DORLANDINORWALK 83,009 95.1% 4,109 4033 LB AIRPORT VARIOUS 65,851 100.0% 0 4035 MAINT ST& MACARTHUR 522,995 0.7% 519,177 4038 RE GRP 190TH GARDENA . 19,199 100.0% 0 4039 NO VLY OCC CENTER 419,323 76.1% 100.190 4040 HATH DIN ANTON BLVD 90,000 100.0% 0 4041 HARVARD AVE. IRVINE 1,076,979 12.3% 944,394 4042 TUDOR WESTWOOD PLAZA 752,500 0.5% 748,617 4043 LAS BRISAS 37,540 87.1% 4,836 4D44 BELL/33RD ST MAN. BCH 58,660 0.7% 58,269 4045 5 FRWY, OR.CO 148.290 1 A%n 146,241 4047 DAPPL.EGRAY/R.H.E. 394,473 85.9% 55,483 4048 4100 RPV SO RPV 350,000 36.6% 221,679 4049 TOWN CENTE COSTA MESA 36,000 100.0% 0 4050 CRENSHAW B LACPW 1,174,657 0.5% 1,168,453 4051 BLDG M-4 NORTHROP GRUMAN 290,000 79.0% 60,872 4D52 BAKE PKWY IRVINE 26,900 75.5% 6,588 4053 340 LOMA L.B. 4,200 12.8% 3,664 4055 L.B. AIRPORT L.B. 15,317 100.0% . 0 4057 PALO VERDE UCI 574,000 0.5% 570,863 4059 MARK TWAIN LA 600,000 0.7% 595,620 4060 1100 N. GRAN WALNUT 1,170,197 0.6% 1,163,170 4061 PANKOW BLD M.B. 627,000 0.0% 627,000 4063 190 MARINA D LB TRANSIT 94,900 0.5% 94,400 4064 WALGROVE E.L.A. 719,719 0.7% 714,896 4065 LA CITY COLL LA 322,000 68.3% 102,134 EXCEL PAVING CO. CLOSED ,LOBS 2003 Year of 2003 FINAL JOB INCOME NO. PROJECT NAME AMOUNT 3498 9425 PENFIELD AVE, CHATSWORTH 524,427 3607 BRISTOL ST., SANTA ANA 801,538 3662 777 PAULING DR., THOUSAND OAKS 246,729 3666 555 W. TEMPLE ST., LOS ANGELES 833,768 3669 23388 MULHOLLAND, WEST HOLLYWOOD 2,166,833 3672 SHADY CYNISAND CYN, IRVINE 11,156.694 3693 11847 W. GORHAM AVE. LOS ANGELES 181,777 3720 2699 PALOMA ST., PASADENA 109,929 3732 GARVEY& CORP CTR, MONTEREY PARK 2,292,779 3745 WARNER AVE., SANTA ANA 2,645,776 3752 PIER 400 ICTF, LA 6,718,112 3764 BERTH 230-232 POLA 2,259,075 3768 ERRINGER AVE SIMI VALLEY 520,781 3788 PALO VERDE AVE LONG BEACH 488,074 3796 VARIOUS LOCATIONS SIMI VALLEY 2,021,101 3797 GOMPERS ELEM SCH LONG BEACH 526,406 3812 2627 HOLLYWOOD WY, BURBANK 3,659,178 3814 PIER 400 LEAD TRK, POLA 3,013,820 3817 PORTSHEAD RD., MALIBU 154,668 3818 BERTH 115 SAN PEDRO 1,603,575 3821 MACARTHUR BLVD. IRVINE 364,009 3829 COMPTON AVE LA COUNTY 1,335,672 3840 CALIFORNIA REHAB GLENDALE 289,022 3846 42ND &ANGELES MESA E.S. LOS ANGELES 626,703 3847 STRT REHAB GLENDALE 1,967,209 3848 SANTA MONICA MUNICIPAL POOL SANTA MONICA 4,900 3852 BANDERA RD. LA 232,256 3857 9521 DALEN ST, DOWNEY 41,478 3858 VON KARMAN & MAIN, IRVINE 122.403 3859 OLD TOWN WEST, LOS ALAMITOS 848,052 3863 E. PKG LOT AVIATION, REDONDO BCH 434,879 3869 SEPULVEDAIPCH r MALIBU 41,910 3670 CRENSHAW BLVD., LA 1,301,618 3871 CARSON:& HELMS CULVER CITY 910,143 3872 TAFT ES, LOS ANGELES 371,367 3874 SYLMAR HS, LOS ANGELES 452,900 3877 LONG BEACH AIRPORT LONG BEACH 28,500 3883 15 AVE SCHOOL LOS ANGELES 245,632 3884 DANA MIDDLE SCHOOL LOS ANGELES 631,459 3885 PIER W PORT OF LONG BEA 385,401 3886 PKG LOTS D & E LONG BEACH 341,042 3889 74TH ST ES LOS ANGELES 270,412 . 3892 CLEVELAND HS 98,100 CLOSED JOBS 2003 Year of 2003 FINAL JOB INCOME NO. PROJECT NAME AMOUNT 3896 FISHBURN AVE ES LOS ANGELES 304,115 3897 2100 AMGEN CTR DR, THOUSAND OAKS 113,884 3899 LOCAL ST REHAB LAWNDALE 346,14E 3901 VIEWLINE DR SIMI VALLEY 319,900 3903 LEXINGTON & BURTON BEVERLY HILLS 139,610 3905 RTE 5/60 AT SOTO, LOS ANGELES 7,233 3911 SUPER BLOCK PKG SANTA ANA 208,478 3917 UCLA CAMPUS LOS ANGELES 135.323 3918 MULHOLLAND HWY LA 16,629 3921 BOLSA CHICA & RANCHO HUNTINGTON BCH 25,078 3930 EL CAMINO REAL, LOS ANGELES 373,649 3935 GAULT ST. E.S., LOS ANGELES 594,379 3936 EL MORRO ES, LAGUNA BCH 29,900 3938 DORSEY H.S., LOS ANGELES 159,454 3942 LONG BEACH AIRPORT LONG BEACH 16,022 3944 DANA POINT HARBOR DANA POINT 383,919 3946 2021 E. ROSECRANS, EL SEGUNDO 2,500 3955 WASH & INDIANA, VERNON 150,698 3956 8111 VENTURA, PANORAMA CITY 13,497 3957 SOUTH BEACH IMPVTS, SANTA MONICA 19,250 3958 PIER T GDR XING, PORT OF LONG BEA 77,912 3960 UCLA CAMPUS, LOS ANGELES 47,499 3965 2670 HOLLYWOOD WAY, BURBANK 59,560 3966 13652 CANTARA, PANORAMA CITY 0 3968 OCEAN PK, SANTA MONICA 198,605 3970 CABRILLO AVE ES, SAN PEDRO 375,255 3972 633 W. 5TH ST, LOS ANGELES 10,760 3974 DISCOVERY WELL PK, SIGNAL HILL 57,625 3975 2401 E. PCH, WILMINGTON 7,147 3980 7100 SANTA MONICA LOS ANGELES 4,361 3994 3333 SKY PK DR TORRANCE 5,029 4008 MOOG WESTERN AVE 128,302 4019 GRAND ST, LQ 1,996 4020 PIPE CON PCH 3,800 4022 BOEING PLANT 42 PLMDL 305,399 4034 OSO PARKWAY 53,354 4036 WHITTIER SCHOOLS 41,231 4037 33RD/ORANGE SH 15,469 4046 LINCOLNIJEFFERSON L.A. 16,011 4054 WORLD WAY WEST L.A. 8,676 4056 2300 PCH L.B 3,400 4058 SANTA MONICA/HILLCREST B.H. 1,550 RECEIVED BY: CITY CLERK RECEIPT COP ;- Return DUPLICATE to '✓r i n _Z/� City Clerks Office (Name after signing/dating (Date) j:%AM, tff CITY OF HUNTINGTON BEACH law INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer r FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. � z _� p Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. -600,sC� #27 g:/followup/bondletter.doc V V City of Huntington Beach [OLD INTER-DEPARTMENT COMMMU141CATION HUN'nNGION BEACH TO: THOSE LISTED HEREON FROM: Pc Chadonne, Construction Manager DATE: January 10, 2005 SUBJECT: Retention Release Payment Company Name: Popular Paver Rental, Inc. Address: 840 Obispo Ave City, State and Zip Code: long Beach,CA 90804 Phone Number: (562)433-3204 Business License Number.A249870 Local Address: NIA Notice of Completion Date:December 27,2004 Contract Purpose: Retention Release for Cash Contracts 1105. Beach Widening at Edinger Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the t a this time. to 0q Date Fraul EmerActing Public Works Director I certify that there are no outstanding invoices on file. /r I Z -os Date Sari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 3 5 (�: Dale Joa ynn, City Clerk 1105 retention release memo.doc 1/10/200511-.39 AM City of Huntington BeacFi Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vil of the Civil Rights Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: CC 114 5 )51e-a dit I)I vCA VJt ctv� r rod 2 ,ri�� Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. x-:es (Signs snd Trtl APPROVED AS TO FORM 1E IFER MARATH,City A ..Y s"s,� y uty City Attomw 1 Z/ g:foIIowuplcash conft=hcon 1.doc procedure#14 DECLARATION OF SATISFACTION OF CLAIMS 1, MIdmel S hO L'-P of P0I2k(ar Paver pen , state: (Name ofContractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: gea6n C )v d' W I d.en I►N_ 1'tKP ro ve rn en S , and dated k a I aol o 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state"NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Lo 60C], CA on this.�day of , 20-6y (Location) (Signature of Con or) A PPRO VED AS TO FORM Ta;rah TFER Mo0RATH,CityAttor W g:followup\cashcont\cashcon2.doc sprocedure#15 City Attmay RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) , q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari F idenrich, City Treasurer FROM: �- DATE: _ �� - D SUBJECT: Bond Acceptance I have received the bonds for 4,0 (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. s(-�—z Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. . Z2009 #27 g1followup/bondletter doe znmEafi., Go L Phone 717-7S7-Od00 Fax717-751-0165 3350 Whiteford Rd.,p 0.Box 3709,York PA 17402-0136 MAINTENANCE OR WARRANTY BOND Bond No 6611 25140P Premium:435.00 OVERRUN BILLING KNOW ALL MEN BY THESE PRESENTS: That,POPULAR PAVER RENTAL,as Principal,and LINCOLN GENERAL INSURANCE COMPANY,a corporation organized under the laws of the State of Pennsylvania and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH in the sum of TWO HUNDRED FOURTY NINE THOUSAND, ONE HUNDRED FIFTY NINE AND A51100, 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: WHEREAS, on MAY 4, 2004, the said Principal, entered into an agreement to install certain improvements described more fully as:PROJECT NO.: 1105-BEACH BLVD.WIDENING IMPROVEAIENTS AT THE SOUTH EAST CORNER AT EDINGER AVE.;and, WHEREAS,under the terms of the specifications for said work,the said Principal is required to give a bond to protect the Obligee against the result of faulty materials or workmanship for a period of ONE YEAR from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Principal shall for a period of ONE YEAR from and after the date of the completion and acceptance of same by said Obligee replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SEALED with our seals and dated this 22 day DECEMBER,2004. POPULAR PAVER RENTAL BY: BY: Lincoln Gener nsur cc Com �Y. PHL YUNG T.ivi I tt cy n-Fact APPROVED TO FORAM: 4MFI R 1 cCiRATJ it 0Ci Attorney U V I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF ORANGE ) I On '�}'� before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T.MULLICK personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. i WITNESS my hand and official seal. JENNIFER K.SMITH COMM.#1479028 Notary Public Cal%omla ORANGE COl1NTY by C=m Low M,-6 26,20 4 � • (SEAL) N AR PU13L C SIGNATURE 1 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT I i LINCOLN GENERAL INSURANCE COMPANY POWER OF AWORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln Genera]Intutance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and turvoint: Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney its true and lawful attorney(s�in-fact to sign,seal and execute for and on its behalf,as surety,bonds,undertakings, and other obligatory instruments of similar nature in an amount not to exceed Tbree Aiilllon Dollars(S3,000,000)and to bind it thereby as filly and to the same extent as if such instruments were signed by a duty authorized officer of the corporation,and all the acts of said Anomey,pursuant to the authority hereby given arc hereby ratified and confirmed. RESOLVER that this Power of Attorney is granted and is signers,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vine President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the persons} named as Artomey(s)-in-Farr to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and flic seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of these signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein maybe affixed by stamping,printing,typing,or photocopying. IN WITNESS lt4'H1REOF,Lincoln General Insurance Company has caused its corpora to be a iced, these presents to be signed by its duly authorized officers this 4tb day`t rpti3nil?$�t 2002. IN S1 ., Attest: �4�, �itAT�S" .0 Gary J. do _,Se ,terry _ C9r CG —77 t(n hojwani,Prrsid .t 7be Commonwealth orPennsylvania 1" 9 f ` .0 York County S o*-e tn F�yNsnv*txNa •y On this 4th day of September,2002,beforE'�j onall �••�••• G Bhojwani,to me known,who being duly sworn,did depose and say:that be is the President of the Corp t T1 in and which executed the above instrument:that he knows the seal affixcd to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notana!Seat The Commonwealth of Pennsylvania Cavrerina Marie Loose,Notary York County SP�9ettsbury Twp.,York C A�kt�'ak=.= My Commission Expnas June I Notary Publi 1,Gary Orndorff,Secretary of Lincoln General insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in fail force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF I have I r unto set my hand g��� ixed the seal of said Company,at York,Pennsylvania, this 21Z1 day of [U t�t�rSrrffr�i �� LOitRT �• J. d ,Secretary ri =z 1977 o %IJ'AF�ySYLVAa\��.aaIZ` ''•,,'yij•• .... • _ Company Profile Page i of z Company Profile LINCOLN GENERAL INSURANCE COMPANY 3350 WHITEFORD ROAD YORK, PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 33855 NAIC Group#: 1126 California Company ID 4679-7 Date authorized in California: May ri, zooi License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http-.//cdinswww.insurance.ca.gov/pls/wu-co-prof/idb-co.-Prof utl.get_co prof?p_EID=... j/5/2oo5 ! ~ 'Company Profile i ' Page z of i TEAM AND VEHICLE Company Complaint Information 14 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a CompanyRepresentative in My Area Financial Rating Organizations Last Revised-November 04,2004 tm8 AM Copyright 0 California Department of Insurance isclaimer r http://cdinswww.insurance.ca.gov/pls/wu_co�_prof/idb�_co�_prof utl.get_co_proPp EID=... r/g/zoos CONSENT OF SURE i Y OWNER _ TO FINAL PAYMENT ARCHITECT ` AIA DOCUMENT G707 CONTRACTOR _ SURETY _ (Instructions on reverse side) OTHER TO(OWNER) (Name and address) ARCHITECT'S PROJECT NO: CONTRACT FOR:$ 249,159.45 BOND NUMBER: 661125140P CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONTRACT DATE:5/4 04 PROJECT:Beach Blvd. Widening Improvements ao- La.0 ooutheast Corner at Edinger Aver ae — 110` FINAL OVERRUN BILLING DUE ON CITY OF HUNTINGTON BEACH PROJECT. ORIGINAL CONTRACT PRICE $220,116.41. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety) LINCOLN GENERAL INSURANCE COMPANY 501 WEST BROADWAY SUITE 1400 SAN DIEGO,CA 92101-8509 ,SURETY, on bond of (here insert name and address of Contractor) POPULAR PAVER RENTAL 840 OBISPO AVENUE LONG BEACH,CA 90804 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET ,OWNER, HUNTINGTON BEACH,CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF,the Surety Company has hereunto set its hand this 22nd day of December,2004. (Insert in writing the month following by the numeric date and year) LINCOLN G L IN;;�NCI COMPANY Surety 15ny pa Attest: Seal ure of Authorized Representative YUNG T. MULLICK.Title: Attorney in-fact AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® Onc Page- © THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 04- before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENMCOMM. 1 SMITH Notary Public Californla N ORANGE COUNTY My Comm.Expires March 26,2W8 `W v (SEAL) NOTJk5k PUBLIC AdNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and anoint: Yung T. Mullick, .lames W. Moilanen, Jennifer C. Giboney its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollarz($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 40,day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Anomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be txed these presents to be signed by its duly authorized officers this 4th day ptnm%2002.� `\`\\�����^Awr lNS(. Attest: Gary 1 do OK Se try v0 _ hojwani,Presid t The Commonwealth of Pennsylvania =j 977 0 York County %0•. AF, ,\V- •a sw On this 4th day of September, 2002,before 4 onallj cam elY� j C. Bhojwani,to me lano:vn,who being duly sworn,did depose and say:that he is the President of the Corpir$$t+il"��d in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. al Seat The Commonwealth of Pennsylvania ECatharnin:eMa:rnieLoose,NotaryYork County wp.,York C prres June t Notary Publt I, Gary Omdorff, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 99 day of D eeemb er- 2004%" tti�tSp r ''''''''' 1977 NN 0• AF �Q PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Oran e Tom Daly, Clerk-Recorder g County I Illill IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIIIIIIIIIIINO FEE AND WHEN RECORDED MAIL T0: 2004001142545 08:29am 12/27/04 213 110 N12 1 WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn:Robert A.Martinez 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 I� 92648,that the contract heretofore awarded to Popular Paver Rental who was the company thereon for doing the following work to-wit: BEACH WIDENING IMPROVEMENTS; CC-1105 That said work was completed December 15, 2004 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 15,2004,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Fidelity and Deposit Company of Maryland 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 December 16,20 Dir_ctor of Ptrblic Work or City Engineer City of Huntington Beach,California STATE OF CALIFORNIA) County of.Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF C MPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange afAunty. Dated at Huntington Beach,California,this December 16,2000� 71 Director of Public Works or City Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) as neaTPn 0 PAr.9 MIMI 10 Council/Agency Meeting Held: h1b d Deferred/Continued to: Approved ❑Conditionally Approved ❑Denied City Oerk s Si at-ur Council Meeting Date: October 18, 2004 Department I tuber: PW 04-082 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION :- �— t C . _J - M ,r- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -C ;}�� -� �pn 3 SUBMITTED BY: PENELOPE` ULBR T"-Ge--P6'�Y MINISTRATOR ` ' PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WOR S SUBJECT: Authorize Additional Expenditures for Beach Blvd Improvements at Edinger Avenue (CC-1105) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue:The contractor for the Beach Blvd- Widening Improvements at Edinger Avenue (CC-1105) has incurred a significant amount of unforseen construction expense at the initial stage of the project, leaving little remaining from the standard contingency amount of 10%. Additional contingency funds are necessary to ensure that there will be no work stoppage if additional unforeseen contingencies arise prior to project completion. Funding Source: Adequate funds are budgeted in the Orange County Transportation Authority (OCTA) Grant Fund, Beach/Edinger Improvements, Street Improvements Account No. 87390003.82300. This amount includes a grant of$452,519, and $47,500 matching funds from the Traffic Impact Fund. Recommended Action: Motion to increase the contract contingency amount in CC - 1105 by$20,000. Alternative Action(s): Reject recommended action and direct staff to modify or reduce the scope of the project. This action would cause delays and result in a less than optimum widening project. Y RE6EST FOR CITY COUNCIL ACTION MEETING DATE: October 18, 2004 DEPARTMENT ID NUMBER:PW 04-082 Analysis: On May 17, 2004, Council awarded a construction contract in the amount of $220,116 for the Beach Blvd. Widening Improvements at Edinger Avenue (CC-1105) to Popular Paver Rental. Several unforseen demolition tasks, design width clarification and a design change to the under drain across Edinger Avenue, caused the contractor to incur additional expenses nearing the authorized change order budget of $20,116, which is 10% of the bid amount. Current authorized change orders are approximately$18,000. The recommended $20,000 increase in change order amount would be available for unanticipated costs and additional work that may occur during the street widening and signal system relocation on Beach Blvd. There are currently no pending change orders for the additional funds. The project should be complete by early November. Public Works Commission Action: The request to authorized additional expenditures will be presented to the Public Works Commission on October 6, 2004. The Director of Public Works will provide late communication at the October 18, 2004 City Council meeting to convey the Commission's action. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): City Clerk's Page Number No. Description 1. Location Map RCA Author: Linda Daily:jg G:1R C A12004104-082 October 18 Charionne(Authorize Expenditures CC i I05).doc -2- 913012004 8:54 AM v v ATTACHMENT # 1 /r78orLSA S AVE, /FCO 'P vl N NTS a Mc FADDEN JAVE. N PROPOSED PROJECT ��' EDINGER 8 vF"i AVE. z z o Li o o z HEILm a N z a AVE. m � � w o o a WARNER 0 AVE. m SLATER AVE. 405 TALBERT AVE. PACIFIC .o ELLIS JAVE. GARFIELDJ�/ AVE. o ��g YORKTOWN AVE. c o 3 z zi ADAMS g z AVE. 0 cr CF INDIANAPOLIS AVE. o x 0 . ATLANTA AVE. m m D m HAMILTON AVE. OCEAN yh'Y BANNING AVE. BEACH BLVD AT EDINGER• CC---- 1105 LOCATION MAP off CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS U V RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Additional Expenditure of Funds for Beach Blvd. Widening at Edinger Ave. Project, CC-1105 COUNCIL MEETING DATE: RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in ful/bZ the qLtZ Attome ) Not Applicable Subleases, Third Party Agreements, etc. (Aparoved as to form by City Attome Not Applicable Certificates of Insurance (Approved bK the Pity Attome ) Not Applicable Financial Im act Statement (Unbud et, over S5,000) Not Applicable Bonds If applicable) Not Applicable Staff Re ort If a licable Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial CitZ Clerk ( ) EXPLANATION F R RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: e� RECEIVED BY: CITY CLERK RECEIPT COPY J Return DUPLICATE to J J�� /" City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' Freidenrich, City Treasur r FROM: P = DATE: 421 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) // Faithful Performance Bond No. n(2 Z a 5,Z Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ,PAYiy761J7- 6/a/ , S� Re: Tract No. CC No. MSC No. Approved Agenda Item No. zz (Council Approval Date) City Clerk Vault No. �7 #27 g:/followup/bondletter doc PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) Ss, County of Orange ) 1 am a Citizen of the United States and a NO — m545,bid daike _ m hrcc-lion Each bid shall shall be made resident of the County aforesaid; i am Notice is hereby given provided in thee consal tract over.the age of eighteen years and not a that sealed bids t be documents,and shall be receivedby the City of accompanied by a cot- Huntington, Beach at the tilted or cashier's check party to or interested in the below o 00 Main of the City Clerk r a bid bond for net ■t City Hall. 20aln less than 10% of the entitled matter, l am a principal clerk of Street, Huntington amount oftthebid,made Beach. CA.92548. unfit payable to the City of the hour of 2:00 PM on Huntington Beach. The the HUNTINGTON BEACH INDEPENDENT, a April 26,.2004, at Contractor shall, in the newspa er of general circulation printed which time bids will performance of the work Opened publicly and read and improvements, aloud in the Council conform to the Labor and pu Iished in the City of Huntington Chambers forlhetEACH Code of the State of BLVD WIDENING INN- California and other Beach, County of Orange, State of OUTH E�T CORNER AT T141 Law' rn the state of • BY ED1af0ER AVEXUE, California applicable California and that attached Notice is a CC-1105 in the City of thereto. with the eeplion only of such tions true and complete copy as was printed Huntington of plans, required that may be A set of plans, sDeci• required under the fications. and Contract and published in the Huntington Beach documents may be Statutesursu- obtained starting April hereunder are taken and and Fountain Valley issues of said 2004 at City Hall, which have not been Department of Public superseded by the newspaper to wit the issue(s) of: Works upon receipt of a provisions of the Labor non-refundable fee Of Code. Preference to 45.00,' sales tax In, labor shall be given only cl� if, niched uo in the manner provided April 8, 2004 bylaw. No bid shall be can. April 15, 2004 f sidcre unless it is made °n'a form furnished by the City of Huntington April 22, 2004 Beach, Department of Public Works, and Is made in accordance with the in of the proposal requirements. Each bidder must be _ licensed -and also I declare, under penalty of perjury, that prequafified as required the foregoing is true and correct. - The City Council of the bylaw. City of Huntington Beach reserves the-right to reject any or all bids. I By order of the City of theExecuted on April 22 2004 Hunt ntgton Beach,tlCa f at Costa Mesa, California. forma the 20th of Dctober 2003. I Connie Brockway City Clerk of the City of Huntington Beach , . 2a10 Main Street. (714) 536-5431 1'i Published -Huntington !leach Independent April 8,15,22,2004' 042-39'3 Signature V CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 9, 2004 Popular Paver Rental 840 Obispo Avenue Long Beach, CA 90804 ATTN: Mr. Michael Sharp Re: Beach Blvd. Widening Improvements—CC-1105 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the 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 band does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. Flynn. City Clerk JF:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g,.folfowuptcashconf=shcon4etter.doc (Telephone:714-536.5227) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 I Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JE IFER McGRATA,CttyAttmw Sarah sutt,, / Put; City Attm w 12/ I g:followup\cashcont\cashconl.doc procedure#14 V DECLARATION OF SATISFACTION OF CLAIMS I, , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20 . (Location) (Signature of Contractor) A PPRO VED A�Q TO FORM -gE,V1FER WGRATH,CityAtto W arab Sutton 121 g:follovwp\cashcont\cashcon2.doc u Ci procedure#15 � `y RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signingidating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha ' Freidenrich, City Treasur FROM: DATE: — SUBJECT: Bond Acceptance I have received the bonds for (Company Name), Faithful Performance Bond No. � Jr-� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. A-y4?&-x)7- Re: Tract No. CC No. MSC No. Approved D Agenda Item No. 4�—Zz (Council Approval Date) .6 City Clerk Vault No. /'-'0 -�9b 0,9 #27 gJfollowuplbondlettwAm THE ,,,AERICAN INSTITUTE OF AR..JAITECTS to Premium Amount Based on Final Contract Amount Bond No. 66112514 .. Premium: 4,402.00 AIA Document A312 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable CONTRACTOR(Name and Address): POPULAR PAVER RENTAL 840 OBISPO AVENUE LONG BEACH,CA 90804 SURETY(Name and Principal Place of Business): LINCOLN GENERAL INSURANCE COMPANY 501 WEST BROADWAY SAN DIEGO,CA 92101-8509 OWNER(Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONSTRUCTION CONTRACT APPROVED AS TO FORM: .- Date: I l K�ZL L /�y -- Amount: $ 220,116.41 Description (Name and Location): JSINIFER M.GRATH,CityAttomey BEACH BLVD.WIDENING PROJECT NO.: CC1105 BOND Date(Not earlier than Construction Contract Date): May 19th, 2004 Amount: $ 220,116.41 Modifications to this Bond: [XI None L]Se ge 3 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (Corpor a Seal) POPULAR PAVER RENT LINCOLN GEN NSU COMMPANY Signature: Signature: Name and Title: Name and Title: if YUNG T. MU I CK,Attorney-in-Fact (Any additionei signatures appear on page 3) FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE(Architect, AGENT OF.BROKER: or Engineer or other party): THE SONP EXCHANGE AND INSURANCE AGENCY 23232►3ERALTA DRIVE SUITE 222 e.AGUNA HILLS,CA 92653 , AIA DocuMeN r A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006 THIRD PRINTING-MARCH 1987 reasonable r-imptness under the circumstances: 1. The Contractor and the Surety,joirlk,�nd severally, .1 After inves6n,determine the amount for which it may - bind themselves,their heirs,executors,administrators, be liable to the Owner and,as soon as practicable after successors,and assigns to the Owner for the performance the amount is determined,tender payment thereforto the of the Construction Contract,which is incorporated herein Owner,or by reference. .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 2. If the Contractor performs the Construction Contract, 5. If the Surety does not proceed as provided In Paragraph the Surety and the Contractor shall have no obligation} 4 with reasonable promptness,the Surety shall be deemed under this Bond,except to participate in conferences as to be in default on this Bond fifteen days after receipt of an provided in Subparagraph 3.1. additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under 3. If there is no Owner Default,the Surety's obligation this Bond,and the Owner shall be entitled to enforce any under this Bond shall arise after remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4.and the Owner refuses the 3.1 The Owner has notified the Contractor and the payment tendered or the Surety has denied liability,in Surety at its address described in Paragraph 10 below whole or in part,without further notice the Owner shall be that the Owner is considering declaring a Contractor entitled to enforce any remedy available to the Owner. Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such 6. After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to Complete the Construction Contract,and if the Surety Von Contract. If the Owner,the Contractor and the elects to act under Subparagraph 4.1,4.2.or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Surety to the Owner shall able time to perform the Construction Contract,but not be greater than those of the Contractor under the such an agreement shall not waive the Owner's right,if Construction Contract,and the responsibilities of the any,subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the — 3.2 The Owner has declared a Contractor Default and amount of this Bond,but subject to commitment by the formally terminated the Contractors right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be de- costs and damages on the Construction Contract,the Sure- clared earlier than twenty days after the Contractor and ty is obligated without duplication for: the Surety have received notice as provided In Sub- paragraph 3.1.and 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- 3.3 The Owner has agreed to pay the Balance of the lion Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal,design professional and delay selected to perform the Construction Contract in actor- costs resulting from the Contractors Default,and re- dance with the terms of the contract with the Owner. suiting from the actions or failure to act of the Surety under Paragraph 4;and 4. When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages.or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor,with consent of the manse of the Contractor. Owner,to perform and complete the Construction Contract;or 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 4.2 Undertake to perform and complete the Construc- struction Contract,and the Balance of the Contract Price Von Contract itself,through its agents or through inde- shall not be reduced or set off on account of any such pendent contractors;or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from its heirs.executors,administrators,or successors: qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change,includ- struction Contract,arrange for a contract to be pre- Ing changes of time,to the Construction Contract or to pared for execution by the Owner and the contractor related subcontracts,purchase orders and other obliga- selected with the Ownees concurrence,to be secured tions. with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the 9. Any proceeding,legal or equitable,under this Bond Construction Contract,and pay to the Owner the may be instituted in any court of competent jurisdiction in amount of damages as described in Paragraph 6 In ex- the location in which the work or part of the work is located cess of the Balance of the Contract Price incurred by the and shall be instituted within two years after Contractor Owner resulting from the Contractor's default;or Default or within two years after the Contractor ceased working or within two years aftter the Surety refuses or fails 4.4 Waive its rights to perform and complete,arrange to perform its obligations under this Bond,whichever oc- for completion,or obtain a new contractor and with reasonable curs first. If the provisions of this Paragraph are void or promptness under the circumstances: prohibited by law,the minimum period of limitation available AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 19M ED-AIA E A 312-1984 2 THE AMERICAN INSTITUTE OF ARCH"ECTS.1735 NEW YORK AVE-N.W..WASHINGTON D-C.M06 THIRD PRINTING•MARCH 1967 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on t cover page.) CONTRACTOR AS PRINCIPAL SURETY , Compa OPULAR PAVER RENTAL .LINCOLN GENERAL INSURANCE COMPANY (Cor (Corporate Seal) Signature: Signature: Name and Title: and Title: Address: Addre AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA O A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING-MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 5/19/2004 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her'their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER K.SMITH WITNESS my hand and official seal. .� ,w COMM.#1479028 > Notary Public California c ORANGE COUNTY My Comm.Bares March 26,200H �-' • (SEAL) O ARY P IC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT THE AMERICAN INSTITUTE OF ARCHITECTS • so PREMIUM INCLUDED IN PERFORMANCE BOND Bond No.66112514 AIA Document A312 " Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): POPULAR PAVER RENTAL 840 OBISPO AVENUE LONG BEACH,CA 90804 SURETY(Name and Principal Place of Business): LINCOLN GENERAL INSURANCE COMPANY 501 WEST BROADWAY SAN DIEGO,CA 92101-8509 OWNER(Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 CONSTRUCTION CONTRACT Date: I IAP/P4�OVED TO/FORT- w Amount: $ 220,116.41 Description (Name and Location): IW BEACH BLVD.WIDENING PROJECT NO.: CC1105 jVIF4ER McORATH,City Attorney BOND Date (Not earlier than Construction Contract Date): May 19th,2004 Amount: $ 220,116.41 Modifications to this Bond: x None See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (C porate Sea POPULAR PAVER RENT LINCOLN GE E L INS NCE CO A G� Signature: Signature: Name and Title: y Ar Name and Title: YUNG T. MULLIC Attorney-in-Fac (Any additional signatures appear on page 6) FOR 1NFOR MATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect. AGENT OR BROKER: Engineer or other party): TH;;BOND EXCHANGE AND INSURANCE AGENCY 23232 PERALTA DRIVE SUITE 222 LAGUNA MILLS,CA 92653 AIA DOCUMENT AS72 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1. The Contractor and the Surety,jow and severally, 6. When the Clair has satisfied the conditions of bind themselves,their heirs,executors,administrators. Paragraph 4,the Surety shall promptly and at the successors,and assigns to the Owner to pay for labor. Suretys expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to mance of the Construction Contract,which is incorpo- the Owner,within 45 days after receipt of the claim rated herein by reference. stating the amounts that are undisputed and the basis 2. With respect to the Owner,this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor; 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly,or indirectly, amounts. for all sums due Claimants,and 7. The Surety's total obligation shall not exceed the 2.2 Defends,indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims,demands,liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim,demand,lien or suit Is 8. Amounts owed by the Owner to the Contractor under for the payment for labor,materials,or equipment fur- the Construction Contract shaft be used for the perfor- nished for use in the performance of the Construction mance of the Construction Contract and to satisfy claims, Contract,provided the Owner has promptly notified if any,under any Construction Performance Bond. By the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this described in Paragraph 12)of any claims,demands, Bond,they agree that all funds earned by the Contractor liens,or suits and tendered defense of such claims, in the performance of the Construction Contract are demands,liens or suits to the Contractor and the Surety,and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and 3. With respect to Claimants,this obligation shall be the Surety under this Bond,subject to the Owner's prior- ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable to the Owner,Claimants ment.directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be 4. The Surety shall have no obligation to Claimants liable for payment of any costs or expenses of any Claim- under this Bond until: ant under this Bond,and shall have under this Bond no obli- 4.1 Claimants who are employed by or have a direct gations to make payments to,give notices on behalf of,or contract with the Contractor have given notice to the otherwise have obligations to Claimants under this Bond. Surety(at the addres described in Paragraph 12)and 10. The Surety hereby waives notice of any change, sent a copy,or notice thereof, to the Owner,stating including changes of time,to the Construction Contract that a claim is being made under this Bond and,with or to related subcontracts,purchase orders and other.• substantial accuracy,the amount of the claim. obligations. 4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced by a Claimant with the Contractor: under this Bond other than in a court of competent juris- .1 Have furnished written notice to the Con- diction in the location in which the work or part of the -- tractor and sent a copy,or notice thereof,to work is located or after the expiration of one year from the r the Owner,within 90 days after having last date(1)on which the Claimant gave the notice required by performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last equipment included in the claim stating,with labor or service was performed by anyone or the last mate- substantial accuracy,the amount of the claim rials or equipment were furnished by anyone under the Con- and the name of the party to whom the struction Contract,whichever of(1)or(2)first occurs. If the materials were furnished or supplied or for provisions of this Paragraph are void or prohibited by law, whom the labor was done or performed;and the minimum period of limitation available to sureties as a .2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall be applicable. In part from the Contractor,or not received 12. Notice to the Surety,the Owner or the Contractor within 30 days of furnishing the above no- shall be mailed or delivered to the address shown on the Lice any communication from the Contractor signature page.,Actual receipt of notice by Surety,the by which the Contractor has indicated the Owner or the Contractor,however accomplished,shall claim will be paid directly or indirectly;and be sufficient compliance as of the date received at the .3 Not having been paid within the above 30 address shown on the signature page. days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with a (at the address described in Paragraph 12)and statutory or other legal requirement in the location where sent a copy,or notice thereof,to the Owner, the construction was to be performed,any provision in this stating that a claim is being made under this Bond conflicting with said statutory or legal requirement Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con- written notice furnished to the Contractor, forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this _ 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety.that is sufficient compliance. ALA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED-WAS A312-1984 5 N THE AIVERICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVE-N.W.,WASHINGTON.O.C. 20006 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- 10. Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11. When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and -.. Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on e.) C CTOR AS PRINCIPAL SURETY Company: AVER RENTAL y:LINCOLN GENERAL INSURANCE COMPANY (Cor o (Corporate Seal) Signature: ature: Name and Title: Nam Address: Address: W AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1904:D AIA 0 A312-198r 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 THIRD PRINTING•MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On MAY 19, 2004 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER K.SMITH COMM.#1479028 > WITNESS my hand and official seal. r Notary Public California ORANGE COUNTY 9M Comm.Exp m Minch 26,2008 • (SEAL) NO Y PUBLIJ SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT • LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY };NOW ALL MEN BY THESE PRESENTS:That Lincoln,General lnsuremce Company,organized and existing by vir-are of the Laws of the Commonwealth of Pennsylvznia,does hereby nominate,conLmane and avooint: Yung T. Mullick, James 1JV. Moilanen, Jennifer C. Giboney its true and lawful attorneys)-in-fact to sign, seal and execute for and a-, its behalf,as surety,bonds,undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars(S3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly a:::.rtorized officer of the corporation,and all thie acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln.General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authori:ed to execute Pewers of Attorney appointing the person(s) named as Anomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related docu.-*tents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer cerrifYing the validity and current status of the appointment,may be facsimile represxtations of those signatures;and the signatu-e and seal of any notary,and the seal of the Company,may be facs=ile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile represenmions shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be a-Mxed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has causes its corpo a to be affixed these presents to be signed by its duly authorized officers this 4th day`Q;t5twta )r4.2002. Attest: �`•����pRAtFs'T9• n% --- Gary Se tary =C9• c� — �{. :� hojwani,Priesid t The Commonwealth of Pennsylvania i j.• a 977 York County %�'' Z i" Sc a�P tJ'. t'SYLVP ,aa: On this 4th day of September,2002,before m or* cam p C.Bhojwani,to me known,who being duly sworn, did depose and say:that he is the President of the Co in and which executed the above instrument:than he knows the seal affixed to the aforesaid instrument is such corporate seal and w-.-c affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the sal:instrument by like order and authority and the same was his free act and deed. No:aral Seal r j The Commonwealth of Pennsylvania Cathanne Mane Loose,Notary >+p York County Springstisbur y Twp.,York C - MY Commission.-expires June t NotaryPublt 1,Gary Orndorfl, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still hi full force and erect and has not been revoked, and fu;hrTmore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHERM,I have hereunto set my hand and a xed the seal of said Company,at York,Pennsylvania, this 19 day ofII ` 4 sp;;:p,p,p, -7 ?g77 J'•.yks'f.`'�� a THE AMEWCAN INSTITUTE OF AR6w)ITECTS A!A Document A31 a Bid Bond BOND#NIA KNOW ALL MEN BY THESE PRESENTS, that we POPULAR PAVER RENTAL $40 OBISPO AVENUE LONG BEACH,CA 90804 (Here Insert full name,end address or legal title of Contractor) as Principal, hereinafter tailed the Principal,and LINCOLN GENERAL INSURANCE COMPANY 501 WEST BROADWAY SURE 1400 SAN DIEGO,CA 92101-8509 (Here Insert full name.and address or legal title of Surety) a corporation duly organized under the laws of the State of PENNSYLVANIA • as Surety, hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 (Here Insert full name,and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in the sum of TEN AND 001100 PERCENT 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 BEACH BLVD.WIDENING -INVITATION NO.: CC1105 (Here insert(UR name,address and description of project) NOW.THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terns of such bid and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecut)on 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 Worts covered by said bid then this cb,igation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 22nd day of April 2004 POPULAR PAVER RENTAL L P c+papre (Witness) (Tit) LtNCOLN GENERAL IN RL ANC COMPANY (Surety) (Sea:) (Witness) Rile) Y NG T.M ICK,Attarney-In-Fact A:A DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS.1735 N.Y.AVE..N.W.WASHINGTON.D.C. 20M CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 4/22/2004 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER K.SMITH WITNESS my hand and official seal. y COMM.�1479028 cc Not"P" � y It Cmm BOu Mvd26,20 l (SEAL) N TAR PUI341C SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT LINCOLN GENERAL INSURANCE COMPANY PONYER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth or Pennsylvania,does hereby nominate,constitute and anoint: Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney its true and lawful attomey(s}in-fact to sign, seal and execute for and on its behalf, as surety,bonds,umdcrtaldngs,a•ld other obliga•ory instruments of similar nature in an amount not to exceed Tbrte MlUlon Dollars($3,000,000)and to bind it thereby as Pally tnd to the same extent as if such instruments were signed by a duly authorized afficer of the corporation,and all the acts of said Anomey,pursuant to the authority hereby given are hereby ratified and eonfimhed. RESOLVED that this Power of Attorney is granted and is signed,scaled and notarized with facsimile sigramres and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September,2002. RESOLVED that the President,an Executive or Senior Vitae Presidenk or any Vice President of Oc Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing t:e person(s)named as Anomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other sin-afar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any of5cer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,aid such facsimile rcpreseimnons of those signatures and seals,and such facsimile representations shall have the same force and effect as if martially affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. 1N VrT.�'ESS WHEREOF,Lincoln General Insurance Company has caused its corpora to be ixed, these presents to be siY read by its duly authorized officer=this 4th day�, tamj1 2002. 1N$(J fllo.. Ants•: � '��po�TEs Gary]. do ,Se ;tryits� hojwari,Presid .t =z: 'i977 n=_ The Commonwealth of Pennsylvania y J.. •e _ ' Yorrlc County 0 • ;e*, On this 4th day of September,2002,before M?-;4z all cam�r C,Bhojwani,to me known,who being duly sworn,did depose and say:that he is the President of the Corpl it gaqpaRAd in and wbich executed the above fi ument:teat he knows the see:affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Direc-xrs of said Company,and that he executed the said insmuncrit by like order and authority and the same was his free act and deed. Notanat seat The Com.onwealth of Pennsylvania Camenne Mane Loose,Notaryk4tr — York County 5prtnpe:,sbury Twp.,York �Y commission Expires Juna 1 Notary PubL 1, Cary Orndorff, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the %tole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and fume..,..ore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. M UMN'ESS WHEREOF,!have hereunto set my hand and affixed the seal of said Company,at York,Perersylvania, this ---:I—doy of,,ApRTi. 2004tilrl1111111 0��� ooWts• ,•n J. .d .,Secretary lv. - A 1977 C) Sr J- ftsyLNP •%ate` Sent By: P GONZALEZ; 9492639095; Jun-2-(1' 10:01; Page 212 OA7rnswarrrYYl ACM.. CERTIFICA F LIABILITY INSURMCE s 2a 2004 FROWPA � ,THIS CVRTW=TE IS ISSUED AS A MATTER OF INFORKATION ACI INSURANCE, AG%NCY �..c- Il�" ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE 3B 8 C HOLDER. TNS CERTIFICATE DOES NOT AMEND, EV NO OR Campus Dr. #102 �J] ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Nrxport Beach, CA 92660 � ' •�v 949-263-9933 INBURERS AFFORDING COVERAGE MCI r+ n FOPG1L741i PAVER RSNTAL3 � �^_ INauRER iPSSTERN HERIT]IGE INS. CO - IN&UoMR t Clay ILY MATIWULL IaIGMANCl 00. 040 OBI8P0 AVE CL K NSUIIER G LONG BEACH, CA 90804 362 433-3204 1 NSLWER I CO VERAG" THE POLICIES OF WSURANCE UST£D BELOW HAVE BEEN MUED TO THE INXURED HANEUABOVE FOR THE POLICY PERIOD INDICATED.NOTWIll-STANDING ANY REQUIRBKNT;7EAAT OR CONDITION OF ANY CokTRACT OR OTHER DOCUMENT IOWTH RESPECT TO IMifCH TH(S CERTIFICATE MAY Or;ISSUEO OR MAY PERTA'Jw THE INSURANCE AFFORDED BY THE POLICES DESCRiND HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND C0N0MON5 OF SUCH POUM.AGCMGATE LIMMS SHOWN MAY KAVE BEEN REDKED BY PAID CLAW. POW T"wFOUCYNUI�FR T nlE Par�iKi I�IIr! 6INLAAL CNADeUT1 EACH OCCURRENCE 61,000,000 COWARCK GENERAL LMBa}TY P M+ 6 S o 0 0 0 a_ANSimm DooCUR s 5 000 A X 032907-1 05/19/04 05/19/05 ► nsowLaAovkAwr s 1 OOD OOO CAwERAL A=C EOATE : 1 000.L000 Cv&nAGGREOATIFIACrAw Snit PRODUM-CONVAWAGC, 6 I/OOO,000 x P%"M r LOC - AUTOMOB"LIA IRM COti�NEO6NGLCLM? f 750,000 ANYAlJTO N1A oww" _ Au OWNED AUTOS BOO LY k&W 8 Z %Ft6DM90S RU0128238 06/25/03 06/25/04 aboLysawy s NON•OWNEDAUTOS (P—d" PROPEIRY DAMAGE _ (Pr�oe�arrl CARAO6LUf94Y AUTO ONLY-EAACtdEm? i ANYAUTO OTHERTNAN EAACC 6 AUTOONLY AGG 6 rAC93LUMREIL►LWMM EACH OCCURRENCE 6 OCCUR ❑ WM AM CLAW AGGREGATfl 6 s otwc7eLe s sICTENTIoN i i wOR)ON COMPO 5ATIONAND th ayum IJAw► lLEICHACC>QELIT i Aur 9"w4WAIRMIM eckUOM i L 0"ASE-E^EWfLOTE 6 PRWIi+ONC b�Iar [L OISfALE-9dUCY L>�7 = aTNnz SESCROT10"Of*KRATK)WILOCATIONSIVE GLE51FAGLU6lON5ALAMOVYVKXXMEWKTI3PECIALFRO "s CERTXFICATZ HOLDER LISTED AS ADDITIONAL INSURSD PER ATTACHED ENDORSEMENT (10) DAY NOTICE IN TSE ZVVM OF NON-PAYMENT CONTRACT 1105 :ER'1 FICATE HOLDER I' CANCELLATION NiMao Awe Or THE AoNr VuCwED POEMS BE CANCE1.12D SEFORE 7HE WRATIM CITY OF HUNTINGTON R"CH i; DATE THEREOF,7HE t$&JWG RUNE*WALL 320MMED MILL 2_DAYS w ffMM 2000 KNIN STRUT I NOTICE TO T7IE CMTWICAIM HOLDER MU WD TO THE LEFT, P.O. BOx 190 HUN71NGTOR RUCH, CA 9ZS48 I AdrIMLJED REPRESENTATPA —i %CORD 26(2001=) R0%'E TO FORM: C ACORD CORPORATION 1"S $NqlFM4lcG'RATLfl',CityAftot q Sent By* P OONZALEZ; 9492839095; May-+iQ-iO4 11:52; Fage 212 POLICY NUMBER:T RA 032907-1 CO01#AERCIAL GENERAL LUBIL RY CO 20 1010►01 THIS ENDORSF-LENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES DR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This andorsemwt modifies Insurance pmvlded under Ltte fvlbwkV. COMMERCIAL.GENERAL UlABILITY COVERAGE PART SCHRIXIL.E CLTY OF HUN11NOTON BEACH,RS Af,TEM,OfrFI MS,AND EMPLOYEES PO BOX 190 HUNIINGTON BEACH,CA 02"8 (If no entry appears above. Informobon rWred to complete this endorsement will be shown In the Oedsrat$ons sm applicable to this endorsemwL) A Bec*m p - Who is An In*~ Is (1) Ali work, Including materials, parts or emwxled to Include as an kmffod " equipment furnbhed In connection ulth person or organtzetton shown in the suck worK on the project (other thwt Sche"e. but Only with respect to service, maintenance or its mko) to b9 Ilsbillty arising out of your ongoing performed 'by or on behalf of to opere0ons performed for dust Insured. addKonal Insured(s) at the aite of tie B. Wiih respect to the kwuranae afforded coffered operaOmw has be 3n to these eddWortal Insureds, the completed:or fdfowktp exdusbn Is added: (2) The portion of"your worts'out of whi>h the " or dsrnage a.tses has be,sn 2. Exclusions put to fbt Intended use by wW person or This Insurenoe doss not apply to orgarizetlon othw then mother "body Injury"or IMV*rty dernepe" oontractor or subcontwbor engaged in occur*v efbar: performing operatto m for a pAnclpei no a pml of the mmv project. CG 201010/01 Copyright 1S0 Properti".Inc.,2000 Pape 1 of 1 2 ACORD GERTIFIC�I..,:"E OF LIABILITY INSURA tM 7 °of a" ,o PRoouc>R THIS CEPI IFICATE IS ISSUED AS A MATTER OF INFORMATION AV insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Sox 2BL900 HOLDER, THIS CERTIFICATE DOES N(7'AMEND, EXTEND OR Sam rx&nci8Q0, CA 94120 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (877)234-4420 INSURERS AFFORDING COVERAGE NAIC S "SUM, zw. F4MZRA:Virginla Suretr CCRV my, =rid. dba POPULAR pAVYH RlrbT AL INGURSRe! 840 OBISPO AvEmm INIURERC: LOIW WACR, CA 90804 IkSLM4ER D' CSL 1273 135217 WSURCR4: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY AEOUIREMENT,TERM OA CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WfTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRFGATE L)MrTS SHOWN MAY HAvr 8EEN REDUCED 8Y PAID CLAIMS. TR TYPEGFPiWRANCE POLICY NUAISEA FVULT r4lAFMAT)QMrd N j LIMITS GBNERALLIAeILRY EACMOCt LANCE III MtifA1EI1CIAL CtENCRAL LVIs1LfTv PA ME!E .2M!nMl Is CLAIMS MADE❑OGCVR wED aM ,MR . A N a AW InLAIR^/ s GENERALAGQREGATF i GMAa*RE0=UMTArPLIESPER: PRODUCTS-COMP)OPAGO ! ?4uCY P",,- LOC AVTOrr109[LE LIAVUW COIABIN£0 SiNGLT LlAfT ANY AUT7:1 IE.�cGe.nly ALLOWKED AUTOS BODILY IM]UM = LP-A•rt�1 ii�EF�iM.EQAlJip3 HIREGAIIO3 DODILYINJURY ! PADPOM NOM-0NTIED At1T03 flAdiAGE _ GARA09UAMLrrT AUTO OkLY-EA ACCIDENT ! ANYAUM zw TSIAN FA AM ! MJTC 0�1L�: AGG I$ EXCFSS%RJBRELLAIJA9(LRr EAMOCCUREKE 9 occ-m Q CLAUS MM E AGOAM&TE ! 'e�CLlcTat s RETETITION ! ! WOrMERR CO.+�NaaslpN AND X EMPLOYERS'1JAotliY A ANYPROPaIl�ORRAfSTHERCXECURYt: 005-00R1'�861 O1I01/O4 of/41/G5 G"CH s i 040,000 ^F�IOERt1+15xCLUo�❑4 LLgIs�E•ir► f %r060 006 n a.sw►e.uneer 8 E[ratPRDVrbQNSEso. .L s •POLICY Lsar I S 2,O00,000 orHEn oESCA"CkCFOREAATION9rLQCATXM1VU11 LE2rEXCUJDONSADDEDaYEN00R96UVfrlIPECIALPRW310NS APP VED AC O FORM: arty j iFER hfcGRAM Qtyktornn CFFMACATE HOLDER CANCELLATION popular PaTor #f0L1C1)ANY OFTHC ADM OE$CMSEO POU VES 39 CANCELLED PMRE7HS IJIY M4MON 840 Oblrbo Ave. AATI!WEREOF,THEMUINGINSURE111MLLMODOMORM"L E9 DAYSWArrMNNMr-E Long Beach, CA 90804 -MT,4trtpnFtMKOLOMftAMEGTOTWLErr, IKleib Pom TES uoleaieaae ACtat project xllanager AurrlDglz¢o iTernesExrAT>•vE pD?83 3 6 {[COFiO 25(2001Ri8) O ACOAD CORPORATION 1989 Company Profile Page i of z JIM D a�t�rrt of Company Profile Insgrance LINCOLN GENERAL INSURANCE COMPANY 3350 WHITEFORD ROAD YORK, PA 17402 800-876-3350 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 8t8 WEST SEVENTH STREET, zND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC 33855 NAIC Group 1126 California Company ID #: 4679-7 Date authorized in California: May 11, 2001 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossaU. AUTOMOBILE BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb co_prof utl.get_co_proPp EID... 6/2/2004 Company Profile Page 2 of 2 QrEAM AND VEHICLE kj Company Complaint Information Compan_ Enforcement Action Documents a Co an Performance & Com Comparison Data to- p- l -y -p- ------ Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-April 26,2004 02:22 PM Copyright®California Department of Insurance Disclaimer http-.//cdinswww.insurance.ca.gov/pls/wu-co�-prof/idb-co�-prof utt.get co_proPp EID... 6/2/2004 1 ` Ll CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND f1'� /1 / FOR C /rod !✓i[�e�J i.�q I�Ari✓Y.n lr�f'S i� r.�.-A rw t f TABLE OF CONTENTS Pain N _ I. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11, LIQUIDATED DAMAGESIDELAYS 7 12. DIFFERING SITE CONDITIONS 9 0. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS'COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM[ 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 33. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 V CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 2,AcaZ4w- PA✓E2 Aew40 FOR .1 c lr �'fti7L7L �� E1i.�f�r /7 nY wE. CG//OS' THIS AGREEMENT ("Agreement") made and entered into this y 7q` day of 20 OY, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 1001'e"for AwI yyle liel»/ar� , 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 Bew $/r�kl�/�.,.� .7� .,.rE�+� tz .a� Cerf ��nee s� F�-•der A✓.rrt, CL -//9'S in the City of Huntington Bcach; 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 agm9onns/ciiy consrf4-03 I L U the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as arc 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; sgredformslcity eonst/4-03 2 V U 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 TVorks 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 hercin by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agMelronnslcity const/4-01 3 L Q CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW,save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ' ,06 W..ndird Tw•n4y 0,1E N�•+difd T►rT,rc..r dMl/y.r ..►� ($ 220, itCo.�// ), as set forth ,rrty .YE c•-sr. 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 aflcr the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within �h,^f ( 3d) consecutive Od.:kk. t from the day the Notice to Proceed is issued by DPW,excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agrWfonTWcity Con56f4-03 4 V other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning: the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW,and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agredrormskily consU4-03 5 W 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 10 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. 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 sgrmfrorms/city eonsV4-03 6 V V 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. LI UIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Ae Dollars ($_/M4-�_) 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 agmlfomnslcily constA-03 7 U U 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 cnemy, firc, 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,negiect 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 firc or other casualty at the job silo for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agmdfonnV61y const'"3 8 V U 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 S1TE 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 decrcasc in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agm/iormVcity const/4-03 9 U U 13. VARIATIONS N 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 afler final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (100/0) 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 fitly 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 agredforms/city consV4.01 10 V V 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 alter 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, cach payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. egredfoffnIcity constl4-03 I I V V 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses,expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of there 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 politics 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 sgreeJrormslciry tonsv4-03 12 V V to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20, INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties,against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agrWfor ns/chy constl4-03 13 U V coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shalt said above-mentioned insurance contain a self-insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONFRACTOR'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, agreclronrWcity constl4-03 14 U elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202,CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 23. DEFAULT AND 'TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR,CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agmWforms'city Const14-03 15 V 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 '/1%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOWs sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNAAILiTY 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. *SrWf6rnW6ty consd4-03 16 V V 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled 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 1P0oul4r Qa%J er 'R eni a 1 ATTN: naV i , \fge*r\e - 2000 Main Street �n� + choel �, ar Huntington Beach,CA 92648 000 O b►s o A\i e LQnq 13ecacln CA 901goy agreeforms'city eonsd4-03 17 U .../ 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 arc includcd solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROIIIBITF.D CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services arc 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 incurrcd 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 agreelrormVcily eonsV4-03 18 U shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agredfonyWchy eonsd4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its conscntlapproval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter sgredrorms/city canstM-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California All; <�L� May M t C h a e i S ►, 0, ATTEST: print name ITS: (circle one)Chairma residen ice President QM4J /50 AND City Clerk 6-9-0 By: APPROVED AS TO FORM: k�arbelrct 8 print name ITS: (circle on ecret /Chief Financial Officer/Asst. City ttorney Secretary-Treasurer W" (11ITIATE AND AP VED: REVIEWED AND APPROVED: Director of Public Works COY Administrator agree/forms/city consU4-03 21 SECTION C PROPOSAL for the BEACH BLN"D NN'IDENING IMPRONrEMENTS at the SOUTH EAST COR.N'ER BY EDINGER AVENUE CASH CONTRACT No. CC 1105 in the CITY OF HUINTINGTOI BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUItCIL OF HUNTINGTOti 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 1"Notice to Proceed will be issued for traffic pole procurement. After undersigned submits proof of mast-arm signal pole procurement and a detail construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2"d Notice to Proceed to the undersigned to commence Immediately with the physical site work thereafter to be completed within a Thirty (30) working day Construction Period. However, due to the holiday season and limited parking in the adjacent commercial center, the 2nd Notice to Proceed-will not be issued by the' AGENCY between September 1,2004 to January 8,2005. 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 C-1 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 FI&M pJol^ in the amount of$ ,17 1060,r 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 maybe). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature L/ D C-2 U PROJECT BID SCHEDULE' Item.:. -.:Estimated: ' r with th luan iiitoras:: c ' : z e meon n 1 e I MOBILIZATION LS @- jwen4 y ToUr i1nt3ySonjDollars $ 2_4000 $ 24OD0 Cents Per LS 2 l TRAFFIC CONTROL LS @ __N+ne. 74100 eZY1L4 Dollars $ 00 $g000 _ R Cents Per LS _ 3 1 MISCELLANEOUS REMOVALS LS @ Jifieen 41n0USand ,,SiY Dollars $ i5 (n25 $ 15615 hunJreJi WenLj Si dt d0i(4itcnu Per LS 4 290 CONST.PCC CURB AND GUrrER LF @ 4 W gn 4 S e v e r, Dollars S. 2-1.1 to $ 19 0,5,40 4 y-a _S t K Cents Per LF 5 174 CONST.8"PCC CURB ONLY LF @ _ _einnieenr Dollars $ IS. Lj6 $ 3Z12 .Oq f O L4 I 5►X Cents Per LF G 197 CONST.b"PCC CURB ONLY LF @ e i 9 V, i?,en Dollars $ 1&-30 $ 3 605. 10 `} Vi►r 4 Cents Per LF 7 2295 CONST.4"THICK CONC.SIDEWALK AND CURB RAMP rr y SF @ S i A Dollars $ $ 13 913 -V q n Cents Per SF 8 2245 0.17 CONSTAINT DEPTH COLD MILL SF @ on le Dollars $ `15 $ 3 5 80 nine 4. i V e R Cents Per SF 9 20 CONST.30"Vti'IDE X 4"HIGH PARKWAY DRAL'V LF @ r e e Im u vn c rp 4 ! Dollars $ 3 0 0 $ b 0 0 0 Cents Per LF 16 58 CONST.30"WIDE X b"HIGH PARKWAY DRAIN LF @A�(ea 1%ur,&s A _, @.leln lars $3 vily2 S Moo fi0{ 4 y A-w O Cents Per LF PROJECT BID SCHEDULE Put uniiprice ............... :Extended: T'... Y•. o. hail ritte .1.•.i�ii' s.: �•k mount:� =:Q t rI: tt n rd }iiit'Pr e:. :: 11 50 CONST.30"V1DE RAMBOX RCB LF @.46ee hundred ce0nifetiDollars s 31-I.42 S lS 8,71 O r 4 0 Cents Per LF 12 1 CONST.PARKWAY CLEAN OUT EA @ -(- V e d u n t1 c e d lDollars $ 500 $ 50 0 Cents Per EA 13 l CONST.5'WIDE SUMP BOX PER DETAIL 9A EA @ ��,rr- r ee 4-+o u s n n d 4wo OaHets s 3 Zo 0 s 3 2.oo hundr-pJ d0If a+rS C*fi4s Per EA 14 2 CONST.8'WIDE SUMP BOX PER DETAIL 9B 6 r<1re� EA @ 46g e f-� ou s a n d 411 re e 4 s 3318 s b�7 110 . $e yP h��4•_ e���+ c1 a �1 a r S Per EA I5 325 CONST.A.C.PAVEMENT&LEVEL COURSE TN @ -} t{-�y-- nine Dollars s 59 $ 191-7 5 Cents Per TN 16 65 CONST.0.1Y THICK ARHM SURFACE COURSE PAVEMENT TN @ h e 11 a trt d t-e c1 S ev a tI 4 Dollars s 119 s 11 b 3 S- h I N e J 0 I C or Cents TN 17 1 INST.2"PVC STREETLIGHT CO' W/PULLROPE LS @ - ► V p +1n O u S a n cl To u r V,1,14rs S 5 y o O $ s 4 00 U n d e e d J 011 a r s -Eerits Per LS is 1 RELO.EX.FIRE HYDRA.N'T ASSEMBLY COMPLETE EA @four -fihoysQncl *+lne .poll„s s 93o s 4930 kut2dred -+hir4j c1oI( CIrS its Per EA 19 1 MODIFY LANDSCAPE/IRRIGATION&HAND WATER LS @0ne 41:1QUSa-d -'RliQ hUtrlc1iP Dollars S 15a0 S 1Sa0 Cents Per LS 20 1 SIGNING,STRIKING.MARKERS&MARKINGS LS @Four 41 OuS4hd one hun&ehollars S q100 $ L1100 Cents Per LS r �. PROJECT BID SCHEDULE Item :Estimated item�ittt�tttisprtce :::::::::::::::::: •:.Extertde ;.: •. }; written n Dior: s:;.;: ni Pr1re- =: iiouat :;: 21 1 TEMPORARY TRAFFIC SIGNAL.SYSTEM LS @ `five # h0U, SQncl Dollars S S000 S 5000 Cents Per LS 22 I MODIFY TRAFFIC SIGNAL NCLUDES LOOPS LS @-A i v-41 41n T e e + h c» S ci vi d Dollars S 3 3 0 0 0 S 33000 Cents Per LS 23 1 RESET SURVEY MONUMENT LS @ i T1 r e Q A n o u S a yi d Dollars S 3 0 OO S 3006 Cents Per LS 24 @ Dollars S_� S Cents Per 25 @ Dollars S .� S y� — Cents Per Total Amount Bid in Figures: S 213 O 8• 3 o Total Amount Bid in Words: aku �us c.�/t.p d � `��.c n cut j ............................................. .....---.............------............----.............. culd cvz r �� V LIST OF SUBCO.N7RACTORS 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 Z'/. Oran e Co. S � an e�'` s�+� z>q(0 5 C- 3�- 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 furnishes copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Arse-Las "615t�7 /yA3CX , being first duly sworn, deposes and says that he or she is Pic •c s of Popular Paver Re n to l 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. popular P4yer den+al Name of Bidder Signature of Bidder ` %40 Obispo ,Ave long peach Address of Bidder C A 9 o$p 4 Subscribed and sworn to before me this 2(1 day of , 2004. CECIUO QARMENDEZ s COMM./139WW LWANOB COAL s NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BLVD WIDENING IMPROVEMENTS, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The tern "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. P�Fwl cir 'Pa yer Cz�-t�l Contractor By Title Date: C-5 V � DISQUALIFICATION QUESTION; WAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the follo axing 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 P�No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 V COMIPENSATION 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 Frith such provisions before commencing the performance of the work of this contract. Pp Lc A*— Pa yer Contractor By Title Date: C-7 LINTERGROUINT 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: Contractor By Title Date: Dote: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Mork Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Papu-tay Bidder Name 900 nits o Ave . Business Address Lo vk btA C.l,-) CIA 4�0 tA City, State Zip 562- Telephone Number State Contractor's License No. and CIass (Class A or C-10 required) Original Date Issued - 3 - 200 5 Expiration Date The work site was inspected by of our office on The following are persons, firms,and corporations having a principal interest in this proposal: C-9 t The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Frame Signature of Bidder M "j "' J . 1 cti r Printed or Typed Signature Subscribed and sworn to before me this 2(day of L ,200Y. CEC►IUO GARMENDQ _ COMM.i i� W F WMAYiP���Irw,C/-y POMA U) AXGnM Y NOTARY PUBLIC AL" 2L) l?l 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. cliy d Po" OVIa 15�O5 S . C-mrey Ave. , FbPAoV\-q1CA Name and Address of Public Agency Name and Telephone No. of Project Manager: JZOAarz4 Di v"ck I ez r x a a� 460 -' o DU.— .^S�'e �c� A ef h a-ay 3 Contract mount Type of`Fork Date Completed 2. eAd4 a D6p fi. 1000 - WO rd 16 W " . Name d Address of Public Agency - ,gyp,�� CA -9 o SD-7 Name and Telephone No. of Project Manager: Myrt�yt� �SssCJ�,ac- ?.'A0" L10 Dad Sowim I AtU- aE'er �;L I a-ao� Contract Amount Type of W;rk Date Completed 3. CON, C�- 111 o(A- enc�-N 3300 ww Ri± . NtwpoY (x�, Name and Address of Public Agency agal 6%AIA 7°s� Name and Telephone No. of Project Manager: u A Pet v\C SOOT 4P10010 00 it a 00� Contract Amount _ r Type of Fork — Date Completed l } City of Huntington Beach Public Works department 2000 Main Street Tel. (714)536-5431, Fax(714)374-1573 ADDENDUM NUMBER ONE For BEACH BOULEVARD WIDENING IMPROVEMENTS - CC 1105 AT THE SOUTH EAST CORNER BY EDINGER AVENUE April 8,2004 Notice To All Bidders: Please note the following clairification to the Project Plans,Specifications,and Special Provisions: Specifications Section C—Proposal for the Beach Blvd Widening Improvements at the South East Comer by Edinger Avenue (see Page C-1) 1. Delete the 1"t paragraph and replace with the following: 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 fife 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 1" Notice to Proceed will be Issued at the execution of the contract for traffic pole procurement. The 2"d Notice to Proceed will be Issued to the undersigned following the submittal of proof of mast-arm signal pole procurement(with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2nd Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. Section C—Project Alternative(see attached Project Alternative Bid Schedule,3 sheets) 2. Contractor shall provide an Additive Alternate Bid to all bid items for construction activities under the following daytime work requirement(see attached Project Alternative Bid Schedule). The Additive Aftemate Bid, Project Alternative, Is an Integral part of this proposal, and to be responsive, the bidder shall quote a price for all the Additive Alternate Identified/listed in the attached Project Alternative Bid Schedule. The City shall award the contract on the basis of the Project Base Bid alone.: The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday. Exceptions include weekend and overnight activities at specific locations as listed In Section 7-10.3. Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays and any exceptions listed In Section 7- 10.3. Section 6.71 (see Page E-8) 3. Delete the 1$paragraph and replace with the following: The .Ist Notice to Proceed will be issued at the execution of the contract for traffic pole procurement. The Vd Notice to Proceed will be issued to the undersigned following the submittal of proof of mast- arm signal pole procurement (with a firm delivery date)and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the Issuance of the 2"d Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a Thirty(30)working day Construction Period. During the traffic pole procurement period, the Contractor shall obtain the new mast-arm signal pole as called for on the Traffic Signal Modification Plans. The Contractor shaft also be required during this procurement period to obtain the Cattrans Rider Encroachment Permit, which includes obtaining approval of the Contractor's traffic control plans and Water Pollution Control Plans(WPCP,see'draft*plan in Appendix III,which addresses the CalTrans Encroachment Permit) and approval of all other contract paperwork and required clearances from the Cities of Huntington Beach and Westminster. This modification does not change the Engineers Estimate or the Bid Opening dateltime for this project. This is to acknowledge receipt and review of Addendum Number one,dated April 8,2004. ComlSany Name By ' Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Duncan Lee at(714)375-118. PROJECT ALTER�,,,.�.IVE BID SCHEDULE -AddeQ,;lm #I (for Day`Fork) Item Estimated Item with unit price ... !Evended No. Quantity written in words Unit Price `Amount 1 1 1610BILIZATION LS @k fja±,j,1MVe- � r10USGtnc.� —Dollars S 2 17Z>0 S ?qOr70 _ _ - Certs Per LS 2 l TRAFFIC CONTROL LS @ Nine AIkouS an Dollars gooa S g000 Cents Per LS 3 1 43ISCELLANEOI:S REMOVALS LS ti -fourfeen -tl,ousanj Six S 14 b2S S 1q t25 hundred -f Wenf �`rve �rus Per LS C1011OLS nn evo t" PnfS 4 290 CONST.PCC CURB AND GUTTER LF a 4 We ni y -1 WO Dollars S 22•b8 5 V-71 10 Si X A y e t C,V14 Cents Per LF S 174 CONST.8"PCC CURS ONLY LF @ S i 1Aeen Dollars S NIS+ S2-191-1,9b -F i;i j f o u r Cents Per LF 6 197 CONST.6"PCC CURB ONLY LF C f our+ een Dollars S 14, 61 S�Q7�• 1� S i )tin one Cents Per LF 7 2296 CONST.4"THICK CONC.SIDEWALK AND CURB RAMP SF @ T'%v e Dollars S S . 13 51111$ ,y$ -I 'nt f i e en Per SF 8 2245 0.17 CONSTANT DEPTH COLD MILL SF @ ore Dollars $ 1''12 S 31&1,90 T OY w o Cents Per SF 9 20 CONST.30"WIDE X 4"HIGH PARKWAY DRAIN LF @ h un t rP cl Tt {_Dollars S 250 S 5 000 Cents Per LF 10 58 CONST.30"WIDE X 6"HIGH PARKWAY DRAIN LF @ i W O 6 u n d r e 8 _Dollars S 200 S 11 600 Ccnu Per LF (Addendum#1)C-Is PROJECT ALTERN%.JIVE BID SCHEDULE -Addel..,,im #1 (for Day Work) Item i Estimated Item v+ith unit price ... : : : •: -.Extended -No.' 'Quantity -written in words Unit Price;: `Amount 11 50 CONST.30"WIDE RAILSOX RCB LF @ +W 0 11 u n ci►'a cl Dollars S 200 S 10000 Ccnts Per LF (Iq 12 11 CONST.PARKWAY CLEAN OUT EA @ T +%Ia Inun 8r e a Dollars $ 500 S 500 Cents Per EA 13 1 CONST.5'WIDE SUMP BOY PER DETAIL 9A EA G +�h r e e i 1,o u s and Dollars S 3200 g 3200 iwo Inundre d Cents Per EA 14 2 CONST.8'WIDE SUMP BOX PER DETAIL9B EA C t 1+ree -1 lnou Son cd -i hrPe DES S 33-IF S CD_15b iiut Jred Seven43 ei36-t cwit Per EA d 11 a r s 15 325 CONST.A.C.PAVEMENT&LEVEL COURSE TN @ f i f A I r+�,n a Dollars S 5 q .0 0 s 1 q, f 7 S Cents Per TN 16 65 CONST.0.I5'THICK ARHM SURFACE COURSE PAVEMENT TN @ One Inunclred seuP++-ly n+ne Dollars s 119 s 11 635 Cents Per TN 17 I INST.2"PVC STREETLIGHT CONDUIT WI PULLROPE LS @ TWe -1 11ousart Cl Dollars S 5000 S 5000 Cents Per LS 18 I RELO.EX.FIRE HYDRANT ASSEMBLY COMPLETE EA @four 4)nouSand nine -Dv%n S y93o s 4930 hUn A re 01I ors Cents Per EA 19 1 MODIFY LANDSCAPEARRIGATION&HAND WATER LS c o n e i 'k 0 U s OWN J -f+V e t polls S 1 S 00 s I S 0 0 re Cents Per LS 20 1 SIGNING,STRIPING,MARKERS 8 MARKINGSLS @`Tour -i OO Sant one L u ncl re J Dollars S 4100 S L4 10 0 Cents Per LS (Addendum#1)C-2s s PROJECT ALTERX,.,I'IVE BID SCHEDULE AM6 ,.Um #1 (for Day Work) Item Estimated :-lrem►uth ltttit price :. :. : -.- . Extended _: No.' Quantity written in words = : Unit Price' Amount 2I 1 TEMPORARY TRAFFIC SIGNAL SYSTEM LS Ca, f i 4 e -1 I o u S o n j Dollars $ 500o S J�0 00 Cents Per LS 22 l MODIFY TRAFFIC SIGNAL.INCLUDES LOOPS LS aQ '� �;r43 i houS Ond Dollars S 30000 S 000 Cents Per LS 23 1 RESET SURVEY MONUMENT Ls 8 -f �re a -1 h o u s a n d Dollars oo0 S 3000 Cents Per LS 24 a Dollars S Cents Per 25 a Dollars S / S Cents Per Total Amount Additive Alternate Bid in Fiozures: S I Q 6 20, `1 I Total Amount Additive Alternate Bid in Words: pqe r e can n p •i _S i - f�ovsancl •three InunJrpd 4 w e hijcJo{tars of,j sevvn4 one. C%oh% (Addendum#I)C-3s '�. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL CO .ti'I .'41UNICATION TO: CC- 1105 Beach Widening at Edinger FROM: Duncan Lee, Associate Civil Engineer DATE: April 28, 2004 SUBJECT: Reference check for Popular Paver Rental, 840 Obispo Avenue Long Beach, CA 90804, (562)433-3204 Popular Paver Rental A:City of Redondo B: Long Beach Water I C:City of Newport State License No.766075 Beach Dept. Beach Class:A Name:Nancy Wong Name:Vincent Name:Lloyd Dalton QUESTIONS Phone:310-31843661 Schaefer Phone:949-b44-3328 Phone:562-900-7207 O.K. to Good YES YES 1 Did contractor work well with your agency? NO NO Not Aware 2 Did they change personnel during the job? NO NO No Subs 3 Were there any problems with subcontractors or su ;ers(stop notices)? YES YES No Recollection 4 Did general and subcontractors work consistently on theproject? YES ALWAYS YES 5 Was the project completed on time? O.K. GOOD Acceptable 6 How was the quality of the work? YES YES YES, For This Type of 7 Would you hire this general contractor Work a oin? 8 Are the contractors'and subcontractors' licenses current and verified with State Contractors License Bureau?Yes, (Contractor&Subcontractors'licenses are current and active). 9 Are there any citations or judgments on file against the contractor with the State Contractor's Licensing Board?No NONE NONE NONE 10 Comments: A: Project & Contract Amount: Sidewalk, curb and gutter, less than $100,000 B: Project & Contract Amount: Sewer/Alley Repairs, $40,000 C: Project & Contract Amount: Harbor View Nature Park, $100,000 GAConstruction Contracts(CCs)1CC11051Contract Reference Check-CC4105.doc CITY OF HUNTINGTON BEACH BEACH BLVD. WIDENING AT EDINGER., CC-1105 BID DATE: APRIL 26, 2004 TIME: 2:00 PM ENGINEER'S ESTIMATE: $259,566 BID LIST No. BIDDER'S NAME RANK TOTAL BID AMOUNT 1 All American Asphalt 4 $263,602.10 2 Alliance Street Works 3 Baxter-Griffin Co., Inc. 4 DMA Greencare Contracting Inc. 5 Elite Bobcat Service 6 Excel Paving Company 3 $254,550.75 7 GMC Engineering Inc. 8 Griffith Company 2 $233,800.00 9 Highlight Electric Inc. 10 Hillcrest Contracting 11 Moore Electrical Contracting Inc. 12 Nobest Inc. 5 $319,242.00 13 Pavement Recycling Systems 14 Popular Paver Rental 1 $213,508.30 15 R.J. Noble 16 Sequel Contractors, Inc. 17 Savala Construction 18 Steiny & Company, Inc. 19 Sterndahl Enterprises, Inc. 20 21 22 23 file. Bid List CC-1105.xis CITY OF HUNTINGTON BEACH BEACH BLVD. WIDENING AT EDINGER., CC-1105 BID DATE: APRIL 26, 2004 TIME: 2:00 PM ENGINEER'S ESTIMATE: $259,566 FINAL BID RESULTS No. BIDDER'S DAME TOTAL B-ID AMOUNT 1 Popular Paver Rental $213,508.30 2 Griffith Company $233,800.00 3 Excel Paving Company $254,550.75 4 All American Asphalt $263,602.10 5 lNobest Inc. $319,242.00 Comparison of"ADDITIVE ALTERNATE" (Not To Be Used For Basis of Award) No. BIDDER'S NAME TOTAL BID AMOUNT 1 Popular Paver Rental $196,320.71 2 Griffith Company $199,369.00 3 Excel Paving Company $224,761.00 4 All American Asphalt $257,256.80 5 Nobest Inc. $274,595.00 file: Bid List CC-1105.xis CITY OF HUNTINGTON BEACH BEACH BLVD. WIDENING AT EDINGER., CC-1105 BID DATE: APRIL 26, 2004 TIME: 2:00 PM ENGINEER'S ESTIMATE: $259,566 FINAL BID RESULT ANALYSIS No. BIDDER'S NAME TOTAL SID BID AMOUNT CORRECTED AMOUNT SUBMITTED DIFFERENCE 1 Popular Paver Rental $213,508.30 $220,116.41 -$6,608.11 2 Griffith Company $233,800.00 $233,800.00 $0 00 3 Excel Paving Company $254,550.75 $244,550.75 $10,000.00 4 All American Asphalt $263,602.10 $263,602.10 $0.00 5 Nobest Inc. $319,242 00 $319,242.00 $0 00 Comparison of"ADDITIVE ALTERNATE" (Not To Be Used For Basis of Award) No. BIDDER`$ NAME TOTAL SID 131D AMOUNT CORRECTED AMOUNT SUBMITTED DIFFERENCE 1 Popular Paver Rental $196,320.71 n/a n/a 2 Gnffith Company $199,369 00 n/a n/a 3 Excel Paving Company $224,761.00 n/a n/a 4 All American Asphalt $257,256 80 n/a n/a 5 Nobest Inc. $274,595.00 n/a n/a file. Bid List CC-1105 As 1 •J J City of Huntington Beach Project Name: Beach Boulevard Widening Improvements Public Works Department Bid Openning: April 26, 1994 2:00 p.m. Time 2000 Main Street, P.O. Box 190 Engineer's Estimate: $259,565.50 Huntington Beach, CA 92648 Cash Contract# : 1105 BID SUMMARY Popular Paver Rental Griffith Company Excel Paving Company Bidder 1 Bidder 2 Bidder 3 Iterrt Contract. Unit Unit Unit No.. Description Quanti Unit Price Amount Price Amount Price Amount 1 MOBILIZATION 1 LS $24,000.00 $24,000.00 $12,000.00 $12,000.00 $30,000.00 $30,000.00 2 TRAFFIC CONTROL 1 LS $9,000.00 $9,000.00 $10,000.00 $10,000.00 $8,200.00 $8,300.00 3 MISCELLANEOUS REMOVALS 1 LS $15,625.00 $15,625.00 $90,231.00 $90,231.00 $16,000.00 $16,000.00 4 CONST. PCC CURB AND GUTTER 290 LF $27.26 $7,905.40 $20.00 $5,800.00 $22.00 $6,380.00 5 CONST.8"PCC CURB ONLY 174 LF $18.46 $3,212.04 $15.00 $2,610.00 $25.00 $4,350.00 6 CONST.6"PCC CURB ONLY 197 LF $18.30 $3,605.10 $12.00 $2,364.00 $24.75 $4,875.75 7 CONST.4"THICK CONC. SIDEWALK AND CURB RAMP 2296 SF $6.06 $13,913.76 $2.50 $5,740.00 $5.00 $11,480.00 8 0.17'CONSTANT DEPTH COLD MILL 2245 SF $1.95 $4,377.75 $1.00 $2,245.00 $2.00 $4,490.00 9 CONST. 30"WIDE X 4"HIGH PARKWAY DRAIN 20 LF $300.00 $6,000.00 $250.00 $5,000.00 $125.00 $2,500.00 10 CONST. 30"WIDE X 6"HIGH PARKWAY DRAIN 58 LF $317.42 $18,410.36 $170.00 $9,860.00 $125.00 $7,250.00 11 CONST. 30"WIDE RAILBOX RCB 50 LF $317.42 $15,871.00 $280.00 $14,000.00 $425.00 $21,250.00 12 CONST. PARKWAY CLEAN OUT 1 EA $500.00 $500,00 $600.00 $600.00 $225.00 $225.00 13 CONST. 5'WIDE SUMP BOX PER DETAIL 9A 1 EA $3,200.00 $3,200.00 $5,000.00 $5,000.00 $5,200.00 $5,200.00 14 CONST.8'WIDE SUMP BOX PER DETAIL 9B 2 EA $3,378.00 $6,756.00 $5,000.00 $10,000.00 $5,500.00 $11,000.00 15 CONST.A.C. PAVEMENT&LEVEL COURSE 325 TN $59.00 $19,175.00 $50.00 $16,250.00 $58.00 $18,850.00 16 CONST.0.15'THICK ARHM SURFACE COURSE PAVEMENT 65 TN $179.00 $11,635.00 $140.00 $9,100.00 $200.00 $13,000.00 17 INST. 2"PVC STREETLIGHT CONDUIT W/PULLROPE 1 LS $5,400.00 $5,400.00 $4,000.00 $4,000.00 $1,550.00 $1,550.00 18 RELO. EX. FIRE HYDRANT ASSEMBLY COMPLETE 1 EA $4,930.00 $4,930.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 19 MODIFY LANDSCAPE/IRRIGATION&HAND WATER 1 LS $1,500.00 $1,500.00 $1,000.00 $1,000.00 $13,500.00 $13,500.00 20 SIGNING, STRIPING, MARKERS&MARKINGS 1 LS $4,100.00 $4,100.00 $4,000.00 $4,000.00 $8,700.00 $8,700.00 21 TEMPORARY TRAFFIC SIGNAL SYSTEM 1 LS $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,650.00 $6,650.00 22 MODIFY TRAFFIC SIGNAL INCLUDES LOOPS 1 LS $33,000.00 $33,000.00 $10,000.00 $10,000.00 $38,500.00 $38,500.00 23 RESET SURVEY MONUMENT 1 LS $3,000.00 $3,000.00 $3,000.00 $3,000.00 $5,500.00 $5,500.00 24 0 0 0 $0.00 $0.00 1 $0.00 1 $0.00 $0.00 $0.00 25 0 0 0 $0.00 $0.00 1 $0.00 1 $0.00 $0.00 $0.00 Total Bid:1111MM $220,116.41 JIMMIM $233,800.00 $244,550.75 Page 1 •J City of Huntington Beach Project Name: Beach Boulevard Wideninc Public Works Department Bid Openning: April 26, 1994 2:00 p.m. Ti 2000 Main Street, P.O. Box 190 Engineer's Estimate: $259,565.50 Lai) Huntington Beach, CA 92648 Cash Contract# : 1105 BID SUMMARY All American Asphalt Nobest Inc. Company 6 Bidder 4 Bidder 5 Bidder 6 Item Contract Unit Unit Unit No. Descri ion Qua nti Unit Price Amount Price Amount Price Amount 1 MOBILIZATION 1 LS $22,200.00 $22,200.00 $10,000.00 $10,000.00 $0.00 $0.00 2 TRAFFIC CONTROL 1 LS $14,500.00 $14,500.00 $15,000.00 $15,000.00 $0.00 $0.00 3 MISCELLANEOUS REMOVALS 1 LS $41.600.00 $41,600.00 $50.000.00 $50,000.00 $0.00 $0.00 4 CONST. PCC CURB AND GUTTER 290 LF $26.50 $7,685.00 $22.00 $6,380.00 $0.00 $0.00 5 CONST.8"PCC CURB ONLY 174 LF $24.50 $4,263.00 $9.00 $1,566.001 $0.00 $0.00 6 CONST.6"PCC CURB ONLY 197 LF $23.00 $4,531.00 $8.00 $1,576.00 $0.00 j $0.00 7 CONST.4"THICK CONC.SIDEWALK AND CURB RAMP 2296 SF $4.10 $9,413.60 $5.00 $11,480.00 $0.00 $0.00 8 0.17'CONSTANT DEPTH COLD MILL 2245 SF $3.10 $6,959.50 $2.00 $4,490.00 $0.00 $0.00 9 CONST.30"WIDE X 4"HIGH PARKWAY DRAIN 20 LF $222.00 $4,440.00 $500.00 $10,000.00 $0.00 $0.00 10 CONST.30"WIDE X 6"HIGH PARKWAY DRAIN 58 LF $165.00 $9,570.00 $500.00 $29,000.00 $0.00 $0.00 11 CONST.30"WIDE RAILBOX RCB 50 LF $300.00 $15,000.00 $600.00 $30,000.00 $0.00 ' $0.00 12 CONST.PARKWAY CLEAN OUT 1 EA $3,000 00 $3,000.00 $500.00 $500.00 $0 00 $0.00 13 CONST.5'WIDE SUMP BOX PER DETAIL 9A 1 EA $8.300.00 $8,300.00 $8 000 00 $8,000.00 $0 00 $0.00 14 CONST.8'WIDE SUMP BOX PER DETAIL 9B 2 EA $8,700.00 $17,400.00 $9,000.00 $18,000.00 $0.00 $0.00 15 CONST.A.C. PAVEMENT&LEVEL COURSE 325 TN $71.00 $23,075.00 $120.00 $39,000.00 $0.00 $0.00 16 CONST.0.15'THICK ARHM SURFACE COURSE PAVEMENT 65 TN $201.00 $13,065.00 $250.00 $16,250.00 $0.00 $0.00 17 INST.2"PVC STREETLIGHT CONDUIT W/PULLROPE 1 LS $4,500.00 $4,500.00 $5.000.00 $5,000.00 $0.00 ' $0.00 18 RELO. EX. FIRE HYDRANT ASSEMBLY COMPLETE 1 EA $5.000.00 $5,000.00 $5.000.00 $5,000.00 $0.00 $0.00 19 MODIFY LANDSCAPE/IRRIGATION&HAND WATER 1 L $2,500.00 $2,500.00 $5,000.00 $5,000.00 $0.00 $0.00 20 SIGNING,STRIPING,MARKERS&MARKINGS 1 LS $3,700.00 $3,700.00 $5,000.00 $5,000.00 $0.00 $0.00 21 TEMPORARY TRAFFIC SIGNAL SYSTEM 1 LS $6.300.00 $6,300.00 $7.000.00 $7,000.00 $0.00 $0.00 22 MODIFY TRAFFIC SIGNAL INCLUDES LOOPS 1 LS $31,600.00 $31,600.00 $40,000.00 $40,000.00 $0.00 $0.00 23 RESET SURVEY MONUMENT 1 LS $5,000.00 $5,000.00 $1,000.00 $1,000.00 $0.00 $0.00 24 0 0 0 $0.00 , $0.00 $0 00 $0.00 $0.00 $0.00 25 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Bid: $263,602.10 $319,242.00 $0.00 Page 2 CITY OF MNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorn Date Date: Request made by: Telephone: Department: 5/20/2004 David Veron 8471 PUBLIC WORKS INSTRUCTIONS: File request in the City Attorneys Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)' (Allow 20 working days)* (Allow 15-20 working days)` ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)" *All deadlines are based on the date the City Attorne 's Office receives the RLS. This requ wed and approved. RECEIVED SUN 0 4 L / ,,Signature of Department Head y ,(/ Cit Ortfunrrngtonoeac, Ci COMMENTS Please identify all attachments to this RLS. Please review and approve"As to Form"the following contract documents furnished by Popular Paver Rental, Inc.for the Beach Blvd Widening at the Southeast corner at Edinger. Project CC 1105 1. Payment Bond#66112514 2. Performance Bond#66112514 3. Agreement-for signature only(with attachment A) 4. r4ruAA"ee 4coa d iy/ Shaded areas for City Attorneys Office use only. This request for Legal Services has been assigned to Attorney extension His/her secretary is , extension Notes: Date Completed: RLS form.doc 5/21/2004 3:13 PM f Council/Agency Meeting Held: 0 D ferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied Ci erk' ign ure Council Meeting Date: May 17, 2004 Depart D Number: 04-039 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION -`r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE S v SUBMITTED BY: WILLIAM P.WORKMAN, Acting City Administrator PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work SUBJECT: Award Construction Contract for Beach Blvd. Widening Improvements at Edinger Avenue (CC-1105) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: On April 26, 2004, bids were received for the Beach Blvd. Widening Improvements at the southeast corner at Edinger Avenue (CC-1105). Staff recommends award to Popular Paver Rental, as the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $500,000 have been budgeted in the Orange County Transportation Authority (OCTA) Grant Fund, Beach/Edinger Improvements, Street Improvements Account No. 87390003.82300. This amount includes grant funds in the amount of$452,519, and $47,500 matching funds from Traffic Impact Fund. The engineer's estimate was $259,566. Recommended Action: 1. Accept the lowest responsive and responsible bid submitted by Popular Paver Rental, in the amount of $220,116.41 for the Beach Blvd. Widening Improvements at the southeast corner of Edinger Avenue (CC-1105); 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. Abandonment of the project would result in the loss of grant funds. E r�� �"� REQUEST FOR ACTION �.) MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER:PW 04-039 Analysis: In 1997, the City received funding from OCTA through the Intersection Improvement Program (11P) in the Combined Transportation Funding Program (CTFP), to construct a right-turn pocket at the southeast corner of Beach Boulevard and Edinger Avenue. Since that time, OCTA has authorized time extensions to the City to design and construct the proposed improvements due to on-going negotiations with CalTrans on the preferred design alternatives. The project will include the removal and replacement of pavement and street improvements, to accommodate a new 12-foot wide rubberized asphalt concrete right-turn pocket and new concrete sidewalk. Additional improvements will include the modification of storm drain box culvert with utilities adjustments and relocations. The grant percentage (92%) of the awarded amount is reimbursable to the City for construction and construction engineering costs. On April 26, 2004, bids were received and publicly opened by the City Clerk, and are listed below in ascending order: Bidding Contractor Bid Amount 1. Popular Paver Rental $213,508.30 (Corrected to: $220,116.41) 2. Ail American Asphalt $233,600.00 3. Palp, Inc., (Excel Paving Co.) $254,550.75 (Corrected to: $244,550.75) 4. All American Asphalt $263,602.10 5. Nobest Inc. $319,242.00 The reference check for Popular Paver Rental provided acceptable responses from past clients. Therefore, staff recommends that the City Council accept the bid from Popular Paver Rental, the lowest responsive and responsible bidder. Public Works Commission Approval: The Public Works Commission reviewed and recommended the action on October 20, 2003, by a vote of 7-0-0. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Class 1, Section 15301. Attachmentr;s): City Cler)k's Page Nu6iber Description 1 Location Map 2 1 Sample City Funded Construction Contract RCA Author. Duncan Lee G:1R C A1200410"39 May 17 Lee(Beach Widening by Edinger CC 1105).doc -2- 4129/2004 8:41 AM V V ATTACHMENT # 1 v v �o- �G QP BOLSA AVE. F- F-I H H NTS 0 V] V7 V) Q Mc FADDEN AVE. Li �; PROPOSED PROJECT Z N v EDINGER n AVE. Z a � a = z HEILm °" 3 z AVE. a N m 0 0 w Li ~O a WARNER p 0 AVE. c� SLATER AVE. TALBERT AVE. ELLIS AVE. GARFIELDV AVE. v in (n YORKTOWN AVE. z ADAMS J z AVE. V 7w a INDIANAPOLIS AVE. X 0 L z m o ATlANTA AVE. m HAMILTON AVE. y�Y BANNING AVE. I BEACH BLVD AT EDINGER; CC- 1105 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS - V U ATTACHMENT #2 V CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE QF CONTENTS Page-No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10, INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD IIARMLESS 12 19. WORKERS'COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION IS 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. I,MMIGRATION I8 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ,a California , hereinafter referred to as"CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project,hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties covenant and agree as follows: 1. STATEMENT OF WORK:ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PR03ECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items,services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT,during its progress or prior to acceptance by CITY, from agree/fonnVchy eonsd4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with The work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work,except such as arc 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; agreelrorms'cily consIMA3 2 V V 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 JVorks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR'S proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agredforms/city eonstf"3 3 Q U CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW,save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR,then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents,to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutive from the day the Notice to Proceed is issued by DPW,excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all lgrce/ronnskity const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. 1Vhcn dirccted to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreelformsiciry cons6'4-Q3 5 U U 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(I 00%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%)of the final contract price, including all change orders, to warrant such performance for a period of one(1)year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agrcdforms/city const/4-03 6 V V 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/DFLAYS It is agreed by the parties hcreto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ( per day for each and every working days 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 hcreto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/romiVcity consV4-03 7 V V 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, Roods, epidemics, quarantine restrictions,strikes,unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall,within fifteen (15)days from the beginning of any such delay(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act,neglect or default of CITY,or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or ,greNfomw1city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agmdforms/eity const/4.07 9 V ki 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 arc either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount 3 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 agreeJforms(city eonsd4-03 10 V 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 Iess 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. WiTIIHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. egredformslcity const/4-03 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEI`fNIFICATiON,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all,claims,damages, losses,expenses,Judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence,except where caused by the active negligence,sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies arc 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 el seq. of this Code, which requires every employer egredforrWcity eonsV4-03 12 U L to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer`s liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT,and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($I,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, :its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 U V coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONfRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention,or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF _INSURANCE: _ADDITIONAL _INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force;and 3. promise to provide that such policies will not be canceled or modified without thirty(30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOWs defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/fotma/city eonst/4-03 14 V 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 CLAW Pursuant to Public Contracts Code §9202,CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(I0)days after such Notice of Intention has been served on CONTRACTOR,CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. egmlfonnslcily consV4-03 15 V 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination,under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 '/2%) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agrcelforms/city eonst/4-03 16 U V 28. STOP NOTICES,RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimburscd 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 I hcreinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled 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: 2000 Main Street Huntington Beach,CA 92648 agmdfmms/city const/4.03 17 w 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 arc not representative of matcrs included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are express[y 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 agrcdfomWcity consV4-03 18 shall bear its own attorney's fees,such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agrWfonnVcity conn'"3 19 V irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's conscndapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be conscntlapproval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into Phis 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 parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agrWforms/ciry constM-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chairman/Presidwt/Vice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chiet Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agreefotmstchy constt"3 21 V W RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Award Construction Contract for Beach Blvd Widening Improvements at Edinger Avenue CC•1105 COUNCIL MEETING DATE: I May 17, 2004 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if ap2 licable Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by qLtX Attome Not Applicable Certificates of Insurance (Approved by the Cft Attome Not Applicable Financial Impact Statement Unbud et, over S5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report 1f a licable Not Applicable Commission, Board or Committee Report If applicable Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO WIRDED Administrative Staff ' Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)I (Below Space For City Clerk's Use RCA Author: Duncan Lee CITY OF HUNTINGTON BEACH BEACH BLVD. WIDENING AT EDINGER., CC-1105 BID DATE: APRIL 26, 2004 TIME: 2:00 PM ENGINEER'S ESTIMATE: $259,566 BID LIST ----" U '131D'Am0UNT ':'1 0. 'I"SIDDER'S"NAME T0TA :IN ------- ----- 1 All American Asphalt 3IC,> 2 Alliance Street Works 3 Baxter-Griffin Co., Inc. 4 DMA Greencare Contracting Inc. 5 Elite Bobcat Service 6 Excel Paving CompantD_11—wq RUA),-, 7 GMC Engineering Inc. 8 Griffith Company . 9 Highlight Electric Inc. 10 Hillcrest Contracting 11 '-Moore Electrical Contracting Inc. 12 Nobest Inc. 6R 00 13 Pavement Recycling Systems 14 Popular Paver Rental 13 -e) 0 15 R.J. Noble 16 Sequel Contractors, Inc. 17 Savala Construction 18 Steiny & Company, Inc. 19 Sterndahl Enterprises, Inc. 20 21 22 23 file: Bid List CC-1 105.xls � r y I 1004 IIUNTnI'GTD!J Ell APR 2 6 P 2: 00 I r cr s SO AIM [7 [-) 2� A Hone mvrw sm n BIDVAd ltfit Notice Is hereby given H U N T i N G T G N B E A C H (,. that scaled bids will be received by the City of Huntington Beach at the oflice of the City Clerk aI City Hall, 2000 Main Street, Huntington IN-DE-PEN-DE-NT Beach, CA 92548. until ----- the hour of 2:00 PM on April 26, 2004, at which time bids will be opened publicly end read aloud in the Council Chambers for the BEACH BLVD WIDENING tM-' PROVEMENTS AT THE SOUTH EAST CORNER Ry EDINGER AVENUE,' CC-t IOS in the city of. Client Reference ( '_ V� i� V G✓� Huntington Beach. l� A set of plans, Speci-r fications, and contract documents may -be i 4Znj obtained starting April Huntinaton Beach Independent Reference 8, 2004 at City Hall, �— Department of Public Works upon receipt of s non-refundable fee of 45.00, sales tax in.. eluded, if picked up or$65.00 if mailed. Each bid shall be made On the Proposal Farm provided in the contract i documents,and shall be accompanied by a car- lified or cashier's check or a bid bond for not less than 10% of the amount of the bid.made:ar advertiser: payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the labor Code of the State of closed is a clipping of your ad from the first publication, beginning on California and other Laws of the State of -04 and expiring on t_1-Aa California opplicabta thereto, with the ex• ception only of such variations that may b0 , required under the ou need to make any changes or corrections, please call me at your special statutes pursu- ant to which proceedings liest convenience. hereunder are taken end which have not been superseded by the —� Provisions of the labor Code. Preference to a cost of this ad is labor shall be given only in the manner provided by law. I No bid shall be con- sidered unless It is made Tanks for your cooperation and patronage. on a form furnished by the City of Huntington Beach, Department of Public Works, and is _ made in accordance with - the provisions of 'the ncerely, proposal requirements.. , Each bidder must be f1 Licensed. and also I/ prequaldied as roquired by law. 1 The City Council of the_ City of Huntington Beach ehael Sletten reserves the right to °)act any all bids. ; l Advertising By orderr ga of the City � � Council of the City of Huntington Beach. Cali. fornia the 20th of October2003. Canine Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Published Huntington Beach Independent April 8,15.22.2004 042.399 18682 Beach BIvd.,Ste.160,Huntington Beach,California 92646 (714)965 3030 'Fax(714)965 7174 A Publication of Times Community News •A Division of the Eas Angeles g'imes V 5? CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573--- Attention: Connie Brockway _ Rate: ^_ _ _ _ _ Aari12202004 To: City Clerk's Office _ _ Project/C.C.No., C.C.No. If 2000 Main Street Regarding: Beach Blvd Widening!m rovements Huntington Beach, CA 92648 at the South East Comer by Edinger Avenue ❑ We are sending you; ❑ By Mail ❑ By Fax Mail(Humber 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 f Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resusmit__copies for approval ® Foryour use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other; Remarks: On October 20th, 2003, the City Council authorized the advertisement of the Beach Boulevard Widening Improvements at the South East Corner by Edinger Avenue, CCA 105. Please find attached the Notice Inviting Sealed Bids for advertisement on 419/04, 4/15/04 & 4122/04. The bid opening is scheduled for Monday,2:00 pm,4?26!04. Please contact me at 375-5118 with any questions you may have. C: file By: �is�z.. Duncan tee,Associate Civil Engineer GACo:sixucrtonComnwTs(CCs)\CCll03\CMmF\N(Sl3TLmmnuru.ToC3Iz[z)oc NOTICE INVITING SEALED BIDS for CC-1105 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PINI, Monday on April 26, 2004, at which time bids will be opened publicly and read aloud in the Council Chambers for the BEACH BLVD WIDENING IMPROVEMENTS AT THE SOUTH EAST CORNER BY EDINGER AVENUE, CC-1105 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting April 8, 2004 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$45.00, sales tax included, if picked up or$65.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto,with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of October 2003. _Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 MSB-CC-1105.doc ( � ) ` CITY OF HUNTINGTON BEACH MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW 03-065 Council/Agency Meeting Held: :j��&3 Deferred/Continued to: )(,,.Approved O Conditionally Approved 0 Denied b5nuy City rk'S S' ature Council Meeting Date: October 20, 2003 Department 1D Number: PW,03-965 CM CITY OF HUNTINGTON BEACH -_ REQUEST FOR ACTION co r tor".: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator CEfa y PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: AUTHORIZE ADVERTISEMENT OF BEACH BOULEVARD WIDENING AT EDINGER AVENUE PROJECT, CC-1105 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement. of Issue: Plans and specifications for the Beach Boulevard Widening, South of Edinger Avenue Project, C-1105, are in final preparation, and will be ready upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Funding Source: The project is funded by a grant through the Intersection Improvement Program (IIP) in the Combined Transportation Funding Program (CTFP). The Orange County Transportation Authority (OCTA) for this project approved a maximum amount of $417,519. Funds are budgeted in OCTA Grant Fund, Beach/Edinger Improvements, Street Improvements 87390003.82300. The engineer's estimate is $230,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to advertise for bids for the Beach Boulevard Widening, South of Edinger Avenue Project, CC-1105. Alternative Actionfs): Deny approval of the Intersection Improvement Program project and forego the improvement project and the respective awarded CTFP grant funds. F-<�' G:1R C A12003103-065 Oct 20 Lee(Beach Widening at Edinger CC1105).doc TY 10=003 9,41 AM � � u REQUEST FOR ACTION MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER:PW 03-065 Analysis: In 1997, the City received funding from OCTA through the UP in the CTFP, to construct a right-turn pocket located at the southeast comer of Beach Boulevard and Edinger Avenue. Since that time, OCTA has authorized time extensions to the City to design and construct the proposed improvements. The proposed improvements will include the removal and replacement of pavement and street improvements, to accommodate a new 12' wide rubberized asphalt concrete right-turn pocket and sidewalk. Additional improvements will include the modification of storm drain box culvert with utilities adjustments and relocations. The awarded amount is reimbursable to the City for construction and construction engineering costs. The project will be advertised after Caltrans issues an encroachment permit for the construction activities and improvements on Beach Boulevard. Approval is anticipated within the next 60 days. Public Works Commission: The Public Works Commission reviewed and approved this project on September 17, 2003, by a vote of 6-0-1 (Gartland abstain). Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Class 1, Section 15301. Attachment(s)• DescriptionCity Clerk's Page NuTber No. F-- TFocation Map RCA Author: DSL:cf i f G:1R C A12003103-065 Oct 20 Lee(Beach Widening at Edinger CC1105).doc -:3- 101112003 5:33 PM a u v ATTACHMENT # 1 �o qy G OAF BOLSA AVE. Co NTS Mc FADDEN in JAVE. _ PROPOSED PROJECT z N v EDINGER o AVE. a. o v 0 a 3 0 z FiEILm m 3 Z AVE. m 0 m w a 0 ¢ WARNER o 0 AVE. m ca SLATER I IAVE. 405 TALBERT I AVE. rl PAdFlC ,o ELLIS AVE. GARF1 ELD AVE. C tn-: o� �g YORKTOWN AVE. 3 0 ��yl z ADAMS g z AVE. 0 ft z _ INDIANAPOLIS AVE. o a 0 x � ATLANTA AVE. m D m HAMILTON AVE. OCEAN yY BANNING AVE. i BEACH BLVD AT EDINGER; CC-- 1105 LOCATION MAP '1i .� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS - RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT OF BEACH BOULEVARD WIDENING AT EDINGER AVENUE PROJECT, CC-1105 COUNCIL MEETING DATE: October 20, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & le islative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in fuL ��Py the Chty AHome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Atfome Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds if applicable) Not Applicable Staff Report If applicable)_ Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant Ci Administrator Initial City Administrator Initial GrxJ Cit Clerk EXPLANATION FOR RETURN OF ITEM: Only)I (Below Space For Cify Clerk's Use RCA Author: DSL:cf