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HomeMy WebLinkAboutR J Noble Company - 2009-06-01 Huntington Beach Independent has been adjudged a newspaper of ocneral circulation in Huntington Beach and Change County by Decree of the Superior (ourt of Orange(ounty State of California under date of Aug 24 1994 Lase A50479 ` ROOF kOW PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) SE iA aE�vm�s�cams for the constru twfi 4f I am the Citizen of the United States and a MAGNOMSt�E� FROM resident of the County aforesaid, i am over ATtANTAAITpPAtlFlt COAST H�NWAv the age of eighteen years, and not a party toffstAuttt�tt NO.t1'Pt�sEt to or interested in the below entitled matter in the CtOFMNtl�GMON$EACH F- - PUBLIC I am a principal clerk of the HUNTINGTON BEACH, asMAGE�NCY, inCE IS y�es�sea GIVEN bds fortthe eabo sated HUNTINGTON and will receive such bids in the office of the City Clerk, Second Floor, 2000 BEACH INDEPENDENT, a newspaper of Main,Street, Huntington Beach, California 92648, up to the hour of 3:00 P.M.on May 14,2009 Bids will be publicly open in the Council Chambers general circulation, printed and published in unless otherwise posted Copies of the Plans,Specifications,and contract documents are avwtabie the City of Huntington Beach, County of from the Office of the Director of Public Works, 2000 Main street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable Orange, State of California, and the fee if picked up or payment of a $60,00 nonrefundable fee if sent by I an overnight service provider(bidder shall pay additional costs for special attached Notice is a true and complete copy delivery) as was printed and published on the I p Any contract entered into pursuant to this notice e p incorpovisio s of the provisions of the State Labor Coda Pursuant to the rovisions of the Labor Code of the State of California,the minimum prevailing rate of per following dates) diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of industrial Relations of the State of California, which are on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648 The AGENCY wilt deduct a 10% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Csi;fornia Government Code,Section 4590 The Contractor shalt be betieficiat owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business April 23, 30, 2009 enterprises will be afforded full opportunity to submit bids n response to this notice and will not be discriminated against on the basis of race May 7, 2009 color,national origin,ancestry sex,or religion in any consideration leading to the ewer of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the instruct,ons to Bidders as determined by the AGENCY The bid must be accompanied by a certified check cashiers check, or bidder's band made payable to the AGENCY for an amount no lass than 10f. of the amount bid The successful bidder shall be licensed ,n accordance with provisions of the Bustaliss and Professions Code and shall possess a State Cartrac+or's License Class A at the time of the bid opening The successful Contractor and his subcontractors will be required i declare, under penalty of perjury, that the to possess ""lption: see#project mrheAGENcx primarily � Pr ct 0xscwf Lion: The consists rimar�i of grinding of +faa existing pavement, removal of failed roadway sections, asphalt paving of foregoing is true and correct failed areas,avenlaying the streets w th rubberized asphalt,limited removal and installation of concrete curb and gutter, concrete sidewalk, curb access ramps, tree +rrei's, landscaping adjusting manholes, monuments and valves to grade,and installing traffic loops with strip,rg J The contract allows the Contractor 75 working days to complete the contract Executed on May 7, 2009 �J The engineer s estimate for the wort, included in this contract is $1,140,000.00 at Costa Mesa, California The AGENCY reserves the right to reject any or all bids, to naive any irregguterity and to take ad bids under advisement for a maximum period of 6p days BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH CALIFORNIA the 2no day of September 2008,by RESOLUTION 2008 54, Attest st±oar,L Flynn T--- r-• ' ' ' ,' CITY CLERK OF THE CITY OF HUNTINGTON BEACH! Signature,' Published Huntington Beach lndependent April 23 30, May 7 2009 044-583 RECEIVED BY�` _ CITY CLERK RECEIPT COPY 1_..., + Return DUPLICATE to ' `"ti City Clerk's Office (Name) i after signing/dating '1-4 ; ih (Date) 4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTA► COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: j 1 DATE: SUBJECT: Bond Acceptance I have received the bonds for 1,4 Q J l i (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved �� 1 ! !i 1 Agenda Item No. pp (Council Approval Date) j City Clerk Vault No. �� yr #27 g1followup/bondletter.doc •� iYy f Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTING TON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martiner, Constr ti 4jectodinator DATE: April 27, 2010 SUBJECT: Retention Release Payment Company Name: R. J. Noble Co Address: 15505 E. Lincoln Aveune City, State and Zip Code: Orange, CA 92856-6620 Phone Number: (714) 637-1550 Business License Number:A 005420 Local Address: N/A Notice of Completion Date: September 28, 2009 Contract Purpose: Retention Release for CC# 1341, Magnolia Street Rehabilitation The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at th' time. �-7 D to Travis K. Ho ins PE, Public Works Director Bond Su Company parry Approved as to Credi Fbcaens !Rating I certify that there are no outstanding invoices on file and t B nd Surbty Company is approved as to Credit/ Financial Rating. idenrisFsr„-City 7' r Date Shafi reidenrich, City Treasurer 1 certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. --datb n F 6Clerk Retention 3 Signature Memo.doc 4/27/2010 1:15:00 PM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Magnolia Street Rehabilitation CC-1341 Project: Street Rehabilitation from PCH to Atlanta Ava. fluntingtnn Rnnnh The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15505 E. Lincoln Ave Executed this 26th day of April ,20 1g at Orange , California i R.J.Noble Company i (Type Contractor Name) By: s Name: [Type N e] Craig Porter, Vice President Title: [Type Title] AS`ff3 CITY AMRNEY -TLC" 03•ab •� 1 247542.1 CONTRACTOR'S CERTIFICATE 1, Craig Porter , state and certify that: (Name of Declarant) l. R.J.Noble Company is the general contractor to the City of Huntington Beach ("City") on Contract No.CC-13 4 1 Magnolia Street (the "Contract") for the construction of the public work of improvement entitled: Magnolia Street Rehabilitation from PCH to Atlanta Ave (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the.Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none,write"NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 15505 E. Lincoln Ave,Orange, Ca on this 26th day of April ,2010 . x (Si940&we o eclarant) APPROVED AS TO FORM Craig Porter,Vice President B y: �5 r slip/o � 3• ��•�� Name: [Type Name] Title: [Type Title] a 245914.1 j . h Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach,CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Magnolia Street Rehabilitation CC-1341 Project: Street Rehabilitation from PCH to Atlanta Ave Huntington Beach The undersigned contractor on the above-referenced project {"Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15505 E. Lincoln Ave Executed this 26th day of April , 20_L(L, at Orange, Ca , California. R.J.Noble Company (Type Contractor Name) By: Name: [Type Na Title: [Type Title] E 1 R c�iJR + '. e ', A c�Rr1Ex Craig Porter, Vice President _TU� 3 -3,CKP 1 245911.1 CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR. C7 AIA Document G707 SURETY C� BOND NUMBER 105210314 (Instructions On reverse sine) OTHER n TO OWNER: CITY OF HUNTINGTON BEACH ARCHITECT'S PROJECT NO. (Nameandactdress) 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONTRACT FOR CC-1341 PHASE 1, MAGNOLIS STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE, .PHASE 1 PROJECT:CC-1341 MAGNOLIA AVENUE REHAB ILITATIONCONTRACT DATED:MAY 29, 2009 (Na meandaddress) FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE, PHASE 1 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and addrecv o(Sureh9 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 SURETY, on bond of (Invert name and address ol'Cwrtractor) R.J. NOBLE COMPANY 15505 E. LINCOLN AVE. ORANGE, CA 92856 CONTRACTOR, hereby approves of the final payment io the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address gl'Ouvter) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 OWNER, asset forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: APRIL 14, 2010 (Insen in writing the monih.Jollotecd fit=the ntnneric daft,and pear-) TRAVELERS CASUALTY AND SURETY .COMPANY OF AMERICA (inn lure o(auth -izec(r ventalitx) --`-- ------- ----------- Attest: MIC EL D. STONG, ATTORNEY-IN-FACT (Seal) ----- ------ --- -- ------ - --- - - (Prirt[er!nurrte oral ti!/e) CAUTION: You should sign an original AIA document that has this caution printed in red. An i I original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited license for Reproduction of this document. 0 AIA DOCUMENT G707•CONSENT OF SURETY TO FINAJ.I'AYMF.N'i'• 1994 F;DPIION• 'ALA ©1994 •11iF AMERICAN INST11MTE OF ARCHITFCIS.1735 NEW YORK AVENUE,NW,WASH- _ ' 1NGTON,D.C.20006-5292 , WARNING: Unlicensed photocopying violates U.S. copy- G707--1994 right laws and will subject the violatoi to legal prosecution. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On q--lq--Ill before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the offlecr) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,{.a'f whose nameois/are-subscribed to the within instrument and acknowledged to me that he/sheA4tey executed the same in his/heB4heimr authorized capacityE4r4 and that by his/hcr bcir signature(<on the instrument the personX, or the entity upon behalf of which the person(Kacted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. G©comm,#179796$16 }4 NOTARY PUBLIC-CALIFORNIA 110 RIVERSIDE COUNTY Signature of Notary P. tc — (Notary Scat) My Comm.Expires Jute 7,2012 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cal jornia must contain-verbiage.exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate ark towledgment form tntai be ! properly completed and attached to that document., The only exception is if a docutnent is to be recorded outside of California.in such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a doctnnent so long as rite verbiage does not require the notary to da something that is illegal for a notary in Cal&rnia(i.e. certifying the authorized capacity of the signet•). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this farm ljrequired. Number of Pages Document Date • State and County information must be the State and.County where the document signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signets)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public), • Print the names) of document signe(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. a Individual(s) ke/sbe/they,is lere j or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording, 0 Corporate Officer o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.if seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 0 Partner(s) o Signature of ibe notary public must match the signature on file with the office of the county clerk. 0 Attorney-in-Fact Additional information is not required but could help to ensure this 0 Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ollicer,indicate the title(Le.CEO,CFO,Secretary). • Securely attach this document io the signed document 2008 Version CAPA v 12.10,07 800-873-9865 wivw.NotwyClasscs.com WARNING:THIS POWER OF ATTORNEY 1S INVALID WITHOUT THE RED BORDER AW i POWER OF ATTORNEY TRAVELERS" Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company t Attorney-In Fact No. 222079 Certificate No. 003471270 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Michael D.Stong,Rosemary Nappi,and Jeremy Pendergast of the City of RiyerSltle State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their-business ofguaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or Per elf in ally ac{ions Qrp2-tgceedings allowed by law. �, �� � n k C IN WITNESS WHEREOF,the Companies have caused this ins.trurtntt to be rggned and tttf goiporate seals to be hereto affixed,this 1 St day of February 2010 Farmington Casualty Compny r '' St.Paul Mercury Insurance Company 5 Fidelity and Guaranty l usar , 0oaiipaz •�f'`` Travelers Casualty and Surety Company Fidelity and Guaranty Insue Underwrifers,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company � f.tONPONAT'4 Q. PORgJ'njn o 3 �(l ^-..+.,nwlq) - z �1 w E:O Ivig00. f•i t98z o7977 =m f: ,� a NO Y � �� `•SEA " �s •o w'�y COtW, tti96 �cr��a �� � 'roi Lo. �i'.,, Lftcl �.:SBAL;%b 'mCONKro a., State of Connecticut By: City of Hartford ss. Georg Thompson, i—ce President On this the 1 St day of February 2010 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �.Yi1<T In Witness Whereof,I hereunto set my hand and official seal. � \\ My Commission expires the 30th day of June,2011. 0 Marie C.Tetreault,Notary Public 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATT R EY IS INVALID WITHOU BORDE MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 BOND NO. 105210314 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That R.J. NOBLE COMPANY as Principal, hereinafter called Contractor, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, in the penal sum of$1,329,246.08 ,for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement, dated MAY 29, 2009 entered into a contract with Owner for CC-1341 MAGNOLIA AVENUE REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE, PHASE 1 in accordance with the General Conditions, the Drawings and Specifications,which contract is by reference incorporated herein, and made a part hereof, and is referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE year(s) from the date of substantial completion of the work provided for in the Contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shalt give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 14th day of APRIL , 2010 IN THE PRESENCE OF : R.J. NOBLE COMPANY (Seal) Principal Title MI EL J. CARVER, PRESIDENT TRAVELERS CAS ALTY MSURE COMPANY OF AMERICA By Ir MqyctEL D. ST N Attom - Fact S-2326-1 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 04/16/201.0 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER Name(s)of Signor{s) who proved to me on the basis of satisfactory evidence to be the person.0 whose name(8) is/.v.®.subscribed to the within instrument and acknowledged to me that he/94MPtey executed the same in his/g&AiIheir authorized capacityW, and that by his/laer##ei.signature�K on the JENNIFER DE IONGH instrument the personA, or the entity upon behalf of Commission # 1771186 :-� Notary Public -California z which the person(pl acted, executed the instrument. Z Orange County P COMMEX09S ct28.2o11 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signs e i n re f Notary Public OPTION Though the information below is not required by law,it may prove va uable to persons re 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: Cl Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General O Partner—❑ Limited ❑ General O Attorney in Fact ❑Attorney in Fact a El Trustee Top of thumb here ❑Trustee Top of thumb here !`I Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: — 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402-wwwNationaiNotary.org Item tl5907 Reorder:CallTb(I-Free 1-600-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On Lt-1 9—10 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person(.a'f whose name(rf is/arc subscribed to the within instrument and acknowledged to me that he%sley executed the same in hsA�r authorized capacity ic4 and that by his/hedtlrir signaturc(<on the instrument the personX,, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seat. Gomm,#1796916 N NOTARY pUSLIC-CpJ(FORNIA RNFRSIDE COUNTY w My Comm.Expires June 7,2112 Signature ofTlotary Public (Notary Seal) ---� ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknotrledgmenr completed in California muse contain verbiage.exactly qs DESCRIPTION OF THE ATTACHED DOCUMENT appears above in Me notar7,section or a separare ackwirledgntent form attest be proper(P completed and attached to that document, 77te only exception is if a document is to be recorded otaside of Calfarrtia.%msuch instances,any alternative aclatawledgutew verbiage as.may be printed on suclr_a docrtntent so long as the (Title or dcscriptiorenfattached document) verbiage does not regtdre the notary to do something that is illegal for a notary in California(i.e. certfidng the authorized capacity of rite signer), Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach thisfornt ifrequired Number of Pages Document Date • State and County Information must be the State and County where the documentsigner(s)personally appeared before the notary public for acknowledgment: a Date of notarization must be the dale that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) . The notary public must.print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personalty appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - indicate the correct singular or plural forms by crossing off incorrect forms(ix. ❑ individual(s) he1.shc/;Ite);-is late)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer a The notary seal impression must be clear and photographically reproducible. Impression must not cover text of lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment forth. ❑ Partner(s) • Signature of the notary public must match the signature on rile with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a ditl`erent document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer;If the claimed capacity is a corporate officer,indicate the title(Le.CEO,CFO;Secretary). Securely attach this document to the signed document 200E Version CAPA v12.10.07 800-873-4865 wnv%v.NotaryClasscs.com WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AW TRAVELERS.l POWER OF ATTORNEY Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St,Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 222079 Certificate No. 003471269 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St-Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company;and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Michael D.Stong,Rosemary Nappi,and Jeremy Pendergast of the City of #liv State of alifa..„:,, their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per4uicl`in uh"'4"ions gpPceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instzilt to"bc s}gnetl and thegorporate seals to be hereto affixed,this 1St day of February 2010 Farmington Casualty Co C, St.Paul Mercury Insurance Company Fidelity and Guarantyirstirancbmparl = Travelers Casualty and Surety Company Fidelity and Guaranty Insu-apse Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GASUA�� J�f\0.E 6y r.�TN•i MfG pj 1N3{/gq JPtTY AMpq twa, Y Oar l" tl 4� �A «OAPOR Y 4J:' ':ti�,'i p Haarr�oAo, �b�E�aa `2._ 1951 may` o. ��.,5EAGicol �saSEALjDg �\ uxu+• nNCE Isw.Ap'l !g......f� yf •P • �ttt State of Connecticut By: City of Hartford Ss. Georg Thompson, J., ice President On this the 1St day of February 12010 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and,that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. L�G Marie C.Tetreault,Notary Public CV 58440-4-09 Printed in U.S.A. WARNING:THIS POWER QF ATTQRNEY IS INVALID WIIUQUT JUE BED B R RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) �. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich City Treasurer FROM: DATE: ZZ Z�Q/,U SUBJECT: Bond Acceptance I have received the bonds for �4 � (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ��� V J T Guarantee and Warranty Bond No. Re: Tract No. CC No. l MSC No. Approved Agenda Item No. (Council Approval Da ) .City Clerk Vault No. �• � u #27 g1followup/bondletter.doc Recorded in Official Records, Orange County PLEASE COMPLETE THIS INFORMATION Tom Daly, Clerk-Recorder - I IOAlI011GII IS11100110101119G1119B1119BIAI GIIBI I101911o1911919191oB 111119�I N0 RECORDING REQUESTED BY: FEE 200900051229312:09pm 09/28/09 100 286 N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AND WHEN RECORDED MAIL TO: - - - - - - WHEN RECORDED MAIL TO: City of Huntington Beach Department of Public Works Engineering Division Attn: Robert A. Martinez P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 1 ,THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: tN F NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to R. J. Noble Company, Inc. who was the company thereon for doing the following work to-wit: MAGNOLIA AVENUE REHABILITATION, PHASE 1; CC-1341 That said work was completed September 17, 2009 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 September 17,2009, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Travelers Casualty and Surety Company of America 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 September 21,2009. Director of Public Works or City Engineer ity of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California,this September 21,2009. Director of Public WQks or City Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 04'_059-TITLE PAGE(R7/95) ��, ,,r`�..-•,,,•...n�- -.-..,v.n.�- .v-�:-t"" ...,«...V,.:.:...........-- ........•,•.-y.::'"Y1�-- ,--J.ft_;=•-:-..,_:.,...,..:. .,.:,,�rr�_.......,. •- •�. .�,;-,,�%,,,-.� :,;>a;,ew>_va.. ��,,,�.'._..,- RECEIVED BY- CITY CLERK RECEIPT COPY •:^�+ Return DUPLICATE to City Clerk's Office (Name) r"1 after signing/dating (Date) 1 J, CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION - 4 TO: Shari Freidenrich, City Treasurer , FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for / (Company Name) Faithful Performance Bond No. 15c),, /0-3/� Labor and Material Bond No. ���/0 3 `', Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. MSC No. 1 i Approved (1,,2 1 �� Agenda Item No. � (Council Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN .�J THE CITY OF HUNTINGTON BEACH AND FO CMG �41 9 TABLE OF CONTENTS---- ��` Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ��• .. 9'44yo, FOR THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �L. �(. , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter -. referred to as "PROJECT," more fully described as in the City of Huntington Beach, and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference,with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum cw m -�N? i-IEdN it 3its 8s.5a not to exceed i 7WO , Dollars ($ ), w WrVr 9F PrC44 ( 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 )45 to completion within B t,plfe,� from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate repair or replacement at CONTRACTORS risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 of 22 the sum of +U Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be' granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or 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 g/agree/surfnet/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement,whether or not changed as g/agree/surfnet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final . payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention without the express written consent of CITY; however an insurance policy"deductible" of$5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10)days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach -• �' ATTN: • b44?�MN � � • 2000 Main Street Huntington Beach, CA 92648 *y_,.,�yy , G�%- e' ' — 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on J ck-tj E O/ 20 09. CONTRACTOR CITY OF HUNTINGTON BEACH, a municip orporation of the SZtfalifornia R.J. Noble Company 15505 E. Lincoln Avenue Mayor Orange, Ca 92865 By: - ' y Clerk Craig Porte , Vice President print name INITIATED AND APPROVED: ITS: (circle one)Chairman/Presi ent/Vice President AND Director of Oublic Works By: REVIE APPROVED: Steve Me doz , Secretary print.name ITS: (circle o`ne)Secretary/Chief Financial Officer/Asst. City dministrator Secretary-Treasurer APPROVED AS TO FORM: City Attorney g/agree/surfnet/cityconst 12-07 22 of 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT. State of California County of ORANGE On 0 5/2 9/0 9 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CRAIG PORTER Name(s)of Signer(s) r who proved to me on the basis of satisfactory evidence to be the persono whose name(,s'J is/ subscribed to the within instrument and acknowledged to me that he/slaeahey executed the same in his/hefA4e4ir authorized capacity(ies�, and that by his/ ek signature,O on the ; . . JENNIFER DE IONGH instrument the person(4, or the entity upon behalf of Commission # 1777186 which the person'} acted, executed the instrument. Notary Public - California i ' �.��� y I .. Orange County fAVComm.ExpiresOct28,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above p�q/ Signature of Notary Public OATi+®Itl/roL 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual El Corporate Officer—Title(s): ❑Corporate Officer—Title(s): El Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact El Attorney in Fact a ElTrustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: �02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 0 5/2 9/0 9 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose nameA is/are subscribed to the within instrument and acknowledged to me that he/skao4ey executed the same in his/Ae#their authorized JENNIFER DE IONGH capacity(je<, and that by his/bal;Aleir signatureLo on the Commission # 1771186 instrument the person(', or the entity upon behalf of _® Notary Public -California = which the person(K acted, executed the instrument. Z ` `% Orange County MyCOMrn.Exp1resOct29,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS.my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public oPreonraL / 1 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • * Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 { ADDENDUM NUMBER ONE For i MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE CC NO. 1341,PHASE 1 in the CITY OF HUNTINGTON BEACH May 6,20D9 Notice To All Bidders: i Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE—ADDENDUM 1 ' Changed item No.12 from"Traffic Striping"to"Traffic Striping per Plan". Changed Item No.13 from"78 EA Traffic Loops"to"82 EA Traffic Loops". Changed Item No.26 from"No.26"to"No.26" 2) REVISED BID SCHEDULE—ADDENDUM 1 { i Deleted Item No.26 which read "Install protective waterproofing per Appendix VII",since this item is an additive item and is not an item in the Bid Schedule, 3) INCLUDED SIGNING AND STRIPING PLANS The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project i Plans as Sheets 1 to 4 of Signing and Striping Plans. Bidders shall submit SECTION C with the most current revised bid schedule entitled "Revised Bid Schedule. Addendum 111. Award will be based on most current revised Bid Schedule. This is to acknowledge receipt and review of Addendum Number One, dated May 6, 2009 j R.J. NOBLE COMPANY X Company Name By i STEVE ME DOZA, SECRETARY f MAY 7, 2009 Date �. i All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at(714)536-5431. I f 5 S J d SECTION C PROPOSAL for the construction of MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C.NO. 1341,PHASE 1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date specified in the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER.understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit price figures shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the. BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find 1 o o bid bond in the amount of$ ----------- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature ADDENDUM 1 MAY 7, 2009 X STEVE MENKOZA, SECRETARY C-2 SECTION C PROJECT BID SCHEDULE MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 BASE BID: TOTAL AMOUNT BASE BID IN FIGURES: $ TOTAL AM UNT BA E BID IN WORDS n m ` ion �&I) Nnh-6 UV;so *vo h L4 IrA L4-I'd rfollarS 61 via c-2.I SECTION C MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 ADDITIVE ALTERNATE BID ITEM: FURNISH AND INSTALL BRIDGE DECK MEMBRANE OVER THE ENTIRE BRIDGE DECK SURFACE, INCLUDING ALL ASSOCIATED WORK,PER PLANS, SPECIFICATIONS AND APPENDIX VII. TOTAL AMOUNT LUMP SUM BID IN FIGURES: s 90 000 , �b TOTAL AMOUNT LUMP SUM BID IN WORDS: I on rS a h d Y-) D Cen+ S C-2.1A Magnolia St.CC-1341 REVISED PROJECT BID SCHEDULE-ADDENDUM #1 twit s.4�ri1�[t toR ........... ............. ................. .... ...................... ................. ....... ........................ ...... I Mobilization Of LS Dollars Cents Per LS 2 1 Traffic Control Plan LS @ one thousand five hundred Dollars $1,500.00 $ 1,500.00 no Cents Per LS 3 1 Fumish Project Traffic Control LS @ fourteen thousand Dollars $14,000.0c $ 14,000.0 ) no Cents Per LS 4 Cold Milling and Header Cutting incl.Disposal of Material& 127045 Fabric SF @ -Z ty-6 Dollars $ 1 _61'1 V-( Cents Per SF 5 3190 Unclassified Excavation incl.Disposal of Matrial and Fabric 61 CY @ +h.i,(hA -hyb Dollars $ $ 0110 Cents Per CY 6 65685 Surface Grind(0.17')incl.Diposal of Material and Fabric SF @ Dollars $ $ zero 0.23 15,107.55 twenty three Cents Per SF 7 7220 Construct Asphalt Concrete(0.17-0.78'per plan) TN @ -(.;e\J t n Dollars $ $ Cents Per TN 8 6460 Construct Asphalt(0.1 TARHM Overlay) TN @ W_ VW�11A 0 nA Dollars $ ,).p y�Y1 Cents Per TN _J 9 19 Adjust Sewer/Storm Drain Manhole to Grade EA @ two hundred eighty three Dollars $283.00 $ 5,377.0C no Cents Per EA 10 5 Adjust OCSD Sewer Manhole to Grade EA @ fniir bundred r'hirt)z fi_ve Dollars $435.00 $ 2,175.0 no Cents Per EA 11 24 Adjust Water Valve to Grade EA @ two hundred eighty five Dollars $285.00 $ 6,840.0( no —Cents Per EA C-2.2 REVISED PROJECT BID SCHEDULE-ADDENDUM #1 Magnolia St.CC-1341 .................... ......................... ........ ...... ................ ...... ...... . ..... ................ ............ .................. ................ ....... .. 12 1 Traffic Striping per plan 0 C4C LS @ -No am wn-o iwsAyid Dollars $A 060, $19,00 0, Ylb Cents Per LS 13 82 Traffic Loop EA @ one hundred eighty five Dollars $ 185.00 $ 15,170.( D no Cents Per EA Remove&Reconstruct Curb&Gutter(CF=8",Includes AB, V 14 680 Slot Pave)per Std Plan 202 LF $40.00 $ 27,200.( @ f orl-y Dollars rui Cents Per LF 15 7240 Remove&Reconstruct Sidewalk per Std Plan 207 SF @ e:>ix Dollars $ $ 44 Cents Per SF Remove&Reconst.Access Ramp(Incl.Depressed C&G, 16 6 Retaining Curb,I'Slot Pave&SW) EA @three thousand one hundredDoiiars $ 3,100.00 $ 18,600.(0 no Cents Per EA 17 4 Install Truncated Domes into existing Ramp EA @flve blinel-red fJftPPj3 DollarsI $515.00 2,060.0( no Cents Per EA 18 12 Survey Monumentation EA @ two hundred sixty five Dollars $ 265.00 $ 3,180.0( no Cents Per EA 19 1 Adjust Survey Monument Well to Grade EA @ three hundred fifty five Dollars $ 355.00 $355.00 no Cents Per EA 20 1 Establish New Survey Monument per Std Plan 219 EA @three hundred sixty five Dollars $ 365.00 $ 365.00 no Cents Per EA 21 1160 Remove and Reconstruct Driveway Approach per Std.Plan 211 SF @ Dollars $ 9.25 $ 10,730 00 tw,.nt-w f J 17 A Cents Per SF C-2.3 REVISED PROJECT BID SCHEDULE-ADDENDUM #1 Magnolia St.CC-1341 ............. >::::. tSe:. ..>:::::::a�+ �viltit�:Cteiltl tk:-: :::1Yo::��::•iiaait3ty:�:................v�rSt€teic�gn�yvo�ils.. .. -:Uiil �l�rl�e•::::=:>:�A:it ��:� 22 1 Adjust Monitoring Well to Grade EA @ three hundred fifty Dollars $350.00 $ 350.00 no Cents Per EA 23 1 Remove&Install New Traffic Signal Pullbox EA @ f our blindred ca,%Tent3�f i Dollars $475.00 $ 475.00 no 7 Cents Per EA 24 1300 Install 2"X 6"Redwood header&stakes adjacent to AC LF @five Dollars $5.40 $ 7,020.0 forty Cents Per LF 25 1 Bicycle Traffic Loop EA @ one hundred ni n y Pigllt Dollars $198.00 $ 198.00 no Cents Per EA Total- mount Base Bid in igures: Total Amount Base Bid in ......orr s: .n.Yl,........rn ZRiV {1 1 EI I C-2.4 FIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State.License Class of Work Number fb6�' RIC L 9JI6FqffiEL PA#PFESRIO�ALLM8§%NEERAING 793907 C-10 STJRVEY__UASh LAND 5411 L.S. 614 N. ECKHOFF STREET, ORANGE, CA UTILITIES ELITE BOBCAT SERVICE, 720016 A CONCRETE 1320 E. SIXTH ST. STE. 100, CORONA,CA By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 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 MICHAEL J. CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J. NOBLE COMPANY the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall, refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. MICHAEL J. CARVER, PRESIDENT Name of Bidder X Sig re of Bidder 15505 E. LINCOLN AVE. ORANGE, CA 92865 Address of Bidder JENNIFER DE IONGN Subscribed and sworn to before me this 14 day of MAY 200 9 Commission # 1771 186 a Notary Public -California z y Orange County Mycomm.ExpiresOct28,2011 NOTARY PUB C �e n' f�r De I ongh 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 FY 2008/09 ARTERIAL REHABILITATION, (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. R.J. NOBLE COMPANY Contractor X By EL J. CARVER PRESIDENT Title Date: MAY 14 , 2009 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 Z1 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. R.J. NOBLE COMPANY Contractor x By MI HAEL J. CARVER PRESIDENT Title Date: MAY 14, 2009 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: R.J. NOBLE COMPANY Contractor X By CHAEL J. CARVER PRESIDENT Title Date: MAY 14, 2 0 0 9 Note: This form is required for every Dig Alert Identification Number issued by US.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: R.J. NOBLE COMPANY Bidder Name 15505 E. LINCOLN AVE. Business Address ORANGE, CA 92865 City,. State Zip ( 714 )637-1550 Telephone Number A-782908 State Contractor's License No. and Class AUGUST 14 2000 Original Date Issued AUGUST 31, 2010 Expiration Date The work site was inspected by STEVE MENDOZA of our office on APRIL 3 0 ,200 9. The following are persons, firms, and corporations having a principal interest in this proposal: R.J. Noble Company 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. R.J. NOBLE COMPANY Company Name X Signatur of Bidder MICHAEL J. CARVER, PRESIDENT Printed or Typed Signature """' " JENNiFER DE IONGH ' s Commission # 1771186 Subscribed and sworn to before me this 14 day of MAY 2009 . < " � '„' Notary Public -California = D � — z •% `' Orange County MyComm.ExpiresOct 28,2011 NOTARYPUBL C� enn' r De Iongh NOTARY SEAL Listed below are the names aldress and telephone numbers for three public agencies for which P P g the bidder has performed similar work within the past two years: 1. CITY OF SAN CLEMENTE, 910 CALLE NEGOCIO, STE 10.0, SAN CLEMENTE, CA 92673 Name and Address of Public Agency Name and Telephone No. of Project Manager: (94 9) 3 61-6118, GARY VOBORSKY $433 , 099 . 30 AVE. SAN PABLO STREET IMPROVEMENTS MARCH 2O08 Contract Amount Type of Work Date Completed 2. CITY OF SANTA ANA, P.O. BOX 1988, SANTA ANA, CA 92702 Name and Address of Public Agency Name and Telephone No. of Project Manager: (714) 6 4 7-5 4 3 2, ED TORRE Z $1, 353 , 915 1ST ST. & EDINGER AVE. PAVEMENT REHAB. NOV. 2007 Contract Amount Type of Work Date Completed 3. COUNTY OF RIVERSIDE, P.O. BOX 1090, RIVERSIDE, CA 92502 Name and Address of Public Agency Name and Telephone No. of Project Manager: (9 51) 9 5 5-6 7 4 2 , S TAN DERY $4, 628, 247 .70 CAJALCO RD. LA SIERRA TO LAKE MATHEWS DR. DEC. 2007 Contract Amount Type of Work Date Completed C-10 I BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 i i Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, R.J. NOBLE COMPANY as Principal, hereinafter called the Principal,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut, as Surety,hereinafter called the Surety.are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the Burn of TEN PERCENT OF THE AMOUNT OF THE BID Dollars($ 10% OF BID ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for MAGNOLIA STREET REHABILITATION 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 Contrail 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 !his obligation shall be null and void,otherwise to remain in full force and effect. i Signed and sealed this 30TH day of APRIL 2009. i i I R.J. NOBLE CO PANY {Witness) (Principal)(seal) g ( (Title) MICHAReJ. CARVER, PRESIDENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) Ito C30 MIC L D. (Attorney-in-Fact) Printed in cooperation with the American Institute of Architects(AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310,February 1970 edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 0 5/0 5/0 9 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here insert Name and Title of the Officer personally appeared MICHAEL J. CARVER Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person, ] whose nameke) is/are.subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/k o4hetr authorized capacity(ies'), and that by his/494heiw signaturekel on the JENNIFER DE IONGH instrument the personA, or the entity upon behalf of Commission# 17711 a -r Notary Pubnc -Californiax which the person(y) acted, executed the instrument. Z .Z ' Orange County MYCOMM.&PI1esOCt28,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal. Signature Place Notary Seal Above 'gnature of Notary Public OPTIONAL Though the information below is not required by law,it may prove va a to perso elying 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact WIN AIR ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association-9350De Soto Ave.,P.O.Box2402-Chatsworth,CA91313-2402-www.NationalNotaryorg Itemit5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On �I —�� before me, R. NAPPI "NOTARY PUBLIC" (Here-insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persorkWwhose name(sjis/arc subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/!!, their authorized capacity�i and that by his/hgrAhoii-signatureW-on the instrument the personX, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California:that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NAPPI = COMM,#1796916 C Q NOTARY PUBLIC-CALIFORNIA L (Notary Seal) RIVERSIDECOUNTY E. Signature of Notary,Public My Comm,Expues June 7,2012 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment-completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknonledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,arty alternative (Title or description of attached document) acknenvledgment verbiage as may be printed on such a document so long as the verbiage does not require lite notary to do something drat is illegal for a notary in California(i.e. certifying the authorised capacity of the signer). Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired. Number of Pages Document Date - State and County information must be the State and County where the document signer(s)personally appeared before the notary,public for acknowledgment. - Date of notarization must be the:date that the signers)personally appeared which must also be the same dale the acknowledgment is completed. (Additional information) - The notary public mast print his or her name as it appears within his or her commission followed by comma and then your title(notary public). - Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/i w)—is/are)or eircling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment farm. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document_ ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.if the claimed capacity is a corporate officer,indicate the title(Le.CEO,CFO,Secretary). IL • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07800-873-9865 %ww.NotarvClasses.com WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 221100 Certificate No. 002932230 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Michael D.Stong,Shawn Blume,Rosemary Nappi,and Jeremy Pendergast of the City of Riverside State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of-guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted^in any actions or-proceedings allowed by law. 13th IN WITNESS WHEREOF,the Companies have caused this instrument,to be_signed and their corporate seals to be hereto affixed,this da of April 2009 .- Farmington Casualty Company' St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company- St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance'Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G�SUA( SLIA£Ty �RE 6 �TN..�M,r` •"�'�•NS q."•,•. Jp�tY 4Np RA ..........4W•:`ORPORATf �in �: 'o`� L;of �;o , SBRLi coNN. ; r� a°trn .ram !S.ANN� '1...s�•.�� 6i �,+ t , vM •�/AN4b� State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 13th day of April 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. eo� )A w" y My Commission expires the 30th day of June,2011. Mane C.Tetreault,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , ZOD9' " 4 r �9� s i i �\Y 'tars�"r ua i. 3t��.,x��a �s*` >h.c rr HST.,....�. sY t ,.�l§ia.. �•^-K' .` .,a- :.... .; '., ,r,�'&»,ri, "���yy..„„,;.rsu:�r Sr. • ;, „M,7.;"rr�''.z;tE.xa".,,;ua, ir�.�'°'>,,, ,a:..'. �'',i-� �'s: '�'�,"^ a :r4,,;.'�.i�err..;P... tie '�K:,,.s, r"�.t'i7`� �` "`� , _:,, -,::.,.,. '` ".�.:.�s -a`tt..,e�' 33`9�.���t��?' S4.:r: ."r'n�,:: �,v44K='ap,.:' ,` f,.q,.. �r,,,r4R'"�: ,M�.,�ttv.a", C�rw�.�,.iC ar t't,'„aF:. is.�`.,,t c..} �"x^"s{�u ",3,.'ro,� tf'1 a�w�.:"?, rt:�.:"�' ,.,. ,^.:.::.:..:... §'`,S .'?..ti' r�ry`�r. -'•� -a'r s ,..+r � -.+r � hYe..r:q...{� a.� rx:a _ s�-s'h�•,=, ,,+,. rk�;ta.r �a.tarc t:�a i°x, a,s�,��: �'... '�. �ti.:-` .:_:r.:. ,rS ,.. t" ";;.. 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".;..i s •n,„s i.�K'r C ,*3 a 'i X 620 CA 92856 15505 E.LINCOLN AVENUE•P.O.BOX ORANGE, Finn{ e k ✓ s rcpt � �714 637-1550 �"_3�,t aS��,«�ya(V:uA b M�•,.. s,�� }7 R�m�Y .,fi ,.'1' s�Y�rm�r y;�.y§ �a„{f�N,r."�S�,w �.p:;,`'"` � `x'",S(�:„.R,a'k, db r�+,u'':.,ykdP�r;�_,.� F x tt,`�`�5 �a,<5 >'�,fi �"'��-•..z , �'m ,.,� �x=aE.,` _#. ��e ...sty <�„� '`;'. x,sdy � .r�"�,� F�f§>!'��,.:"..:: 3wY.�^,r.>�� i"K,, �„S �.�,+.eiw; - �• 1®. N/ INTINGTON Y51ACh CITY 01= U ' ''*� >r ,e;°sx v �" 'fix, ��� ,���� � �,+�.rar ,� �•n .r s a� p F F-7-- 2000 MAIN STKE-E- I _ •s��. #.,, y k6�:_'± 're *�'�K1 ` '" �` � "*`.�s''� � �;#'" .:'�.:'- �✓.,." ,;"a,�.' r � �2 R. ',�`"�`� ' :'i'�s��5'��'a_ 5 � �1�y°r;k�c�a."k£.;,' � Faa�r F„� v ��w.'�-5�,�.,�'r,.� Z6`�'f; .s f�IUNTINGTON � —�A CH,CA� '� �-',.�.As e' ^rE9 �, ..° ,�•,5:,i '" .:t-�' a zti.-« k t .'",`�'r"` ,A �$'.':`4TM, 4 Y .r ,+�'r r, 'Y�'+»'~r3p�' • .:s'.a"""'x^. ..:: , w !..'. ,. i"..,'.��� .F,t.n. .._ r+," l':1 ,u 4✓g4�,"�-fiTy d �t�' ,�'. u,< Y , ? Ku t ,d k ..,. �. "�., t.'� 2` .,. .'fl",...t ,. .x`...„�.. ,... ..�....., a. ..- :� :,�+ s �t _ �n-.. .'� >•- ... .-_. ,.,..t.-. ». ....�.-. � :,:. n .: u v , " MAGNOLIA STREET REHAB FROM PCH TO ATLANTA AVE, HUNTINGTON BEACH > BID DATE: MAY 14, 2009 AT 3:00 PM . 1 r BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 r I i Bond No. N/A i KNOW ALL MEN BY THESE PRESENTS, That we, R.J. NOBLE COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the.Obtigee, in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars($ 10% OF BID ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for MAGNOLIA STREET REHABILITATION 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 Contrail Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the s 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 Wort;covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 30TH day of APRIL 2009. ii i ! R.J. NOBLE COMPANY { (Witness) (P►ir% ipag(Seal) I X MICHAM J. CARVER, PRESIDENT (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) a B MIC EL D. (Attorney-in-Fact) Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310,February 1970 edition. 5-1854-0(47-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 0 5/0 5/0 9 before me JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAEL J. CARVER Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona j whose named is/axe:subscribed to the within instrument and acknowledged to me that he/,4ie4hey executed the same in his/laex/+eir authorized capacity(,ies'), and that by his/bo;#IiE�signatureK on the JENNIFER DE IONGH instrument the personA, or the entity upon behalf of Commission # 1771186 Z .;-r Notary Public -California Z which the person(,s�j acted, executed the instrument. ' Orange County MyC0rnm.ExpiresOcf28,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal. SignatuIva Place Notary Seal Above 'gnature of Notary Public OPTIONAL Though the information below is not required by law,it may proveYto rso elying 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General fill_ _ ❑ Partner—❑ Limited El General ❑ Attorney in Fact00% - ❑Attorney in Fact • Trustee Top of thumb here ❑Trustee Top of thumb here • Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL—PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On t4 ._t) J before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoRwwhose nameWis/are-subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4wrA+teir-authorized capacity(ie4 and that by his/Ijaod1hair signature(<-on the instrument the personX, or the entity upon behalf of which the personw-acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is.true and correct. WITNESS my hand and official seal. R. NAPPI COMM.#1796916 m NOTARY PUBLIC-CALIFORNIA N (Notary Sent) RIVERSIDECOUNTY Signature of Notary Publilc my Comm,Expues June 7,2012 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ann,acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknrnvledgment form must be properly completed and attached to that document. 77te only exception is if a document is to be recorded outside of California.In such instances.atV alternative (Title or description of attached document) acknmvledgment verbiage as may be printed on,such a docrmtenr so long as the verbiage does not require the notary to do,sornething that is illegal fora notary,is California(i.e. certhdng the authorlced capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for.acknowlcdgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission.followed by a comma and then your title(notary public). • Print the narne(s)of document signers)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/ihey,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer a The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.if seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact t Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other -.*e Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 221 100 Certificate No. 002932230 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint Michael D.Stong,Shawn Blume,Rosemary Nappi,and Jeremy Pendergast of the City of Riverside State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted-in any actions or proceedings allowed by law. re t 13th IN WITNESS WHEREOF,the Companies have caused this instrurrlent;ta be signed and their corporate seals to be hereto affixed,this April 2009 day of P �T Farmington Casualty Company %1 r St.Paul Guardian Insurance Company Fidelity and Guaranty;Tn arance�Company;s, St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GI.S U.��T stwrrj `FIRE M6bxhW i`RN.�NSG `p1 Ns�q�. JP tY Ah�s �psvq�i O(�yiY'4y0 9 L .w p y���.,,, �' t 7 fQ`:' f .'r'-• °j � � .y �1W�m...� �, 5 D(1 y. � 1f ."^^.rvNlrrtJ pL z�... �. PZ� ,`lLpNPORA>!'ym �W�GQRPORATf,�Pi_ ¢ � ,3�i 6 _'-..'•a�U zb1982 O < 19�! 91927 W 1896 SEALiof � � H !� pF °ns�.c E� a1S.N.a� v1:.. :�a sd +at \1,.....•,+!'+`.p� �1AYJ AtNed.�.'�R Pd:WW Mµnuwi y,�ua •a A� �S ..* t 'N State of Connecticut By: City of Hartford ss. Georg Thompson, J-rice President On this the 13th day of April 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 4%� In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. G * Marie C.Tetreault,Notary Public �s 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH B INTERDEPARTMENTAL COMMUNICATION TO: Shari Freiden ' , City Treasurer FROM: DATE: O SUBJECT: Bond Acceptance I have received the bonds for11Aq (Company Name) Faithful Performance Bond No. �0�y�i �D--3/�/ Labor and Material Bond No. ,����//0 3 Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. / n MSC No. Approved / Agenda Item No. (Council Approval Dat City Clerk Vault No. #27 g1followup/bondletter.doc PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 105210314 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as"City")has awarded to R.J. Noble Company 15505 E. Lincoln Avenue, orange, (name and address of Contractor) (hereinafter referred to as"Principal"), a contract("Contract")for the work described as follows: CC-1341 PHASE 1, MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTIA AVENUE (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as"Surety"), as Surety, are held and firmly bound unto City in the penal sum of ONE MILLION THREE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED EIGHTY-FIVE AND 50/100 - - - - - - - - - - - - dollars, ($ 1,318,285.50 - - - - - ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page I of 2 ' Bond 105210314 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder, Surety also waives the provisions of California Civil Code §§ 2845 and 284A. /N WITNESS VVHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety. on the date set forth be|uw,that the name of each corporate party being affixed hereto is such pady'e proper legal name and that the individuals signing this instrument have been duly thorioed pursuant to the authority ofits governing body, Surety, by execution of this bond, waives any defense which Guroh/ has ormay have by reason of any failure of the Principal to execute or properly execute this bond. Dated: Jzzzze l, 2009 ATTEST (Corporate Seal) R.J. ~`~—~ --'=--'^ Name:Craig Po:�-Ver Its: Vice President ATTEST TRAVELERS CASUALTY AND SURETY (Corporate Seal) 0F AMERIC& (Surety By: NamPe: MICft7rEL I)J�STONG 612-3000 (Attach AUmrney-in-FactCertificate) (Area Code & Te|ephon* NonnbarnfSurety) APPROVED A8TDFORM: CITY OF HUNT|NGTON BEACH By4enn fter ratP�4�,/,� Note: This bond must/m executed induplicate and dated, all signatures must m,notarized,and evidence o,the authority u/any person signing uouuomerinfau/must beehacmad� ,nm,` PAYMENT BOND Page 2uf3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 0 6/0 2/0 9 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CRAIG PORTER Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono whose nameX is/a;e subscribed to the within instrument and acknowledged to me that he/sheAhay executed the same in his/hef4re�r authorized capacity(ieb'l, and that by his/4eMl4ek signatureA on the JENNIrER DE IONGH instrument the person(4, or the entity upon behalf of Commission # 1771186 which the personA acted, executed the instrument, Notary Public -California Z Orange County W COMM 28,2011 P I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Sign i 6 iuw­r Place Notary Seal Above Signature of Notary Public OPTIFON)IL Though the information below is not required by law,it may prove lah"bIrelt,person, elying on the document and could prevent fraudulent removal and reattachment of this form to anier 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: 0 Individual F1 Individual Corporate Officer—Title(s): E Corporate Officer—Title(s): C] Partner—El Limited __1 General E Partner—Cl Limited F,, General 0 Attorney in Fact •Top of thumb here D Attorney in Fact • Top of thumb here El Trustee 0 Trustee F1 Guardian or Conservator El Guardian or Conservator Other: P,Other: Signer Is Representing: Signer Is Representing: (02007 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoRWwhose name(sfis/am subscribed to the w,thin instrument and acknowledged to me that he/sheAhey executed the same in his/liefAhek authorized cap acityki=� and that by hisAwa4hoir signaturcKon the instrument.the person,, .. or the entity upon behalf of which the personKacted,executed the instrument. I certify under PENALTY OF PERJURY under the,laws of the State of California that the foregoing paragraph is true and correct. R. N WITNESS my hand and official seat. 6; Comm. 9796 16 NOTARY PUBLIC-CALIFORNIA A RIVERSIDE COUNTY My Correa.RIVERSIDE June 7,2012 Signature of Notary Public (Notary Semi) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Am, acknoidedgmem Pwripleird in California must contain verbiage exacity as -DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary,section or a separate aclatowledpnein form inust be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California.In such instances.ant,alternative acknoirledgment verbiage as maybe printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notar),IN California (i.e. cerfi,&ing Cite awhori:ed capacio,of the signer). Please check the (Title or description of attached document continued) document curefith)yfor proper notarial wording and attach this form i(reqnired, Number of Pages Document Date State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed- (Additional information) b The notary public must print his or her name as it appears within his or her commission followed by a comma,and then your title(notary public) • Print the name(s)of document signer(s) who personally appear of the time of notarization, JJ CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(ix he/shc/4w�—istai;e)or circling the correct forms.Failure to correctly indicate this 0 Individual(s) information may lead to rejection of document recording. El Corporate Officer The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form LI Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk, 0 Attorney-in-Fact Additional information is not required but could help to ensure this El Trustee(s) acknowledgment is not misused or attached to a different document 11 Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(re CEO,CFO,Secretary) L———-------------------------------------- Securely attach this document to the signed document 20OB Version CAPAvi2,10,07800-873-9865 rkww,NotaiyCIas5cscom Bond No. 105210314 9DEMZDM; $7,196.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: VVHEREAG, City ofHuntington Bench(hereinafter referred ho as"City")has,by written agreement dated 29 20 09 entered into a contract with (name and address of Contractor) (hereinafter referred bz ao"Phnnipal"). for performance of the work described amfollows: CC-1241 PHASE l, MAGNOLIA STREET OOIULBILIIaTZUN FROM PACIFIC COAST HIGHWAY TO ATLANTIA AVENUE ----' (Project Title) WHEREAS, said contract, and all documents referenced therein(hereinafter collectively ~Contnynf). are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal/u requiredunder the terms of the Contract bo furnish abond guaranteeing the prompt, full and faithful performance oy said Contract. NOW THEREFORE,we,the undersigned, as Principal,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as ^Suna�^i as Surety, are held and firmly bound unto City in the penal sum of ONE MILLION I8t�8 HUNDRED EIGHTEEN THOUSAND TWO HUNDRED EIGHTY—FIVE Dollars($ 1.318.285.50 this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successor$, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall pmmpUy, h!||y and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees(hereinafter collectively referred to as"Obligees")from any and all|omnem. liability and damages, olaimo,judymentn, stop noboeo, fees and costs of every description, whether imposed b law ori equity,which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contnaot, including all alkarebona, amendments and modifications thenebz, and any warranties or guarantees required thereunder; then this obligation shall be void; othemjae, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any a|bonaUon, changn, de|ation, addition or other modification to the Contosot, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price,and on*/ PERFORMANCE BOND Page of Bond No. 105210314 any other alteration, change,deletion, addition or other modification to the Contract,or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes,deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work: IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 1, 2009 ATTEST R.J. Noble Company (Corporate Seal) (Principal D�r } By: etm_et f Name:Craig or er Title: Vice President ATTEST TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Corporate Seal) (Surety Name) By: Name: MCHAEL D. yok ( tgnature of Attorney-in-Fact for rety) (Attach Attorney-in-Fact Certificate) 9( 09 ) 612-3000 (Area Code&Telephone Number of Surety) APPROVED AS TO FORM: CITY OF I iUNTINGTON BEACH c By ennifer McdVath -�l5��� ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE SE ACKNOWLEDGMENT State of California County of ORANGE On 0 6/02/0 9 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared CRAIG PORTER Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person j4 whose name({ is/tee subscribed to the within instrument and acknowledged to me that ` he/s#aeJiblay executed the same in his/hefA49ek authorized ` t NI toN 1 ca aci l and that b hisl`ke#tF�ek si nature on the f P tYt Y 9 ` Commission ft tag instrument the person(,s'j, or the entity upon behalf of Notary Public -California z Orange e County which the personX acted, executed the instrument. MYCOMM,EXOreSO t28,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above #` , �', Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to pers s relying on the document and could prevent fraudulent removal and reattachment of this form to a other 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: _ Individual ❑ Individual ❑ Corporate Officer—Titie(s): ❑Corporate Officer—Title(s): C' Partner—O Limited i'I General ❑Partner—D Limited F_,� General ❑ Attorney in Fact 1 D Attorney in Fact OR lTrustee Top of(numb Here D Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other:_ _ -j Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•wwwNationaiNotary.org Item#5907 Reorder.Call Toll-Free 1-800 876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On g before me. R. NAPPI "NOTARY PUBLIC" (Here insen name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persona' whose name(R�is/arvsubscribed to the within instrument and acknowledged to me that he/sheA4iey executed the same in his/hefAheif authorized capacity(4=� and that by his/her,Ugir signature(<on the instrument the person};or the entity upon behalf of which the persongaeted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. NAPPI WYl`NESS my hand and official seal. COMM.#1796916 r NOTARY PUBLIC-CALIFORNIA � ' Cr RIVERSIDE COUNTY A I,iy Comm.Expires June 7,2012 (Notary Seal) Signature of Notary P lie P ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly. as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate aclatou•ledgment form must be ! properly completed and attached to that document. 71te only exception is if a docuntcrn is to be recorded outside of California. In such instances,any alternative {Title or description of attached document) acktamvledgrrsent.verbiage as Wren be printed on such a document so long as the verbiage does not require the`rotary to do sornedting that is illegal for a imtary in California(i.e. certifying the authorised capaciyy of file signer). Please check the (`fide or description of attached document continued) document carefully for proper notarial wording and attach this form if required - State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. - Date of notarization must be the date that the signer(s)personally appeared which J must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public), - Print the name(s) of document signers) who personalty appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e ❑ Individual(S) he/she/daey-is left)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. i ❑ Other Indicate title or type of attached document,number orpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ollicer,indicate the title(i.c.CEO,CFO,Secretary) _ - Securely attach this document to the signed document 2008 Version CAPA v I2.10.07 800-87.3-9865 wmv.NotarvClassts.com :- AC®RD CERTIFICATE OF LIABILITY INSURANCE VU2009'9 PRODUCER (949)857-4500, Fax (949) 857-4800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Millennium Risk Management & Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License # OC13480 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5530 Trabuco Road Irvine CA 92620 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Travelers Prop Cas Co of America 25674 R. J. Noble Co. INSURERB: 15505 Lincoln Avenue INSURER C: P. 0. BOX 620 INSURER D: Orange CA 928569020 INSURER E: COVERAGES; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL POLICY EFFECTIVE POLICY EXPIRATION T IN D TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY C09322B893TIL08 07/01/2008 07/01/2009 DAMAGE TO RENTED 300 000 PREMISES Ea occurrence $ A CLAIMS MADE FK OCCUR MED EXP(Anv one erson $ 5,000 X Severability-Notes PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X E LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO CAP9322B42608 07/01/2008 07/01/2009 (Ea accident) A ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS /� BODILY INJURY $ NON-OWNED AUTOS ARP� VED AS FORM (Per accident) PROPERTY DAMAGE $ nx Severabilit -Notes JINNI 'E .McG � ome (Per accident) GARAGE LIABILITY l(!/ / AUTO ONLY-EA ACCIDENT $ ANY AUTO ` OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X1 OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 CUP9322B43808 07/01/2008 07/01/2009 $ A DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND Y _PC RSLA IU- OTRH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE C2JUB4786CO3108 07/01/2008 07/01/2009 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: RJN Job #91224 Magnolia Avenue Rehabilitation from Pacific Coast Highway to Atlanta Avenue, CC #1341, Phase I Certificate Holder is named Additional Insured as respects General and Auto Liability per endorsements CG20101001, CG20370704, CA20480299 and CAT3530104 attached. Workers Compensation Waiver of Subrogation applies per endorsement WC99037600 attached. *10 days notice of cancellation in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach, its agents, EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL M&Y"AXMyyAIILyL officers and employees *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XX Departments of Public Works Y�?�il�(IX�(T�4rx�IXi, cIX�SdGi1�l�4�4dCAd( DKIXo`�1)4► ( 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE C �� Leonard Zimins4/ �-,�� ACORD 25(2001/08) ©A:CORD CORPORATIONI988 INS025(0106).08a Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) INS025(0108).08a Page 2 of 2 CG20101001 Policy # C09322B893TIL08 Effective 07/01/2008 R. J. Noble Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES O CONTRACTORS - SCHEDULED PERSON O ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL.LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,its agents,officers and employees Re:RJN Job#91224 Magnolia Avenue Rehabilitation from Pacific Coast Highway to Atlanta Avenue,CC#1341,Phase I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II--Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury" or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101001 Privacy I Legal Notices 02008 The Travelers Companies,Inc. r Insured: R. J e Noble Co. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: C0932213893TIL08 ISSUEDATE: 07/01/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS m COMPLETED ETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s), City of Huntington Beach,its agents,officers and employees Location And Description Of Completed Operations Re:RJN Job#91224 Magnolia Avenue Rehabilitation from Pacific Coast Highway to Atlanta Avenue,CC 91341,Phase I Information required to complete this Schedule,if not shown above,will be shown in the Declarations, Section 11—Who is An Insured is amended to In- location designated and described in the schedule of elude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganizalion(s) shown in the Schedule, but only with sured and included in the"products-completed opera- respect to liability for"bodily injury" or"property dam- tions hazard", age"caused,in whale or In part, by"your work"at the CG 20 37 07 04 ISO Properties,Inc.,2004 Page 1 of 1 POLICY NVMBER-. CAP9322B426TIL08 Effective 07/01/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURE® This endorsement modifies Insurance provided under the following; BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement, This endorsement ldentifles person(s) or organizations) who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Personis)or Oruanization(s): City of Huntington Beach,its agents,officers and employees Re:RJN Job 991224 Magnolia Avenue Rehabilitation from Pacific Coast Highway to Atlanta Avenue, CC#1341,Phase I (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "Insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form, CA 20 48 02 99 vac I Legal Notices C2007 The Travelers Companies,Inc. Page 1 of 3 r POLICY 'i=CA119322B426TIL08 EFFECTIVE: 07`01/2008 CA T3 53 01 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE EXTENSION FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE, A. 1. Who Is An Insured provision is amended by adding the following: d. Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. EMPLOYEES AS INSURED SECTION II—LIABILITY COVERAGE,A.1. Who Is An Insured is amended by adding the following: e. If you are not a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business at the time of an "accident", a covered"auto"you don't own, hire or borrow. If you are a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business or personal affairs at the time of an "accident", a covered "auto"that you don't own, hire or borrow. C. COVERAGE EXTENSIONS—SUPPLEMEN-TARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. 2. Coverage Extensions, a. Supplementary Payments subparagraphs(2)and (4)are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. HIRED CAR---WORLDWIDE COVERAGE SECTION II — LIABILITY COVERAGE, A.2. Coverage Extensions is amended by adding the following extension: c. Hired Car—Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of"bodily injury" or"property damage" to which this insurance applies, caused by an "accident" which occurs outside the United States of America,. the territories and possessions of the United States of America, Puerto Rico, and Canada resulting from the operation, maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent, or borrow without a driver for 30 days or less. (2) With respect to any claim made or"suit"instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a) You shall undertake the investigation, settlement, and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (i) For the amount of damages because of liability imposed upon you by law on account of "bodily injury"or"property damage"to which this policy applies, and (ii) For all reasonable expenses incurred with our consent in connection with the investigation, Page 2 of 3 settlement or defense of such claims or "suits". Reimbursement for expenses will be part of the Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS,and not in addition to such limits. (3) The Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS is the most we will reimburse you for the sum of all damages imposed on you, as set forth in c.(2)(c) above, and all expense incurred by you arising out of any single "accident"or"loss". (4) You must maintain the greater of the following primary auto liability insurance limits: (a) Compulsory admitted insurance with limits required to be in-force to satisfy the legal requirements of the jurisdiction where the"accident"occurs;or (b) Insurance limits required by law and issued by a governmental entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the"accident"occurs;or (c) Auto liability insurance limits of at least $300,000 Combined Single Limit or$100,000 per person/ $300,000 per accident Bodily Injury, $100,000 Property Damage. If you fail to comply with the above,this insurance is not invalidated. However, in the event of a"loss", we will pay only to the extent that we would have been liable had you so complied. (5) The insurance provided by HIRED CAR — WORLDWIDE COVERAGE is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other basis. E. HIRED CAR PHYSICAL DAMAGE—LOSS OF USE SECTION II—LIABILITY COVERAGE,A. 2. Coverage Extensions is modified by adding the following: d. Notwithstanding SECTION II, LIABILITY B. Exclusions 2. and 6., we will pay sums which you legally must pay to the lessor of a covered "auto" which you have leased without a driver for 30 days or less for the lessor's loss of use of the covered "auto", provided: 1. This insurance provides comprehensive, specified causes of loss or collision coverage on the covered "auto"; 2. The loss of use results from the covered "auto" being damaged in an "accident"while you are leasing it. We will pay up to $65 per day subject to a maximum limit of$750 for any one"accident". F. PHYSICAL DAMAGE—TRANSPORTATION EXPENSE SECTION III — PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extensions, subparagraph a. is deleted and replaced by the following: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". If the temporary transportation expense incurred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto"of the private passenger type which is of a like kind and quality as the stolen covered"auto". G. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects Coverage We will pay to$400 for loss to wearing apparel and other personal effects which are: (1) owned by an insured; and (2) in or on your covered"auto". This coverage applies only in the event of a total theft of your covered"auto". No deductibles apply to Personal Effects Coverage. H. NOTICE OF AND KNOWLEDGE OF Page. 3 of 3 f OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and replaced by the following: a. In the event of"accident", claim, "suit"or"loss", you must give us or our authorized representative prompt notice of the"accident'or"loss`including: (1) How, when and where the"accident"or"loss'occurred; (2) the"insured"s" name and address, and (3) to the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident"or"loss' applies only when the"accident"or"loss' is known to: 1. You, if you are an individual; 2. A partner, it you are a partnership;or 3. An executive officer or insurance manager, if you are a corporation. 1. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident` or "loss', provided that the "accident" or "loss' arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. K. MENTAL ANGUISH SECTION V—DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 53 01 04 ptiva CY I Lega062IceS 0)2008 The Travelers Companies.Inc. s ° STPAUL TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENTwc 9903 76 (00) 001 POLICY NUMBER: C2J'UB4786CO31 08 R. J. Noble Co. WAIVER OF OUR RIGHT TO RECOVER iFROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the parson or organization named in the Schedule: You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 5 .0 %of the California workers'compensation pre mium otherwise due on such remuneration. Schedule Person or.Organization ,lob Description ANY PERSON OR OItGANIZAnO111 FM NOV THE NAMM I INSURED 14AS AGREW BY WRTIIEN CONMCr EJCECITTEI) PRLOR To LASS TO FURNISH THIS WAI'VIIt DATE OF ISSUE: 08-03-06 STASSIGN. Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the mininram wage and bona fide fringe benefit 'requirements specified. for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is trine and correct. Executed this day of ,20 , at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AS TO Ylow A RUM;�11 7E M(; Y� CITY ATTORNEY 71.5 03-� •cstQ 1 2a7saz.i Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for ernployment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , �' R A ORNEX i 24591 1-1 CON 1 RAC' OR9 S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20_ (Signature of Declarant) APPROVED AS TO FORM By: ml�q 17/b -U 3. ZD o�P Name: [Type Name] Title: [Type Title] 1 245914.1 ®e_ City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC ® JOAN L. FLYNN CITY CLERK June 22, 2009 R. J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92856 Attn: Ryan Overman, Project Manager Re: Magnolia Street Rehabilitation from PCH to Atlanta Ave. — CC-1341, Phase 1 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, n L. Flynn, CMC City Clerk J F:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister CitiU4ol o p0J,4Q A-&6�tl�tt�rrcYeocNew Zealand (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH MAGNOLIA STIZEE'I' IIA:REBII.ITATIOT FROM PACIFIC COAST HIGHWAY TO ATLANT, AV, -NUE C C. NO �134�1,�PHASE 1 BID OPENING-DATE--MAY Y 14- 2009. .u, TIME:"3:00PM. ENGII�IEEIZ'S ES'g'IlVIATE $197409®00.00 BIDS SUBMITTED (AS DEAD AT OPENING) . NQ ifii<.D :R::5::NA 1:1_::::::::::::::::::::::::::::::::::::::RAPEl:C:: :::: 6 PJg1 � 7;:0yD A�9. Q�11`::: .............................................................................................................................................. .....................—................L.........1...................... 1 All American Asphalt 2 EBS INC. Elite Bobcat Service) + 3 Excel Paving Company 4 Hardy &Harper, Inc. j —1 5 Imperial Paving1 ,7 6 Pavement Recycling Systems 7 Ruiz Engineering Company 8 Sequel Contractors Inc. 301-Z �v 9 Shawnan 10 Steliny and Company, Inc. 11 Sterndahl Enterprises, Inc. 12 Sully-Miller Contracting Co. 13 The R3 Noble Company 14 Traffic Loops Crackfilling, Inc. 15 16 17 18 19 20 21 22 �W G:\Construction Contracts (CCs)\CC1341 08-09 Arterial Rehabilitation\PRE-AWARD\PGPY\Bid Opening Worksheet Magnolia St. Atl-PCH May 14,2009 5/14/2009 Council/Agency Meeting Held: Deferred/Continued to: Ap rove ❑ Conditionally Approved ❑ Denied City CI rk s S-Yfnature 61 Council Meeting Date: 6/1/2009 Department ID Number: PW 09-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIS OR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT OF PUBLIC WOR S SUBJECT: Award Contract for Magnolia Street Rehabilitation, CC-1341, Phase 1 HEEssue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: On May 14, 2009, bids were opened for the Magnolia Street Rehabilitation from Pacific Coast Highway to Atlanta Avenue, CC-1341. Phase 1. Staff requests that City Council award the contract to RJ Noble Company, the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Proposition 1 B, Account No. 21890008.82300 Arterial Rehabilitation. The engineer's estimate is $1,740,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Magnolia Street Rehabilitation from Pacific Coast Highway to Atlanta Avenue, CC-1341 Phase 1; 2. Accept the lowest responsive and responsible bid, including the additive bid item, submitted by RJ Noble Company, in the amount of $1,318,285.50; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Accept the lowest responsive and responsible base bid submitted by RJ Noble Company, without the additive alternate bid; or reject all bids, and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/1/2009 DEPARTMENT ID NUMBER: PW 09-23 Analysis: This street rehabilitation project will remove failed pavement areas, construct asphalt concrete pavement, and upgrade traffic signing and striping. In addition to roadway rehabilitation, broken curb and gutter and sidewalks along the arterial will be reconstructed, and where feasible, curb ramps will be replaced to meet current ADA requirements. The project was bid with an additive alternate bid item to install a waterproofing membrane on the top deck of the channel bridge before repaving it to improve bridge longevity. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on May 14, 2009. The verified bid amounts are listed below: Bidding Contractor Bid Amount Additive Alt. Bid Item Total Contract Basis of Award) Bridge Waterproofing Award Amount 1. RJ Noble Company $1,228,285.50 $90,000.00 $1,318,285.50 2. EBS Elite Bobcat Inc. $1,254,000.00 $115,000.00 $1,369,000.00 3. Imperial Paving Co. $1,371,132.20 $25,000.00 $1,396,132.20 4. All American Asphalt $1,372,421.95 $50,000.00 $1,422,421.95 5. Sequel Contractors $1,392,391.40 $80,000.00 $1,472,391.40 Staff recommends award of the construction contract, including the add alternate, to RJ Noble Company in the amount of $1,318,285.50. The company has previously provided acceptable performance and was awarded the Yorktown Avenue Improvements, which was recently completed. The total estimated cost is $1,516,000.00 which includes the construction contract, 10% contingencies, and 5% supplementals. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on April 15, 2009, with a vote of 5-0-2 (Siersema and Spencer absent). Environmental Status: This project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Attachment(s): Page,Number No.. Description 1. Location Ma -2- 5/15/2009 2:30 PM ATTACHMENT # 1 �P O Z � BOLSA AVE CO In NTS Q 0 V) H U Mc FADDEN AVE. U w J v~i EDING R AVE. J Z o � Z 0 o HEILm Q AVE. m m U m N w N a WAR ER a Z AVE. w w o SLATER o AVE. 405 0 c� TALBERT AVE. PACIFIC ,a ELLIS AVE. GARFIELDIY AVE. YORKTOWN AVE. 3 c�9sT ��� z PROJECT LOCATIONS �° �'� ADAMS g AVE. 10 Magnolia Street (Atlanta—PCH) O ��9 �Dc``Z` 1 z J INDIANAPOLIS z AVE. �- 9`F ATLANTA AVE. _ _ mo m o HAMILTON AVE. m OCEAN BANNING AVE. LEGEND ® ARTERIAL STREET LOCATIONS REV 1/12/09 FY 2008/09 ARTERIAL REHABILITATION, CC-1341 PROJECT LOCATION MAP °j CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for Magnolia St. Rehabilatation from Pacific Coast Hwy to Atlanta Ave., CC-1341. Phase 1 COUNCIL MEETING DATE: June 01, 2009 RCA ATTACHMENTS STATUS' Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable El Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING,ATTACHMENTS REVIEW,50 RE URIVED FOR �► DED Administrative Staff Deputy City Administrator (Initial) City Administrator(Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: J.Wagner CITY OF HUNTINGTON BEACH M-A NOL A STREET REHABILITATION �ZOIVi PACIFIC COAST I�YG WAY TO ATLANtTA- AVEINUE C.C. 01 -41 AID OPENIN l)AT-- P Il4 2009 TIME: 3:00 M El�TGINEERV&ESTIMATE: $1,740 9 0 0 0 .0 ® �� 5 SiJ�1VII'�TED (A 12EAD A`I' OPENING} ..... :�::s: ::: ::::::::::::::::�.a �c::....a.. e ..... ��:A ...... ...... ✓ All American Asphalt .............................. ......... 2 EBS INC. Elite Bobcat Service 3 Excel Paving Company 4 Hardy&Harper, Inc. 5 Imperial Paving 6 Pavement Recycling Systems 7 Ruiz Engineering Company 8 Sequel Contractors Inc. 9 Shawnan 10 Steiny and Company, Inc. 11 Sterndahl Enterprises, Inc. 12 Sully-Miller Contracting Co. 13 The RJ Noble Company 14 Traffic Loops Crackfilling, Inc. 15 16 17 18 19 20 21 22 G:\Construction Contracts (CCs)\CC1341 08-09 Arterial Rehabilitation\PRE-AWARD\PGPY\Bid Opening Worksheet Magnolia St. At]-PCH May 14,2009 5/14/2009 /9�17Z 7Z:) cn -.I* C.0 00 :0 vw Ebuz City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER NE For MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE CC NO. 1341, PHASE 1 in the CITY OF HUNTINGTON BEACH May 6,2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: 1) REVISED BID SCHEDULE—ADDENDUM 'I Changed item No. 12 from"Traffic Striping"to"Traffic Striping per Plan". Changed Item No.13 from"78 EA Traffic Loops"to 1182 EA Traffic Loops". Changed Item No.26 from"No.26"to"No.25" 2) REVISED BID SCHEDULE—ADDENDUM 1 Deleted Item No. 25 which read "Install protective waterproofing per Appendix Vil", since this item is an additive item and is not an item in the Bid Schedule. 3) INCLUDED SIGNING AND STRIPING PLANS The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project Plans as Sheets 1 to 4 of Signing and Striping Plans. Bidders shall submit SECTION C with the most current revised bid schedule entitled "Revised Bid Schedule- Addendum Ill. Award will be based on most current revised Bid Schedule. This is to acknowledge receipt and review of Addendum Number One,dated May 6,2009 Company 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 Jim Wagner at(714)536-5431. SECTION A NOTICE INVITING SEALED BIDS for the construction of MAGNOLIA STREET FROM ATLANTA AVENUE TO PACIFIC COAST HIGHWAY CONSTRUCTION CONTRACT NO, 1341, PHASE I in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 3:00 P.M. on May 14, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if sent by an overnight service provider(bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of grinding of the existing pavement, removal of failed roadway sections, asphalt paving of failed areas, overlaying the streets with rubberized asphalt, limited removal and installation of concrete curb and gutter, concrete sidewalk, curb access ramps, tree wells, landscaping, adjusting manholes, monuments and valves to grade, and installing traffic loops with striping. ® The contract allows the Contractor 75 working days to complete the contract. s The engineer's estimate for the work included in this contract is $1,7410,000.00. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by RESOLUTION 2008-54. Attest: /s/Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 y © I i J CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92 64 8 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: April 20,2009 To: City Clerk's Office Project/C.C. No.: C.C. No. 1341 Phase 1 2000 Main Street Regarding: Magnolia Street from Atlanta to PCH Huntington Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item# Cbpies Pag es. Description 1 1 1 Notice Inviting Sealed Bids for CC-1341,Arterial Rehabilitation Phase 1 2 (Magnolia Street From Atlanta Ave. to Pacific Coast Highway) 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2008-54 (adopted on 9/2/08), the City Council authorized the advertisement of the above listed arterial rehabilitation project. Please find attached the Notice Inviting Sealed Bids for advertisement on 4/23/09, 4/30/09 and 5/7/09. The bid opening is scheduled for 5/14/09 at 3:00 PM. Please contact me at 536-5467 with any questions you may have. By: Jim Wagner, Senior V Engineer c: file G:\C0NSTRUCn0NCoNTRAcrs(CCs)\CC1341 08-09 ARTERIAL REHABILITATION\ADvERnsEwNT\NISB TRANsm rrAL To CLERK-CC-1341 MAG(ATL- PCM.DOC UNSUCCESSFUL BIDS CC- 1341 — Phase I Magnolia Street Rehabilitation from Pacific Coast Highway to Atlanta Avenue City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK e JOAN L. FLYNN CITY CLERK June 25, 2009 All American Asphalt P O Box 2229 Corona, CA 92878-2229 RE: CC-1341 — Magnolia Street Rehabilitation from Pacific Coast Hwy to Atlanta Ave. Enclosed please find your original bid bond for CC-1341. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citi0o1oM19cJQt&retAA g%cNew Zealand (Telephone:714-536-5227) 2009 MAY 14 F 2: 53 ALL AMERICAN ASPHALT P.O. BOX 2229 CORONA, CA 92878-2229 TO: Q-,-iCC, D� -� I(, b'I`-( C l$V 2 DD � �l�►V1 S-hr�e-�' 4UM VV34DM ',each., CP. 9 a lO L K RETURN REQUESTED t�;:zs t�'Y �t',.N A. �,:.a.a t. ".W .., F.f'�k.:. J 1".e".» ,�, -;.� - . �5•,.->roua .:;-" t.t�w,. �„r a "�- "., k+. M1 '..� .a ,, :,: 3'.�' .,:;e. .�, . ..,...,�. .�..._: 5 �,..,..A� `o- �' ."y1, ,a tt:, m,..:: .� .> ✓.a,.wn; `�, ,� ,`°„ x:,i, �+`.�"7::, tix ,4 4. � r ,.:m,,, ..,.. �. ..:.,:Y �- ,x " .. �.:., .,,:., ,, „,4. ,.a. .�,.k,�> ..�x... .. .. .::,,.:j �,...., €,a,"s,..• ".S:w;;. �r r.rs ,:"A" �:...'� :d:..o � E .:7` •�`n, 's i i i e i i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM E E i For I MAGNOLIA STREET REHABILITATION i FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE CC NO. 1341, PHASE 1 i in the CITY OF HUNTINGTON BEACH May 6,2009 j Notice To All Bidders: I Please note the following clarification to the Project Plans,Specifications, and Special Provisions: j 1) REVISED BID SCHEDULE—ADDENDUM 1 ! Changed item No.12 from"Traffic Striping"to"Traffic Striping per Plan". Changed Item No.13 from 1178 EA Traffic Loops"to 1182 EA Traffic Loops". j Changed Item No.26 from"No.26"to"No.2W' I 2) REVISED BID SCHEDULE—ADDENDUM 1 Deleted Item No. 25 which read "Install protective waterproofing per Appendix VII", since this item is an additive item and is not an item in the Bid Schedule. i 3) INCLUDED SIGNING AND STRIPING PLANS i The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project Plans as Sheets 1 to 4 of Signing and Striping Plans, s ! Bidders shall submit SECTION C with the most current revised bid schedule entitled "Revised Bid Schedule- Addendum 1". Award will be based on most current revised Bid Schedule. This is to acknowledge receipt and review of Addendum Number One,dated May 6,2009 e All ffiUJjCa0t9C� Company Name l ice77eci s Date G 1 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at(714)536-5431. I E {i f . I { i r SECTION C PROPOSAL, for the construction of MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date specified in the Notice to Proceed. BIDDER UG--lafGJ tl lt_t 'this proposal is based upon carefua examination of the site, Plans,, Specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit price figures shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option,be considered null and void. Accompanying this proposal of bid, findT;&ev5-1p,o,ja in the amount of$ to•% b� raid 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 B' er's Sin r �. III2oa�1 C-2 SECTION C PROTECT DID SCHEDULE MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 BASE BID: TOTAL AMOUNT BASE BID IN FIGURES: $ TOTAL AMOUNT BASE BID IN WORDS: h41ldf-'a r P-5 - C-2.1 SECTION C MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO A'TLAN'TA AVENUE C.C. NO. 1341, PHASE 1 ADDITIVE ALTERNATE BID ITEM: FURNISH AND INSTALL,BRIDGE DECK MEMBRANE OVER THE ENTIRE BRIDGE DECK SURFACE, INCLUDING ALL ASSOCIATED WORD,PER PLANS, SPECIFICATIONS AND APPENDIX VII. TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 5l C C0 © 0111 TOTAL AMOUNT LUMP SUM BID IN WORDS: C-2.1A REVISED PROJECT BID SCHEDULE-ADDENDUM#1 magnolia St.CC-1341 ........tt.... ..... ......................... ............. ....... .. ....... .................. . ......... ........ ....... elt- R-WID . Mobilization r �Im LS 1WTT3K?1_ 17 1 i AZ8 @ 2h, I�,f Dollars $ J Cents Per LS 2 1 Traffic Control Plan LS @ --�Vr Dollars $ Cents Per LS 3 1 Furnish Project Traffic Cqntrol LS @ Dollars $Dqn- Oqw Cents Per LS 4 Cold Milling and Header Cutting incl.Disposal of Material& 127045 Fabric SF @ Dollars $ +Vy,tA4-1 6y-,2— cents Per SF 5 3190 Unclassified Excavation incl.Disposal of Matrial and Fabric CY ::i�ll 2�1 111 Dollars $ 9, L-4�4 Cents Per CY J 6 65685 Surface Grind(0.17)incl.Diposal of Material and Fabric — 0 15 a Z SF @ Dollars $ $ _7 Cents Per SF 7 7220 Construct Asphalt Concrete(G.17'-0.78'per plan) TN @ Dollars $ Cents Per TN 8 6460 Construct Asphalt(0.1 TARHM Overlay) TN Dollars $ $ Cents Per TN 9 19 Adjust Sewer/Storm Drain Manhole to Grade 5DaS EA Dollars $ $ Cents Per EA 10 5 Adjust OCSD Sewer Manhole,to Grade EA @ -hA/O/LJVV� /,Ilar, CM Cents Per EA 11 24 Adjust Water Valve to Grade EA @ Alf V-0- Dollars $ q6 Cents Per EA C-2.2 REVISED PROJECT BID SCHEDULE-ADDENDUM #1 Magnolia St.CC-1341 U. :.W t t: .............. ..... ....... ........... ............. ...................................................... ................... ......... I ::xkm 12 1 TrafficC1 Mstl�"piolgm per plan LS Cents Per LS 13 82 Traffic Loop EA @ Cents Per EA Remove&Reconstruct Curb&Gutter(CF=S",Includes AB,V 14 680 Slot Pave)per Std Plan 202 14 y LF @ -1/V7l Dollars $ ® —cents Per LF J is 7240 Remove&Re onstruct Sidewalk per Std Plan 207 4� SF Dollars Cents Per SF J Remove&Reconst.Access Ramp(Incl.Depressed C&G, 16 6 Retaining Curb,F Slot Pave&SW) EA /gog - - @ $ Cents Per EA 17 4 Install Truncated Domes into existing Ramp EA @ W k-��n 6'J're Dollars $ $ Cents Per EA 18 12 Survey Monumentation EA Dollars $ $ Cents Per EA 19 1 Adjust Survey Monument�111 to Grade EA @ —Dollars S300— Cents Per EA 20 1 Establish New Survey Monument per Std Plan 219 EA @ AAA(it Dollars Cents Per EA 21 1160 Remove and Reconstruct Driveway Approach per Std.Plan 211 SF @ Dollars $ $ Cents IPer SF I C-2.3 Magnolia st.CGt341 REVISED PROJECT BID SCHEDULE-ADDENDUM#I tztt stfndte'_:>::::::::::< »::::Nisi; st ;tiita! irtce>;: >: .. aty:.:? xii€t ii ei va'iirit, ?...?.... .: .tlii 22 1 Adjust Monitoring Well to Grade EA Dollars Cents Per EA 23 1 Remove&Install N' Traffic Signal Pul box EA @Q. ✓�OG�d � i �� 'I3ollais` $ $ —� Cents Per EA 24 1300 Install 2"X 6"Redwood header&stakes adjacent to AC 2 LF @ 77al Dollars $ , 5z $ q lTlsz _ Cents Per LF 25 1 Bicycle Traffic L op � EA @ n r����/ Dollais� $ 163 $ i Cents Per EA Total mount Base Bid in 1 ures: � o .Total Amount Base Bid in Word s: .. ....+N..�.. 7?�. ........ .�`�. / IJ I i i i j i I C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o ii'ork Number obPs blvoias4­ef-3 plqa&� 6 �� 10T By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 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 BIDDEN AND SUBMITTED WITH BID State of California ss. �IVl�1rt County of Grange K\ being first duly sworn, deposes and says that he or she is U`%ce— ter-esk(A�- l-l- of P(\Ryy\-c\Aco I the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. All On-ed(Ail ft-spha1f Name of Bidder Signature of Bidder icy, 1`cc ✓esjn f •o r A - !U%79-Z Z Z y Address of Bidder Subscribed and sworn to before me this day of , 200_ (� x NOTARY PUBLIC NOTARY SEAL C-4 s. CALIFORNIA JURA`A° State of California County of Riverside Subscribed and sworn to before me on this 13t" day of May 2009 Date Month By (1) Robert Bradley Name of Signer MARIA M�.RROBERTSON Proved to me on the basis of satisfactory evidence Commission # 1713672 be the person who appeared before me (.) Notary Public -California Riverside County (afid MyOMM Ilb"w Dec 31,2010 - - -- --- - - - - - - (2) Name of Si r Proved tom n the basis of satisfactory evidence be they on who appeared before me.) Signature C/'/1Q�1/Q4, �f� 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. Further Description of Any Attached Document Title or Type of Document: Non-Collusion Affidavit Top of thumb here Top of thumb here Document Date:5/13/2009 Number of Pages: Ones Signer(s)Other Than Named Above: None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 2008/09 ARTERIAL REHABILITATION, (n(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. A 0 W rn e r ca Y► A-ic n a-14- Contractor y 2ober-l- �radl-ear ,UicZ, Title Date: 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 cornpleting a Federal; State or local government project because of a violation of law or a safety CP regulation? ® Yes E�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. M I 6Q21ric4k, Contractor By h ►%F Artad 2�i, Vice-, ►'PSi �'I Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. .Dig Alert Identification Number: Contractor By Title Date: 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: !I 6wd ijraia i+si:2kfa� Bidder Name 10 �6o)( 4d � Business Address 00yo M& r f) 9 R -aas City, State Zip Telephone Number State Contractor's License No. and Class iligl� g� Original Date Issued 1 f 3112-01a Expiration Date The work site was inspected by of our office on , 200c. The following are persons, firms, and corporations having a principal interest in this proposal: :�_>4i rise m©rr_} Ler t A I in,-I- JUa.y 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. AU &ULLan Company Name Ignature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _day of , 2 0_ . a a� NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 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 s CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to before me on this 13th day of May 2009 Date Month ��� + By (1) Robert Bradley MARIA M. ROBERTSON Name of Signer Commission # t 713672 Proved to me on the basis of satisfactory evidence Notary Public •California be the person who appeared before me Riverside County MyCorrm.Esp aDec31,2010 (2) Name of S er Proved to m n the basis of satisfactory evidence be the per on who appeared before me.) Signature(/%yio 2'4�� 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. Further Description of Any Attached Document 0 0 Title or Type of Document: Bidders Information Top of thumb here Top of thumb here Document Date:5/13/2009 Number of Pages: Twos Signer(&)Other Than Named Above: None "2007" PAST WORK REFERENCES City of Westminster Citywide Street Improvements 8200 Westminster Boulevard Contract Amount: $1,085,000.00 Westminster, CA 92683 Start: 11/2006 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 6/2007 City of Irvine Jeronimo Road P.O. Box 19575 Contract Amount: $649,000.00 One Civic Center Plaza Start: 3/2007 Irvine, CA 92606-5208 Completed: 5/2007 Contact: Uyenly Bui, (949) 724-7559 City of Anaheim Weir Canyon 200 S. Anaheim Boulevard Contract Amount: $795,000.00 Anaheim, CA 92805 Start: 3/2007 Contact: Robert Luciano, (714) 765-5286 Completed: 6/2007 City of San Clemente North El Camino Real 910 Calle Negocio, Suite 100 Contract Amount: $1,400,000.00 San Clemente, CA 92376 Start: 4/2007 Contact: Gary Voborsky, (949) 361-6132 Completed: 6/2007 City of Newport Beach Citywide Street Improvements 3300 Newport Boulevard Contract Amount: $1,392,000.00 Newport Beach, CA 92658 Start: 1/2007 Contact: Andy Tran, (714) 644-3311 Completed: 5/2007 City of Seal Beach Seal Beach Boulevard 211 Eighth Street Contract Amount: $930,647.00 Seal Beach, CA 90740 Start: 12/2006 Karim Varshochi, (714) 412-2722 Completed: 4/2007 City of Tustin Jamboree &Tustin Ranch Rod 300 Centennial Way Contract Amount: $2,700,000.00 Tustin, CA 92630 Start: 11/2006 Contact: Benny Tenkean, (714) 573-3161 Completed: 4/2007 "2008" PAST WORK REFERENCES City of Irvine University Drive Rehabilitation One Civic Center Plaza Contract Amount: $3,445,289.40 P.O. Box 19575 Start: 1/2008 Irvine, CA 92606-5268 Completed: 6/2008 Contract: Kal Lambaz, (949) 72-*•1555 City of Anaheim Anaheim Blvd. Improvements 200 South Anaheim Blvd. Contract Amount: $278,391.00 Anaheim, CA 92805 Start: 4/2008 Contact: Sean Razmy, (714) 765-5069 Completed: 6/2008 City of Newport Beach Superior Avenue Improvements 3300 Newport Blvd. Contract Amount: $862,862.00 Newport Beach, CA 92658 Start: 1/2008 Contact: Andy Tran, (949) 644-3315 Completed: 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest Street Resurfacing & Slurry Seal 25550 Commercentre Drive, Suite 100 Contract Amount: $1,638,523.00 Lake Forest, CA 92630 Start: 2/2008 Contact: Luis Estevez, (949) 461-3485 Completed: 4/2008 City of Santa Ana Santa Clara Avenue Improvements 20 Civic Center Plaza Contract Amount: $2,219,523.00 Santa Ana, CA 92701 Start: 11/2007 Contact: Ed Torres, (714) 647-5018 Completed: 3/2008 o. Fidelity and Deposit Company of Maryland JAW* Home Office:P.O.Box 1227.Baltimore.MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal,(hereinafter called the"Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O.:Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety,(hereinafter called the"Surety"),drre held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN-------- Dollars($ 10%OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a.bid for - Magnolia Street Rehabilitation from Pacific Coast Highway to Atlanta Avenue,C. C.No. 1341 Phase 1 Bid.Date: May,14,2009 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;q 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 pepalry;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. Srgned �; ied.this .7t1k day of May A.D., 2009 ALL AMERICAN AS.PJJALT (SEAL) / rncipal Witness Tit FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) Witness N M.BROWN Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language.in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701 f 4 ` , CALIFORNIA ALL-PURP0819 ACKNOWLEDGMENT State of California County of ORANGE On 5-7-09 before me, BARBARA J. BENDER NOTARY PUBLIC offs Nam am TM Of no omm personally appeared OWEN M- BROWN rrame(s)d (e =Public- _ �'" who proved to me on the basis of satisfactory evidence to .BENDER be the person(o) whose name(@) We*subscribed to the #160f 899-California within instrument and acknowledged to me that County executed the same in h authorized es Jul 13,2012 capacity@*, and that by h' signature(&) on the instrument the person(0), or the entity upon behalf of which the person(e)acted,executed the instrument. BMBARA J.BENDER ceffealadon,�9991M I certify under PENALTY OF PERJURY under the laws Nowy Pow- of the State of. Pifornia that the foregoing paragraph is amp Coma" true and co 13.NU j WITNESS f seW Signature f ubft OFONAL Though the in0birme ion below is not required by taw,It may prove+skiable to persons relyft on the document and couId prevent fraudulao rerrADval and reattachment of li'm form to ano0w document Description of Aftclied Document Title or Toe of Document- BID BOND Document Date: 5-7-09 Number of Pages: ONE (1) Signer(s)Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ie,$)Claimed by Signers) Signer's Name: OWEN M. BROWN Signer's Name: ❑ individual ❑Individual Cl Corporate Officer—Title(s): O Corporate Officer—Titie(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General XWAttomey in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here p Trustee Top of thwnb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other. Sa�nneerr Is Representing- Signer Is Representing: FIDELITY AND DEPOSIT COWANY OF MA,RYLAM WWmaonel NohlyA"odaVm-MWDoSOO Am-P.O.Bm2002-Chatty+orftCA913t32402-wrvacNaficamdNoWyorg ft m#5907 Reader_Cs1To5Awi-8008Te-6W a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside on May 13, 2009 before me, Maria M. Robertson, Notary Public , Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(&)of Signer(6) who proved to me on the basis of satisfactory evidence to be the CIA M. RO®ERTSOPd person(s) whose name(s) is/am subscribed to the within instrument Commi"lon # 1713673 and acknowledged to me that he/sue/thy executed the same in lip Notary Public -California his/ /tom€ authorized capacity(igs), and that by his/bef Rivermcle County signature(s) on the instrument the person(s), or the entity upon behalf V#CoffMEVMDec31.2D10 of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4. Place Notary Seal Above Signature of Notary Public�� OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond No. 085.97.423 Document Date: May 7, 2009 Number of Pages: One(1) Signer(s)Other Than Named Above: Owen M. Brown Capacity(iss)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual ®Corporate Officer—Title(s): Vice-President ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑Gene _ gMBPRINT ❑Attorney in Fact ° ❑Attorney in Fact ° ❑Trustee Top of thumb here ❑Trustee re Top of thumb he ❑Other: it Other: Signer is Representing: Signer is 7Rep/resenting: All American Asphalt Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J. MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e clds by nominate,constitute and appoint Owen M.BROWN,of Anaheim,California, its true and o act,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act al a takings,and the execution of such bonds or undertakings in pursuan s,s on said Company,as fully and amply,to all intents and purposes,as if t xe e � 6 ged by the regularly elected officers of the Company at its office in Bal ' heir r rse4K. This power of attorney revokes that issued on behalf of Owen M. it ru y� The said Assistant c at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS I RR 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 MARYLAND, this 27th day of December,A.D.2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'Ap Of P pg�i O O r aeao ; By: Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland ss: City of Baltimore On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D.Adamski Notary Public My Commission Expires: July 8,2011 POA-F 012-4160 o .e City ®f Huntington Beach ® c e 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK June 25, 2009 Elite Bobcat Service 1320 E. Sixth, Suite 100 Corona, CA 92879 RE: CC-1341 —Magnolia Street Rehabilitation from Pacific Coast Hwy to Atlanta Ave. Enclosed please find your original bid bond for CC-1341. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi .h;14 h RJ3 Q�retAb)- 49r,New Zealand (Telephone:714-536-5227) q �INC. ELITE BOBCAT SERVICE u � GENERAL ENGINEERING,,..- 1320 E.SIXTH,SUITE 100 m CORONA,CA 92879 Tel:(951)279-6869 a FAX:(951)279-6832 City of Huntington Beach City Clerk 2000 Main Street, 2nd FL Huntington Beach, CA 92648 e�j : C R; �- SEALED BID FOR Magnolia Street Rehabilitation CC. No. 1341, Phase 1 rine®• nF.14Ain® n Z-nn base SECTION C PROPOSAL for the construction of MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341,PHASE 1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date specified in the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set.forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit price figures shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY's option,be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here, if an� Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT RID SCHEDULE MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO AI']L,ANI'A AVENUE C.C. NO. 1341, PHASE 1 BASE BID: TOTAL AMOUNT BASE BID IN FIGURES: $ 00 TOTAL AMOUNT BASE BID IN WORDS: - - C-2.1 SECTION C MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C.NO. 1341, PHASE 1 ADDITIVE ALTERNATE BID ITEM: FURNISH AND INSTALL BRIDGE DECK MEMBRANE OVER THE ENTIRE BRIDGE DECK SURFACE, INCLUDING ALL ASSOCIATED WORK,PER PLANS,SPECIFICATIONS AND APPENDIX VII. TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ /l S Ong. ®®- TOTAL AMOUNT LUMP SJJM BID IN WORDS: e® C-2.1 A REVISED PROJECT BID SCHEDULE-ADDENDUM#1 magnolia St.CC-1 341 *MTESOM004: ...............P.. ............... . ................ ........................ . ................ ... atlioiiiit: I Mobilization LS ft Tip e � cents Per LS 2 1 Traffic Control Plan LS @ DolIars Cents Per LS 3 1 Fumish Project Traffic Control ego 0. J LS @ Dollars $ Per LS 4 Cold Milling and Header Cutting incl.Disposal of Material& 127045 Fabric SF @ oo Dollars $tee_c .17'1 4S Cents Per SF 5 3190 Unclassified Excavation incl.Disposal of Matrial and Fabric CY @ Dollars Cents Per CY 6 65685 Surface Grind(0.IT)incl,Diposal of Material and Fabric SF Dollars $ Cents Per SF 7 7220 Construct Asphalt Concrete(0.17-0.78'per plan) TN Dollars $ Cents Per IN 8 6460 Construct Asphalt(0.17'ARHM Overlay) TN @ Dollars Z-V- $ift:? Xeg_o Cents Per TN 9 19 Adjust Sewer/Storm Drain Manhole to Grade EA @ 660 1AW?E4 ollars; $ $ Z"0 Cents Per EA 10 5 Adjust OCSD Sewer Manhole to Grade EA ollars @ Cents Per EA 11 24 Adjust Water Valve to Grade EA @ L,?_F14F_e_/_, llars Z-1e Cents I Per EA C-2.2 REVISED PROJECT BID SCHEDILJLE-ADDENDUM #1 Magnolia St.CC-1341 Mitt ............. ............... ............................. ............................ ................ ........... .... ... ... .......... 12 1 Traffic Striping per plan 4 LS @Dollars $17 Cents Per LS 13 82 Traffic Loop EA ollars $1r,11#14 7- Cents Per EA Remove&Reconstruct Curb&Gutter(CF=8",includes AB,V 14 680 Slot Pave)per Sid Plan 202 LF @ 31rye $,7114.90 2!2 0�27",7 1 6AWr Dollars -Cents Per LF 15 7240 Remove&Reconstruct Sidewalk per Sid Plan 207 SF @I Dollars $ Cents Per SF Remove&Reconst.Access Ramp(Incl.Depressed C&G, 16 6 Retaining Curb,F Slot Pave&SW) EA @ 1171, L,� lel�zl—ywx� Dollars Cents Per EA 17 4 Install Truncated Domes into existing Ramp EA @ 5:,,-x A6'11y4go?E!,O Dollars $Zoo $ Cents Per EA 18 12 Survey Monumentation EA @ ollars $ 0 Cents Per EA 19 1 Adjust Survey Monument Well to Grade EA V/.0 $ 3 6o A-Al Dollars 3 Cents Per EA 20 1 Establish New Survey Monument per Sid Plan 219 EA $ Cents Per EA 21 1160 Remove and Reconstruct Driveway Approach per Sid.Plan 211 SF @ Dollars $ '7 $ Cents Per SF ti C-2.3 Magnolia St.CG1341 REVISED PROJECT'BID SCHEDULE—ADDENDUM#1 tsri:iateit:<:::: :::::::::;::<:;:;:; tent:vY>Ft.i::tut.C:gi~tce:;::>:::: >: .. >:::::.ase:.!..:::: >::xtetii d::X ... vyri�teu iie yv�ir s::=.. ... :=:=>: ::.::; Jiiiit !rice:><>::Ainiiiuit:: 22 1 Adjust Monitoring Well to Grade , EA 46e L'N W n�-,-r Dollars $ J $ 7— Cents Per EA 23 1 Remove&Install New Traffic Signal Pullbox 06 EA @ 97xF �9�C✓✓✓�!'L. Dollars $ $ Cents Per EA 24 1300 Install 2"X 6"Redwood header&stakes adjacent to AC LF @ liP'� Dollars $ Cents Per LF 25 1 Bicycle Traffic Loop EA @ lc ar✓�" .�aN� t" t°/G / yDollars $ / $ Cents Per EA otal Amount Base Bid inFigures: ®O Total Amount Base Bic. . orris: QA.l ...�?c.d.��.tt..e,a.... ..... 'ua...... ..lo .........s .. .. ..., ..... .... .®.. ..... ... t.N . . ............. Ia��O i i I i C-2.4 t LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State,License Class of Work Number By submission of this proposal,the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 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 BIDDEN AND SUBMITTED WITH BID State of California SS. County of Orange Joseph Nanci , being first duly sworn, deposes and says that he or she is President Of Elite Bobcat Service, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly; sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract.of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Joseph Nanci Name of Bidder Signature of Mdder 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of ,200_. NOTARY PUBLIC NOTARY SEAL C-4 State of Cal' ornia County of ° s On before me, J�� �--�� , a notary public, personally appeared )4o proved to me on the basis of satisfactory evidence to be the person ose name is subscribed toe within instrument and acknowledged to me t e executed the same inh� authorized capacity, and that by is r signatures on the instrument the person(,, or the entity upon behalf o which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand d off ial seal. Signature (Seal) GO�t5 F J� d0 25 UTILITY T'Y 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 FY 2008/09 ARTERIAL.REHABILITATION, (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. Elite Bobcat .Service, Inc. Contractor By Joseph Nanci, President Title Date: May 12, 2009 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Elite Bobcat Service, Inc. Contractor AJ2) By Joseph Nanci President Title Date' May 12, 2009 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBED (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 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by 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: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona CA 92879 City, State Zip 951 279.-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original.Date Issued 03/31/2010 Expiration Date The work site was inspected by Joe Nanci of our*office on May 7 ,200 9. The following are persons,firms,and corporations having a principal interest in this proposal: Joseph Nanci, President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the Plans and Specifications set forth. Elite Bobcat Service, Inc. Company Name Signature of Bidder Joseph Nanci, President Printed or Typed Signature Subscribed and sworn to before me this—day of ,200— . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. . City of Loma Linda 25541 Barton Rd, Loma Linda, CA 92354 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jarb Thaipejar (909) 799-4400 $451,000 Street Improvements 04/2009 Contract Amount Type of Work Date Completed 2 City of Costa Mesa 77 Fair Drive, Costa Mesa CA 92628 Name and Address of Public Agency Name and Telephone No. of Project Manager: Pete Merit (714) 925-7432 $299,908 Concrete Improvements 11/2008 Contract Amount Type of Work Date Completed 3. City of Laguna Woods 24264 E1 Toro Road, Laguna Woods, CA 92637 Name and Address of Public Agency Name and Telephone No. of Project-Manager: Dennis Nelson (949) 754-5610 $408,518 Street Improvements 08/2008 Contract Amount Type of Work Date Completed C-10 State of California County of S On �� 2�` b fore me, _,�� 1.�� , a notary public, personally appeared ,w o proved to me on the basis of satisfactory evidence to e the personose name 'j e-subscribed t e within instrument and acknowledged to me=t�i�esht4thff executed the same in isauthorized capacity and that bysignatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hqNd and fficial seal. Signature (Seal) 1,Q 0 yy tiGp�J��a `byi i F i s City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE j CC NO. 1341,PHASE 1 in the CITY OF HUNTINGTON BEACH s i May 6,2009 Notice To All Bidders: Please note the following clarification to the Project Plans,Specifications,and Special Provisions: } 1) REVISED BID SCHEDULE—ADDENDUM 1 i Changed item No.12 from"Traffic Striping"to"Traffic Striping per Plan". Changed Item No.13 from"78 EA Traffic Loops"to 1182 EA Traffic Loops". Changed Item No.26 from"No.26"to"No.26" I 2) REVISED BID SCHEDULE—ADDENDUM 1 I Deleted Item No.25 which read "Install protective waterproofing per Appendix VII",since this item is an additive Item and is not an item in the Bid Schedule. 3) INCLUDED SIGNING AND STRIPING PLANS The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project E Plans as Sheets 1 to 4 of Signing and Striping Plans. i Bidders shall submit SECTION C with the most current revised bid schedule entitled "Revised Bid Schedule- Addendum 1". Award will be based on most current revised Bid Schedule. j This is to acknowledge receipt and review of Addendum Number One, dated 2009 Elite Bobcat Service, Inc. Company Name By May 12, 2009 Date G All bidders must acknowledge the receipt of this Addendum with your bid proposal. f Should you have any questions regarding this Addendum, please call Jim Wagner at(714)536-5431. I E t s a i i i 08739262 Bond Into._-- - — ---- Fidelit axed Ike ®Sit Carte It1�NIL F y POST OFFICE BOX 1227 OF MARYLAND BAL77MORE,MD 21203 j i BID BOND I KNOW ALL MEN BY THESE PRESENTS; f That we, _--------- Elite-Bobcat-Service, Inc. - ----- -.--- --- ---_--__, as Principal, (hereinafter called the "Principal"), and!the FIDELITY AND DEwsrr ComPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 2 t203, a corporation duly organized under the laws of du; State of Maryland, as Surety, (hereinafter called the "Surety"), are held and j ftrm�y bound unto__ City_of Huntington Beach ---------____-- —--------------- I E --- ----- --- - ---- ------------ -------as Obligee, (hereinafter called the "Obligee"), . in the sum of____ten percent of amount_bid 10 o E ------Dollars ($----------------_--), for the payment of which sum well and holy 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 ry___- Magnolia Street Rehabilitation-from Pacific Coast—__________.____ F Highway to Atlanta Avenue C.C. No. 1341, Phase 1 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shaft enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay-to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, .otherwise to remain in full force and effect. Signed and sealed this-____-__ 12th day of May.�--_-- A-D•,20 09 yElite Bobcat-Service, Inc___.(SEAL) Principal Witness ,� BY:-- - -------- --__ _ �`vV Title FIDELITY AND DEPOS COMPANY OF MARYLAND re P -----^--------------------- - -----_(SEAL) Witrsess ATTO EY-Il�I-F r Tttie csasr—_%M.7-92 Charles L. Flake C_ror o Amccan 7a dlwc of nrdaats Document A-3M. rcb.,y 1970 FAidon. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of.Orange } On 05/12/09 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to 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), LECOMM9391OD and that by his/her/their signature(s)on the instrument the COB^.?81593951 person(s), or the entity upon behalf of which the person(s) NOTARY PUBLIC®CALiFOPtNEA 0 acted, executed the instrument. 2 �:. ORANGE COUNTY Comm.Exp.JULY 27,2009 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. Signature Place Notary Seal Above Signature o of Publlc-- 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)7 ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ® ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator ITopMh!of thumb ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder-Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hf-e dds by nominate,constitute and appoint Richard A.COON,Charles L.FLAKE,David L.CULB n e OOD,all of Anaheim,California, EACH its true and lawful agent and ma y d deliver,for, and on its behalf as surety,and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these presen 1 p ti in as fully and amply,to all intents and purposes,as if they had been d t a`cc n p h gularly elected officers of the Company at its office in Baltimore,Md., * Per attorney revokes that issued on behalf of Richard A.COON, Charles L.FLAKE, C a ew P.FLAKE,Lexie SHERWOOD,dated November 7,2005. The said Assistant " es ereby certify that the extract set forth on the reverse.side hereof is a true copy of Article VI, s Section 2,of the By-L said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November,A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND *gyp DfPOs�i _ � o 'uIlk By: , Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland ss: City of Baltimore On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being 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. r�j�fl)flf�\1 Constance A.Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-4150H State of California County of On 3 before me, ,� � ��� , a notary public, personally appeared o proved to me on the basis of satisfactory evidence to be the personN ose nameNVafe subscribed t e within instniment and acknowledged to me t Yie executed the same in i authorized capacity�f , and that by is signatureN on the instrument the person A or the entity upon behalf o which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my ha and official seal. \ tk q, Signature (Seal) sy e. City ®f Huntington Beach � . 2000 Main Street • Huntington Beach, CA 92648 $ ` OFFICE OF THE CITY CLERIC ®- JOAN L. FLYNN CITY CLERK June 25, 2009 Imperial Paving Co. 10715 Bloomfield Ave. Santa Fe Springs, CA 90670 RE: CC-1341 —Magnolia Street Rehabilitation from Pacific Coast Hwy to Atlanta Ave. Enclosed please find your original bid bond for CC-1341. Sincerely, � M I- J+4(j Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citjp 4WRJ#j��&retWi 441;@r&.cNew Zealand (Telephone:714-536-5227) 0 2003 MAIII 14 2'• 56 /o715' AV6-: w SA,J TA Fi�- 5PRIAJ6 5 CA I®?'7O � i i 3 3 8 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE CC NO. 1341, PHASE 1 in the CITY OF HUNTINGTON BEACH May 6, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE—ADDENDUM 1 Changed item No.12 from"Traffic Striping"to"Traffic Striping per Plan". Changed Item No.13 from 1178 EA Traffic Loops"to"82 EA Traffic Loops". Changed Item No.26 from "No.26"to"No.25" 2) REVISED BID SCHEDULE—ADDENDUM 1 Deleted Item No.25 which read "Install protective waterproofing per Appendix Vil", since this item is an additive item and is not an item in the Bid Schedule. 3) INCLUDED SIGNING AND STRIPING PLANS The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project Plans as Sheets 1 to 4 of Signing and Striping Plans. Bidders shall submit SECTION C with the most current r vised bid schedule entitled "Revised Bid Schedule- Addendum 1". Award will be based on most current revi a Bid Schedule. This is to acknowledge receipt and review of Addendum Nu er J01e at y 00 /MI-)Fi2ZA L_ AA V J... G (4 ) o I�lC. , Company Name &i4ll S, I_1A y £3 , Zoo? Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at(714)536-5431. r � R L SECTION C PROPOSAL for the construction of MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341,PHASE 1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date specified in the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit price figures shall govern over extended amounts, and words shall govern over figures. C-1 T 1 1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received hk d'der's Signature 5- t3- G C-2 r t SECTION C PROJECT BID SCHEDULE MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE I BASE BID: TOTAL AMOUNT BASE BID IN FIGURES: 1�2• 2� TOTAL AMOUNT BASE BID IN WORDS: QC C-2.1 r SECTION C MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PRASE 1 ADDITIVE ALTERNATE BID ITEM: FURNISH AND INSTALL BRIDGE DECK MEMBRANE OVER THE ENTIRE BRIDGE DECK SURFACE, INCLUDING ALL ASSOCIATED WORD, PER PLANS, SPECIFICATIONS AND APPENDIX VII. TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 25,Ccr. TOTAL AMOUNT LUMP SUM BID IN WORDS: Tw�v-r - �_�vE Ti-�u s.�-• rc� ,r]c�u..��S . C-2.1 A REVISED PROJECT BID SCHEDULE-ADDENDUM #1 Magnolia St.CC-1341 tt~irt::100 Ate ::::::::::::::::::::::::::::: i rt-wollxls: )iiit 'irice:: ::::Amotcn 1 1 Mobilization LS @"i"t JD TtkflUS —1t�, F'r wE t 040edtollars $Z�DO• $ 5-y). Cents Per LS 2 1 Traffic Control Plan LS @ Dollars $ $ 5,0m.� Cents Per LS 3 1 Furnish Project Traffic Control LS ( 014; Dollars C, Cents Per LS 4 Cold Milling and Header Cutting incl.Disposal of Material& 127045 Fabric SF @ Dollars $ �'4 $Q FOU t�LT�-t—+-1 Cents Per SF 5 3190 Unclassified Excavation incl.Disposal of Matrial and Fabric ZS 7,,�;D CY @ Twee` Dollars $ C $ C Cents Per CY 6 65685 Surface Grind(0.IT)Incl.Diposal of Material and Fabric o SF @ Dollars $— 4 $ q RA Cents Per SF 7 7220 Construct Asphalt Concrete(0.17'-0.78'per plan) TN @ 51 Y-Tel Dollars $ (IF 0. $­4 33,2co. Cents Per TN 8 6460 Construct Asphalt(0.17'ARHM Overlay) TN @ -_)CVt ice,/ Dollars $ 7(7. $ ,5 A. Cents Per TN 9 19 Adjust Sewer/Storm Drain Manhole to Grade EA @ FIVE Dollars $ 15 . $ e - Cents Per EA 10 5 Adjust OCSD Sewer Manhole to Grade EA @ �\VE �1 U.Jf Zc17 Dollars $ J2�• _ $ Cents Per EA 11 24 Adjust Water Valve to Grade EA @ V-bU* Dollars $ Oo- $qR [ODD• ✓ Cents Per EA C-2.2 REVISED PROJECT BID SCHEDULE-ADDENDUM #1 Magnolia St.CC-1341 trt ................ ... ............... www .................... ............................. .......................................... .... .......... ..... ..... :P.. .......... ........ . ..................... 12 1 Traffic Striping per plan LS Dollars $A0'VV0.— $40,C)vp. Cents Per LS 13 82 Traffic Loop EA @ D"Q; OkL-1�T- Dollars $ I Sp. $ Cents Per EA Remove&Reconstruct Curb&Gutter(CF=8",Includes AB, V 14 680 Slot Pave)per Std Plan 202 LF @ Dollars $ t ot)o. Cents Per LF 15 7240 Remove&Reconstruct Sidewalk per Std Plan 207 SF @ FIVE Dollars $ '�(Pf zyb Cents Per SF Remove&Reconst.Access Ramp(Incl.Depressed C&G, 16 6 Retaining Curb, I'Slot Pave&SW) EA @ Dollars $4 Doc--_ $113'Oco. Cents Per EA 17 4 Install Truncated Domes into existing Ramp EA @ 51 Y- 0X_'-,J Dollars $ (450 0 $ Cents Per EA 18 12 Survey Monumentation EA @ $ 3 S00 Cents Per EA 19 1 Adjust Survey Monument Well to Grade EA @ 'Fboyz Dollars $ 4w- $ -4ov. Cents Per EA 20 1 Establish New Survey Monument per Std Plan 219 EA @ V:bove— —Dollars $ -4ov. $ -4t-v. Cents Per EA 21 1160 Remove and Reconstruct Driveway Approach per Std.Plan 211 SF @ IN I Dollars $ $ 100-44 C) Cents JPer SF C-2.3 y f REVISED PROJECT BID SCHEDULE-ADDENDUM#1 Magnolia St.CC-1341 ..... s......>. .:.:.:....:.:......i..... uu�t c ce: . ase.... ...................:: lYo : uaiiilEity: vs riteiii .v4rils: .:::Uii>ic rlcex ::::Aiiouri# 22 1 Adjust Monitoring Well to Grade EA @ '�DV 12 1+V,..t Dollars $ $ Cents Per EA 23 1 Remove&Install New Traffic Signal Pullbox EA @ VIVE Dollars $ $ J� Cents Per EA 24 1300 Install 2"X 6"Redwood header&stakes adjacent to AC LF @ Dollars $ J. $ Cents Per LF 25 1 Bicycle Traffic Loop EA @ Tw C, Dollars $ M . $ 7�fl Cents Per EA -Total ><noun ase Bicl anFigures: / 7 , Total Amount Bse did in Words:fn TN...✓ ..... -!! ..............� ............... Seve--dz OSA_J!; O. s Nv.- C7f2 770c) C-2.4 M LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor ,State License Class of Work Number S r�vT,h- /� 1 of�S LiF ¢Niel P+dc) io..aa g7w �t o.-io-'rc. � 10? A G Puu2 CD 154"TA SNe'v—C-S C►2s4ue By submission of this proposal,the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 A- NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of I m aEj?=i AL— �c�y�,sC �_t� . 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. Wameloder M'Jt--C 'TA V7 dJAr►TA Fr'rzt•�C-, � bra �'toLr 7�`3 Address of Bidder Subscribed and sworn to before me this W 'day of h-4A , 200 1 . NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On > " % before me, FRITZ DOW COY, NOTARY PUBLIC Date - Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS , , ASST. SECRETARY Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose namei�s) is/atesubscribed to the within instrument and acknowledged to me that he/s`MX-kd executed the sarr e in his/ffeWffi4i4Xauthorized capacity(}N), and that by his/htft& signature( on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws FRITZ DOW COY of the State of California that the foregoing paragraph is Commission#1801776 true and correct. -'� Notary Public-California = Z ' Los Angeles County My Comm. Expires Jun 15,2012 WITNESS my hand and o ial seal. Signature Place Notary Seal Above Signature of Not Publ 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(s) Signer's Name: Signer's Name: -:I Individual D Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): _I Partner— Limited ❑ General ❑ Partner—0 Limited ❑ General Attorney in Fact ❑Attorney in Fact Trustee Top of thumb ❑Trustee here Top of thumb here :1 Guardian or Conservator C' Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave-,P.O.Box 2402-Chatsworth.CA 91 31 3-2402-Apnnm.NationalNotary.org Item n5907 Reorder:Call Toll-Free 1-800-876-6827 ° c p t 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 FY 2008/09 ARTERIAL REHABILITATION, (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: "Qualifned 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. o tractor By A9&-?2 r �t LD S Assr Title Date: t!� Zep 3 C-5 e a 1 q DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 t COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Co tctor 'By Title Date: ,cT/-,5 9 C-7 i s � 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: /"A—W/AL 1i9 Vl.J617 )„tC. Contractor a 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: 1"jl5glAt- L'0 , /,..JC- Bidder Name I o 77/5- Business Address City, State Zip ( 57P2 ) 9-L1y -O 7 5- Telephone Number 26(P s1oA- State Contractor's License No. and Class /2- >7- /97o Original Date Issued Z'Z6' -Zell Expiration Date The work site was inspected by of our office on , 200 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the Plans and Specifications set forth. O igna e of dde Printed or Typed Signature Subscribed and sworn to before me this//Vlay of 1--IA , 200q . NOTARY PUBLICj4 �� 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: 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 County of LOS ANGELES On S- /,-,l_ rq before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS , ASST. SECRETARY Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person( whose name) is/amaYsubscribed to the within instrument and acknowledged to me that he/sigAMd executed the sarre in his/heYVffi4Xauthorized capacity(), and that by his/%KtNNr signature( on the instrument the person(, or the entity upon behalf of which the person(} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws FRITZ DOW COY of the State of California that the foregoing paragraph is Commission#1801776 true and correct. <' Notary Public-Californi Zz a Los Angeles County WITNESS m and offi eal. My Comm.Expires Jun 15, -W- Place Notary Seal Above Signature ' nature of Notary P lic 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(s) Signer's Name: Signer's Name: _1 Individual n Individual ❑ Corporate Officer—Title(s): D Corporate Officer—Title(s): Partner—7 Limited i] General ❑ Partner—❑ Limited ❑ General * Attorney in Fact a =I Attorney in Fact Top of thumb hereTop of thumb here Trustee '---'Trustee _j Guardian or Conservator C Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: I �D2007 National Notary Association•9350 De Soto Ave-,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item r5907 Reorder:Call Toll-Free 1-800-876-6827 STATEMENT OF EXPERIENCE I CE 1 ,ciEr,,i: City of Brea ! Civic Centel-"Circle Brea, CA 928,2 I I',c=jec.t: Traffic Management Plan Valuation $80,000.00 . Completion Dat_-: 9/30/08 Contact: Brian lnoallinera Phone Nu ilber: (714) 990-7667 ?_ A esicy City of Palmdale 38250 Sierra Hiahwa_y Pa nadale,CA 93550 Project: 2008 Street Resurfacing Program Valuation: $2,692,000.00 �'oriipletion Date: 9/30/08 Contact: Mike Livingston OhoneNurriber: .(66I) 267-531 Agency: City of Fl Centno i 275 Main Street El Centro, CA 92243 }r,)ject: Dogwood Avonue Prase 11 /aIuat ori: 29,00.00 t oi pfetion Date: 9/30/08 Contact: Abraham k:an7pOs Phorit Number: (760) 336-8520 Age—vicy. City of Whittier 323C) Penh Street 'WhIttier, CA 90605 i'4s_+t,i is CDBU".rl argot Area Surface Trcatnl,.,I,m ciation: a81,000. )tt Comr)letior Date: 5/3tl/0Lt 'ontac't: SCti�IiY.Nly 11hoii.e jJt3Moe-",: (5621, 134 -iy200 - - - 9 ., r. �f ,:'s:�` _•'v_r`b ]F�ti':1}'L}] t;�vG�.��g; .}J ?,-.,t;� �'r.,,�, •x �^�z:+,, A,': -Fill j _ _i:' v _i;•;� 'r :: Y:_ ��r: %;;.;_ r r • < u Y .. W l City of Alhambra 11 So_itli l ilst Stieet Allha1111�i'ay CA, 91801 Atlantic Blvd phase it Val lia-tion: �989.00.00 Completion Date: 5/30/08 ontact: Amanda Eitel Phone NUP11-bei: (626) 5.70-5�f�'% City of Seal Licear1i 11 su' Street Seat' Beach, CA 90740 Project: Main Street Pan'ir)S; Lots /a1 , $_3S,000.00 =_�C'mpletil?i-i,Date: 4/')0/08. ontact:. David Spitz Phone Number: (562) 431 2 o13illercenire Dr, Suite l J(? Lake Forest, ClA 926_,0 ?c:jrct: ACimpi•aven.e{•i.ts.gentofTolcdoWv '�alCiatloii: $62 7,000.00 Completion Data:.. 12/31/07 Bill Seitz NUiilber: (949) i=}7?rii City of Lake I~` ?``i 2.550 Cron mercentre Dr, Suite .100 Lake forest, CIA. 92630 4 't' f' •l1 ents Nast of Toleco Way -04 p onn-lettol, Datt-. ri/ 1/0 �i ; .�.,„i, « '';Y I }C 1.\[ imbe : (949) •a 72-3 5C.` -. _ '�• .. _.�i .�':"�., .. %C el•4'�,,1:: ;:'.l...' ' ?. 1-venev: City Q- wllltti`:i., ' Whittier, CA9fy�3f}s No-walk Blvc Valuation: 1;/95,000.00 Completion Date: 9/30/07 Colltac.t: Sunny Ng Phope Number: 062) 945-•8200 City o'fS'an Dina, 245-E. Bonita Ave Sall Dimas, CA. 91773 Valuation- $1 1 8,00O.00 ti:.onapletion Dale: 8/30/07 C ailtaCt: Scott YanaLnllara . Phone ItidUmber: 909) 394-6 246 i• I'_;_Allcy: Cilrl of iPallll Springs 3200 E. "l'aligtliiz CInYon Way Palm Springs., CA 92 63-_'74; °1 uct: Al?14M Omlay t1,:{li_lation: $650,000.00 ,",ilpiedo Datt: 3/30/07 2ontact: Mike Lvtal 'hln;c Number: ;760) 3?3-82 ,8734 i'Y erl�y' City of l-i_initin ton Park- 5 s 50 Miles A. c H'_Inti ngtcn Park, C A 02 s 5 improvement of P cific B3vd, i_ia 10n: $209,000.00 tv�SZnll3icLlol"a.1Dat•`. : 3v%{ 7 O .I � r+ {, jt�E ll .,�' `'.l �ri!�y_j.l�1J -r%:i.! • ..t;li �+�� 4_,1`_ `jf ii+�f^ ?. A rer ,Ly of ��raIlg? 30I T2 �'hamalam r Vc. Orang.:, CA 92866 Santiago RigIlt"FUrn Lane 1111111'CVe 7e?1t:5 Valtiati6n: $125,000.00 Completion Date: 10/3.1/06 <�onlac:. Randy Nguyen 'none Number: (714) 744-5 531 City oI lil=uhond Bar 21825 Copley f fir. Diamond liar, CA 91765-4 178 Project: Neighborhood T11affic Management project i 35,000.00 Completion LD,aty 10/31/06 C'fol;iact: Jorge Garcia 1' one Number:. (909) E39-7046 AL ;i1C, City yr San F1':ri;a1-idc! 1 1 7 Ma cricil it. aII Fern and�o., C'f 91'40-299 Library y Street & Alley Improvenl-r j , . i�tii3.at1C'r('_: .�=i3�+,UvtJ.VV Completion Dat .: 9/31/06 Manuel 1'a6i ".1 Phone Number: (818) QU98-124I_, ax CV- ", The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Imperial Paving Company, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of Amount Bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for Magnolia Street Rehabilitation the Project: NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal'-Jenfeirs.into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, . whichever is less: this obligation is null and void, otherwise to remain in full force and effect:. , Signed and sealed this 8th day of May 2009 Irr rial P vi CAI&A IW. BY: (Witness) tPrinclal ITS: �L 1�T C Dori S{ AST SSc rt�TAo�z The Guarantee Company of North America USA BY: III Syr ' Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On _ TJ- 1.4—D,q before me, FRITZ DOW COY , NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ROBERT COLLINS , , ASST. SECRETARY Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name) is/awsubscribed to the within instrument and acknowledged to me that he/s`b AIXP,�executed the same in his/I ffi4i]Kauthorized capacity(*§), and that by his/hbMN& signature(i) on the instrument the person(, or the entity upon behalf of which the person(4 acted, executed the instrument. FRITZ 00W COY I certify under PENALTY OF PERJURY under the laws Commission#1801776 of the State of California that the foregoing paragraph is Z .-Y Notary Public-California true and correct. Los Angeles County My Comm.Expires dun 15,2012 WITNESS m hand and official seal. Signature Place Notary Seal Above Signa a ubli 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—D, Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator D Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,PO Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item n5907 Reorder:Call Toll-Free 1-800-876-6827 t THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Matthew C.Welty Millennium Corporate Solutions,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31'`day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused Ee this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day ' Ooko of November,2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA p� Jqi STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. '-^- . Cynthia A.Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee 3:> ..^ Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2012 j.. Acting in Oakland County rtA- LrQJ I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a We and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 8th day of May 2009 db'9_y.NTEE C,O4 U 1 1 0- Randall Musselman,Secretary �RTH AMEp>�P City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 A� OFFICE OF THE CITY CLERK e JOAN L. FLYNN CITY CLERK June 25, 2009 Sequel Contractors, Inc. 13546 Imperial Hwy. Santa Fe Springs, CA 90670 RE: CC-1341 —Magnolia Street Rehabilitation from Pacific Coast Hwy to Atlanta Ave. Enclosed please find your original bid bond for CC-1341. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citi�.4i,&gjMicWEL,�puoet�WiAgW&3cNew Zealand (Telephone:714-536-5227) SE6�UEL GOf�iTRAGTQRS, IBC 13546 imperfaf fwvy ��r1ta�e,Sprinq ,GA 90670 2009 Mgt` 1. Pal ' 4 r - - - e "r r w.«,.i-��✓ - - i € � c � f L n f i . t I t I City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE CC NO. 1341, PHASE 1 in the CITY OF HUNTINGTON BEACH May 6,2009 i Notice To All Bidders: ; i Please note the following clarification to the Project Plans,Specifications, and Special Provisions: s' 1) REVISED BID SCHEDULE—ADDENDUM 1 1 Changed item No.12 from"Traffic Striping"to"Traffic Striping per Plan". j Changed Item No.13 from"78 EA Traffic Loops"to"82 EA Traffic Loops". ! Changed Item No.26 from"No.26"to"No.25" y 2) REVISED BID SCHEDULE—ADDENDUM 1 Deleted Item No.25 which read "Install protective waterproofing per Appendix VIP', since this item is an additive item and is not an item in the Bid Schedule. 3) INCLUDED SIGNING AND STRIPING PLANS The attached striping and signage plan date approved May 6,2009 shall be incorporated into the Project Plans as Sheets 1 to 4 of Signing and Striping Plans. i Bidders shall submit SECTION C with the most current revised bid schedule entitled "Revised Bid Schedule» Addendum 1". Award will be based on most current revised Bid Schedule. j This is to acknowledge receipt and review of Addend �umberOne, d d 0 TOF-72 INC.- o- Company Name MICHAEL A. MIAHLER,ASS3T.SECBETIABY i Date 1 i All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at(714)536-5431. f E 4 i i i I s , SEQUEL CONTRACTORS, INC 13546 Imperial Hwy, SECTION C Santa Fe Springs, CA 90670 PROPOSAL for the construction of MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C..NO. 1341, PHASE 1 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material,, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date specified in the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit price figures shall govern over extended amounts, and words shall govern over figures. C-1 SEQUEL CONTRACTORS, INC. 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 B(dlas/�iAJ, in the amount of$ /O� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda if any: !7 �, , e Addenda No. Date Received d ' ' atur SG C-2 tl i SEQUEL CONTRACTORS, INC. SECTION C PROJECT DID SCHEDULE MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 BASE BID: TOTAL AMOUNT BASE BID IN FIGURES: TOTAL AMOUNT BASE BID IN WORDS: lS kU� Huzub ft&.1' dNJfvc C-2.1 SEQUEL CONTRACTORS, INC. SECTION C MAGNOLIA STREET REHABILITATION FROM PACIFIC COAST HIGHWAY TO ATLANTA AVENUE C.C. NO. 1341, PHASE 1 ADDITIVE ALTERNATE BID ITEM: FURNISH AND INSTALL BRIDGE DECK MEMBRANE OVER THE ENTIRE BRIDGE DECK SURFACE, INCLUDING ALL ASSOCIATED WORK,PER PLANS, SPECIFICATIONS AND APPENDIX VII. TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 0 o0o . TOTAL AMOUNT LUMP SUM BID IN WORDS: Jos T OUS C-2.1 A 'QUE IT INC. REVISED PROJECT BID SCHEDULE-ADDENDUM#1 magnolia St.CC-1341 tl .......................... .................... ....................ase.. Mobilization LS @ (nor-i syvd"u -1f{pusAlib Dollars $27,400. s -7 -Cents Per LS Traffic Contr W Plan @ 1-114 �_�464kf Dollars LS &M. $ Z4w 40- Cents Per LS 3 1 Furnish Project Traffic Control r'41R-T4 THR49 71efdvs*p-� -5 JK V I-V'JU jkl U AJ 7�J 9��b Dollar, - $ 93*760 '- LS @ s $33 Cents Per LS 4 Cold Milling and Header Cutting incl.Disposal of Material& 127045 Fabric SF @ 21 0_0 Dollars .0/0 Cents Per SF 5 3190 Unclassified Excavation inel.Disposal of Matrial and Fabric 010 CY @ F1 V C- Dollars Cents Per CY 6 65685 Surface Grind(0,1 T)incl.Diposal of Material and Fabric SF @ 2 P'9-0 Dollars $ 6n► Cents Per SF 7 7220 Construct Asphalt Concrete(0.171-0.79'per plan) TN ti Dollars $ % ­7— 'Z CPO Cents Per TN 8 6460 Construct Asphalt( .17'ARHM Overlay) @ IN Dollars $ Cents Per TN 9 19 Adjust Syeeor,/St D Manh I t G d;nygrn oe o ra ON EA /Y Dollars $ $-&-o' Cents Per EA 10 5 Adjust OcWewer Mij*ole to Grade EA @ 6!f—We 414,004614 Dollars Cents Per EA 11 24 Adjust Water Valve to Grad EA @ I%M-Mld Dollars -40- Cents Per EA C-2.2 SEQUEL CONIMA C-1 oil-s, REVISED PROJECT BID SCHEDULE-ADDN EDUM #1 Magnolia St.CC-1341 ................... kd ............ ......... .... 12 1 Traffic Stri jpg per plan LS @ 1*0k!��Dollars Cents Per LS 13 82 Traffic Lo 010 EA Dollars $ A/ Cents Per EA Remove&Reconstruct Curb&Gutter(CF�8",includes AB,V 14 680 Slot Pave)per St Plan 202 LF Dollars Cents Per LF 15 7240 Remove&Reconstruct Sidewalk per Std Plan 207 0, SF Dollars 7. $ tv A, Cents Per SF Remove&Reconst.Access Ramp(Incl.Depressed C&G, 16 6 Retaining C b VSlot P v &SW) OV.0 EA Dollars —400, -to- Cents Per EA 17 4 Install Trunat Domes into existing amp EA $ P74Z @ Dollars Cents Per EA 18 12 Survey Moomentation,/j EA @ Dollars _?n $ Cents Per EA 19 1 Adjust SuXrve t Well to Gra/de 10/ EA @ ,y OW,4elreol Dollars Ob Cents Per EA 20 1 Establish Sur;velonument per Std Plan 219 EA @ Dollars $ Cents Per EA 21 1160 Remove and onZet Driveway Approach per Std.Plan 211 SF @ Dollars Cents Per SF C-2.3 SEQUEL CONTRACTORS, M. REVISED PROJECT BID SCHEDULE-ADDENDUM#1 Magnolia St.CC-1341 t iro: sbriiate <;:>:::»:::: teiit:rvl�t tin�t:gir ce>::>:>:?::;:::::= ......... M "• f::•::•::•:•:•:•::•:•:•:•:•••:::: lY .. .. a :::=::: vsiira teft-ift-Woo. s::::::::::: ::YJriix•'lrace:: ::::Amvtt�t: 22 1 Adjust Momtorl 9,Well Gra EA @ � �l�' Dollars $ e , $ Cents Per EA 23 1 Remove&1 11 Ney kaffle Sjgnal P,ullbox , EA @ l/LI�//t Dollars Cents Per EA 24 1300 Install 2"X 6"Re wood header&stakes adjacent to AC LF @ Dollars $ J $ �- Cents Per LF 25 1 Bicycle Traffi�i�// oe EA @ rl4 a / Dollars $ -6- Cents Per EA Total mount Base Bid inFigures: Total Amount Base Bid m Words: , � ® ...... . .... ... _ N.. o¢7y tow r i i I C-2.4 I SEQUEL COATR ACTORS, M. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Fork Number � .g% urn Tl���- � ;q'ZUSA 3 qy 7i l,4 5 1 v r_s, s gas Z., ,4 .�. C< G� yV-6N2ovrA Ca�7I LS 26/6 50HAKAK RiA-Lr6 -A /° C P6A�GCle1�G sbUTi-1 �LIti'g�` ,7.f Ca( O By submission of this proposal,the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 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 =4iAELA.MAHL.ER,ASST.SECRETARY being first duly sworn, deposes and says that he or she is MICHAELA MAHLER,ASST.SECRETARY of SEQUEL CONTRACT ORS, INGhe 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. SEQUEL CONTRACTORS, INC. of Bidder 4 SigF.a,&rqX9LR,1MA tLER,ASST.SECC"iETARY 13546 tiVJ PERIAL WVY, SANTA FE SPRINGS, CALIF. 90670 Address of Bidder Subscribed and sworn to before me this d � �� , 200 r NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES r On MAY 1 Z0U� before me, Daniel Bus4amanite9 Notary Pub Date Here Insert Name and Title of the Officer personally appeared MICHAELA•MAHLER,ASST SECRETARY Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person((whose name( is/W subscribed to the within instrument and acknowledged to me that ♦OOO�A00�OAOAOi0000i♦®0�0A000AlA11iA0000�10 he/sheA4ep executed the same in his/heMheir authorized t QFP SEUNEKgrhF, DANIEL BUSTAMANTE capacity(ies), and that by his/heFAh& signatureW on the o U COMM. #1825827 instrument the person*), or the entity upon behalf of NOTARY PUBLIC-CALIFORNIA p which the personN acted, executed the instrument. LOS ANGELES COUNTY `q oa My Commission Expires December 20,2012 0° 1 certify under PENALTY OF PERJURY under the laws 910�00♦A000®000000i000A�00�i001l01000000��♦ of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G 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 1. 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • ' ❑ Trustee Top of thumb here ❑TfUStee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 14300-876.6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 2008/09 ARTERIAL REHABILITATION, (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. SEQUEL CONTRACTORS. INC_ o>ctor B MICHAELA.MAHLER,ASST.SECRETARY Title Date: MAY 14 ZUU9 C-5 SEQUEL CONTRACTORS. INIt. 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 E�VNo 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. SrEOJEL CONTRACTORS, INN- Co for By 9V IC u VEL A.MA •LE ,ASST.SEC ET RY Title Date: MAY 14 2009 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: G41 ,¢ 'Ovd S�?ap� (,H�ra�f3rS SEQUEL CONTRACTORS, INC. Co ractor B MIGHAELA.MAHLER,ASST.SEGRETARY Title Date: MAY 144 2gg9 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: SEQUEL G/'S R@RITn A/`Z S; G Bidder Name 13546 Imperials'Hwy. Santa Fe Springs, CA 90670 Business Address City, State Zip (562) 602-7227 Telephone Number 610600A State Contractor's License No. and Class Original Date Issued JAN 3 12011 Expiration Date MICHAELA MAHLER,ASST.SECRETARY MAY Z��� The work site was inspected by of our office on _ The following are persons, firms, and corporations having a principal interest in this proposal: Thomas S. Pack pmWdwt Abel Magallanes,V.P.&SOVOWY 1CM f.MAHLEN A 'L O T Y 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. UEL.CONTRACTORS, INC. ompan Signeffuie of Bidder ICHAEi A.MAHLER,ASST.SECRETARY Printed or Typed Signature Subscribed and sworn to before me this_day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I 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 County of LGS ANGELES On MAY 14 Z U U S before me, Dnriel Busfamanfe, Notary PI Date Here Insert Name and Title of the Officer personally appeared I &A..MAKER.AS6X,5EQfjM8y who proved to me on the basis of satisfactory evidence to be the person(,;( whose name(x) is/W subscribed to the within instrument and acknowledged to me that 000000000000e000000000000000000000000000000 he/she4hep executed the same in his/her-ftt"ir authorized DANIEL BUSTAMANTE o capacity(ies), and that by his/f eir signature() on the peY' EUPEMq Sr ��, � instrument the person(, or the entity upon behalf of COMM. #1825827 which the personX acted, executed the instrument. LL " NOTARY PUBLIC-CALIFORNIA p L05 ANGELES COUNTY I certify under PENALTY OF PERJURY under the laws ® °qt F' P"` My Commission Expires December 20,2012 y oee000000000000000000000000e000000e00000eoo of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General "thumbhere ❑ Attorney in Fact a ❑Attorney in,Fact C❑ Trustee Top of thumb here ❑Trustee Top o ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 SEQUEL CONTRACTORS, INC. ST.LIC#610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office STATEMENT OF EXPERIENCE 1. OWNER: CITY OF INDUSTRY ADDRESS: 255 NORTH HACIENDA BLVD. INDUSTRY,CA 91744 PHONE NO.: (626)333-0336 CONTACT: GERRY PEREZ PROJECT: AZUSA AVE/RAILROAD STREET. WIDENING PROJECT AMOUNT: $3,884,998.75 COMPLETION DATE SEPTEMBER 2008 2. OWNER: CITY OF WESTMINSTER ADDRESS: 8200 WESTMINSTER BLVD. WESTMINSTER,CA 92683 PHONE NO.: (714)898-3311 CONTACT: JAKE NGO PROJECT: WESTMINSTER BLVD. MEDINA ISLANDS PROJECT AMOUNT: $2,157,180.00 COMPLETION DATE FEBRUARY 2008 3. OWNER: CITY OF COSTA MESA ADDRESS: 77 FAIR DRIVE COSTA MESA,CA 92628 PHONE NO.: (714)754-5223 CONTACT: TOM BANKS PROJECT: 17TH STREET BEAUTIFICATION PROJECT AMOUNT: $2,801,689.75 COMPLETION DATE OCTOBER 2007 4. OWNER: CITY OF RANCHO PALOS VERDES ADDRESS: 30940 HAWTHORNE BLVD. RANCH PALOS VERDES,CA 90275 PHONE NO.: (310)544-5252 CONTACT: BINDU VAISH PROJECT: ANNUAL STREET MAINTENANCE PROJECT AMOUNT: $1,500,000.00 COMPLETION DATE DECEMBER 2005,2006,2007 5. OWNER: CITY OF DOWNEY ADDRESS: 11111 BROOKSHIRE AVE. DOWNEY,CA 90241 PHONE NO.: (562)904-7118 CONTACT: NOE NEGRETE PROJECT LAKEWOOD BLVD.IMPROVEMENTS PHASE IA PROJECT AMOUNT: $6,274,630.00 COMPLETION DATE AUGUST 2006 SEQUEL CON'I'1ZACTORS9 INC. ST.L1C#610600A 13546 IMPERIAL HWX SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office STATEMENT OF EXPERIENCE 6. OWNER: PORT OF LONG BEACH ADDRESS: 925 HARBOR PLAZA LONG BEACH,CA 90802 PHONE NO.: (562)590-4172 CONTACT: GARY CARDAMONE PROJECT: PIER E BERTH D28-E27 NEW GATE PROJECT AMOUNT: $6,279,157.00 COMPLETION DATE APRIL 2006 7. OWNER: CITY OF TUSTIN ADDRESS: 300 CENTENNIAL WAY TUSTIN,CA 92780 PHONE NO.: (714)573-3030 CONTACT: DENNIS JUE PROJECT: IRVINE&NEWPORT INTERSECTION PROJECT AMOUNT: $4,034,000.00 COMPLETION DATE APRIL 2006 8. OWNER: CITY OF SEAL BEACH ADDRESS: 211 EIGHTH STREET SEAL BEACH,CA 90740 PHONE NO.: (714)431-2527 CONTACT: RAYMOND VELASCO PROJECT: VARIOUS STREET IMPROVEMENTS PROJECT AMOUNT: $917,329.50 COMPLETION DATE AUGUST 2006 9. OWNER: CITY OF LAGUNA BEACH ADDRESS: 505 FOREST AVE. LAGUNA BEACH, CA 92805 PHONE NO.: (949)497-0345 CONTACT: FRED SHAHIDI PROJECT: VARIOUS DOWNTOWN STREET IMPROVEMENTS PROJECT AMOUNT: $791,357.15 COMPLETION DATE JANUARY 2006 10. OWNER: CITY OF ANAHIEM ADDRESS: 200 S.ANAHIEM BLVD. ANAHIEM,CA 92805 PHONE NO.: (714)765-5776 CONTACT: CHUCK SMITH PROJECT: LINCOLN&STATE COLLEGE. INTERSECTION PROJECT AMOUNT: $1,757,836.00 COMPLETION DATE AUGUST 2005 SEQUEL CONTRACTORS9 INC. ST.LIC#610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 ®Dice STATEMENT OF EXPERIENCE i 1. OWNER: CITY OF SIGNAL HILL ADDRESS: 2175 CHERRY AVE.. SIGNAL HILL,CA 90806 PHONE NO.: (310)329-0102 CONTACT: DERRY MACMAHON PROJECT: SPRING STREET WIDENING PROJECT AMOUNT: $3,674,380.00 COMPLETION DATE MAY 2004 12. OWNER: CITY OF EL SEGUNDO ADDRESS: 350 MAIN STREET EL SEGUNDO,CA 90245 PHONE NO.: (310)524-2361 CONTACT: MARYAM JONAS PROJECT: MAIN STREET&GRAND AVE IMPROVEMENTS PROJECT AMOUNT: $3,419,623.00 COMPLETION DATE MARCH 2O04 13. OWNER: CITY OF ANAHIEM ADDRESS: 200 S.ANAHIEM BLVD. ANAHIEM,CA 92805 PHONE NO.: (714)765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE II PROJECT AMOUNT: $17,500,000.00 COMPLETION DATE MARCH 2O01 14. OWNER: CITY OF ANAHIEM ADDRESS: 200 S.ANAHIEM BLVD. ANAHIEM,CA 92805 PHONE NO.: (714)765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE I PROJECT AMOUNT: $19,941,735.00 COMPLETION DATE JUNE 1999 i Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Sequel Contractors,Inc. as Principal hereinafter called the Principal,and Vigilant insurance Company a corporation duly organized under the laws of the state of New York as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars ($l 0% }, for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Magnolia Street Rehabilitation- 1341 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which! the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed an&sealed this 8th day of May 2009 Contra ors,Inc. Witness (Seal) By: 1 HAEL A. g ame/rifle Vigilant Insurance Company _. _..Sliretv (Seal) Witness By' imothy D.Rapp ttomey-in-Fact ORSC 21328(5/97) 1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California µCounty of orange ' on 05/08/09 before me, Debra Swanson, Notary Public (Nara insert name and title of the officer) personally appeared Timothy D. -Rapp-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(A is/aft subscribed to the within instrument and aei nModged to me that he/ executed the same in hi&1eW#xir authorized capacity(4"),and that by his/herMhezr signature{s�on the instrument the person.(*j,or the entity upon behalf oe which the personfA acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T�„ WITNESS my hand and official seal. N o�ts£"1Oi DEBRA SWANSON COMM.# 1822117 A Y-® NOTARY PUBLUAIJORNIA ;U ORANGE COUNTY N {Notary Seal} c Myk0�y 10,2012 5ignatutt of Notary Public A.DD]<'I'IONAL OPTIONAL INFORMATION INSTRUCTIONS FOR.COMPLETING THIS FORM iny D1sSCRIpTION OF THE ATTACHED DOCUMENT adirawle4wit coat ood it Cal(fobria a-ust oaivabr verb&Cc raacdy as eppeors aabavti lh do. y,aomraa or a esparwe a.cb+orrred-m"form m sr be pncpertV CwgpW d avid auadW to than ifoc wmmt Tyre only eseeprion is I a docra eW is to:be mmrded maside of Cal&wia.It such Meta ca.any alrernavw (Title or description of attaclxd document) aabnow kdgtnetnt verbiage ae inoy I be printed of sruah a docurtaa so long as the werbkv does trot requl-the imrary to do—thing that is illegal for a notary in Calobetsm(Le.etrt(fyintg the audkvued a pactiry of the signer). Please check the (Title or description of attached document coatinuod), do It fy for propsr i►btarial warding and anwh'dd4 form if required Number of Pages Document Date • State and County information must be the State and.County when:the,document $ signm(s)p--ally appwW t cA-she.tnomry public for-knowla gmen- o Dow of notarization must be the date that the s4am(s)pemnelly appeared which must also be On same date the acknowledgirwit Is campleoed. (Additional information) • The notary.public must print his or her mane as is appear within his or her co-mnission followed by a comma and then your tide(notary public). . Print`-dte nomo(s)or document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • indicate dte coffin singular or Plural foram by crossing oft'inomvet forms(i.e. O Individual(s) bd*&*w#r is Aar)orcittding cite correct forts.Failure to correctly indicate thus i4fom atim my read to mjoction of document recording. 0 Corporate Officer 4 The notary seal itnptcssion trust be clear and photographically reproducible. rmptodsion must not cover text,or linen:it seat impression smudges,re-seal if a (ride) sufrtckm arcs permits,otherwi3e.complete a different acknowledgment form 0 Pwinei(s) • Signau or the'notary publicmug match the signature on rile with the office of the dit:& 0 Attorney-in-Fact O Additional inform u not required but could help to ensure this 0 Tnistoe(s) adruo►vlg fat b cot misused or attached to a diffcnxn document O C)tYmer 4 Inadieate title or iyPa of attached document,numbw of P&G"and daw. Indicate the capacity claimed by the signer.If the claimed capacity is a coMwi a office.indicate the title(i.e.CEO,CFO.secretary). • S=mly attach dl s.docummt to ttte signed documnt 2M8 Version CAPA v12.10.07 804873-9863 www.NotaryChmes.com Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Linda D.Coats,Matthew J.Coats,Douglas A.Rapp and Timothy D.Rapp of Laguna Hills,California eachas their true and IawM Attorney-in-Fact to execute under such designation in their names and to affix their corporate seats to and deliver for and on their behalf as surety Mareon or otherwise,bonds and undertakings and other writings obligatory in Lie nature thereof(other than ball fronds)given or executed in the course of business,and any instruments amending or altering the same,and oonsents to the modification oralteiration of any instrument referred to at said bonds or Obligations- tovmmaa whereof,said FroenAL rmaunANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC IN'UFMNM 0MIMALMY.havo each are!`.utal and attested these presents and affixed their corporate sears on ttas 3(Pth day of March,2W9. C: /'7 , 1) 4 enne I C-Wendel,Assistant Sr� ry"'"" I David iris,J:.,Vice P STATE OF NEW JERSEY ss- Counly of Somerset On this 30th day of March,2009 before me,a Notary Public of New jersey,personally came Kenneth C.Wendel,to me Wrown to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INMMNITY COMPANY,the compardes which executed the foregoing Power of Attorney.and fhe said Kenneth C.Wendel,being by me duly sworn,did depose aitd say that he is Assistant Secretary of.FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knouts the corporate seats thereof,that the seats affixed to the roregong rower of Awmay are such cone mW seals and were thereto arflxed by authority of the By-Laws of said Ccrnpanies:,%nd that"stgneo said Power of Attomay as Assistant Secretary d said companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows tram to be Vice Prudent of-said Companies;and that the signature of David 8,Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.NOW*,Jr.,and was aherelo subscribed by authorty,of said By- laws and in WponerYs presence. ,Yvrxrthl:leaf yAqH� KAnAcHeR 'ff lay,, NOTARY KieuC OF NEW 9 Y 68S-CC��RrNo.23iaj - - . w f- JD C iWaa 8.,..tM July 8,M Notary Public � ,iERS�c CERTIFICATION Extract from the By-taws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "Ali powers of attorney for and on behalf of the company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Praskiant or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Seaefary,under their respactive designations.The signature of such officers may be,engraved,printed or Rthographad.The signature of each of the following officers:Chairman,PresldaM,arty Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the'sesi at the Com",ity may be affixed by facsfnule to any power of attorney or to any oonlrwat*rotaLng.thereto appoinUN Aceierar*Sxmtsrkm or Altars}¢-In.Paet for purposes onty of sirocuti e,and attesting bonds and undertakings and artier writings obligatory in the nature thareaf:and any such power of attorney or certificate bearing such fadsimde signature or facstlmile scat shalt be eaild arw binding upon the Company and any such power so execnned and carfiSed by such facsimirm signature:and facsimile sesi shag be valid and binding upon 1he,Company with respect to any bond or undertaking to whirls it is atached." i,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (Ihe"Cornpanfosr)do hereby certify that (i) the foregoing extract of the By-Laws of the Compares is true aril correct. (f) the Companies are duty kvIsed and authod2iad to transact swety business in all�O of the United States of America and the District of Columbia and are inAhorited by The U.S.Treasury Oepartime<n;further,Federal and Vigilant are dcensed in Puerto Rloo and the U.S.Virgin Islands,and Federal is licensed in American Samc%Guam,and each of the Provinces of tanada excep Prince Edward Island;and fiti) ttre toreyoirrg Power of Attorney is true.correa and in full force and ilea. Given under my hared and Seals of said Corniowles at Vrlarrerk,NJ this 8th jayof May,2009 Kenneth C.Wdridel,Assistant secrawry IN THE EVENT YOU_WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OFTHIS BOND OR NOTIFY'LIS OF ANY OTF#Eii MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(W8)903-3493 Fax(908)903-3656 e-mail: sure chubb.comi Form 15-10-022511-U (Ed.5-03) CONSENT ` f CALIFORNIA ALL-PURPOSE OSE ACKNOWLEDGMENT State of California County of LOS ANGELES On MAY ® 9 2009 before me, Daniel Busta ante, Notary Publ Date Here Insert Name and Title of the Officer ' personally appeared MICHAELA.MAHLER,ASST.SECRETARY Name(s)of Signer(s) i who proved to me on the basis of satisfactory evidence to be the person(A whose name(V is/Ne subscribed to the within instrument and acknowledged to me that 0000010000000000♦0000@0000000000000010@0000 he/shaA4,e executed the same in his/he#their authorized DAN{EL BUSTAMANTE m capacity(ies), and that by his/herftheir signatureX on the SHE"' s r : instrument the personX, or the entity upon behalf of COMM. #1825827 K which the personoo acted, executed the instrument. " °• NOTARY PUBLIC-CALIFORNIA p LOS ANGELES COUNTY My Commission Expires December 20,2012 ° 1 certify under PENALTY OF PERJURY under the laws 00010000000000000000000000000000000000000@$ of the State of California that the foregoing paragraph is. true and correct. WITNESS.Signature—my �hand and officia 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General _ ❑ Attorney in Fact a ❑Attorney. in;Fact G ❑ Trustee Top of thumb here _❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NabonaJNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827