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Southern California Underground Contractors, Inc. - 2004-09-07
RECEIVED BY: i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) ` v` "J _ after signing/dating (Date) L-i,MAT CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shand Freidenrich,/City Treasurer �! FROM: `-7 DATE: SUBJECT: Bond Acceptance I have received the bonds for f�- �i42�/ �_ /A )11144?W)_A,,', A (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. A-3 Re: Tract No. CC No. s MSC No. Approved 4AOV I f/ /l14,41- Agenda Item No. pyuncd Approval Date) City Clerk Vault No. #27 g:/followup/bondletter doc 0iffCity of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: T7ic SE LISTED HEREON FROM: R. Charlone, Construction Manager DATE: April 19, 2005 SUBJECT: Retention Release Payment Company Name: Southern California Underground, Inc. Address: P.O. Box 1747 City, State and Zip Code: Brea, CA 92822 Phone Number: (800) 375-7272 Business License Number: 50- Ax53o-at-v Local Address: N/A Notice of Completion Date: 03/23/05 Contract Purpose: Retention Release for Cash Contract 1257, CDS Units Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the ct t this time. y I 'i vs Date 01-11 Paul Emery, Acting Public Works Director certify that there are no outstanding invoices on file. Date S n Idenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Joan ly City Clerk retention release memo.doc 4/19/2005 8:18 AM RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH La INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for • C-��'�1 Jam. l� � = (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. S MSC No. Approved 411111/05Z Agenda Item No. (Council App val Date � y ,� City Clerk Vault No. —1� 0, T-j #27 gJfollowup/bondletter.doa One Newark Center International fidelity Newark,New Jersey 07102 1 N S U RAN C E C d M PANY (973)624-7200 Executed in Two Counterparts BOND NO. 0386375 MAINTENANCE SO,N12 KNOW ALL MEN BY THESE PRESENTS: THAT WE, Southern California Underground Contractors,Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY,a New Jersey Corporation of One Newark Center,20th Floor, Newark, New Jersey,licensed to do business in the State of New Jersey and California , as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the full and just sum of Five Hundred Ninety Three Thousand Four Hundred and 50/100 Dollars ($ 593,400.50 ) Dollars lawful money of the United States of America to the payment of which sum,well and truly to be made, the Principal and the Surety bind themselves,their successors and assigns,jointly and severally, firmly by these presents. SIGNED,SEALED AND DATED THIS 23rd day ofMarch ,2005 THE CONDITION OF THIS OBLIGATION IS THAT,WHEREAS the Principal entered into a contract with the Obligee for Central Park and Warner&Nichols Stormwater Treatment Project Cash Contract 1257 AND WHEREAS,the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract. NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of March 2,2005 thruMarch 2,2006 because of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof,then this obligation shall be void;o 'se it shall be in full force and effect. All suits at law or proceedings inequity to recover on this bond ust be Ins ituted within twelve(12)months after the expiration of the maintenance period provided for herein. Sou hern Calif mia Underground Contractors,Inc. Witness By. TI INTERN O IDELI 'L FTY INSURANCE COMPANY � Witness By. V See Attached Surety All-Purpose Mark E. Shreckengas , ttomey-in-Fact Notary Acknowledgment Form Attorney-in-F c 1-83 APPROVED AS TO FORM J IFER Mc RATH, iy Attorney yl'llr�� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of LOS Angeles On /1'1"r_ f~ 1, 2 OcxIS before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared cearge Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMES CRAIG JACKSON capacity(ies), and that by his/her/their � COMM.#1485807 — NOTARYPueuc eCALIFORNIA o signature(s) on the instrument the person(s), LOS ANMLES COUNTY or the entity upon behalf of which the M MR W!'Mm!M CorrrWWonEx0vesA*6125,2M person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF.PeOTOKY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 23,2005 before me, Laura L. Hanna,Notary Public, personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same L A U R A L. I'IANNA in his authorized capacity,and that by his signature on the instrument the COMM.#1452703 m person,or the entity upon behalf of which the person acted,executed the NOTARY PUBUC,CAUFORNIA > instrument. LOS ANGEUS COUNTY My Comm.Expims Nov.23,2007 WITNESS my hand and official seal. ignature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel (9731 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,an and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or perantted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and maybe revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. �E1,1TY/NC, IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �\ P 0 G signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. SEAL m INTERNATIONAL FIDELITY INSURANCE CO r y 1904 r STATE OF NEW JERSEY JEaS��p County of Essex 0 V?e-Wtident��7� On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly swom,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seat of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 0PAQG IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, �P. at the City of Newark,New Jersey the day and year first above written. NOTARY ' 0 PUBLIC L• '►�JE S� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 23rd day of March 2005 Assistant Secretary s y Company Profile Page 1 of z Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER zoTH FL NEWARK, NJ 07102-5z07 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: I1592 NAIC Group #: 0000 California Company ID #: 4341-4 Date authorized in California: February o9, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Com laint_Studies http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof Utl.get_co_proPp_EID=... 4/5/2005 Company Profile Page z of z Want More? Help Me Find a Company Representative in My Area Financial_Rating Organizations Last Revised-November 04, Z004 im8 AM Copyright© California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_Co_prof utl.get_co_prof?p_EID=... 4/5/2oo5 CONSENT OF OWNER ❑ HITECT SURETY COMPANY CO TRACTOR SURETY TO FINAL PAYMENT OTHER AIA DOCUMENT C707 Bond No. 0386375 Executed in Two Counterparts PROJECT: Central Park and Warner&Nichols Stormwater Treatment Project (name,address) TO (Owner) ARCHITECT'S PROJECT NO: City of Huntington Beach 2000 Main Street CONTRACT FOR: Cash Contract 1257 P.O.Box 190 Huntington Beach,CA 92648 L .J CONTRACT DATE: October 18,2004 CONTRACTOR: Southern California Underground Contractors,Inc. P.O.Box 1747 Brea,CA 92822 In accordance %with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surety Company) International Fidelity Insurance Company 1575 Treat Boulevard,Suite 208 SURETY COMPANY, Walnut Creek,CA 94596 on bond Of (here insert name and address of Contractor) Southern California Underground Contractors,Inc. P.O.Box 1747 CONTRACTOR, Brea,CA 92822 , hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the S --ety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Main Street,P.O.Box 190 OWNER, Huntington Beach,CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 23rd day of March X 2005 . International Fidelity Insurance Company Surety Company By: Signature c4 Authori Representative Attest: (Seal):See Attached Surety All-Purpose Mark E.Shreckenga , ttomey-in-Fact Notary Acknowledgment Form Tide NOTE: This form is to be rased as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIE•AVtT OF PAYMENT OF DEBTS AND CLAIMS, Current Edlt,on AIA DOCUMENT C707• CONSENT OF SURETY COMPANY TO FINAL PAYMENT• APRIL'1970 EDITION • AIAe ONE PAGE 0 1970•THE AMERICAN' INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N\V, VIASHINGTON, D.C. 26006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 23,2005 before me,Laura L. Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the LAURA L. HANNA person,or the entity upon behalf of which the person acted,executed the COMM.#1452703 m instrument. NOTARY PUBLIC,CALIFORNIA ; LOS ANGELES COUNTY My Comm.ExPires Nov.a 2 07 WITNESS my hand and official seal. Signature of otary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SERECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attorneys)-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.intm the nature thereof,which are or may be allowed,required or pertted by law,statute,rule regulation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of wliyich the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. �E�,►TY/H�, IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �\ P 0 (/ signed and its corporate seal to be affixed by its authorized officer,this 31st day of August.A.D. 1998. 2 SEAL � V�� �r�,�y INTERNATIONAL FIDELITY INSURANCE CO c y 9 STATE OF NEW JERSEY d� , p County of Essex Vi?e-P, ent On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. CO NOTARY O �p PUBLIC �ERs� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 23rd day of March 2005 Assistant Secretary io - lobo "15 PLEASE COMPLETE THIS INFOMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder !!II!!I!!I!!II!!lil!IIIII!!II!I!II!IIII!!I!III!!!I!!!lIIII!!III!IIIIIII!II!NO FEE AND WHEN RECORDED MAIL TO: 200500021764610:54am 03/23/05 106 73 N12 1 WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0o CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 i� THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: NOTICE OF COMPLETION 1 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 Southern California Underground, Incorporated who was the company I thereon for doing the following work to-wit: STORM WATER TREATMENT PROJECT, CDS UNITS, CASH CONTRACT-1257 That said work was completed March 2, 2005 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 March 2,2005,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract International Fidelity Insurance Company was surety for the bond given by the said company as _ required by Law- This document is solely for the official business of the City of Huntington Beach, as contem lated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this March 17,2005. Director of Public Works r City Engineer Qity of Huntington Beach,California STATE OF CALIFORNIA) M� 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 COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of O nge County. Dated at Huntington Beach, California,this March 17,2005. ector of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 06 nCQ_T i P P MP 1P7f95) City of Huntington BeacH Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 t Gentlemen: The undersigned, contractor on: Cc's 5 -7 es 1 c�'e�7` Project No. Title 1 hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the ?. t have been paid wages at rates not less than those required by the contract pr visi s, and that the work performed by each such laborer, mechanic, apprentice or t ainee onformed to the classifications set forth in the contract or training program rovisio s applicable to the wage rate paid. (Sign ure and Title) APPROVED AS TO FORM )EN IFER M�GRATH,City Au m y Sarahputyy1 403 g:followup\cashcont\cashcon 1.doc procedure#14 V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On 11a r_ C, �t 3. 2OC.x_'� before me, James c. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G„'JANE DOE,NOTARY PUBLIC- personally appeared George Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed JAMESCRAIGJACKSON the same in his/her/their authorized • COMM #1485W7 ; capacity(ies), and that by his/her/their NOTARY PUBLIC*CALIFORNIA o signature(s) on the instrument the person(s), LOS ANMES COUNTY or the entit u on behalf of which the t M R MA'M*M R! comnr.aon mo ►«w A�zs,zoos Y P person(s) acted, executed the instrument. WITNESS my hand and official seal. r SIGNATUA OF N ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING- NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S)OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 DECLARATION OF SATISFACTION OF CLAIMS Swam &UMP, lfaww utd �'ri,�tict�cta�c, ,� , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i _ Sta C.-, ntfi Pba►'ec - <e,Sti ron�mot- /� 57 7 and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none,state"NONE") I declare under penalty of perjury that the foregoing ' true. nd correct. . Executed at 13-e4 cat , on this 3 day o /"1c�-�'c,� , 200. (Location) nature of Contractor) APPROvEDAs TO FORM VNTFERM.IGIRATH,CftyAamy g:followup\cashcont\cashcon2.doc ttoo 2 I(�bprocedure#15 Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 State of california County of Los Angeles On ^ c f- a 3. a aUs before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared George Frost , NAME(S)OF SIGNER($) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMES CRAIG JACKSON capacity(ies), and that by his/her/their COMM.#1485807 signature(s) on the instrument the person(s), NOTARY PLMW*CALIFORNIA o or the entity upon behalf of which the LW"-&PkOS AWCOU25, acted, executed the instrument. cwn�rw��+.�ru za zoos person(s) WITNESS my hand and official seal. SIGNAYUPXeF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING- NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S)OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 RECEIVED BY: CITY CLERK RECEIPT COPY ff Return DUPLICATE to City Clerk's Office (Name) after signing/dating 30 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha i Freidenrich, City Treasurer ) (,� FROM: j�` ! - ' �I DATE: SUBJECT: Bond Acceptance I have received the bonds for /F /,.�ti�yz(ikc�li .�l xt� ✓�A,� (Company Name) Faithful Performance Bond No. (1 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. * Re: Tract No. CC No. MSC No. Approved - .0 Agenda Item No. G rn (Council pprov I Date City Clerk Vault lVo. #27 g:/followup/bondletter.doc PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE %CW) am a Citizen of the United States and a NOTR w eS 'equal value to ante retention in accordance with the provisions of BIDS For 16CENTRAt PARK the California Govern- resident of the County aforesaid; I am AWWAM&NKOS meat The Code, Section over the age of eighteen years, and not a STORMWARk REATMW shall be beneficial owner party to or interested in the below entitled PROJECT re the Surety and shall any interest CASH CONTRACTk12S7 thereon. matter. I am a principal clerk of the IndI.Gff'OF affirmat EN Yensu es by HUNTINGTON BEACH INDEPENDENT, PUBIC N�OTICCE Is ent rpriisses wi�lln LIUCH ess be HEREBY GIVEN that the afforded full opportunity a newspaper of general circulation, CITY OF HUNTINGTON to submit bids in re- printed and published in the City of BEACH, a AGENCY, spouse to this notice invites sealed bids for and will not be dis- t h e above stated crigdnatad against..,on Huntington Beach, County of Orange, projects and will receive the basis'of race,:color, such bids in the office national origin,'ancestry, State of California and that attached Fl the City Clerk,Second Sex, religion i any Floor,2000 Main Street, eonsjdpration leading to Huntington Beach, Cali- the award of contract. Notice Is a true and complete copy as fornia 92648, up to the No bid shall be con- hour of 2:00 P.M. on sidered unless it is was printed and published in the October 12, 2004. Bids prepared on the ap- the C publicly open in proved Proposal forms Huntington Beach issue of said the Council Chambers in conformance with the unless otherwise posted. Instructions to Bidders. newspaper to wit the Issue(s) of: Copies of the Plans, The bid must e ac Specifications, and companied by a certified contract documents are cheek, cashier's check, available.from.the Office or bidder's bond made of the Director of Public:payable to the AGENCY Sept . 23, 2004 Wgrks, 2000 Main for an amount no less Street, Huntington than 10%of the amount bid. scessful Sept . 30 , 2004 Beach, CA 926481lupon bidderThe shall be licensed payment of a t1l'00 in accordance with Oct. 2004 nonrefundable fee if provisions of the Busi- r picked up,.or payfnent ness and Professions of a $45.00 nonrefund- Code and shall possess able fee if mailed via a State Contractor's U.S. Postal Service, License,Class at the Fed UPS UPS or any other time of the bid opening. delivery service. The successful Con- (Contractor to provide a itractor and his sub- shipping account number contractors .will,, be for use of delivery required to possess declare, under penalty of perjury, that services other than business licenses from standard U.S. Postal the AGENCY. the foregoing is true and correct. Service) The AGENCY reserves This is a Davis-Bacon the right to reject any project and the Federal or all bids,to waive any Regulations will be irregularity and to take enforced. Any contract all bids under advise- Executed on October 7, 2004 entered into pursuant to ;ment for a maximum this notice will incionsor- period of 60 days. at Costa Mesa California. the orate Fehdepral rovisLaboof r BY ORDER of the CITY OUNCIL of CITY OF Standards,,which are on HUNTIINGTONe BEACH, file at the office of the CALIFORNIA,The 7th day Director of Public Works, of September,2004. 2000 Main Street, Hun- Attest-0 tington Beach,CA 92648. Joan L.Flynn, The AGENCY will de- CITY CLERK'OF THE CITY duct a 10% retention OF HUNTINGTON BEACH Signature from all progress pay- Published Huntington ments. The Contractor Beach Independent may substitute an es- September, 2 30, crow holder suretv of Octobdi"7f80bi 44-018 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) SECTION C equal value to the NOTICE INVITING,SEALED I with ention in accordance c provisions rdan e am a Citizen of the United States and a BB1SFordIeCEINKH LS the California. Govern- on WWARI R3NKHOLS I4590t The eContractor resident of the County aforesaid; I am STONWAT�MATMENT shall be beneficial owner of the surety and shall over the age of eighteen years, and not a PROJECT receive any interest CASH CONTRACT No.1251 thereon. party to or interested in the below entitled Win-My OFThe AGENCY hereby affirmatively ensures matter. I am a principal clerk of the HUNTINGTON BEACH that4,minority,.business PUBLIC NOTICE IS enterprises: will be. HUNTINGTON BEACH INDEPENDENT HEREBY GIVEN that the afforded futl opportunity CITY OF HUNTINGTON to submit bids in re- a newspaper of general circulation BEACH, as AGENCY, spouse to this notice , invites sealed bids foror and will not be dis- printed and published in the City of the above stated ated against on the O projects and will receive .the basis of race, color, such bids in the office national origin,ancestry; Huntington Beach, County of Orange, of the City Clerk,Second) sex, or religion in any Floor,2000 Main Street;; consideratipn'leading to State of California, and that attached Huntington Beach, Cali-j the award of contract. Notice is a true and complete co as fornia 926:0 up to the de bid shall be is hour of 2:00 P.M. on i sidered unless it is p copy October 12, 2004. Bids prepared on the ap- will be publicly open in' proved Proposal forms was printed and published in the the Council Chambers' in conformance with the unless otherwise posted.1 Instructions to Bidders. Huntington Beach issue of said Copies of the Plans, The bid must, .be ac- Specifications, and, companied by.a certified newspaper to wit the Issue(s) of: contract documents are check, cashier's check, available from the Office, or bidder's bond made of the Director of Public, payable to the AGENCY Wgrks, 2000 Ai inl for an amount no less Sept. 23 , 2004 Street, Hunti gton than 1 Th of the amount Beach, CA 92648, upon bid. The successful payment of a $35.00 bidder shall be licensed. Sept• 30 , 2004 nonrefundable fee if in accordance with picked up, or payfnent Provisions of the Busi- ness and Professions OCt. 7 r 2004 of a fee$45 if mailnonred Code and shall possess able fee if mailed via a State Contractor's U.S. Postal Service, License Class at ,the FedEx,UPS or any other time of the bid opening. defivery service. The successful Con• (Contractor to provide a tractor and his sub- " shipping account number contractors will be for use of delivery, required to .possess services other than ,business licenses from declare, under penalty of perjury, that Service)d U.S. Postal the AGENCY. This is a Davis-Bacon The AGENCY reserves the right to reject any the foregoing is true and correct, project and the'Federal Regulations will be a r all bids, waive any irregularity and to take enforced. Any contract entered into pursuant to all bids under advise- October 7 r 2004 this notice will incor- pent for a maximum Executed on porate the provisions of period days. the Federal Labor BY ORDER of the CITY Standards,which are on COUNCIL HUNTINGTON the CITY OF at Costa Mesa, California. file at the office of the CALIFO BEACH, Director of Public Works, of September, 2 0th day 2000'Main Street, Hun- of September,2004. tington Beach,CA 92648. Joan L The AGENCY will de- ITY L.Flynn i duct a 10% retention CITY CLERK THE CITY progress pay- OF HUNTINGTON lashed BEACH from all p Published Huntingt Signature ments. The Contractor Beach Independeon nt may substitute an es- Septe�0 ' 30, crow holder surety of� October��:20p9� 4-018 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 1, 2004 Southern California Underground Contractors, Inc. P. O. Box 1747 Brea, CA 92822 ATTN: Mr. George Frost Re: Central Park and Warner& Nichols Storm Water Treatment Project The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:fol lowup\cashcont\cashcon-letter.doc (Telephone:714-536-5227) City of Huntington Beach" Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 A Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN IFER WGRATH,CffyAttornry sarak Sutton Puty City Attorney i ZI`f I V*I g:followup\cashcont\cashcon 1.doc procedure#14 1 V DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) APPROVED AS TO FORM ;JE NiFER MARATH,CityAttoraey g:followup\cashcont\cashcon2.doc a�ahsutto, 2Iprocedure#15 eputAttoraey RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) Me CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Fu TO: Sh i Freidenrich, City Tr surer FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for (Company Name) Faithful Performance Bond No. ���� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. \ yam -&/Vj Re: Tract No. CC No. +��' MSC No. Approved a Agenda Item No. fo (Council Approv l Datef _ City Clerk Vault No. 4y; Qo. � #27 gJfollowup/bondletter.doc a THE AMERICAN INSTITUTE OF ARCHITECTS 10 Executed in Two Counterparts Bond Number: 0386375 Premium: $4,937.00 Final Premium Based on Final Contract Amount AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Southern California Underground Contractors,Inc. International Fidelity Insurance Company P.O.Box 1747 1575 Treat Boulevard,Suite 208 Brea,CA 92822-1747 Walnut Creek,CA 94596 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: October 18,2004 Amount:Five Hundred Sixty Four Thousand Six Hundred Seventy Five and No/100 Dollars $564,675.00 Description (Name and Location):Central Park and Warner&Nichols Stormwater Treatment Project-Cash Contract 1257 BOND Date (Not earlie an Construction Contract Date): October22 2004 Amount:Five and d Sixty Four Thousand Six Hundred Seventy Five and l�o/100 Dollars $564,675.00 Modificati s to thi Bond: ® None El See Page 3 CONTRA TOR A P INCIPAL SURETY Compan (Corporate Seal) Company: (Corporate Seal) Southern alifo erg and Contractors,Inc. International Fidelity I rance Co any k&A Signature: Signature: Name and Title: �y.E'c� pt' q S T" Name and Title: rk E.Shreck gast,Attorney-in-Fact V 71�� - (Any additio signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 7447 N.Figueroa Street,Suite 200 PROVED `S,TOfFORM; Los Angeles,CA 90017 (323)256-0126 NNIFER McGRATH, pity Attorn AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED. -AIA t THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING•MARCH 1987 I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner, If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for. paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or -1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-19M 2 THIRD PRINTING•MARCH 1987 1 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,toper- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •AIA 19 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22, 2004 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared George Frost Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the ���•®o®®m,Q®��,e�„�a,�®rno.®oa ua.. person,or the entity upon behalf of which the person acted,executed the ® IM JULIE PA,GNd�0s011uyC� instrument. E WITNESS my hand and official seal. 7 �^nhG_LCS O;`U.i,Y 2 II t\ M. Comm.�xai*ts Apni 26,20N Signa Notary u lic Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_President —Partner--Limited—General _Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors,Inc._ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22,2004 ,before me,Laura L.Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. LAURA L HANNA COMM.#1452703 WITNESS my hand and official seal. NOTARY PUBLIC,CALIPORNIA 3 j LOSANGEUs COUNTY i MY Comm.Exirw Nov.2S,2W7 Aaw nature of No ry Pub(liic', , "— Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: THE AMERICAN INSTITUTE OF ARCHITECTS Executed in Two Counterparts Bond Number: 0386375 io Premium: Included in Performance Bond AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Southern California Underground Contractors,Inc. International Fidelity Insurance Company P.O.Box 1747 1575 Treat Boulevard,Suite 208 Brea,CA 92822-1747 Walnut Creek,CA 94596 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 CONSTRUCTION CONTRACT Date: October 18,2004 Amount:Five Hundred Sixty Four Thousand Six Hundred Seventy Five and No/100 Dollars $564,675.00 Description (Name and Location): Central Park and Warner&Nichols Stormwater Treatment Project-Cash Contract 1257 BOND Date (Not earlie Construction Contract Date): October 22,2004 Amount: Five ndred ixty Four Thousand Six Hundred Seventy Five and No/100 Dollars $564,675.00 Modification to this nd: ® None O See Page 6 CONTRACT RASP IN IPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Southern Cal ornia d gro Contractors,Inc. International Fideli surpnce nu Signature: - Signature: - AM- 5-Name and Title: 2 +FCoS Name and Title: Vlark E. Shrec ngast,Attorney-in-Fact Y'ester--r- (Any additional Xgenatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 7447 N.Figueroa Street,Suite 200 APPROVED AS TO FORM: Los Angeles,CA 90017 (323)256-0126 /?/ y IFER X -fy_Au m y AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W.,WASHINGTON,D.C_20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default, dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shalt have under this Bond no obti- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety. that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAO THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W_,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and p Upon requeciaryst by of this Bond,n or he Co appearing Contractor be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 19M ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-19M 6 THIRD PRINTING•MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22, 2004 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared George Frost Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same �����19,R�®���•��,�*�„,�,;�4.,..-:ou,.� in his authorized capacity,and that by his signature on the instrument the .IULIE 0 ` '= s�`,;'Y G ' person,or the entity upon behalf of which the person acted,executed the . :• 0 G �_%`_�::. ;a r a ,���;;:..�=c; s- instrument. 2 L� A�GELES; TY Y Apo; :_,200. WITNESS my hand and official seal. �. ,... e wa.�awaaaaa�ewnr�ros�T�at�aa+ro�ua Signature Notary Public Place Notary Seal Above Optional Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_President _Partner-_Limited_General _Attomey-in-Fact Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors,Inc._ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22,2004 ,before me,Laura L. Hanna,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the _ instrument. LAURA L. HMA COMM.#1452703 52703 WITNESS my hand and official seal. � NOTARY PUBLIC,CALIPORNIA 9 LOS ANGELES COUNTY My Comm.Ermine Nett 4 2007 1 ������_ Signature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Individual ~_Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact Trustee '_Guardian Other: Signer is Representing: Tel(973)614-7200 POWER OF ATTORNEY NTTERNA'T`IONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-52.07 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,-a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SHRECKENGAST, JULTE M. OR14ONDROYD Los Angeles, CA. its true and law6it attorney(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, regelation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said IN1'RRNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undettaking to which it is attached. Ty/H�, IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �Q0D` (/w signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. 4� �t' y INTERNATIONAL FIDELITY INSURANCE CO NY o SEAL ran STATE OF NEW JERSEY 6 y 19t4 , Q County of Essex yd �1,ERS � Vice-Pr ident On this 31st day of August 1998,-before me came the individual who executed the Preceding instrument, to me personally known, and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL.FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OARQ6 IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, It- � at the City of Newark,New Jersey the day and year first above written. C NOTARY t,, + PUBLIC - _ bj .-► yir y JER A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov,21,2005 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby Certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company asset forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in fu!l force-and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 22nd day of October, 2004. . A Assistant Secretary Company Profile Page i of z Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER zoTH FL NEWARK, NJ 07102-5207 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 11S92 NAIC Group #: 0000 California Company ID #: 4341-4 Date authorized in California: February o9, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information AO Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pis/wu_Co_prof/idb_Co_prof utl.get_co_proPp_EID... 11/1/2004 Company Profile Page z of z Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-October or,2004 o6:z4 AM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_Co_prof Utl.get_co_proPp_EID... II/1/2004 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that weSouthern California Underground Mere insert full name and address or legal title of Contractor) Contractors,Inc.,P.O.Box 1747,Brea,CA 92822-1747 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company, 1575 Treat (Here insert full name and address or legal title of Surety) Boulevard,Suite 208,Walnut Creek,CA 94596 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ), 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 Contract No. 1257, Storm Water Treat�nentPro�ectt (Here insert full name,address an descriptio o project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the 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,o e event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pa o the ligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger ount for hich the Obligee may in good faith contract with another party to perform the Work covered by said bid, the this obligati n shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 12th day of October 2004 Southern alifo is Underground Contractors,Inc. (Pri al) (Seal) (Witness) By. IF (Title) (-e-5 Intemati al Fidelity Insurance Company (Sure ) (Seal) (Witness) By: /k See Attached Surety All-Purpose (Title) Notary Acknowledgment Form Mark E. Shrecken st, Attorney-in-Fact AIA DOCUMENT A310• BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ® Printed on Recycled Paper 9193 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of california County of Los Angeles On Cjc_-fo be4-- P, before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC personally appeared Gorge Frost , NAME(S)OF SIGNER($) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMES CRAIG JACKSON capacity(ies), and that by his/her/their COMM.#1485W7 e 21 signature(s) on the instrument the person(s), NOTARY PUBLIC•CAUFORNIA o LOS ANMES COUNTY or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATUREO NeTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED El GENERAL 1-1 ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S)OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7164 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 12, 2004 ,before me,Laura L.Hanna,Notary Public,personally appeared Mark E.Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. LAURA L HANNA� WITNESS my hand and official seal. COMM.#1452703 m Lu NOTARY PUBLIC,CAUFORNIA n LOS ANGEf.ES COUNTY iffy Comm.Expires Now 23,2007 tgnature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel(973)624-7206 POWER OF ATTORNEY INTERNA 1 IOINAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BONDMDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attorney(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,stature,rule,regulation,contractor otherwise including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Department of Trannsspportatton,State of Florida,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. �E�t?y/Nd' IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. INTERNATIONAL FIDELITY INSURANCE CO c �' SEAL m y STATE OF NEW JERSEY gpq n 6 p County of Essex y NJEa`' 3` d''liVj � ��a Secretar On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known,and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL WIDELTTY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. O NOTARY PUBLIC L.. * •k �JERs� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-],.aws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 12th day of October,/ 2004. A_� Assistant Secretary City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16& 171proje . Fixed Cost for Item#16 (Landscaping) No Fixed Cost for Item#17(Tree Removal and RThis modification does not change the Engineer's Estimate ftThis is to acknowledge receipt and review of Addendum Nu beer 4, 2004. SWAM &UOW& of l4 , -CAX, 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 Douglas A. Erdman at(714) 374-1735. -1 ACORD DATE(MM/DD/YYYY) TM- CERTIFICATE OF LIABILITY INSURANCE Nov 104 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BACCARELLA INSURANCE SERVICES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6864 INDIANA AVE.#201 / CO �s HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIVERSIDE CA 92506 �P ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A_: LANDMARK AM_E_RICA_N_ INSURANCE COMPANY SO.CALIFORNIA UNDERG,fZOUND CONTRACTORS,INC. P.O.BOX 1747 //� / � INSURER B CENTURY NATIONAL INSURANCE COMPANY ---------- -------- BREA CA 92622 INSURER C: STATE COMP INSURANCE FUND /71�j4 INSURER D: THE INSURANCE CO OF THE ST OF PE_N_N 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 ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD DATE MM/DD/YY DATE MM/DD GENERAL LIABILITY LHA124924 DEC 3 03 DEC 3 04 ,EACH OCCURRENCE _ __$ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 _ CLAIMS MADE X OCCUR MED EXP(Anyone person) $ 5,000 A PERSONAL 3 ADV INJURY $ j,000,00.1 GE'4FRAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG. $ 2,000,000 POLICY X PROJECT LOC AUTOMOBILE LIABILITY BAP140531 OCT 4 04 OCT 4 05 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ B - - --- ----- — HIRED AUTOS BODILY INJURY ' X NON-OWNED AUTOS ' AYPR0,V `D AS"} �b 7�`'afi (Per accident) $ -- --- --------- PROPERTY DAMAGE $ i - +l (Per accident) / GARAGE LIABILITY 1 WZ Oy AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY. $ --- ACQ EXCESS/UMBRELLA LIABILITY 42031221 DEC 3 03 DEC 3 04 EACH OCCURRENCE $ 4,000,000 X OCCUR - CLAIMS MADE AGGREGATE $ 4,000,000 DEDUCTIBLE $ RETENTION$ 0 $ WORKERS COMPENSATION AND 04601457204 AUG 1 04 AUG 1 05 X WC STATU- OTHER EMPLOYERS'LIABILITY - TD$YlJMtT�,-- -----.. --- ---- -----.- `+ ANY PROPRIETOR/PARTNER/EXECUTIVE I EL EACH ACCIDENT $ 1,000,000_— OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under '- - ------ -- -------- --- -- ---- SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 DAY NOTICE FOR NON PAYMENT OR NON REPORTING OF PAYROLL* RE: CENTRAL PARK&WARNER&NICHOLS STORMWATER TREATMENT PROJECT-CASH CONTRACT 1257. CITY OF HUNTINGTON BEACH,DEPARTMENT OF PUBLIC WORKS,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS ARE HEREBY NAMED AS ADDITIONAL INSURED PER COMPANY FORM ATTACHED. WAIVER OF SUBRO APPLIES TO WC. FORM ATTACHED. CERTIFICATEHOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DEPARTMENT OF PUBLIC WORKS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL l S1PIIp MAIL 30- DAYS WRITTEN NOTICE TO THE CERTIFIC TE HOLDER NAMED TO THE LEFT,SIM 2000 MAIN STREET PPRFRRRNPRWPW HUNTINGTON BEACH,CA 92648 Tl#WRIZED,REPRESENTATIVE /Attention: DAVID M.VERONE la" (J� e ACORD 25(2001/08) Certificate# 16310 ' 0371933 ©ACORD CORPORATION 1988 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Pollcy_ Please React It Carefully, ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies rnsurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organlzatton_ any person or organization to whom or to which you are obbgated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy (g no entry appears above, information required to complete this endorsement will be shovrn in the Declarations as applicable to this endorsement.) SECTION II • WHO IS AN INSURED is amended to include as an insured the person or organt7ation shown in the SCHEDULE, but only witn respect to`iabifity arising out of"your work'for that insured by or for you If you are required by a written contract to provide primary insurance, this policy shall be primari as respects your negligence and SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but onty with respect to coverage provided by this policy. This endorsement effective 1210312003 forms pail of Policy Number LHA124924 issued to SO CAO. 70RNIA UNDERGRCUNQ CONTRACTORS. INC by L-andmark American Insurance Company Endorsement No., RSG 15001 0903 Includes copyrighted material of Insurance Services Office, Inc 1984 TM.� (CG 2010 1185) with its permission CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FU N DI CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-27-2004 GROUP: 000046 POLICY NUMBER: 14572-2004 CERTIFICATE ID: 16 CERTIFICATE EXPIRES: 08-01-2005 �I 08-01-2004/08-01-2005 CITY OF H6R EAC�i C IAL S � TRUED ON 10E26_2004 DEPARTMEN �2Jgyy���� y� 2000 MAIN STREET HUNTINGTO (MIn" DOCUMENT This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California insurance Commissioner to the employer reamed below for the policy period indicated. This policy is n u t c Ion t ALupon 30 wrl to the employer. We will also g ee u d rs adv nc otice ho be cSncled ri s r rm�piration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policy listed h n re uirem cument with respect to whFin e if, 0 in ranee may b is d whnWc t i su nce afforded by the policy described her I errs exclus a o AUTHORIZED REPRO./AP F I C I A�SIDENT STATE EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EORSEMP EE ATTACHED 0 M61i PARTEOF I SCE L . 08-01-2004 IS VMI NT ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10--27-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINGTON BEACH OFFICIAL STATE FUND DOCUMENT EMPLOYER OFFICIAL STATE S CALIFORNIA UNDERGROUND CONTRACTORS INC PO BOX 17UND DOCUMENT BREA CA 92 [S.tw,SKI PRINTED:11-01-2004 SCIF 10262E Accept this certificate only if you see a faint watermark that reads"OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Sew1"k�'R»r► C.,1'.�orn:�, uw..lar,�n��,�! G.,�fE,toc�ers..�r+c. FOR CCA-at t p� k ,tea usgr^.er � N4ckots TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT &TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON-ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 18 40. CALIFORNIA EIGHT-HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION,MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI-KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE Ef CITY OF HUNTINGTON BEACH AND So•,t'kern Cv It��h�4 (Jtn.�eraroMn� Co^iraJors _ftc- / Q FOR i?7, C� CA1 /ARA 91c✓ (, .#44ew ��� c Ao/S 5-roiLM r,Jg,fd2 7�E4fME�� //'o�� C t .3T THIS AGREEMENT ("Agreement") made and entered into this day of /D✓.C-MkN -� 20 o y , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 57--41.er•n Cal,�tlre;., QAJ1rar.v..4 C.,�4r�.c�ors, a California �r(�r4��o✓� , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Ce"Ah,. i P.'r LJ..r n e,i- el N d c ha(s 9140r f► tl.l��e� Pt��n���n'f Qro�Q in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/federal 4-20 1 work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly,to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 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 agree/forms/federal 4-20 2 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agree/forms/federal 4-20 3 F'VQ ASLS%j 1A S xg}Y 7e.wl' �enta+► d S►x N,.nars,A 5•J e a+y 4',c Dollars ($ 5 0, L 5. '= ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within S'k�7 !pa consecutive Wo r k,%cj D-,ysfrom the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope agree/forms/federal 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/forms/federal 4-20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including,but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 0Aor 7 oyJ7-#-1W Dollars ($ /040.9 ) per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federal 4-20 6 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 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. agree/forms/federal 4-20 7 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 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however,the time prescribed therefor may be extended by CITY. agree/forms/federal 4-20 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment,upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 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, agree/forms/federal 4-20 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 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. agree/forms/federal 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/forms/federal 4-20 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/forms/federal 4-20 12 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/forms/federal 4-20 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 'V2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/forms/federal 4-20 15 TO CITY: TO CONTRACTOR: City of Huntington Beach S`.,tl�.rrn ('Q (��.ae►a �ndor�l'cww� C•n{K'�"'�.r"`' ATTN: 1>AV t b Ve R,tiA C � o X, 1`1 47 2000 Main Street Huntington Beach, CA 92648 e A 12? ZZ 30. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/forms/federal 4-20 16 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing parry shall not be entitled to recover its attorney's fees from the non- prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agree/forms/federal 4-20 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/forms/federal 4-20 18 worker paid(either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any one (1) calendar day or forty (40)hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/forms/federal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code,regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms/federal 4-20 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES,ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents,principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled"Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four(4)years after their discharge and(2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/forms/federal 4-20 21 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland"Anti-Kickback" Act(18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including,by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR,part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborcr on the basis of a standard workday of eight(8)hours and standard workweek of forty(40)hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight(8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/forms/federal 4-20 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency(EPA)List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a)thorough(d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC Section 6201, et seq.). agree/forms/federal 4-20 23 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules,regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. agree/forms/federal 4-20 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a G�rr��ucd Ca�i i�, 9e� municipal corporation of the State of California S'out`lwuc Mayolf IC By: ATTEST: prin name ITS: (circle one)Chairma res* ent ice President 1ty erk / O� AN APPROVED AS TO FORM: By: l S O j City Attorney ►+ z310 print ITS: (circle one ecretary/ hief Financia[Officer/Asst. Secretary-Treasurer INITIAT AN OVED: REVIEWED AND APPROVED: Director of Public Works C°ty Administrator agree/forms/federal 4-20 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22, 2004 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared George Frost Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the g000.w® person,or the entity upon behalf of which the person acted,executed the �® f JULIE M,OliM0t1JX10Y0 c instrument. CA MTV'!PUOLlG- Kl l ^R?ti!� �° r. WITNESS my hand and official seal. 2 LOS AMGELES COUs5T! o a. My Gomm.Ecplrfi.Aprii 2,,.."_•UO a m soe�xeeor a*asM�#ba a�a��®®aa asseA r�x�®uoo Signa Notary Pub is Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_President —Partner--Limited—General _Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors,Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 22, 2004 ,before me,Julie M.Ormondroyd,Notary Public,personally appeared Jim Jackson Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the •YYYYYO®Y••GiYYY YYYYYae•®YYrYYY•oY Y'4'Y YK instrument. JULIE M.ORMONDROYD R >s COMM.#1302326 P WITNESS my hand and official seal. S _ NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm.Expires April 26,2005 iiwYc4r�r�iA4®M�IRBr1P�s4€;&$1+EsrrtoaY00000YYo Sign atur of otary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual X Corporate Officer-Title(s):_Secretary —Partner--Limited—General _Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Southern California Underground Contractors,Inc._ 'z4 SECTION C PROPOSAL for the CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: 4, In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. s. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE EX/74/Z /T „ tein:: sxsrriated::::.... . :::::::..te n:witti:un�f:price::: amended:::: i 1 1 MOBILIZATION L.S. @ 7W ,t9u-SG,KC� Dollars $ bpIX�,- $ 2C DING z? r G Cents Per L.S. 2 1 CLEARING/GRUBBING L.S. @ TiyjeA)4f •rivQ- -r1kCoC-$C-*t Dollars - $ ccc b Cents Per L.S. 3 1 TRAFFIC CONTROL L.S. @ te -tiay.5CkAa Dollars $ 00161—�— $ �b Cents Per L.S. 4 1 DEWATERING ,J _ L.S. @ On e- - U-SCAA�0( Dollars $ �9UC'�,"- $ 1006— Cents Per L.S. 5 1 SHORING&BRAnC,IN�G L.S. @ A6.1,62 ' �� Dollars $-5 � $ 112=_ 5 -�C> Cents Per L.S. 6 2 Purchase&Assemble CDS MODEL PSW70,,_70(1 --L& 1-R) EA. @ �►�e 1 �r`V ? -tAWIA-�ty Dollars $ 9.560o $ C)co, f O Cents Per EA. 7 2 Purchase&Assemble CDS MODEL PPSW50_50 (1 -L& 1-R) EA. @ •tY`+f 4vI a TAcuu.54wd Dollars $ 75CCXc. $ DCb, 2e�ro Cents Per EA. 8 3 Construct Cast in Place Diversion Wier Box Structure EA. @ fk,)e14fP - -L-Sa,*PA Dollars $ L20co, $ .3_6 ccol LZ(f�PO Cents Per EA. 9 1 Remodel Existing �Manhol_e//Construct Diversion Weir EA. @ mil 7 A0 L-'-S r_�cJ� Dollars $ 40,C9920 $AO—Q0D, Cents Per EA. 10 7 Install Manhole,Frame&Cover, /Pressure type / EA. @ FOw- Dollars $ 0oc'.^ $ 04�. z2-Cra Cents Per EA. C-1s PROJECT BID SCHEDULE Item-1 Estimated :::::::::::::: Item:rtiatti:tin�f:price:: attended:: ....................... .................. .. ........................................................................ ................. `:<wiritteti:En:wv ds: Unit Am6ii 11 2 all Manhole,Frame&Cover,Grate type EA. @ F7Ve— 't�oPtA-S41WJ Dollars $ „ aC'V',— $ CxC> Cents Per EA. 12 950 Roadway Pavement Repair,Section per plan S.F. @ QIE '$4t- Dollars $ 2_erCU Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan S.F. @ `(-eh Dollars 2-(?,t-0 Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocate per plan(Bid 14 65 item includes all appurtenances) � L.F. @ J�'-Ve�^ —��)'`'V`P__ Dollars 2-e-r> Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain p EA. @ FOcW KtwX1*--&Gr Dollars $ $ / Cents Per EA. Repair/ReplaceLandscaping/Irrigation including Sod(species to be 16 1 determined) L.S. @ Fifteen Thousand ^� �� Dollars $15,000.00 15 000.00 2 No -G O Cents Per L.S. Remove Ex 18"Dia Tree&supply 2-24"box replacements(size 17 1 &species to be determined) EA. @ Ti4�F-P�2eil j1 t b►LG�d`�ol Dollars $ 1 $ S Vr_9;- �U Cents Per EA. 18 1 Clean Existing JS&install self leveling Epoxy (�,y/ f^ EA. @ �wd u�w�SC� Dollars $ 2COO.- $ actor Cents f Per EA. 19 6 Install Conc.Pipe Encasement at pipe "junctions _ / EA. @ F� /�c.w e Afle6�1 Dollars $ scc.— $ 3 R—e,r d Cents Per EA. 20 4 Construct Junction Structure(Type C)per City Std. EA. @ Dollars $ $ g C'�p0 Ze� 'd Cents Per EA. C-2s PROJECT BID SCHEDULE ......... ... ............. .. .............. ..... :Ex ........ .. .... ... .............. .. ........ ... ........... ............... ... ........ .. .. . .. ...... ..... .. .. .......... ................................... . .... .. � '' "''" j WMO�: ............ 21 1 Install CLEANSCREEN debris catch basin gate EA. @ 0 � t*'-Sk^C'�Dollars 60cv#— $ 2::no Cents Per EA. 22 28 Install 24"RCP L.F. @ �JWO kALA J,�-&Aollars 1-454-0 Cents Per L.F. 23 12 Install Precast TO'RC13 L.F. @ kLut a-t-4�Dollars 2'e'CO Cents Per L.F. 24 @ -;�-CCO Dollars r 0 Cents Per 25 @ 7-e4'0 Dollars r;2-�O Cents Per Total Amount Bid in Figures: $ ........Total Bid-in-Words:. v-e AuW RA ...... .. ............. .. . ........ ------------ -- ;z7f- X- C-3s M 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 B4OJus 40..E 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 ere, i any: Addenda No. Date Received Biddges Signature dC-* k 2�`i C-3 1 ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On n fo b e-r- P��Cc'y before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared George Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 54"' JAMESCRAIGJACKSON capacity(ies), and that by his/her/their W. COMM.#1485807 ; signature(s) on the instrument the person(s), NOTARY PUBLIC•CALIFORNIA o or the entity upon behalf of which the ,2008 Commission Expires Apri126 LOSANGELES26 � person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATU E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange -,R r .e �r oS`t- ,being first duly sworn, deposes and says that he or she is Pre 51,c,-'e-K -r— of S"M u4yiz GLrad�r�o� &4Wj0' ' s4c. 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 ai hereof to effectuate a collusive or sham bid. Sign e of Bidder Address of Bidder Subscribed and sworn to before me this day of C-t , 200� . C-5 ti NOTARY PUBLIC NOTARY SEAL J - CRAIG JA KSON COW 01485807 _ NOTARY PUBLIC s CALIFORNIA o LOS ANGLES COUNTY ConwrAsO n MOM APA 24 2008 C-6 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 Central Park And Warner&Nichols Storm Water Treatment Project, (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. Contra or By Title Date: dc' I ZF Zack C-7 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On C2rfo b e,- P,2 before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared George Frost NAME($)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed JAMES CRAIG JACKSON] the same in his/her/their authorized c CONMA.#1485807 ; capacity(ies), and that by his/her/their NOTARYPUSUC.CAUFORNIA o signature(s) on the instrument the person(s), LOS ANGELES COUNTY ConwhIsManExpinsApN 42008 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATU E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 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 2 No If the answer is yes, explain the circumstances in the space provided. C-8 0 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 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 that 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. Contract r By �- Title Date: Get- I �,, �GC� `'/ C-10 Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of '-Os Angeles On before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER.E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared George Frost , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAMESCRAIGJACKSON capacity(ies), and that by his/her/their COMM.#1485807 ; signature(s) on the instrument the person(s), 0 NOTARYPMIC•CAUFORNW g y upon behalf of which the or the entity u LOS AWCELEs COUNTY comwd"anEVi►.sAp►i126,2M person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNAT E O OTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. Beam 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7164-Canoga Park,CA 91309-7184 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: Contracto By Prue 5I,c,.2'ecii-7t- Title Date: 0c f-- I Z, 2-0011 C-11 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-12 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 State of California County of LOS Angeles On 0C-Fo he-1r- I�, �'`1 before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared George Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed JA EM SCRAIGJACKSON the same in his/her/their authorized V. connM.#,assso� capacity(ies), and that by his/her/their NOTARY PUBLIC 0 CALIFORNIA o signature(s) on the instrument the person(s), LOSANGELEsCOUNTY or the entity upon behalf of which the Cortrnistiat Expins A4ri126,2008 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATUR OF NoFARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: southew &%Umia U94WWU d CorOractou, 9". Bidder Name Pam• d:,cox /7(t'7 8jr-e� � - Business Address Kce 4- rA qz8 22 City, State Zip �,2-5 - o3 3 0 Telephone Number all s6 1-4 State Contractor's License No. and Class �,7u—1 /98'6 Original Date ssued Expiration Date The work site was inspected by r of our office on �-♦-- /� , 2004f The following are persons, firms, and corporations having a principal interest in this proposal: e *4 FIBS t. C-13 C-14 The undersigned is prepared to is a Council of the City of Huntington Beach of its ability,financially or othe , to per rm the contract for the proposed work and improvements in accordanc with the 4pans and specifications set forth. 4G' rqucd CotitaGt�2a, 9 . Co any N Signature Zidder r— Printed or typed Signature Subscribed and sworn to before me this 12 day of G C-1- , 200 4. DAMES CRAIG-JACKSON lk' COMM.$1485807 NOTARY FUIM•CIWFORNIA LOS AN(im COUNTY NOTARY PUBLIC 0*" "p'"A=a ------------- 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. S'-e cL 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: C-15 Contract Amount Type of Work Date Completed C-16 Rev 12/17/03 Southern California Underground Contractors, Inc. Contract References Los Angeles County Department of Public Works, $1,471,000 "Atlantic Avenue -Phase II" (Compton) Mr. Johnny Oghoorian(626) 712-4820 Mr. Issa Adawiya(626) 786-5807, (626) 458-4931 Los Angeles County Department of Public Works, $6,200,000 "Project 9037" (Long Beach) Mr. Rene Bracamontes (626)487-9254 City of Yorba Linda, $723,000 "Denver Avenue Storm Drain" (Yorba Linda) Mr. Scott Walker(714) 875-4714 (714) 986-9546 Los Angeles County Department of Public Works, $138,000 "Project 554" (Monrovia) Mr. Victor Bermude (626) 688-8275 Los Angeles County Sanitation Districts, $8,380,000 "Joint Outfall "H", Unit 2" (Paramount) Mr. David Haug(310) 830-8050 Mr. Dan Cory(310) 701-4925 Los Angeles County Department of Public Works, $504,000 "110t' Street Drain" (Athens) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Sanitation Districts, $1,404,000 "Wright Road Replacement Trunk Sewer" (Long Beach) Mr. Jon Ganz(310) 830-8050 City of Seal Beach, $652,000 "Seal Beach Boulevard Rehabilitation" (Seal Beach) Mr. Gary Tomasetti (714) 412-2262 City of Beverly Hills, $259,000 "Roxbury Drive Storm Drain" (Beverly Hills) Mr. Ara Maloyan (310)285-2557 Rev 12/17/03 Page 2 of 2 Contract References County Department of Public Works, $1,102,000 "Access Roads Project" (Los Angeles County) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Department of Public Works, $721,000 "Hollyhills Drain" (Beverly Hills) Mr. Tony Tajoli (626) 695-7292 Los Angeles County Department of Public Works, $1,200,000 "De Soto Avenue Drain " (Chatsworth) Mr. Gary Ewells (626) 335-3966, (805) 338-3654 City of Rialto, $270,000 "Baseline Waterline" (Rialto) Mr. Mark Devlin(909) 820-2533 Los Angeles County Department of Public Works, $5,800,000 "Devonshire Drain-Unit 1" (North Hills) Mr. Del Quevedo (626)458-6310 City of Vernon, $1,220,000 "CMD Sewer Phase II" (Vernon) Mr. Vince Rodriguez(323) 583-8811 Los Angeles County Department of Public Works, $2,300,000 "Burnett Drain" (North Hills) Mr. Imad Abboud(626) 458-3104 Los Angeles County Department of Public Works, $2,200,000 "Paula Drain" (Glendale) Mr. Ruben Amezcua (323) 720-9768 City of Chula Vista, $81,000 "Halecrest Drive Storm Drain" (Chula Vista) Mr. Byron Wade (619)476-5385 Los Angeles County Department of Public Works, $880,000 "Bombardier Drain" (Norwalk) Ms. Sumitha Shivel (626)458-3104 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): �— Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: Contact Person: —rc�s-t-- Contact Phone: S 2 1(2 S -C3J 3 0 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-1'7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On nr-fo �e-,,- before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared CeOrge Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized JAM ESCRAIG JACKS ON capacity(ies), and that by his/her/their COMM.#t1485807 NOTARY PUBLIC 9CALIFORNIA rc o signature(s) on the instrument the person(s), LOS ANGELES COUNTY or the entity upon behalf of which the Comnft onExpimAprV26,2008 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE NOT RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNER(S) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document U10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Southern California Underground (Here insert full name and address or Iegal title of Contractor) Contractors,Inc.,P.O.Box 1747,Brea,CA 92822-1747 as Principal, hereinafter called the Principal, and International Fidelity Insurance Co any, 1575 Treat (Here insert full name and a dress or legal title of Surety) Boulevard,Suite 208,Walnut Creek,CA 94596 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ), 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 Contract No. 1257,Storm Water Treatment ProAectt (Here insert full name,address and descriptio o project) NOW, THEREFORE, if the Obfigee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, o e event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pa o the ltgee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger ount for hi the Obligee may in good faith contract with another party to perform the Work covered by said bid, the this obligati n shall be Wulf and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of October 2004 Southem,galifoblia Underground Contractors,Inc. (Pri al) (Seal) (Witness) By JV� (Title) f-L-5 Intemati al Fidelity Insurance Company (Surety) (Seal) (Witness) By: _,4'/ See Attached Surety All-Purpose r/ (Title) Notary Acknowledgment Form Mark E. Shrecken st, Attorney-in-Fact AIA DOCUMENT A310• BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 ePrinted on Recycled Paper 9193 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On C2c �e-,r- I212cry before me, James C. Jackson, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE ME,NOTARY PUBLIC- personally appeared George Frost NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed �-- the same in his/her/their authorized JAMES CRAIG JACKSON capacity(ies), and that by his/her/their 5 comm.*1��07 E signature(s) on the instrument the person(s), NOTARY PUBLIC•CALIFORNIA o LOSANGELESCOUNTY or the entity upon behalf of which the cormrwan Explift AprN .26,..... . person(s) acted, executed the instrument. MArwWWWWWWWWWW WITNESS my hand and official seal. SIGNATUREO N6ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Southern California Underqround SIGNER(S)OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 12, 2004 ,before me,Laura L.Hanna,Notary Public,personally appeared Mark E.Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. LAURA L HANNA ' COMM #1452703 WITNESS my hand and official seal. NOTARYpURt1C,CAL1FpRN1A g 4 LOS ANGELES COUNTY RAY Comm.Expires Nou 23,2007 tgnature of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _Individual _Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact _Trustee _Guardian Other: Signer is Representing: Tel (973)524-7200 POWER OF ATTORNEY INTERNATIONAL. FIDELITY INSURANCE COTVIPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attorneys)-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,stature,rule,regulation,contractor otherwise including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Department of Transportation,State of Florida,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-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 remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. TY/N� IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �\ (/ signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. Q OAP oRq�` �s SEAL m INTERNATIONAL FIDELITY INSURANCE CO ` 6 Z 904 n STATE OF NEW JERSEY O County of Essex y Alfas a.�� Secreta On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly swom,said the he is the therein described and authorized officer of the INTERNATIONAL h5ELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OARQG IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, P- �� at the City of Newark,New Jersey the day and year first above written. CO d NOTARY — PUBLIC y JER50 A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-jaws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 12 th day of October, 2004. Assistant Secretary City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4,2004 Notice To All Bidders: Please note the following revision to the Project Plans,Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16&17Jproje Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17(Tree Removal and RThis modification does not change the Engineer's Estimate f tThis is to acknowledge receipt and review of Addendum Nu beer 4, 2004. ovi& tend Company Name By oct- /2, Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714) 374-1735. -1 it Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City le k's Signature Council Meeting Date: 11/1/2004 Department ID Number: PW 04-089 CITY OF HUNTINGTON BEACH o REQUEST FOR CITY COUNCIL ACTION o -_ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CD cn r- , C _U ;,r SUBMITTED BY: PENELOPE CULER TH-DAFT, CITY ADMINISTRATOR cn = PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC W( SUBJECT: AWARD CONSTRUCTION CONTRACT FOR CENTRAL PARK AND WARNER AND NICHOLS STORM WATER TREATMENT PROJECT, CC-1257 1[statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On October 12, 2004, bids were received for the Central Park and Warner & Nichols Storm Water Treatment Project, CC-1257. Staff recommends the award to Southern California Underground Contractors, Inc., as the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in Account No. 89288003.82500, Proposition 13 2000 Water Bond Act Grant. The engineer's cost estimate for construction is $617,000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Southern California Underground Contractors, Inc. in the amount of $564,675 for the Central Park and Warner and Nichols Storm Water Treatment Project, CC-1257; and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. ,k REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/1/2004 DEPARTMENT ID NUMBER: PW 04-089 Analysis: On September 7, 2004, the City Council approved the project plans and specifications and authorized the Director of Public Works to request bids for Central Park and Warner and Nichols Storm Water Treatment Project, CC-1257. This project will install four water quality filtration devices on existing storm drain lines. These devices, known as Continuous Deflection Separator (CDS) units, remove trash, debris, and other particulate matter from urban storm water runoff. Two units will be placed on existing storm drain lines that discharge into Central Park. One unit will be placed on an existing line in Warner Avenue, and one unit will be placed on an existing line in Nichols Street, both of which discharge into the Wintersburg Channel. This project has been approved by the State Water Resources Control Board as part of a $4 million grant for storm water quality improvements. The engineer's cost estimate for construction is $617,000. On October 12, 2004, bids for the construction of this project were received and opened. The bids are summarized below in order of increasing bid amount. Bidding Contractor Bid Amount 1. Southern California Underground Contractors, Inc. $ 564,675.00 2. Ross A. Guy & Son, Inc. $ 646,630.00 3. GCI Construction $ 747,535.00 4. PPC Construction $ 760,350.00 5. PSI Engineering $ 792,340.00 6. Clarke Contracting $ 812,775.00 7. SoCal Pacific Construction $ 863,590.00 8. Atlas Allied $ 876,278.00 9. Mike Prlich & Sons $ 878,550.00 10.Excel Paving $ 990,000.00 The reference check for Southern California Underground Contractors, Inc. provided acceptable responses from past clients. Therefore, staff recommends that the City Council accept the bid from Southern California Underground Contractors, Inc., the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission reviewed and approved this project on August 18, 2004, by a vote of 6-0. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): City Clerk's Page Number No. • . 1. Location Map 2. Sample Federally Funded Construction Contract G:\R C A\2004\04-089 Nov 1 Erdman (Award Central Park-Warner CDS CC 1257).doc -2- 10/13/2004 4:17 PM ATTACHMENT # 1 9��Fc BOLSA AVE. O r w Mc ADDEN VE. 3EDINGERQ in yNAVE HEIL S 0� � 0N WARNER w $ AVE. SLATER IAVE. 405 ,0 TALBERT AVE. PACIFIC 9�'/� 0 EW!gq.AVE. NOT TO SCALE G I`IEL pogp AVE. I N N h N YORKTOWN AVE. ; G ADAMS AVE. N z k � / INDIANAP US AVE. Y TLANTA Z AVE. $� / I a 3 Z HAM LT01? AVE. OCJAN ANN N AVE. I I ��a b (I ,ins D 6 , b . +,. 5: gun ' t M CDS STORMWATER TREATMENT PROJECT CENTRAL PARK LOCATION , CC - 1257 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS moo. s �F `'1 BOLSA AVE. CO V) ( Alc ADDEN y VE. 3EDINGERQ N AVE. z_ m ASHEIL H p AVE.m WARNER w VE. SLATER A� m 405 TALBERT A 9 PACIFIC C'� 5 A). NOT TO SCALE E 11ARFlELD e' AVE. �RK WN AVE. ; l AD S Ilk AVE. N ir ' N k INDI AP USX AVE. Y o � ' TLANIA a AVE. z HAM L = AVE. OCEAf ti N N A ' ' 1 ' 1 r < a r - `"� �y { M +� P:. i I .i. li�+ i - b, t � 'ui�w"i CDS STORMWATER TREATMENT PROJECT WARNER NICHOLS LOCATION , CC - 1 257 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 i Ply FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of agree/forms/federal 4-20 1 work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly,to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 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 agree/forms/federal 4-20 2 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed agree/forms/federal 4-20 3 Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ( ) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all 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 agree/forms/federal 4-20 4 of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final Agreement price, including all change orders, to warrant such performance agree/forms/federal 4-20 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of agree/forms/federal 4-20 6 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 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. agree/forms/federal 4-20 7 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 o£ (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided,however, the time prescribed therefor may be extended by CITY. agree/forms/federal 4-20 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 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, agree/forms/federal 4-20 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 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. agree/forms/federal 4-20 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/forms/federal 4-20 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/forms/federal 4-20 12 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/forms/federal 4-20 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 1/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/forms/federal 4-20 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/forms/federal 4-20 15 TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/forms/federal 4-20 16 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 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 agree/forms/federal 4-20 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/forms/federal 4-20 18 worker paid(either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement;thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty (40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812,keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any one (1) calendar day or forty (40)hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code,regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/forms/federal 4-20 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/forms/federal 4-20 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents,principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled 'Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations(41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed,national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four(4)years after their discharge and(2)qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/forms/federal 4-20 21 To ensure compliance with these requirements,the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act(18 USC Section 874), as supplemented in Department of Labor regulations,which Act provides that each shall be prohibited from including,by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR,part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight(8)hours and standard workweek of forty(40)hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight(8)hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/forms/federal 4-20 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph(a)thorough(d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC Section 6201, et seq.). agree/forms/federal 4-20 23 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or 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 parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. agree/forms/federal 4-20 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chairman/President/Vice President City Clerk AND APPROVED AS TO FORM: By: City Attorney print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/forms/federal 4-20 25 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON-ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 18 40. CALIFORNIA EIGHT-HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION,MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI-KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 Federal Register/Vol. 65, No. 220/Tuesday, November 14, 2000/Rules and Regulations 68857 Non-Mandatory Appendix B to§1910. program and provide supervisors with disabled to ever return to the job, 900:Summary of the OSHA Ergonomics the responsibility and resources to run whichever comes first. Program Standard the program. The employer must also F.Second Opinion:The standard also 1. Why did OSHA issue an assure that policies encourage and do contains a process permitting the Ergonomics Program Standard? not discourage employee participation employee to use his or her own HCP as OSHA has issued an ergonomics in the program,or the reporting of well as the employer's HCP to standard to reduce musculoskeletal MSDs,MSD signs and symptoms,and determine whether work restrictions are disorders (MSDs)developed by workers MSD hazards. required.A third HCP may be chosen by whose jobs involve repetitive motions, Employees and their representatives the employee and the employer if the force,awkward postures,contact stress must have ways to report MSDs,MSD first two disagree. and vibration.The principle behind signs and symptoms and MSD hazards G.Program Evaluation:The employer ergonomics is that by fitting the job to in the workplace,and receive prompt must evaluate the ergonomics program the worker through adjusting a responses to those reports. Employees to make sure it is effective.The workstation,rotating between jobs or must also be given the opportunity to employer must ask employees what they using mechanical assists,MSDs can be participate in the development, think of it,check to see if hazards are reduced and ultimately eliminated. implementation, and evaluation of the being addressed,and make any 2. Who is covered by the standard? ergonomics program. necessary changes. All general industry employers are B.job Hazard Analysis and Control:If H.Recordkeeping:Employers with 11 required to abide by the rule.The a job meets the Action Trigger,the or more employees,including part-time standard does not apply to employers employer must conduct a job hazard employees,must keep written or whose primary operations are covered analysis to determine whether MSD electronic records of employee reports by OSHA's construction,maritime or hazards exist in the job. If hazards are of MSDs,MSD signs and symptoms and agricultural standards,or employers found,the employer must implement MSD hazards,responses to such reports, who operate a railroad, control measures to reduce the hazards. job hazard analyses,hazard control 3. What does the rule require Employees must be involved in the measures,ergonomics program employers to do? identification and control of hazards. evaluations,and records of work The rule requires employers to inform C.Training:The employer must restrictions and the RCP's written workers about common MSDs,MSD provide training to employees in jobs opinions.Employees and their signs and symptoms and the importance that meet the Action Trigger,their representatives must be provided access of early reporting.When a worker supervisors or team leaders and other to these records. reports signs or symptoms of an MSD, employees involved in setting up and I.Dates:Employers must begin to the employer must determine whether managing your ergonomics program. distribute information,and receive and the injury meets the definition of anD.MSD Management:Employees respond to employee reports by October MSD incident—a work-related MSD that requires medical treatment beyond first must be provided,at no cost,with 15,2001.Employers must implement aid,assignment to a light duty job or prompt access to a Health Care permanent controls by November 14, temporary removal from work to Professional(HCP),evaluation and 2004 or two years following recover,or work-related MSD signs or follow-up of an MSD incident,and any determination that a job meets the MSD symptoms that last for seven or temporary work restrictions that the Action Trigger,whichever comes later. more consecutive days. employer or the HCP determine to be Initial controls must be implemented If it is an MSD Incident,the employer necessary.Temporary work restrictions within 90 days after the employer must check the job,using a Basic include limitations on the work determines that the job meets the Action Screening Tool to determine whether activities of the employee in his or her Trigger. Other obligations are triggered the job exposes the worker to risk current job,transfer of the employee to by the employer's determination that factors that could trigger MSD problems. a temporary alternative duty job,or the job has met the Action Trigger. The rule provides a Basic Screening temporary removal from work. 5.Flexibility features of the Tool that identifies risk factors that E.Work Restriction Protection: Ergonomics Program Standard: could lead to MSD hazards. If the risk Employers must provide Work A.Employers whose workers have factors on the job meet the levels of Restriction Protection(WRP)to experienced a few isolated MSDs may exposure in the Basic Screening Tool, employees who receive temporary work be able to use the"Quick Fix"option then the job will have met the restrictions.This means maintaining to reduce hazards and avoid standard's Action Trigger. 100% of earnings and full benefits for implementing many parts of the 4. What happens when the worker's employees who receive limitations on program. job meets the stan dard's Action Trigger? the work activities in their current job B.Employers who already have If the job meets the Action Trigger,the or transfer to a temporary alternative ergonomics programs may be able to employer must implement the following duty job,and 90% of earnings and full "grandfather"existing programs. program elements: benefits to employees who are removed C.The employer may discontinue A.Management Leadership and from work.WRP is good for 90 days,or parts of the program under certain Employee Participation:The employer until the employee is able to safely conditions. must set up an MSD reporting and return to the job,or until an HCP The full OSHA Ergonomics Standard response system and an ergonomics determines that the employee is too can be found at http://www.osho.gov. RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Award Construction Contract for Central Park and Warner& Nichols Storm Water Treatment Project, CC-1257 COUNCIL MEETING DATE: November 1 , 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ - Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached`� Not Applicable El (Signed in full by the City Attomey) Subleases, Third Party Agreements, etc. Attached Not Applicable Approved as to form b CityAttome Certificates of Insurance (Approved b the CityAttome Attached Ely y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not A pplicable Atta ❑ Bonds (If applicable) Not Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached El Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVYARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author •� City of Huntington Beach Central Park and Warner& Nichols Storm Water Treatment Project HUNTINGTON BEACH CC-1257 Bid Date&Time: October 12,2004 2:00 P.M. Engineer's Estimate: $617,000 BIDDER'S NAME RANK TOTAL BID AMOUNT 00 2Cl/JACI?AJf U a 7 , a 3. 4. (t. �Z J d A) �1 00 5. 6. ,S �7d.�J 7. L 8. \s J 6�i�L�� 4� ti1S:� .3 11. 12. 13. 14. 15. 16. 17. 18. Page 1 of 2 1094 OC CA T M., TI, Z 130 U01 C-D /go/a SECTION A NOTICE INVITING SEALED BIDS For the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on October 12, 2004. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a$35.00 nonrefundable fee if picked up, or payment of a$45.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. (Contractor to provide a shipping account number for use of delivery services other than standard U.S. Postal Service) This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,The 7th day of September, 2004. Attest:0 Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: September 20, 2004 To: City Clerk's Office Project/C.C. No.: C.C. No. 1257 2000 Main Street Regarding: Central Park and Warner&Nichols Storm Huntington Beach, CA 92648 Water Treatment Project ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item# Copies Pages I Description 1 1 2 Notice In0ing Sealed Bids 2 Central Park and Warner&Nichols Storm Water Treatment Project, CC-1257 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 7, 2004, the City Council authorized the advertisement of the Central Park and Warner & Nichols Storm Water Treatment project. Please find attached the Notice Inviting Sealed Bids for advertisement on 9/23/04, 9/30/04 &10/7/04. Bid opening is scheduled for 10/12/04 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. -=TE�cf�� c: file By: , Douglas A. Erdman,Associate Civil Engineer DocuMENT1 Council/Agency Meeting Held: ��Voj� Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied I y I k's ignat Council Meeting Date: September 7, 2004 Departm ID umber: PW04:.075 CITY OF HUNTINGTON BEACH C= REQUEST FOR ACTION h, > ' SUBMITTED TO: HONORABLE MAYOR AND-CITY COUN_ IL MEMBERS �( co _ SUBMITTED BY. PENELOPE CU BREATH'-GRAFT, City Adm nistrator PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Works( )", J If SUBJECT: Authorize Advertisement For Central Park And Warner & Nichols Storm Water Treatment Project, CC-1257 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications are in final preparation for the Central Park and Warner & Nichols Storm Water Treatment Project, CC-1257. Authorization to advertise the project for bids is requested. Funding Source: Funds are budgeted in Account No. 89288003.82500, Proposition 13 2000 Water Bond Act Grant. The engineer's cost estimate is $450,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for Central Park and Warner& Nichols Storm Water Treatment Project, CC- 1257. Alternative Action(s): Direct staff not to move forward with the project at this time. Analysis: This project will install three water quality filtration devices on existing storm drain lines. These devices, knows as Continuous Deflection Separator (CDS) units, remove trash, debris, and other particulate matter from urban storm water runoff. One unit will be placed on an existing storm drain line that discharges into Central Park, and two units will be placed on existing lines in Warner Avenue and in Nichols Street both of which discharge into the Wintersburg Channel. REQUEST FOR ACTION MEETING DATE: September 7, 2004 DEPARTMENT ID NUMBER: PW04-075 This project has been approved by the State Water Resources Control Board as part of a $4 million grant for storm water quality improvements. The engineer's cost estimate for the project is approximately $450,000. Public Works Commission Action: The Public Works Commission reviewed and approved this project on August 18, 2004 by a vote of 6-0. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): City Clerk's Page Number No. Description 1 Location Map (Central Park) 2 Location Map (Warner/Nichols) RCA Author: Erdman G:\R C A\2004\04-075 Sept 7 Erdman(Authorize bid Central Park-Warner CDs CC 1257).doc -2- 8/24/200412:01 PM ATTACHMENT # 1 S lip cp�F BOLSA AVE. O F-: V) Mc FADDEN y VE. *EDINGER- N N AVE.p z U Q N 0HEIL Q $ A a W3 ¢AVE.m m z N Y CA C� O w O o WARNER w 9 AVE. � U SLATER AVE. w 405 ,0 TALBERT AVE. 9 PACIFIC � ELLI AVE. NOT TO SCALE C� 5�'g G FIEL A" AVE. CO Lg� YORKTOWN AVE. ; qsl G ADAMS AVE. y cr / INDIANAPOLIS AVE. a c TLANTA z i Q AVE. w z HAM LTOIf AVE. OCIIAN BANN NG AVE. I l f } r AIt Alt El +' f / Av fi s Via. ♦ _'=. ,,ry��, r ��r=$ fi �.�� - �`�" I �. — n CDS STORMWATER TREATMENT PROJECT CENTRAL PARK LOCATION , CC - 1257 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 ? � P BOLSA :VE.\NMc FADDEN 3EDINGERQ inv i AVE. U N N O n AVE.aHEIL $ w3 g z T U' 1~/1 J d G a WARNER f/1 W 9AVE. c� SLA R A 405 ,0 TALBERT p A PACIFIC 9� It E S lAld NOT TO SCALE O e' IAARFlELD AVE. in K �RK WN AVE. 3 T AD S AVE. V ir INDI AP AVE. Y - it ' TLANL z z a AVE. � N W 7 W z HAM L II AVE. OCEA� BA N NG A ' ' 1 ' 1 { . V`af 'I e TERCSBUR C,H NNiLL p Y} 1 II CDS STORMWATER TREATMENT PROJECT WARNER NICHOLS LOCATION , CC - 1257 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT, CC-1257 COUNCIL MEETING DATE: September 7, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial A-A-- CityAdministrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Space . Only) RCA Author: D Erdman CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 To: ASS !.L s. +JOn-) . c- 8o er Enclosed please find your original bid bond issued by / cS.i A., 4 for (27 _ oA) Joan L. Flynn City Clerk JF:pe Enclosure g:/follo«up/cashcont/retumbidbond.doc (Telephone:714-536-5227) FIRST NATIONAL INSURANCE COMPANY Of AMERICA Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no. 191 Thatwe Ross A. Guy and Son General Engineering Contractor, Inc. as Principal,and the First National Insurance Company of America, a corporation under the laws of the State of Washington, authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach (hereinafter called the obligee) in the full and just sum of TER PERCENT OF THE AMOUNT OP THE BID (IOX) for the payment whereof in lawful money of the United States,we bind ourselves,our heirs,administrators,executors or successors,jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Central Park & Warner & Nichols Strom {dater Treatment Project #1257 NOW,THEREFORE,if said contract be awarded to the Principal and the Principal shall,within such time as may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect.Provided, however,that if said contract is not awarded within 60 days of the date of bid opening,this bond shall be void and of no force and affect. Signed and Sealed this 7th day of October 2004 Ross . Guy anc on General Engineering Con actor, c. _ Principal By: FIRST NATIONAL INSURANCE COMPANY OF AMERICA By_ Les M. Mantle Attorney-in-tact S7A7*EOF CALIFORNIA SS. CO(/N7Y OF ORANGE Oil =before ine, Mary Martignoni — Notary Public PERSONALLY A PPEARED Les M. Mantle Personally known to me 1a be the person(X)whose naineW LIM subscribed to the within insinitnent and acknowledged to me that he/. t$ executed the siune in his/ Cieulhorized capacit)f",and that by hLvjL3CKNMXMARY�� � signalure(V on the instrument the person(, or the entity upon behalf (/'which the personM acted, executed the instrument. a COMM.#94 NOTARY RMJC-CAI.IFORNIA lc .`� ORANGE COUNTY � IV17NESS my hand curd n(licial seal. 14Cpf ftEv.W91210 Signntt e Thir area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL El CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAIAE OF PERSONS)On ENTITY(IES) First National Insurance Company of America SIGNERS OTHER THAN NAMED ABOVE 10.1232(REV.Siol) ALL-PURPOSE ACKNOWLEDGEMENT POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA FIRST • 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE,WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle,WA 98105 No. 9013 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ••s•a•.:•.•••.•••••••••p•••.•..•.•••••••••••••••••r••••q M.MANTLE;Fullerton Califomiaas.••••s•.••..a•••s•••••s•••••s•w••••a•••r•a•••••s»•••••• its true and lawful attomey(s)win-fad,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 6th day of July 1999 ��� U� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: Article V,Section 13. -FIDELITY AND SURETY BONDS...the President, arty Vice President,the Secretary,and any Assistant Vice President appointed for that Purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on arry bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (n) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th day of October 2004 SV NMCf C0 N.owlot�� SEAT � �1926 ' R.A.PIERSON,SECRETARY S-1049/FNEF 7/98 7/6/99 PDF Ross A. Guy & Son, Inc. PO Box 1988 r- �ea lei �fj r(v-r FaAlbrook, CA 92088 CCyl7ar a'34 OCC-t 1 '2 ���'� �a 1�/" �C''���j�/I 7`" ,%/'off G�"" "f -Q 0 rcl� SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the .undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find AC!dy/ in the amount of$16* Cl` 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 OCT 5 2004 C-2 PROJECT BID SCHEDULE .. : .: p e:::::m ... ... ::eo cart : ::::::::: `r te . .. v . :•::•: #en a :;:: 21 1 Install CLEANSCREEN debris catch basin gate n� EA. @ O/Uf A f �'��1�Z"� Dollars $ $ /100 0 Cents Per EA. 22 28 Install 24"RCP L.F. @ / h�PF �C��F� Dollars $ $ Cents Per L.F. 23 12 Install Precast 2''x3'RCB L.F. @ �r j�/ Dollars $ $ 7)� k / Cents Per L.F. 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ ("Os -_...-Total Amount Bid in Words_ % .h. ! :d.:---.TSlr�'.7� I:'��. �. ........c C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of8Fmge 1Z o s s C, being first duly sworn, deposes and says that he or she is �r s fie. of :P=.a ss the party making the foregoing bid that the bid is not made in the interest of, or 4 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. Ross A.Guy&Son, Inc. Name o er Signature of bidder �40�X OW rt116 o®ff Address of Bidder Subscribed and sworn to before me this S day of �C , 200 RONALD J.FUGATE CommBalon#t 1430082 .y Notary Public-Cplitomla San Diego county MY Comm.Dom Jul 12,2007 NOTARY PUBL 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 Central Park And Warner & Nichols Storm Water Treatment Project, (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. Ross A.Guy&Son,Inc. Contractor By PCs I de-7 Title OCT 5 2004 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 completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code that 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. RON A.Guy&Son,Inc, Contractor gos-S 6u By pm S 1� "-r Title Date: OCT 5 2004 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 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: Ross A.Guy&Son,Inc. Bidder Name Pv 6X <C Business Address r-C.,II`�� � C 9� City, State Zip (951) 894-6635 Telephone Number State Contractor's License No. and Class 4 - ( - O Original Date Issued Expiration Date The work site was inspected by t✓C`'� of our office on �� , 20 0 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. A. uy&Son, Inc. t! Name Signature of Bidder fi0s-S yuy Printed or Typed Signature Subscribed and sworn to before me this day of G� ,200 RONAILD J.FUGAIE Commbabn#1430082 Notary Putf(c-C Momia San Diego County @My Comm.Expkes Jui 12,2007 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: %d Name and Address of Public Agency i 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 ROSS A GUY&SON, INC. P O BOX 1988 FALLBROOK,CA 92088 FAX#951 894-6638 3 LIC#655432 CLASS' JOB WORK PERFORMED CONTRACT AMOUNT FINISH DATE COMPANY/AGENCY CONTACT PHONE JOANN STREET STORM DRAIN $ 22,000.00 7/02 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 ROCKWELL/PORTERVILLE WELL PUMP/CONDUIT/PIPE $ 67,000.00 11/02 SEVENSON ENVIRONMENTAL JOHNDIMICELLI 562424-2671 SEVENSON HI-SHEAR PADS/PIPE $ 86,000.00 11102 SEVENSON ENVIRONMENTAL JOHN DIMICELLI 563424-2671 NORTHROP/PALMDALE EXCAVATION/STEAM PIPE $ 55,000.00 10/02 PPC TONY IOLMO 714 952-2001 211 HILLCREST PADS/SEWER/WATER $ 28,000.00 11/02 ON CENTER DEVELOPMENT DOMINIC JOHNSON 760 480-1051 IMPERIAL HWY IMPROVEMENTS STORM DRAIN/FIRE SVC $ 66,000.00 10/02 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 WHITE MEMORIAL M O B CLEAR&GRUB/DRAINS $ 41,000.00 1/03 CHARLES PANKOW BUILDERS J J MOELLENKOPF 626 791-1125 STALLION METERING STATION SEWER MANHOLE $ 43,000.00 12/02 RAINBOW MUNICIPAL WATER DIST DEAN WETTER 760 728-1178 CAPISTRANO PARK DRAINAGE STORM DRAIN $ 237,000.00 5/03 CITY OF OCEANSIDE GARY KELLISON 760 435-4500 CHILI'S GRILL WATER/SEWER $ 41,000.00 12/02 TERRA NOVA INDUSTRIES KEVIN MULLAHEY 925 934-6133 GLENDALE 2002 ANNUAL STREET SEWER $ 14,000.00 4/03 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 TORRANCE WATER SERVICES WATER $ 38,000.00 4/03 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 M O B PARKING LOT MODIFICATION WATER/WIDEN DRIVEWAY $ 53,000.00 5/03 CHARLES PANKOW BUILDERS J J MOELLENKOPF 626 791-1125 RIDER ST&SHERMAN RD SEWER SEWER $ 396,000.00 7/03 EASTERN MUNICIPAL WATER DIST JAMES WYATT 909 928-3777 ST FRANCIS HIGH SCHOOL EXCAVATION/GRADING $ 97,000.00 7/03 CHARLES PANKOW BUILDERS CALVIN YOSHIDA 626 791-1125 DELUXE LABORATORIES SEWER/WATER $ 44,000.00 6/03 KEY AIR CONDITIONING RICHARD RIVERA 562941-2233 M O B MASS EXCAVATION EXCAVATION $ 1,100,000.00 1/04 CHARLES PANKOW BUILDERS J J MOELLENKOPF 626 791-1125 227 HILLCREST SEWER/WATER/UTILITIES $ 125,000.00 7/03 ON CENTER DEVELOPMENT DOMINIC JOHNSON 760 480-1051 GANESHA HILLS SEWER REHAB SEWER REPAIRS $ 252,000.00 10/03 CITY OF POMONA TED YOUNT 909 620-2215 METLOX PUBLIC IMPROVEMENTS STRUCTURAL EXCAVATION $ 70,000.00 10/03 CHARLES PANKOW BUILDERS RICK SCHUTTER 626 791-1125 PRADA BEVERLY HILLS STRUCTURAL EXCAVATION $ 36,000.00 9/03 PLANT CONSTRUCTION CO JEFF YOUNG 415 285-0500 ARTESIA BLVD S.D. STORM DRAIN $ 11,000.00 8/03 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 CANYON RIDGE SEWER REPAIRS $ 52,000.00 2/04 JOHNSTON-ALEXANDER CARL GARLICHTS 562 944-6215 ST ANDREWS STREET SEWER $ 66,000.00 8/03 VAN DIEST BROS GARY VAN DIEST 562 633-2835 FULLERTON EYE CLINIC SEWER/STORM DRAIN $ 55,000.00 1/04 DON BRANDEL PLUMBING BILL PARKER 562 408-0400 2485 S EL CAMINO REAL STORM DRAIN $ 83,000.00 1/04 CITY OF SAN CLEMENTE GARY VOBORSKY 949 492-3980 LONG BEACH ARENA SEWER REPAIRS $ 18,000.00 11/03 LONG BEACH ARENA ROBERT COLLINS 562436-3636 MONA BLVD STORM DRAIN $ 25,000.00 1/04 SECURITY PAVING CO BOB COLLINS 818 642-2155 76 STATION OCEANSIDE STORM DRAIN $ 27,000.00 1/04 ALL AMERICAN MECHANICAL GREG DENNING 562 690-0195 HOLLYWOOD BOWL STORM DRAIN $ 40,000.00 2/04 DON BRANDEL PLUMBING BILL PARKER 562 408-0400 HOOVER/TRASK S.D. STORM DRAIN $ 37,000.00 4/04 ALL AMERICAN ASPHALT JIM MCGEE 909 736-7600 DETECTOR CHECK VAULTS VAULT LID REPLACEMENT $ 105,000.00 4/04 RANCHO CALIF WATER DIST CRAIG MAPES 909 296-6900 MACY STREET SEWER SEWER $ 212,000.00 4/04 CITY OF SAN BERNARDINO MIKE WOLFF 909 384-5167 DPSS-PORTER DEMOLISH BUILDING $ 70,000.00 3/04 G L PORTER CONSTRUCTION GLEN PORTER 323 242-8347 IN PROGRESS PROJECTED STATE STREET SEWER SEWER $ 404,000.00 9/04 CITY OF SAN BERNARDINO MIKE WOLFF 909 384-5167 UNION STATION WEST CAMPUS EXCAVATION/WATER/STORM DRAIN $ 1,260,000.00 10/04 CHARLES PANKOW BUILDERS NOYAN URAS 626 791-1125 DPSS-PANKOW EXCAVATION/WATER/GRADING $ 354,000.00 9/04 CHARLES PANKOW BUILDERS RICK SCHUTTER 626 791-1125 TEMPLE LOFTS EXCAVATION/WATER/FOOTINGS $ 363,000.00 10/04 WEST BUILDERS JEFF LUCAS 626 585-1810 (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder,under penalty of perjury,certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director,officer,or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: Ross A.Guy&Son, Inc. Contact Person: Po s Contact Phone: Signed: Date: OCT 5 2004 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 C�of Huntin9 ton Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER_TREATMENT PROJECT, CC 1257 October 4, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule (Corrected Error in Bid Item#16 & 17) Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17 (Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this pros This is to acknowledge receipt and review of Addendum Num er e, dat ctober 4, 2004. Ross A.Guy&Son, Inc. Company Name By OCT 5 2004 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714) 374-1735. .j, Ili CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 12004 To: a is-_ /:�J(s C.Ao , Ave (�DS i74— �E�4f 0/4 Enclosed please find your original bid bond issued by for (�� '��5 ` Joan L. ynn City Clerk JF:pe Enclosure g:/follo«up/cashcont/retumbidbond.doc (Telephone:714-536-5227) No. N/A Fidelity and Deposit C om' an T HOME or-PICE OF MARYLAND BALr1.110RL, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS. That we------------------ GCI CONSTRUCTION, INC. -----------------------------------_.....-------------- -------- --------•-------- ......................_...............1 ---------------------------•-------- ---------------- ------ --------------------------------------------------------------......._......._..__.._......__., as Principal, (hereinafter called the "Principal"), and the I-ID A.tYY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland,as Surety, (hereinafter called the"Surety"), are held and firmly bound unto....... OF HUNTINGTON BEACH. -------------------------------------------------•------------...------------------- •------- .................................... -------------------------------------------------------------------------------------------------- -------------as Obligee, (hereinafter called the "Obligee"), 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._..CENTRALPARK AND WARNER & NICHOLSSTORM _ -- - --•• --•WATER-TREATMENT, PROJECT------•-------------------------------•------------------------------------- --•--•......-----•--•-•--•---- -------•-•-----------------•------••---............------.._....---•----...............------------------------------------------------------••................... •---------------------------------------- --•-------- ................................. ---------------------------------------------------------------------------------------------------------- ..........................------------------ .......................................................... .........----------------------------------------................................... NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance.with the 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.. ----.....•---- 11th .............. of.--OCTOBER A.D. 2004 GCI CONSTRUCTION, INC. ) --••-•---•-••---•-.........--•-••................ ... Principal -------------------------------- --------------....................................... Wilncss -- -- -- - - ------ riuc �I o yo€ enrle�t- SeC�Tr.2a5• FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surely ..............•---••--•--........-•---------......--••-•--••---_...--------- ----•-• -------- By-----.. . ----•-- J AL) b6"itness MICA* EL D. 'L'il[ ATT RNEY—IN—FA T C325d-150M. Approved by The American Institute of Architects. A.L.I. Document No.A-310 February 1970 Edition. 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 e y nominate,constitute and appoint Michael D.STONG,of Riverside,California, its true and t o Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act t a akings,and the execution of such bonds or undertakings in pursuan o ,s on said Company,as fully and amply,to all intents and purposes,as if xe A ged by the regularly elected officers of the Company at its office in Ba 16 eir o r s power of attorney revokes that issued on behalf of Michael DrS to 1 The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ny,and is now in€orce. IN WITNESS 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 19th day of August; A.D.2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '.0 DEDps�i a �"Ory o By: Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 19th day of August, 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. I Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-0629 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE dic :;Sssista1?t.Seemi&-y r% .t -c a i UTY AND s .cy?�;;--T CO!A��w V '1�E1 P`S v.... ;1�:_ -I�rr��OF'?,CAI? LAND;do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and i-do i:u ei`ceraty that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of:Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or.mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-Pre—dent, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of t1 a said Company, this III day of_QC,U%oe1` ZooL Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - r State of California ss. County of RIVERSIDE On 10111 14y before me, R. CISNEROS Date Name and Title of Officer(e.g..-Jane We.Notary Public') ,c personally appeared MICHAEL D. STONG 1 Narne(s)of Signer(s) <`1 Cxl personally known to me proved to me on the basis of satisfactory evidence to be the person'whose name is/W4< subscribed to the within instrument and R.CISNEROS acknowledged to me that he/she/they executed i COMM.#1488731 the same in his/hefAheir authorized NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY capacity(iee), and that by his/hef,H}eif 01 ,Mg Comm.Expires June 7,2008 signature(,s-'on the instrument the persons<or the entity upon behalf of which the personal acted, executed the instrument. 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 persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: <; Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here El Corporate Officer—Title(s): (� ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator r ❑ Other: l Signer Is Representing: 5 0 1999 Nallonal Notary Association•9350 De Soto Ave..P.0 Box 2402•Chatsworth,CA 91313-2402•www,nationalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-676-6827 • ' ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003,7%of direct earned premium in the prior year, for 2004, 10%of direct earned premium in the prior year, and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D ru MV_, ss. On G be 12 before me, nnQ P.R hr)e l Urt - Nak r y?ub Date O Name an Trtle of Officer(e.g.,"Jane(toe,Notary Pubic") personally appeared Name(s)of Signer(s) -t•mepersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name isK subscribed to the within instrument and JANNA R.RHINEHART acknowledged to me that he/s A 4y executed Commission# 1504773 the same in his/hr/ it authorized Notary Public-C W=11a capacity(ilesj, and that by his/hpi'li (r Orange County signature. on the instrument the person�w, or my Comm.ExpiresJul31•ZOOd the entity upon behalf of which the person K acted, executed the instrument. TNESS my ha P aP fficial seal c Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NMW 0 1999 National Notary Association•9350 De Soto Ave,PO Box 2402•Chatsworth,CA 91313-2402•www nahonainotary org Prod.No 5907 Reorder Call Toll-Free 1-800-876-6827 G C I CONSTRUCTION, INC. 245 Fischer Avenue, B==3 ,•; ,� Costa Mesa, CA 92626 r•�l r CITY OF HUNTINGTON BEACH CITY CLERK SECOND FLOOR CITY HALL 2000 Main Street Huntington Beach, CA I "SEALED BID" for CENTRAL PARK AND WARNER & NICH STORM WATER TREATMENT PROJECT in the CITY OF HUNTINGTON BEACH - t SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 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 64 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, finct'13 in the amount of$ 10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received BidderWignature 10-S-0 Fjoja ibenne+j - ec.T eas C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1267 October 4, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16&17) Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17(Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated October 4, 2004. GCI- CbnSfrur. ion, 1i�1c . Company Name By Plcmd 6fnne# S le'c re 4-a ri Treasurer Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714)374-1735. PROJECT BID SCHEDULE hem irate::::::::::::::::::::::::::::::::: tem:: ....:wit;:p ee;:::::::;:::;:::::::::::::::::::::::::;::::::::::: :::::::::::........ .......;::.. :::: :: :.i.:: ......:: ..... ......... N .. ..Q au . .. �:�:�::�::�:�:�:�:�:�:�:::�:�:�:wx�ttel4.ia...�rc�s.......................... .. 4�i»t::�:�: 1 1 MOBILIZATION 00 L.S. @ C Y1 Dollars $r1o'c .- Cents Per L.S. 2 1 CLEARING/GRUBBINTy ���® .. nn • 0 0 L.S. @ r� t�-�l�� Dollars $33300_- $3 3�. o Cents Per L.S. 3 1 TRAFFIC CONTRO 'three ouSanS � Q /�D�D o0 L.S. @ 1'1%Mf, 1IlAM C11 0 Dollars $TuL $3 --8` Cents Per L.S. 4 1 DEWATERING 00 oP 1 L.S. @ -�4 10, I—7-�—nTIAML I(0 Dollars $55� $55.02Y Cents Per L.S. 5 1 SHORING&BRACING L.S. @ ror4u OU.SCiyi Dollars s140 $ ( J- Cents Per L.S. 6 2 Purchase&Assemble CDS MODEL PSW70_70 f I -L&1-R) tY EA. @ C Dollars $ Cents Per EA. 7 2 Purchase&Assemble uDYS IyIODF.,L PSW50 5�0/f(1-L& 1-R) � r.�� EA. @ r oC Pa' G( Dollars $13pr $ �XS Cents Per EA. 8 3 Construct Cast in Place Diversion Wier Box Structure 00 EA. @Twej Dollars $ __T Cents Per EA. 9 1 Remodel Existing Manhole/Construct Diversion Weir IOU 00 deC EA. @ mi l Q + (j60 n Dollars $ _ $ g Cents Per EA. 10 7 Install Manhole,Frame&Cover,Press a type _TT—�J^^ EA. ��"1"'f7I'�i✓ !fl�l,(SQY'1 Dollars cents o � d" er EA. 1) O OU -7 ow' C-Is PROJECT BID SCHEDULE :.M&:..sb�tate:::::::::::::::::::::::::::::::::.tem::wtfi ;:iiait:p..¢e: ::::::::::::. teu .. ... .....•.::•.•.•.. ::.::t::::::: a ........... : ittea.a.wvlyds: 3i i"ice::::::: ou>�..... 11 2 Install Manhole,Frame&Cover,Grpte type EA. @ E„ —ITtT�Y I r Dollars —the -Tht"c-,anckdu '�— Cents 000•` a I Q Per EA. W'OL '%A , 12 950 Roadway Pavement Repair,Section per plan _ oo S.F. @ e v e in Dollars $ $ LOU- 7---8' Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan CG S.F. @ Two Dollars Dollars $ a . — $1'�j_75 - 1"'l 4 Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) ,, II oo00 L.F. @ I(lQ,� -1(At�r.�� Twe I v-e. Dollars $ � � a._ $ $y.— Cents Per L.F. 15 4 Brick&�7Morrtar Bulkhead of Fx Storm Drain oQ EA. 24 Dollars $3y0— $l (00 Cents Per EA. Repair/ReplaceLandscaping/Irrigation including Sod(species to be 16 1 determined) L.S. @ Fifteen Thousand Dollars $15,000.00 $15,000.00 No Cents Per L.S. Remove Ex 1 "Dia Tree&supply 2- 4"box replacements sue 17 1 &species to be determined) r���(�,,,,� 00 EA. @ L. �C)ry Ousa I I A te- Dollars $ I�! $ � Cents Per EA. 18 1 Clean Existing JS 8tstall self leveling Epoxy Ons- 11 nno+tioAnC�J /n� po oU EA. @ E iuU1 t -+land« (!/ Dollars $ $(�0. $ _ Cents Per EA. 19 6 Install Con .Pipe Encasement at pie junctions 2,[ EA. @ a +4j Ply�2 Dollars $ J`T5,_ $ Q7Qe --V- Cents Per EA. 20 4 Construct Junction Structure(Type C)per City Std. W EA. @_ J -�� r� Donets $�Q- $�JI--I Cents Per EA. C-2s PROJECT BID SCHEDULE .tom .�. .. .. .. : .:.:.:...`.: .. . ..... ...... :.. ...... :.............. :: :::::.:.: :�: .�n. .......................... .. . ....... aua..... 21 1 Install CLE�A�N o—TV-*u�ca ch basin gate nd oo eu EA. @ Two �(Arvi" Dollars $�.— $ a,,=.l Cents Per EA. 22 28 Install 24"RCPQQ ` /� L.F. @ QM-TI�1rJ)J L�LI1r Yt�i Dollars $ 0 $ 5,.040- Cents Per L.F. 23 12 Install Precast 2'x3'R1C'B , n oe eo L.F. @ 1 YUL - C(Xn hRd� Dollars $ q 00' $J o$_o Cents Per L.F. 24 @ Dollars $ Cents 25 @ Dollars $ $ Cents Total Amount Bid in Fi es: $ 7 -___-..Total Amount Bid in Words: �el1�n. k! �:� ..�.c>r_.. -Q- ----- -1r-- - aAo ...- - Fiv C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number L_tv 0 to I I yf By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be famished 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 F J benn2lf -, being first duly sworn, deposes and says tha he or she is 2 r• ep of CT ('_o 64ruc-to n, Mac.the party making the foregoing bicYthat 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. G CT C ons+r-uc m,_Tnc. Name of Bidder Signat6re of Bidder Floydi Lw nne•H- ec.Tao S. ay 5 Fischer five. -* 30 Cosa Raja, Address of Bidder C . Cl a-(ca(.0 Subscribed and sworn to before me this 1 aday ofNk Deter, 200 Lf. JANNA R.RHINEHART _ Commissbn#�150A773 •� Nofory Public-CogfotniO _ Ororop�County NOTARY PUBLIC My Comm.Expltes JuI i.200e NOTARY SEAL C-4 JURAT WITH AFFIANT STATEMENT r State of C.,Q I j 7 Q rn i a, SS. County of ('�rayy_ I ❑ See Attached Document (Notary to cross out lines 1-8 below) ❑ See Statement Below (Lines 1-7 to be completed only by document signer[s], not Not ry) 2 ---------------- 3 ------------------------------ ------------------------ 4 --------------- ------------------------------ 7 Signature of Document Signer No.1 Signature of Document Signer No 2(if any) Subscribed and sworn to (or affirmed) before me this day of ak ��((��� Date Month JANNA R.RHINEHART pt W`7 by COmmI$$lon# 1504773 Year -}�- -: Notary Public-Califomic (1) h e J' �fan96 County Name of Signer(s) My Comm.Expkes Jul 31,2005 (2) Name of Signer(s) P. �LQ�� Place Notary Seal Above Signature of Notary Public OPTI NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Top of thumb here Top of thumb here fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ©2002 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2404 Prod.No.5924 • Reorder:Call Toll-Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Central Park And Warner & Nichols Storm Water Treatment Project, (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. GC-11 Cons+rucfjon , TVIC. Contractor By Floyd ►32nneN- Sec.TreaS. SecrzfarL4 Treasurer Title Date: ��• ` �- C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code that 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. GC-1 Cn in5-�ruc+ion ,Tn Contractor By Flo 2 rne-tf Secre 7r r- 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 1-8004224133 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: G Cz 0, nnS�ruAon , 1 ne. Bidder Name ay5 Fischer- Rve. -4� B-3 Business Address Co5+0 M CA . q a co a Co City, State Zip c7iy g5r7- D9L33 Telephone Number '7 5 535& U oss State Contractor's License No. and Class 10-31- R� Original Date Issued Expiration Date The work site was inspected by RAUrd L T rvp_I I of our office on ID- 7 , 20-1t{ The following are persons, firms, and corporations having a principal interest in this proposal: -D. G e -Pr-PSiAPof �icInard L. �irrQ ( l Va- I?residpnf I o d Q Se-cro4orw Tr-ea r r 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. GC1 CnnS�ruc- i n n � T nc . Company Name 00, Signature Bidder Fluid benne-If /Secre+arcq41r�asur�r' Printed or Typed ignature Subscribed and sworn to before me this ttday of ,200—q. JANNA R.RHINEHART 4MY Commission# 1504773fc Notary Pub -Califomic orange county NOTARY PUBLIC Comm.Expires Ad 31,4000 i■��� U- 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. S E C RTF A C ti E D Name and Address of Public Agency Name and Telephone No. of Project Manager: r 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 JURAT WITH AFFIANT STATEMENT State of 0)t TO i1 l a l ss. County of ❑ See Attached Document (Notary to cross out lines 1-8 below) ❑ See Statement Below (Lines 1-7 to be completed only by document signer[s], not otary) 2 ----------------------------------- 3 --------------------------------- --------------------- ____ 4 ------------------------ ---------------------------- 6 p Signature of Document Signer No.1 Signature of Document Signer No.2(if any) Subscribed and sworn to (or affirmed) before me this �� day of (1k , '"`�•�* Date Month JANNA R IRHINEHART �O�// b Commission# 1504773 `7, y "i•_:+`'(*�' Year (^ :,;• eb .rx-, Notary Public -Callfornb r �p ]i Orange Call* (1) oWd IBC n 1n� ` �" My Comm.Explres Jul31.200D Name of signers) (2) Name of Signer(s) k L.A� Place Notary Seal Above Signature of Notary Public OPTI NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Top of thumb here Top of thumb here fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: 0 2002 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2404 Prod.No.5924 • Reorder:Call Toll-Free 1-800-876-6827 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August,2004 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT ALY CONSTRUCTION 115 Alhambra-Edwards Theatre(Offsite Storm 182,456 275 E. Baker Street, Suite A Drain& Sewer) Costa Mesa, CA 92626 (949) 629-4300 BIRTCHER CONSTRUCTION 083 Food 4 Less - Hawaiian Gardens 43,054 275 E. Baker Street, Suite A Costa Mesa, CA 92626 (949) 629-4300 CALVARY CHAPEL OF COSTA MESA 096 Calvary Chapel Bridge 398,022 3800 So. Fairview Road Santa Ana, CA 92704 (714) 979-4422 CAPRI MOBILE ESTATES,LLC 124 Capri Mobile Home Park—Sewer Improvmts 171,734 408 Piazza Lido 133 Street Improvements—Capri Mobile Home 137,257 Newport Beach, CA 92663 Park (949) 673-0393 CITY OF ANAHEIM 038 Illinois Street Water Main Replacement 565,720 200 S. Anaheim Blvd. Project 507,809 Anaheim , CA 92805 121 Euclid Street Improvement 391,007 (714) 765-5100 121A State College Blvd./SR-91 WB Off-ramp Widening CITY OF AZUSA 147 Foothill&Barranca Distribution Main 494,167 213 E. Foothill Blvd. Azusa, CA 91702 (616) 812-5229 CITY OF DANA POINT 138 North Creek Storm Drain 648,425 33282 Golden Lantern Dana Point, CA 92629 (949) 248-3575 CITY OF FOUNTAIN VALLEY 017 Park&Ride Lot at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley,CA 92708 (714) 593-4400 CITY OF FULLERTON 149 Euclid Street Improvements 984,380 303 W. Commonwealth Avenue Fullerton, CA 92832 (714) 738-6350 CITY OF HUNTINGTON BEACH 148 Urban Storm Water Runoff Treatment 646,905 2000 Main Street, 2'Floor Huntington Beach, CA 92648 (714) 536-5227 GAJanet\GCIUOBLIST\GCI REFERENCE SHT.doc Pagel of 8 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August, 2004 CONTRACT CUSTOMER NAME &ADDRESS JOB#/LOCATION AMOUNT CITY OF INDUSTRY 077 Parriott Place West Street Improvements 1,614,179 INDUSTRY URBAN-DEVELPMT.AGENCY 132 Installation of Trash Racks 20,780 15651 E. Stafford Street 139 Intersection of Green Dr.at Gail Ave. Street 29,138 City of Industry, CA 91744 Sewer Improvements (626) 333-2211 140 Grand Avenue Import 58,130 CITY OF LAGUNA BEACH 025 Virginia Park Drive, Skyline Drive & Vista 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 059 Park Avenue Storm Drain Improvements 52,604 (949)497-0351 CITY OF MISSION VIEJO 089 La Paz/Muirlands Intersection Improvements 809,720 25909 Pala, Suite 200 Mission Viejo, CA 92691 (949)470-3052 CITY OF NEWPORT BEACH 009 Water Line Replacements&Alley 26,243 3300 Newport Blvd. Reconstruction Marcus Newport Beach, CA 92658-8915 012 Jamboree Road Sewer Improvement 139,730 (949)644-3311 018 Central Balboa Water, Sewer&Alley 495,804 Improvements&West Newport Beach Main Replacement,Phase II 040 32''St./Newport Blvd. Street Rehabilitation& 524,288 30"St./Newport Blvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 267,905 082 Newport Dunes Storm Water Diversion 60,065 085 PCH to Kings Rd. Sewer Repair 12,500 086 Shore Cliff Sewer Repair 13,746 091 Comm. Of Beacon Bay Assmt. Dist.No. 79 658,115 Street,Drainage, Lighting&Utility Improvement and City Sewer Replacement Continued........ 093 Alley 221 Water& Sewer Repair 29,931 100 Bayside Dr./Marine Ave. PRV Relocation 313,060 106 Main Beach Sewer Force Main& Breakers 365,753 Dr. Water Main Replacement 108 Balboa Village Improvements—Phase I 3,659,203 113 Bay Shore Water Line Repair 12,318 118 Balboa Island Bayfront Repairs 198,402 122 Vault Modification—PCH/Bayshore, 11,616 Newport Beach 136 Emergency Valve Replacement @ Bayshore 32,000 &Pacific Coast Hwy. 141 Back Bay Dr./Jamboree Emerg. Rd. Repair 26,104 150 Valve Replacement—Balboa Blvd. 46,300 GAJanet\GCrJ0BLIS7'\GCI REFERENCE SHT.doc Page 2 of 8 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August, 2004 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT Continued........ 162 Cameo Shores Force Main Replacement 209,743 CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead, CA 91770 (626) 288-6671 CITY OF SAN JUAN CAPISTRANO 129 Storm Drain Relocation — Lot "C" & Lot 54,613 32400 Paseo Adelanto "200",Marbella Tract 12954 San Juan Capistrano, CA 92675 (949) 493-1171 CITY OF STANTON 135 Sanitary Sewer Main Line Improvements 920,659 7800 Katella Avenue Stanton, CA 90680 (714) 379-9222 CITY OF TORRANCE 016 Construction of CMP Replacement Program 1,021,000 3031 Torrance Blvd. 026 Construction of Arnie Avenue Retention Basin 423,078 Torrance, CA 90509-2970 Force Main (310)618-2820 090 Emergency Channel Stabilization 25,920 098 Arnie Flood Control Channel Emergency 79,442 Repairs COUNTY OF ORANGE 071 Santiago Canyon Road/Transportation 331,299 PUBLIC FACILITIES & RES. DEPT. Corridor—Drainage Improvements 1152 E. Fruit Street 095 Joplin Youth Center Improvements 519,518 Santa Ana, CA 92701 114 Crawford Canyon Sidewalk& Storm Drain 618,230 (714) 567-6500 128 Fairhaven Storm Drain 439,231 COUNTY SANITATION DISTRICT OF 094 Spadra Landfill Road&Drainage-2001 1,137,757 LOS ANGELES 1955 Workman Mill Road Whittier, CA 90607 (562) 699-7411 C.W. DRIVER 035 "Perilous Plunge"- Utilities 215,583 7442 North Figueroa Street Los Angeles, CA 90041-1710 (323) 259-8600 DAMON CONSTR. CO. 112 Balboa Island Pavement Rehab &Water Main 135,875 455 Carson Plaza Drive, Unit F Replacement (For City of Newport Beach — Carson, CA 90746 Contract No. 3397) (310) 324-3569 G:\Janet\GCI\JOBLIST\GCI REFERENCE SHT.doc Page 3 of 8 G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August, 2004 CONTRACT CUSTOMER NAME &ADDRESS JOB#/LOCATION AMOUNT DOUGLAS E. BARNHART, INC. 158 Central Park Senior Center & Community 1,481,970 10760 THORNMINT ROAD Center—Rancho Cucamonga SAN DIEGO,CA 92127 (858)385-8200 D P R CONSTRUCTION,INC. 161 Edwards Life Sciences Building Remodel 97,326 4220 VON KARMAN AVE., STE. 100 NEWPORT BEACH, CA 92660 (949)955-3771 EL CAMINO ENCLAVE 036 Falda Avenue, Torrance(Underground) 238,834 561 W. Rincon Street Corona, CA 91720 (909) 725-8616 GORDON& WILLIAMS 003 East L.A. Recycling&Transfer Station 313,144 2 Faraday 010 Coasters Restaurant-Knott's Berry Farm 12820 Irvine, CA 92628 081 Farmers Market-E, O, &P—Los Angeles 253,772 (949) 588-2855 117 Central Juvenile Hall—Los Angeles 1,167,000 134 UCLA Southwest Campus Housing 1,289,985 GUARDIAN GROUP 116 Crystal Lantern Storm Drain, City of Dana 191,918 2350 West 205`h Street Point Torrance, CA 90501-1460 (310) 320-0320 HOAG MEMORIAL HOSPITAL 097 Hospital Road Widening 179,881 FACILITIES,DESIGN& CONSTR. 145 Potholes for Lower Campus Central Plant 27,474 361 Hospital Road, Ste. 229 155 Hoag Lower Level Central Plant-Cogen; Site 1,973,809 Newport Beach,CA 92658 Utilities (949) 574-4467 IRVINE RANCH WATER DISTRICT 001 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949)453-5585 JOHN LAING HOMES 037 Laing Homes Meadowlark Utilities-Tract 99,981 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 (949) 476-9090 Ext. 230 GAJanet\GCIVOBLIST\GCI REFERENCE SHT.doc Page 4 of 8 G C I CONSTRUCTION, INC. FORMERLY:GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August, 2004 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT KNOTT'S BERRY FARM 010 Coasters Restaurant Knott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 027 "Soak City" Demo 123,882 (714) 220-5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City"—Water Lines 13,000 031 Mechanical Pump Buildings-"Soak City" 899,999 032 "Soak City" Grading 572,073 033 "Soak City"- Utilities 498,067 034 "Perilous Plunge"-Demo 159,750 Continued.... 039 Cross Town Sewer 210,708 041 "Soak City"—Asphalt Paving 170,394 043 "Soak City"—Concrete Flatwork 753,828 044 "Soak City"—Wall#1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off-Knott's Berry Farm 102,136 052 Retaining Wall & Bridge Abutment-Soak 305,293 City 136,071 054 Stanton Avenue Phase-1 9,812 055 Housekeeping Pads—"Soak City" 50,000 166 Knott's Berry Farm"Silver Bullet Utilities 428,420 Rerouting LOS ANGELES COMMUNITY 063 Certain Domestic Underground Water Mains- 238,103 COLLEGE DISTRICT East Los Angeles College Facilities Planning& Development 770 Wilshire Blvd. Los Angeles, CA 90017 (213) 891-2480 LOYOLA MARYMOUNT UNIVERSITY 002 L.M.U. Export-Playa Vista 716,502 7900 Loyola Blvd. Los Angeles, CA 90045-8370 (310) 338-7762 MISSION VIEJO CHRISTIAN CHURCH 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768-0209 j I G:\Janet\GCIVOBLIST'\GCI REFERENCE SHT.doc Page 5 of 8 . ' G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August,2004 CONTRACT CUSTOMER NAME &ADDRESS JOB#/LOCATION AMOUNT MR.JOHN THORSELL 006 Water Line Relocation-Dana Point 13,709 1 Santa Lucia Dana Point, CA 92629 (949)448-8722 NEWPORT CREST H.O.A. 111 Newport Crest Community Assoc. Drainage 66,788 C/O PROFESSIONAL COMM. MGMT. 120 Newport Crest HOA-Remove/Replace 59,317 23726 Birtcher Drive Concrete Lake Forest, CA 92630 (949) 465-2275 NEWPORT MESA UNIFIED SCHOOL 076 Grading Improvements for Construction of 12,005 DISTRICT Preschool at Whittier Site 2985-E Bear Street 101 Newport Coast Elementary School 11,217 Costa Mesa, CA 92626 103 Harbor View Elementary School 2,921 (714)424-7528 OAKHILL DEVELOPMENT 068 35386 Camino Capistrano, Lot 57,Tract 1127, 99,260 1048 Irvine Blvd., #363 Dana Point Newport Beach,CA 92660 (949) 574-9164 ORANGE COUNTY WATER DISTRICT 048 Santiago Creek Recharge Project 352,956 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378-3305 PACIFIC BUILDING INDUSTRIES 3190-K Airport Loop Drive 024 Bayside Restaurant-Newport Beach 2,700 Costa Mesa, CA 92626 (714) 755-0299 PERDOMO BLT ENTERPRISES, LLC 003 East L.A. Recycling and Transfer Station 313,144 511 Spectrum Avenue Oxnard CA 93030 (805)278-8220 PIONEER BUILDERS,INC. 137 Castillo Del Mar Site Utilities 273,971 101 El Camino Real, Ste. 207 San Clemente, CA 92672 (949) 498-6780 GAJanet\GC1\J0BLIST\GC1 REFERENCE SHT.doc Page 6 of 8 ' G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August,2004 CONTRACT CUSTOMER NAME &ADDRESS JOB#/LOCATION AMOUNT PLAYA CAPITAL COMPANY,LLC 004 Placement of LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310) 822-0074 PORT OF LONG BEACH 022 Removal of Nicholson Avenue Ramp 128,153 925 Harbor Plaza Drive,4th Floor Long Beach, CA 90801 (562)437-0041 SOUTH COAST WATER DISTRICT 007 Coastal Treatment Plant- Export Sludge Force 93,109 31592 West Street Main Phase III Laguna Beach, CA 92607 015 Camino De Estrella Sewer Main 110,767 (949)499-4555 058 Pacific Coast Hwy. 12" Water Main, Dana 1,108,766 Point 058-C101-106 Holtz Hill Waterline, Dana Point 18,500 119 AC Grind/Cap—Crystal Lantern, Dana Point 153 Marguerita Avenue Water Line Replacement 88,827 163 Raising 48"Manhole Covers to Grade 22,100 168 Capistrano Beach Sewer Excavation Repairs 109,800 SOUTHERN CALIFORNIA WATER 045 Albertoni Blvd., East of Avalon Blvd. - 12"DI 142,229 COMPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 047 Inglewood Avenue 12"DI Pipe 251,790 Carson, CA 90746 049 223`d Avenue,Hawaiian Gardens-Watermain 217,257 (310) 767-8205 050 224 h Avenue,Hawaiian Gardens-Watermain 223,773 051 Brittain Avenue, Hawaiian Gardens- 241,993 Watermain SOUTH OC COMM. COLLEGE DIST. 154 Saddleback College Health Sciences/District 231,700 28000 Marguerite Parkway Offices Building Mission Viejo, CA 92692 (949) 582-4850 SOUTHWEST FIRE PROTECTION CO. 157 Fire Water at Hoag Lower Level Central Plant 19,085 215 EAST EL SUR STREET -Cogen MONROVIA, CA 91016-4801 (626)359-0034 STEVE BUBALO CONSTRUCTION P.O. BOX 1048 MONROVIA, CA 91017 127 Baker Parkway Storm Drain 599,120 (626) 574-7570 TRI CORPS ENGINEERING 075 Aliso Viejo Desilting Basins 42,750 7005 Hwy. 215, Frontage Road Moreno Valley, CA 92553 (909) 369-9396 G:Vanet\GCIVOBLIST\GCI REFERENCE SHT.doe Page 7 of 8 e o, ` G C I CONSTRUCTION, INC. FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of August,2004 CONTRACT CUSTOMER NAME & ADDRESS JOB#/LOCATION AMOUNT VALLEY CREST 123 Huntington Beach Central Park 47,410 1920 Yale Street Sports Complex Santa Ana, CA 92704 (714) 546-7975 WALNUT VALLEY UNIFIED SCHOOL 008 Morning Sun Landslide Site-Walnut 25,392 DISTRICT 073 Morning Sun St. Grading& Storm Drain 71,816 880 South Lemon Avenue Walnut, CA 91789 (909) 595-1261 Ext. 1378 G:Vanet\GCI\JOBLISTIGCI REFERENCE SHT.doc Page 8 of 8 (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder,under penalty of perjury,certifies that except as noted below,any person associated therewith in the capacity of owner, partner, director,officer,or manager(initial the applicahle selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor. tell �(1�S' _ �► - Contact Person: - t6ud 13P..t uff Contact Phone: (11 -e> Signed: im Date: I6_ 11 -04 - r *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002(HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 GCI CONSTRUCTION, INC. BID PROJECT. Central Park&Warner&Nichols Stone Water Treatment City of Huntington Beach CC#1M *** DVBE GOOD FAITH EFFORT **• DBE's CONTACTED DATE/ METHOD SELECTED REASON NOT SELECTED Concrete Structure Covarrubias Brothers 10-12-04 By Phone E ' - - Full Name Company File As —Lccate L, - Jerry Lincoln 1 10/ 1/20O4 10/11/04 MON 10:54 FAX 714 540 1148 GCI CONSTRUCTION INC. Q 001 �c TX REPORT s* TRANSMISSION OR TX/RX NO 2212 CONNECTION TEL 19097844365 CONNECTION ID ST. TIME 10/11 10:53 USAGE T 00'43 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HB Bid Qate/Time: OCT. 12. 2004 (TUE) 2:00 PM Location: SUBS Item# 1WM Unit Price Total 10 MH,FRAME&COV,PRESSURE TYPE 7 EA 11 MH, FRAME&COV, GRATE TYPE 2 EA Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4)Labors are not required to be Union. 5)Items bid shall be in full conformance with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 10:55 FAX 714 540 1148 GCI CONSTRUCTION INC. fa001 xc* TX REPORT TRANSMISSION OH TX/RX NO 2213 CONNECTION TEL 19093500654 CONNECTION ID ST. TIME 10/11 10:54 USAGE T 00'28 PGS. SENT 1 RESULT OR INVITATION to BID 10/1112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 project: CENTRAL PARK STORM WATER TREAMENT-HB 81d Date/Timem OCT 12 2004 JTUE) 2.00 PM Location: SUBS Item &M Qty Unit Price Total 10 MH, FRAME&COV, PRESSURE TYPE 7 EA 11 MH, FRAME&COV, GRATE TYPE 2 EA Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4)Labors are not required to be Union. 5)Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 10:55 FAX 714 540 1148 GCI CONSTRUCTION INC. lihool TX REPORT * TRANSMISSION OK TX/RX NO 2214 CONNECTION TEL 19094271810 CONNECTION ID ST. TIME 10/11 10:55 USAGE T 00'27 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HIS Bid Date/Time: OCT IL 2o04 (TUE) 2.00 PM Location: SUBS Item# If@ffi ( W Unit Price Total 10 MH,FRAME&COV,PRESSURE TYPE 7 EA 11 MH, FRAME&COV, GRATE TYPE 2 EA (vote: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4)Labors are not required to be Union. 5)Items bid shall be in full conformance with the project plans&specifications. 6)Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. Full Name Company File As Ca or... Business Ph... Business Fax Steve Radaich Charles King Company Radaich Dewatering -2974 426-9714 Steve (562)426 Dave Bradford Foothill Engineering&Dewater... Foothill Engineering&Dewatering... Dewatering (909)737-5391 737-0792 I 1jerry-Soto Griffin Dewatering Griffin Dewaterin Dewaterin 909)986-4498 (909)988-8457 Jerry Lincoln 1 10/11/2004 10/11/04 MON 11:59 FAX 5624269714 MASCO-CHARLES KING CO. a 001 10/1 /04 MON 10:45 FAX 714 540 1148 GCI CONSTRUCTION INC. Q 001 INVITATI N to BID Bid From: Company: Contact: Ext: Phone_ Fax: Date: Time: GCI Construction Contact; Jerry x-16 (714)957-0233 Fax: (714)540-1148 PrQlectw CENTRAL PARK STORM VVAMIR TRFAMNE-H® Bid ttgffj e: OCT. 12, 2004 (TUE.) 2:00 PM Location: SUBS Item unit Prices Total 4 DEWATERING 1 L5 Note: RESTRICTED WORKING HOURS: - PM 1)AN item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2)Pr WGuote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4)Labors are not required to be Union. 5)Items bid shall be in full confmmence with the project plans&specifications. 6)Items bid shall be complete in all respect per the plans&specifications,unless otherwise noted. � U lv 10/11/04 MON 10:47 FAX 714 540 1148 GCI 'CONSTRUCTION INC. Z 001 • xxxaxx�x*x�xx:xx�xx*��x I �x* TX REPORT TRANSMISSION OK TX/RX NO 2210 CONNECTION TEL 19097370792 CONNECTION ID ST. TIME 10/11 10: 46 USAGE T 00'26 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Protect: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Tinne• OCT 12, 2004 (TUE) 2.00 PM Location: SUBS Item Item -fi Unit Price Total 4 DEWATERING 1 LS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2) Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5)Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 10;48 FAX 714 540 1148 GCI CONSTRUCTION INC. Z 001 TX REPORT TRANSMISSION OK TX/RX NO 2211 CONNECTION TEL 19099888457 CONNECTION ID ST. TIME 10/11 10:47 USAGE T 00'26 PGS. SENT 1 RESULT OK INVITATION to BID 10/11/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time: OCT. 12, 2004 (TUE) 2:00 PM Location: SUBS Item # Item OAY Unit Price Total 4 DEWATERING 1 LS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2) Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4)Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 11:56 FAX 714 540 1148 GCI CONSTRUCTION INC. Z001 xcxek TX REPORTxck kksk�kkkxcskkk�C�C�C�Cskkk:k�k TRANSMISSION OK TX/RX NO 2221 CONNECTION TEL 19099804130 CONNECTION ID ST. TIME 10/11 11:55 USAGE T 00'39 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: ,ferry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time• OCT 12 2004 (TUEJ 2.00 PM Location: SUBS Item Item Qty Unit Price Total 22 24" RCP 28 LF Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformance with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications,unless otherwise noted. 10/11/04 MON 11:42 FAX 714 540 1148 GCI CONSTRUCTION INC. 001 �c TX REPORT TRANSMISSION OK TX/RX NO 2220 CONNECTION TEL 19492489560 CONNECTION ID ST, TIME 10/11 11:41 USAGE T 00`27 PGS. SENT 1 RESULT OK INVITATION to BID 10111/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time: OCT 12 2004 ITIJEa 2.00 PM Location: SUBS Item Iem Unit Price Total 22 24"RCP 28 LF Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2) Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12) if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6)Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted, 10/11/04 MON 11:39 FAX 714 540 1148 GCI CONSTRUCTION INC. 001 x TX REPORT �e TRANSMISSION OK TX/RX NO 2217 CONNECTION TEL 5474205 CONNECTION ID ST. TIME 10/11 11:38 USAGE T 00'29 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time: OCT 12, 2004 (TUE) 2.00 PM Location: $ BS Item Item QW Unit Price Total 14a 6"VCP 65 LF Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12) if operating a equipment is required. 4)Labors are not required to be Union. 5)Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 11:44 FAX 714 540 1148 GCI CONSTRUCTION INC. U 001 TX REPORT x* TRANSMISSION OK TX/RX NO 2218 CONNECTION TEL 13235647874 CONNECTION ID ST. TIME 10/11 11:43 USAGE T 00`26 PGS. SENT 1 RESULT OK INVITATION to BID 10/11/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time: OCT 12 2004 (TUE) 2.00 PM Location: SUBS Item Item -Qt-Y Unit Price Total 14a 6"VCP 65 LF Note: RESTRICTED WORKING HOURS: PM 1)All item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12) if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6)Items bid shall be complete in all respect per the plans&specifications,unless otherwise noted. 10/11/04 MON 11:41 FAX 714 540 1148 GCI CONSTRUCTION INC. Q 001 x TX REPORTx� TRANSMISSION OK TX/RX NO 2219 CONNECTION TEL 19092732708 CONNECTION ID ST. TIME 10/11 11:40 USAGE T 00'27 PGS. SENT 1 RESULT OK INVITATION to BID 10/1112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Pro-iect: CENTRAL PARK STORM WATER TREAMENT-HB Bid DatefTime• OCT 12 2004 (TUE) 2.00 PM Location: SUBS Item # Item ( tY Unit Price Total 14a 6"VCP 65 LF (vote: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award, 3)All subcontractors must be signatory to operators engineer(Local 12) if operating a equipment is required. 4)Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6)Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 12:58 FAX 714 540 1148 GCI CONSTRUCTION INC. 001 xcsk*% kkk��k��skak�c%kk��%� xc�C TX REPORT xc�c TRANSMISSION OK TX/RX NO 2223 CONNECTION TEL 16263373401 CONNECTION ID ST. TIME 10/11 12:57 USAGE T 00'29 PGS, SENT 1 RESULT OK INVITATION to BID 10/11/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Pro ect: CEWRAL PARK STORM WATER TREAMENT-HB Sid Date/Tinne• -OCT 12, 2004 TUE) 2.00 PM Location: OC MAP 857 J1 SUBS Item Item .OtjC wit Price Total 1 SE 30 Fill Sand 1,000 TONS 2 3/4" Rock 500 TONS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformance with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 13:05 FAX 714 540 1148 GCI CONSTRUCTION INC. 0 001 • �c ERROR TX REPORTx* TX FUNCTION WAS NOT COMPLETED TX/RX NO 2224 CONNECTION TEL 7280544 CONNECTION ID ST. TIME 10/11 13:05 USAGE T 00,00 PGS. SENT 0 RESULT NG #018 INVITATION to BID 10/11/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Prqject: CENTRAL PARK STORM WATER TREAMENT-HB Bid Date/Time: OCT 12, 2004(TUE) 2.00 PM Location: OC MAP 857 A SUBS Item# jtem -Qtj( Unit Price Total 1 SE 30 Fill Sand 1,000 TONS 2 3/4" Rock 500 TONS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications,unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 12:55 FAX 714 540 1148 GCI CONSTRUCTION INC. 16001 - xe TX REPORT kkxc TRANSMISSION OK TX/RX NO 2225 CONNECTION TEL 16263344161 CONNECTION ID ST. TIME 10/11 12:54 USAGE T 00'28 PGS. SENT 1 RESULT OK INVITATION to BID 10111/2004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GC1 Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAM NE T HB Bid Date/Time; OCT. 12, 2004 (TUE) 2:00 PM Location: OC MAP 857 J1 SUBS Item # Item (sty Unit Price Total 1 SE 30 Fill Sand 1,000 TONS 2 3/4" Rock 500 TONS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2)Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award, 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications. 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. 10/11/04 MON 12:55 FAX 714 540 1148 GCI CONSTRUCTION INC. Q 001 kxe TX REPORT TRANSMISSION OK TX/RX NO 2226 CONNECTION TEL 5622758 CONNECTION ID ST. TIME 10/11 12:55 USAGE T 00'27 PGS. SENT 1 RESULT OK INVITATION to BID 1011112004 Bid From: Company: Contact: Ext: Phone: Fax: Date: Time: GCI Construction Contact: Jerry x-16 (714)957-0233 Fax: (714)540-1148 Project: CENTRAL PARK STORM WATER TREAMENT-H Bid Date/Time: OCT. 12, 2004 (TUE) 2.00 PM Location: OC MAP 857 J SUBS Item # tea! Unit price o al 1 SE 30 Fill Sand 1,000 TONS 2 3/4" Rock 500 TONS Note: RESTRICTED WORKING HOURS: - PM 1)All item per city of HUNTINGTON BEACH standards and specifications, unless otherwise noted 2) Price/Quote shall be good for 10 days after what is requred by the Owner/Prime Contract Award. 3)All subcontractors must be signatory to operators engineer(Local 12)if operating a equipment is required. 4) Labors are not required to be Union. 5) Items bid shall be in full conformence with the project plans&specifications, 6) Items bid shall be complete in all respect per the plans&specifications, unless otherwise noted. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Ee . z , 2004 To: C , 5310 Enclosed please find your original bid bond issued by e /1 /t�,S I O /—f�Ctf-/ TEU S for Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/retumbidbond.doc (Telephone;714-536-5227) THE AMERICAN INSTITUTE OF ARCHITECTS I � AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we PPC Construction, Inc. as Principal, hereinafter called the Principal, and First National Insurance Company of America a corporation duly organized under the laws of the State of Washinton 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 Amount Bid Dollars($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Central Park and Warner & Nichols Storm Water Treatment Project. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th day of October, 2004. PPC Construction, Inc. Qival P ' 1) (Seal) (Witness) BY V, (Title First National Insurance Company of America 100� (Su ) (Seal) (Witness) BY Pe ny E. Kelley,Al (Title) 61 AIA DOCUMENT A310•BID BOND.AIA O.FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SAN DIEGO OnOctober 11, 2004 beforeme, MARIA V. DRIPPS, NOTARY PUBLIC Date Name and Title of Officer(e.g,'Jane Doe,Notary Public") personally appeared PENNY E. KELLEY Name(s)of Signer(s) X)personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose nameoL) is/S& subscribed to the within instrument and acknowledged to me that)M/shelf executed the same in MX/herMIX authorized capacity(ies), and that by =/her/= signature*) on the instrument the person(It, or the entity upon behalf of which the person(k acted, executed the instrument. MARIA V. DRIPPS Commission# 1388010 Z WITNESS my hand and official seal. z •.r Notary Public - California > V. San Diego County `—" My Comm.Expires Nov 29,m Signature of Notary Pub OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: IVIOUIM ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee 11 Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 S" A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE,WA 98124-1526 No. 4273 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint **J.T.WARNOCK;CHRISTINE A.PATERSON;LAWRENCE F.MCMAHON;LETICIA SAN MARTIN;JAMES BALDASSARE,JR.;PENNY E.KELLEY;San Diego** its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 30th day of June , 2004 C..�I�J � ` Vim-- C�,J/�• �II./`-�.1 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 1 lth day of October 2004 \ AMCE CO �% 4ojro*,, SEAL ✓ ., 1928 44 4 �QjJ f Av WAS����,��� ♦ • CHRISTINE MEAD,SECRETARY S-1049/FNEF 7/98 ®A registered trademark of SAFECO Corporation 07/01/2004 PDF iJfA s u +on W. r,:_C L 15i i_S W6M.CGo R"S% ts� 10A CITY cL.�;t, CITY OF CA 91go HUNTING T ON UEACH, CA 100u OLT GG IZS � c R14- CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE 2000 MAIN ST.,2N'FLR. HUNTINGTN BEACH, CA 92648 SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find BIn 0000 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 1 /0 0 C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16 & 17) Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17 (Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated October 4,2004. PI'G GotJ9n c-nGM , IN c Company Name By Vo l Ci f o Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714)374-1735. PROJECT BID SCHEDULE Item stun te>FI::;:::::<::::::>:: tem::w�t :unit:pE�ce :::: :::> >: >: .zten�e...: ....... ............. ..... .. ........ ................................ ... ................. No.: Quautity:::::::.::::::::::::: writtei iti::ivoircts::. ::.:::::::::::::::.::::-knit Price::::::: 1 1 MOBILIZATION L.S. @ SIUL A�v t a j Dollars $ GD,00O $ 4,0 ODb Cents Per L.S. 2 1 CLEARING/GRUBBING L.S. @ 74e" 4ve194�j Dollars $ 10,pop $ 10" DOo Cents Per L.S. 3 1 TRAFFIC CONTROL L.S. @ S/?c �kOv sekwJ Dollars $ 6,000 $ 6,a PO Cents Per L.S. 4 1 DEWATERINGI// L.S. @/t 7hoof.$ Dollars $/D'OU'D $ /of POD Cents Per L.S. 5 1 SHORING&IIBRACING L.S. @ TWo h,J J 4Li Ls,-J Dollars $ 7-1701r 000 $Z,00i ODD Cents Per L.S. 6 2 Purchase&Assemble CDS MODEL PSW70II_70(1 -L& I-R) EA. @ Oh f- L wh jna �l�vdsa.+d Dollars $ 100,00 0 $ Zoo, pow* Cents Per EA. 7 2 Purchase&Assemble CDS MODEL PSW50_50 (I -L& 1-R) EA. @ St xj 441pwSP- 1� Dollars $ G.',Doc, $ 13 og 000 Cents Per EA. 8 3 Construct Cast in Place Diversion Wier Box Structure EA. @ Twe )wt. +�%00sdkv- Dollars $ M'poo $3(p,IDQQ Cents Per EA. 9 1 Remodel Existing Manhole/Construct Diversion Weir EA. @ Fov✓ +69osarJ Dollars $ 4,000 $ 4,000 Cents Per EA. 10 7 Install Manhole,Frame&Cover,Pressure type EA. @ 912 2 kh 6 6 ienJm Dollars $ 11800 $ 17 Cents Per EA. C-1s PROJECT BID SCHEDULE tel:: s i tt to <::::;:: ::: .tem:wit. uttit::pxice::.:::::::::: .:>::::.:::::::::: ::::::.ztende...: .. .... .. .................... ...... ...... ........ ........ ... .. .. ( uantitq wri#en::in;worsts:::: nit .:rice: .::: 11 2 Install Manhole,Frame&Cover,Grate type EA. Dollars $ 1,500 $ 3,p00 Cents Per EA. 12 950 Roadway Pavement Repair, Section per plan S.F. @ Fi�T.Cd✓� Dollars $ 1 S $ 14,2S0 Cents Per S.F. 13 750 Park Walkway Pavementlepair,Section per plan Cl Kill S.F. @-�f f�1'; -ro T4✓i Dollars $ (O $ 7,500 Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) L.F. @ 0*1 s- �Ur►J ra, Dollars $ 100 $ 00 Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain EA. @ 0"-c +IN V a-CA•, Dollars $ 1, 000 $ 00 Cents Per EA. Repair/ReplaceLandscaping/Irrigation including Sod(species to be 16 1 determined) L.S. @ Fifteen Thousand Dollars $15,000.00 $15,000.00 No Cents Per L.S. Remove Ex 18"Dia Tree&supply 2-24"box replacements(size 17 1 &species to be determined) EA. @ Foy✓ ♦6 v 0u.J Dollars $ 4,DOD $ 4,006 Cents Per EA. 18 1 Clean Existing JS&install self leveling Epoxy EA. @ Twf l b � VG 6„d/t d Dollars $ 21500 $ Z"SOD Cents Per EA. 19 6 Install Conc..Pipe Encasement at pipe junctions EA. @ rilfea►% �undf&j Dollars $ 1•SOn $ 000 Cents Per EA. 20 [EA. Construct Junction Structure(Type C)per City Std. @ Two +k'q VS6-J Dollars $ Z, 000 $ $,000 Cents Per EA. C-2s PROJECT BID SCHEDULE teal : stm to :::::::::::::::.::: tem:with:uritt:puce:::::::::::::::::::::::::: xten e Quantl#y:: wrt. I A n:words:: Fn t,�rir .:Airtouttt:: . 21 1 Install CLEANSCREEN debris catch basin gate EA. @ RVL tk,1s0rd Dollars $ S,vov Poo Cents Per EA. 22 28 Install 24"RCP (� r L.F. @ + Dollars $ ZSO $ 7, 000 Cents Per L.F. 23 12 Install Precast 2'x3'RCB r L.F. @ (iVL kJfa/ Dollars $ S-VC, $ GOO Cents Per L.F. 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents 7,jl Per Total Amount Bid in Figures: $ 0,3So Total Amount Bid in Words: Seve., ��„ ��_ � s. �� a_ s�� l:ru_________ C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number CA 7s; 15 C__ Z1 0V✓n avi c.'r CA 93701.L1 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Fv-Pt- ffly-V , being first duly sworn, deposes and says that he or she is y i cr, P l I r of pPL CZI�STTUILTtt-r1, 1A:(-- 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. Pro atj!sTu c-77w) , INc . Name of Bidder Signature of Bidder 336 N• c---NMPrt, A . , STFF . 104 6 t;&N DA-L$- , W 9126 3 Address of Bidder Subscribed and sworn to before me this day of Ckb�W , 2004. NANCY GHANIKHAH AFSHAR _ a NOTARY PUBLIC- 4949 CALIFORNIAG LOS ANGELES COUNTY n COMM.EXP.MAY 2,2007-� NOTARY PUBLIC CZ 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 Central Park And Warner & Nichols Storm Water Treatment Project, (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. PPC- G01VS*1LVG77W, INC.-. Contractor By Title Date: `P /04 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? � ❑ Yes U 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 that 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. f'c 60N.MUC1774ti, INC. Contractor gEIA- J� By Vlc� prbt- Title Date: �o fj2•! "T C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PPP, ConlsT WGTt0n1 , I& . Bidder Name 35 G, n!. CtF074 t-- Mi.; • , SU/7E- /b f4 Business Address C� N Of-L-r-- CI^} rZ 203 City, State Zip So4-b Telephone Number 772.gsI A s State Contractor's License No. and Class /2 /2g P15 Original Date Issued 3 /31 ks Expiration Date The work site was inspected by ZA Fftd of our office on 10 _, 20 d 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. p,06, CO/VSTV-U C?1&0J C . Company Name Signature of Bidder 24k � Printed or Typed Signature 4LN NtO Subscribed and sworn to before me thisday of ✓, 20 _ NANCY GHANIKHAH AFSHAR COMM.#1434949 pro NOTARY PUBLIC-GALIFORNIA D LOS ANGELES COUNTY n � COMM.EXP.MAY 2,2M7-► 4 NOTARY PUBLIC ©. ` NOTARY SEAL . 1 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. C IV OF CULVE-A CITY , 97qD c-ULVER OLVV., Wt-MM , u9 9023 2 Name and Address of Public Agency Name and Telephone No. of Project Manager: JC*N AVt='1t,F} (31`0) 253- 6423 Contract Amount Type of Work Date Completed 2. GI'TV &F LONG. &aAC#. PPW, 333 W ,&C&-At,3 SuV. , LOA)4 &cW-*. CK aDW2- Name and Address of Public Agency Name and Telephone No. of Project Manager: TEDDY NOOL (Sfo2� Sao- lo(.g8 224 , (035 J N STALL- CV-'; Sir-APT lly� Contract Amount Type of Work Date Completed 3. c 17y Of LDS A1'J6;EL.EF5 , DPW, G 5o S• s?NN S St, LDS 4tJ&EL63. u3- 9&614 Name and Address of Public Agency Name and Telephone No. of Project Manager: ChS91ZLE3 AVAMS (213) trt}7- g83G 4'qta , w&-o LNSMA, TO% Nv't' 04 bW G •-.2"3 Contract Amount Type of Work Date Completed C-10 (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner,partner, director, officer, or manager(initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: M GoN!; -'f_u GTi", Ito G Contact Person: 1e2A PA" Contact Phone: (uts) &62 -sv+D Signed: Date: /b /1 z LD11 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFOR-NIA 92648 OFFICE OF THE CITY CLERK 2004 To: — C�q 41 C. 9-3/6 .-� O� M0,)7-, (� 9/7.13 t Enclosed please find your original bid bond issued by - 1.64--zj zy aRS,T �My for -- Joan L. Flynn City Clerk JF:pe Enclosure glfollo«up/cashcont/retumbidbond.doc (Telephone:714-536-5227) 1V/VJ/ENVY iV.LG 01 VJYVJYlL L 1-1 /N-.GJJ rH1K UY Fidelity and Deposit Company .POST OFFICE BOX 12.27 OF MARYLAND BAI.ITMORE,MD 21203-1227 BID BOND Bid Due:October 12.2004 KNOW ALL MEN BY THESE PRESENTS. That we, Mike PrUch & Sons. Inc.. 9316 Wineerman Avenue, Sggth El Monte. CA 91733 as Principal, (hereinafter called the"Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.P.O. Box 1227.Baltimore, Maryland 21203, a corporation duly organized wader the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Hantingtgn Beach- 2000 Main Street, Rue1ington Beach.CA 92648 Obligee(hereinafter called the"Obligee'), in the sum of Ten Percent Of logtal Amount Dollars (S10%J 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. WTIE1tEAS,the Principal has submitted a bid for Central Park&Warner&Nichols storm water treatment project,cash contract No. 1257. 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£aitbful 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 5th day of Qctober A.A.,2W Mike Arlie & ------------—---------- --------------witness Principal Michael A.Mich, President Tide mmuTy AND DEPOsukowANY OF M -7� -------------------------------—---------wimess - Az mjkbaif Heniey, orney act 023f.3011 7.92 231374 (Aarm to America inuitute of Adiacu Doornent A-110 F&VVY 1970 l460 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 PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint C.Michael HENLEY,of Canoga Park,California, its true e A n-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and a d undertakings,and the execution of such bonds or undertakings in purs o en g upon said Company,as fully and amply,to all intents and purposes,a wledged by the regularly elected officers of the Company at its office in , ' ns. This power of attorney revokes that issued on behalf of C.Michae a anua The said Assistant t 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 W 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 15th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Fop DfPps�i r 1� ' �i►.h...t By: T.E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland I ss: City of Baltimore On this 15th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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. �� J Gvl�- .n.• N� Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-4874 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one.of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this �� day of � �C Assistant Secretary State of California County of Los Angeles On, S;-as--(? before me, Veronica Lynn Sognalian, Notary Public, personally a peared C. Michael Henley who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the some in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. e eronica Lyn o alian Notary Public State of California County of Los Angeles On ! l7— ( 2004 , before me, Gregg Arden Alfvegren, Notary Public personally appeared, Michael A. Prlich personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i Gregg /n Alfvegren,Notary Public GREGG ARDEN ALFVEGREN Commbsion#)492817 -i Notify ROW-CaNtomia Los ArQWW County My Comm.EVN%May31,2W8 I1 MIKE PRUCH&SONS INC. ` � 9316 Klingerman Street . 3 � � South El Monte,CA 91733 u k` � .' � To: CITY OF HUNTINGTON BEACH Public Works Department r x� ��� ! r �x4 �F� Huntington Beach CA 92648 w CENTRAL PARK AND WARNER & NICHOLS. STORM WATER TREATMENT PROJECT, / 10/04/2004 04:38 7143741573 CHB ENG PAGE 01/05 FAX COVER SHEET La CITY OF HUNTINGTON BEACH Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 FAX(714)374-1573 6;1 TO: DATE:October 4,2004 COMPANY:Mike Prlich&Sons,Inc. FAX NO: (626)350-3195 NUMBER OF PAGES INCLUDING COVER SNEET: 5 FROM: Doug Erdman,Associate Civil Engineer PROTECT NAME'CENTRAL PARK AND WARNER&NICHQLS STORM WATER TREATMENT PROJECT PROJECT NUMBER: CC 1257 PLEASE NOTIFY ME IMMEDIATELY AT(714)536-5259 IF ALL PAGFS ARE NOT RECEIVED PROPERLY. ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 CONTACT PERSON: Doug Erdman, Associate Civil Engineer/Project Manager,(714)374-1735 1257adde4num fax 10/04/2004 04:38 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions. Revised Bid Schedule(Corrected Error in Bid item#16&17) Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17(Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project, This is to acknowledge receipt and review of Addendum Number one,dated October 4,2004. MIKE PRLICH & SONS INC. MICHAEL A. PRLICH 9316 KLINGERMAN ST. Company Nam§O. EL MONTE, CA 91733 By PRESIDENT 323-283-7852 FAX 626-350-3195 LIC# 760474 A 1;� _ C3 4 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714)374-1735. ,1 SECTION C PROPOSAL for the CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find 1p 3Q,-rO in the amount of$ ( 0 'l-b 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 O'A C-2 10/04/2004 04:313 7143741573 CHB ENG PAGE 03/05 PROJECT BID SCHEDULE tom. ,climate teiln;wtt unrt pace +xtcrn e wri n:in wotds.',. Vo.-ruPricC'' Atit04��t N4. I1.A7ltll. � 1 .1 MOBILIZATION Fa 3YLTt"+—i v�C� 1��13"3.S1f?jjR0ltar-, S Toff ODo S '7�� 000 N o Cents Per L.S. 2 1 CLEARING/GRURRING L.S. G 7n) t2,1Tz-FtJ T7to�st.A-aJ Dollars $ 13_3 000 $ 1om _ 1`S c� Cents Per L.S. 3 1 TRAFFIC CONTROL, L.S. n 'z— Dollars S Llood $ 0oc — N� _Genic Per L.S. 4 1 DEWATTiRTNG I a;lCt'i—F-1 V TIttQ4 S A'^r-O D011ars $ 3 S oab g 3:00 o _ �j\ Ccnls Per L.S. L.S. n - — w Dollars $wgAm- $ S�+J me Cents ) Per L.S. 5C to � l mo G 2 Purchase&Assemble CDS MODEL PSW7)) 70(i -L& I-R) EA. Ca) 0n1E ttva0Uh jltrn rY FTJC Dollars $ 13S uou $r17o utD "t� Cents Per EA. 7 2 Purchase&Assernhle CDS MODEL PSW50_50 (1 -L& 1-R) EA. n jJ)(�T`1 "I 11b i1S/�D _Dollars $ c1()�0&0 $ 1u Cents Per EA. 8 3 Construct Cwt in Place Diversion Wier Box Structure EA. I C-`l --I—H-o-S At—lam_ Dollars $ ���bbc S 90c tsu _►t _Cents Per EA. 9 1 Remodel Existing Manhole/Construct Diversion Weir EA. flto sA j Dollars N Cents Per EA, 10 7 Install Manhole. Framc&Cover,Pressure type EA. © d N -pto'.1s Dollars S Cen LS Per EA. CAS 10/04/2004 04: 38 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE tteM e• .Xtcri t No. Qtuanti writ n tin:we S UA+1tt PrtcC: ,�lmaunt 11 2 install Mnnhole. Frame&Cover,Grate type EA. (a) 6Nc tous/),"!p Dollars $1Jbb $ ZOUC1 - f's-t Ccnts Per EA. 12 950 Roadway Pavement Repair.Section per plan S.F. r -TW ELQ E- _—r)ollays R j Z _ $ yV U^ ti3 t5 _Cents Per S.F. 113 750 Park Walkway Pavement Rcpoir.Section per plan S.F. n F, F jY tJ Pollars $ /S�- R 1 I 2,5% - N ° —Cents Per S,F. Remove/Abandon 1xisting 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) L.F. a 0-4trD S JL El Dollars - 1�o Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain EA. (ate :jLyO 1+U -t' C>0-6...0 Ft F:11�C Dollars Cents Per EA. Rcptiir/ReplaceLandscaping/irrigation including Sod(species to be 16 l determined) L.S. g Fifteen Thpusand Dollars S 15MO.0 S15,000.00 No Cents Per L.S. Remove Ex 18" Dw Tree&supply 2•24"hox replacements(size 17 1 &spceiev to he determined) EA. @ F�p� fz- 1)tb i.S Dollars $ LJODC $ 4000 Cents Per EA. 18 1 Clean Existing JS&install self leveling Rpoxy EA. @ 6r�� n�b.1S�JD 2 tF`"'iODo� R / 0O $ /qC f� U Ccnts Per EA. 19 6 Install Core. Pipe Encasement at pipe junctions EA. (a f Q (fits 0 {L n Dollars $ Lj Do— $ ZY 0 b Cents Per EA. 20 4 Construct Junction Stricture(Type C)per City Std. GA. 061 Q t V--V� Pr�01� ►l t Jfoo Dollars $ °I o o� $ 3 6t,() 1+�0 Cents Per F.A. C-2s 10/04/2004 04: 38 7143741573 CHB ENG PAGE 05/05 PROJECT BID SCHEDULE t0tw w t :ultit pay¢e kteti&. . "Np >t�attA>ity fvritter ijn vord.s,:, iJait PrNtr' Atnau>*t.';' 21. 1 In stall CLEANSCREEN debris catch basin gutc q EA. (a� `�fL T1�vu Syty��t) NI,.1� Dollars D!A. .�� ... Cents Per EA, 22 28 Install 24"RCP L.F. (2 TA-0 e C)RED F%1=1`1 Dnllnr� $ .S $ ..7000 — a . Cents Per L.F. .._,..._..........._ 23 12 Install Precast 2'x3'RCB L.F. (nJ Dollars $ $ ?Z L Cents Per 24 n. Dollars $ $ Cents .Per 25 Dollars $ $ Cents IL Per Total Amount Bid.in Figures: Total Amount Bid in Words: — l�n ulrzr(a-a i+lt l - ................ ................ ........... JL4-e at ,p 9.0 C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number /.57L/Z_5_ 7ZM'1tAJ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the -- above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange M I C H A E L A- P R LI .H , being first duly sworn, deposes and says that he or she is PRESIDENT Of MIKE PRLICH AND SONS INC. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. MIKE PRLICH AND SONS INC. Name of Bidder Signature of idder MIKE PRLICH r} SONS INC. 9316 KLINGERMAN ST. 80. EL MONTE, CA 91733 323-283-7852 FAX 626-350-3199 646# 76047.4 A Address of Bidder Subscribed and sworn to before me this day of 0<� , 200-1. NOTARY PUBLIC NOTARY SEAL C-4 State of California County of Los Angeles On [6 — % , 2004 , before me, Gregg Arden Alfvegren, Notary Public personally appeared, Michael A. Prlich personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Gre Alfvegren, Notary Public GREGG ARDEN ALFvEGREN Commission # 1492817 Notary Public-California Los Angeles County My Comm.Expire:May 31,200d 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 Central Park And Warner & Nichols Storm Water Treatment Project, (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. MIKE PRLICH AND SONS INC. Contractor By MICHAEL A. PRLICH PRESIDENT Title Date: �� 6'A 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. MICHAE L A. MICH �nCA1T 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 that 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. MIKE PRLICH AND SONS INC. Contractor �k2- By MICHAEL A. PRLICH PRESIDENT Title Date: V O 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: MIKE RRUCH AND SONS 114C. Contractor By MICHAEL A. PRLICH oRCQInCT Title AI Date: ' O C9—0,,-A 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: MINA 12621 1c:W INr Bidder Name 9316 KLINGERMAN ST. 80. EL MONTE, CA 91733 3113.283-7852 FAX 626-350-3195 LIC# 760474 A Business Address City, State Zip Telephone Number 9316 KLINGERMAN ST. SO, EL MONTE, CA 91733 323-283.7852 FAX 626-350-3195 LIC# 760474 A State Contractor's License No. and Class q 00 Original Date Issued 6 Expiration Date MICHAEL A. PRLICH The work site was inspected by PRESIDENT of our office on -7 20�. The following are persons, firms, and corporations having a principal interest in this proposal: W1i'CHAEL A. PRLICH P R&&I t7 C AI=�T PRESIDENT C-9 t The undersigned is prepared to satisfy the Council or 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. MIKE PRLICH & SONS INC. 9316 KLINGERMAN ST. Company Name $O. EL MONTE, CA 91733 323-283-7852 FAX 626-350-3195 LIC# 760474 A Signature of Bidder MICHAEL A. PRLICH PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this%day of ©�-� , 204. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project 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 State of California County of Los Angeles On t O — 096 , 2004 , before me, Gregg Arden Alfvegren, Notary Public personally appeared, Michael A. Prlich personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. GreV,16 Alfvegren,Notary Public LGREGG ARDEN ALPVEGREN Commission# 1492817Notary Pub0c-Cautomia Los Angeles County W Comm.Expires May 31,2008 - r (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. MIKE PRLICH & SONS INC. Contractor: 9316 n- ELMONTE, CA 91733 323-283-7852 FAX 626- Contact Person: LIC# 760474 A Contact Phone: Signed: MICHAEL A. PRLICH SIDENT Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 k MIKE PRLICH AND SONS, INC. (Completed within the last 3 years) ENTITY NAME PURPOSE OF CONTRACT TOTAL COST YEAR CONTACT PERSON City of Los Angeles Easter Ave.Sewer Relief $3,674,245.00 1999 Harry Baiaise 200 N.Spring St. 12,000 L.F.30"VCP (213)847-1186 Los Angeles,CA 90012 City of Los Angeles Western Ave.Storm Drain $ 1,394,701.50 2000 Robert Vega 200 N.Spring St. W.O.E400023 (322)342-1575 Los Angeles,CA 90012 Los Angeles County Holmes-Willowbrook Relief $ 956,192,00 2001 Mike Selna Sanitation District Sewer-Contract No.3782 (552)699-7411 1955 Workman Mill Rd. File No. 1-10.06-31 Whittier,CA 90601-1415 City of Pico Rivera Vestar Site Sewer Improvements $ 224,000.00 2002 Michael Moore P.O.Box 1016 (562)801-4389 Pico Rivera,CA 90660 Orange County Emergency Force Main Repair $2,000,000.00+ 2001 0(714)593-7342 Sanitation District Force Main Repair and Ocean 10844 Ellis Ave. Siphon Repair,2000 L.F. P.O.Box 8127 Hobas Pipe Lining,Diversion Fountain Valley,CA Of Sewer Siphon under Santa Ana 92728-8127 River. City of Pico Rivera Sares-Regis Sewer Improvement $ 235,294.88 2002 Michael Moore 6615 Passons Blvd. (562)801-4389 Pico Rivera,CA 90660 City of Rosemead Ralph Street and Olney Storm $ 483,321.61 2002 Ken Ruckavina 8838 E.Valley Blvd Drain (626)569-2151 Rosemead,CA 91770 City of Los Angeles Emergency Sewer Repair $ 204,444.46 2002 Rory Shaw 200 N.Spring St. W.O.SWC000129 (213)847-8434 Los Angeles,CA 90012 City of Los Angeles Garwood Place Emergency $ 43,013.37 2002 Alfredo Magallenes 200 N.Spring St. Storm Drain-W.O.SZS 11211 (213)8474844 Los Angeles,CA 90012 City of Glendale San Fernando Road Sewer $ 763,000.00 2002 Steve Walker 613 E.Broadway Capacity (818)548-2140 Suite 120 Glendale,CA 91206 Orange County Abandonment of Airbase Trunk $ 699,500.00 2002 Todd Haynes 10844 Ellis Ave. (714)593-7304 P.O.Box 8127 Fountain Valley,CA 92728 City of Los Angeles Toluca Lake-Moorpark Storm $ 221,768.00 2003 Tom Kilmer 200 N.Spring St. Drain...W.O.SZS11198 (213)847-5170 Los Angeles,CA 90012 Vallecitos Water Land Outfall Manhole Rehabit. $ 122,156.00 2003 Chuck Reuck District (760)744-2738 201 Vallecitos De Oro San Marcos,CA 92069-1453 Orange County Los Alamitos Lateral $ 16,156.84 2002 Terry Krie Sanitation District (714)593-7348 10844 Ellis Ave. P.O.Box 8127 Fountain Valley,CA 92728-8127 City of Los Angeles Emergency Sewer Repair $ 288,435.00 2002 Rory Shaw 200 N.Spring Street Temporary Sewer between (213)847-8434 Los Angeles,CA the Pacific Coast Hghwy and 90012 Via De Las Olas W.O.SWC 00141 t City of Santa Monica Project#14 $3,400,000.00 2003 <::(310) genia Chusid 1685 Main Street 458 88795 Santa Monica,CA 90402-2200 City of Garden Grove Garden Grove Sewer $ 344,731.00 2003 Mark Uphus 11222 Acacia Parkway Improvements (714)741-5191 P.O.Box 3070 Proj.No.7800 Garden Grove,CA 94842 ;, #& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 To: ZIL1_1 E-A �ti L' J y Enclosed please find your original bid bond issued by / `,6 I �,-�J,T 0 - Na MV V41W 6 for Joan L. Flynn City Clerk JF:pe Enclosure gafollo«upicashcontlretambidbond.doc (Telephone:714-536-5227) o D Fidelity and Deposit Company of Maryland Home Office:P.O.Box 1227,Baltimore,MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ATLAS ALLIED,INC. as Principal,(hereinafter called the"Principal'),and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N.Brand Blvd.,Penthouse Suite,Glendale,CA 91203 ,a corporation duly organized under the laws of the State of MARYLAND ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars(S 10% ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Central Park and Warner&Nichols Storm Water Treatment Project Cash Contract No. 1257 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 4th day of October A.D., 2004 ATLAS ALLIED,INC. � Prtrtcipal V"G.\- Witness A� Eva S' 'liani Secretary/Treasurer FIDE T SIT COMPANY OF MARYLAND By (SEAL) Susan Ponsell Witness 7 .7� on _ ,Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY OF MAI. FIDELITY AND DEPOSIT COMPANY OF MARYLAI`vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } ss. County of Orange � On October 4.2004 before me, BRAD L.SETTGAST, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Personally appeared J.W.JOHNSON , ® personally known to me El pFeved to Fne an the basis of satidal;te evideRse to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she executed BRAD L.SET'iGAST D the same in his/her/their authorized COMM#14871348 M capacity(ies), and that by his/her/their NOTARY PUBLIC-CALIFORNIA signature(s)natures person(s), W ORANGE COUNTY 9 ( )on the instrument the axt- My Commission Expires May 4 or the entity upon behalf of which the person(s)acted,executed the instrument. WIT I S a rfd'official seal. Place Notary Seal Above 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: BID BOND Document Date: October 4.2004 Number of Pages: Signer(s)Other Than Named Above: ATLAS-ALLIED, INC. Capacity(ies)Claimed by Signer Signers Name: J.W.JOHNSON ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner---❑Limited ❑General ® Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 01997 National Notary Association•9350 Desoto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402 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 PAUL C.ROGERS,Vice President,and T. E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,wh' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s &' 'nate,constitute and appoint J.W.JOHNSON,of Fullerton,California, its true and lawful -in- o make,execute,seal and deliver, for,and on its behalf as surety,and as its act and 3 ngs,and the execution of such bonds or undertakings in pursuFir p M.'s on said Company,as fully and amply,to all intents and purposes,as if t xec L ged by the regularly elected officers of the Company at its office in Bal ' r6 �r This power of attorney revokes that issued on behalf of J.W.Jobr" , r The said Assistant hat 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 WI 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 19th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DUO,,/ i O = J �q1,r a By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland ss: City of Baltimore On this 19th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January I,2004 POA-F 012-4152 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4TH day of OCTOBER 2004 v 1� Assistant Secretary � ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorists Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act) under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Comgany's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc 10/04/2004 03:00 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT. CC 1257 October 4,2004 Notice To All Bidders; Please note the following revision to the Project Plans,Specifications,and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16&17) Fixed Cost for Rem 016(Landscaping) No Fixed Cost for Rem 917(Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one,dated October 4,2004. ATLAS-ALLIED, INC. Company Name BY Eva Siciliani, Secretary / Treasurer October 11, 2004 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Douglas A. Erdman at(714)374-1736. ATLAS-ALLIED, INC. 1210 N. Las Brisas Anaheim, California 92806 T.y i V`l 11., w;1. i CITY OF HUNTINGTON BEACH City Clerk f Second Floor, City Hall _ Y 2000 Main Street ! Huntington Beach, CA SEAL E D_ -B I D PROPOSAL FOR: Central Park And Warner & Nichols Storm Water Treatment Project ___ _ 01n nArC- 1412Me Pin-TIME- Tnn nm SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 1@/04/2004 03:00 7143741573 CHB ENG PAGE 03/05 PROJECT BID SCHEDULE erii; at>!�rtt� t;eNtit;ilc t ::pn, ::: 4r: ii:$'' ��;�'i'M>rr 1 1 MOBITIZATiON L.S. @ r&y y Thou-ywp Dollars $ y o o°O'00 $ 4 o ow-00 N oo Cats Per L.S. 2 1 Ci.EARING/GRUB$ING L.S. Q X l✓E 7dod$gN,p Dollars $ C5 pw.O $ Ny Cents Per L.S. 3 1 TRAFFIC CONTROL L.S. @ SeAerJT`hovMmyRye 14oho eD Dollar:, $ '7 Soo.oo $ 1500.0 N D Ccnts Per L.S. 4 1 DEWATERINO L.S. Q Si X-ty THOUSAND Dollars $60000. &0 $ (400,000 I R r� No ceNt5 c Per L.S. 5 1 SHORING&BRACING L.S. @ ONr- NUN D D&Rt yj3v6'(h0V$AAJD Dollars $1 5 00o.0 $ 14�5#•� N 0 Cents Per L_S. 6 2 Purchase&Assemble CDS MODEL PSW70_70(I -L& I-R) EA. @ 0Ne WNDWOFl UA4eeNT MIGON0`Dollars $ 114 690• $ 22A, 4 O Cents Per EA. 7 2 Purchase&Assemble CDS MODF..L PSW50_50 (1 -L& I-R) EA. ( Sevetjty ONe1'hoy5A NO Dollars $ 7l .oo fl 000 Ccnts Per EA. 8 3 Construct Cast in PI®ec Diversion Wier Box Structure EA. Q 7kiqm+L4 d i ki dl T hOV SAN p Dollars $ 1.000•00 $ $�. 4 WID Cents Per EA. 9 I Remodel Existing Manholc/Construct Diversion Weir EA. @ OUR TkovSAN p Dollars $ a00.00 $ 4�.00 N° Cents Per EA. 10 7 Jnstall Manhole,Framc&Covcr,Pressure type EA. ThitzmeN NuapRPD _Dollars $ 1300.60 $ 91�.00 J N° Cents Per EA. C-1 s 16/04/2004 03:00 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE te1 Attitc tejan Ott :> >tt;:ptibi':::; f ;:;iuvi�iit .vinis:::`.:�:.::�:;:'::'::':�::::�::::::::::•�::::::::::::.:::� s�:�:�i���:::;�;�;��� +z>x 11 2 Install Manhole.Frame&Cover,Grate type: EA. @ le ve N W u N dxe P q F+1 Dollars $ 1 O.Oc) $ I EjQO,DO 0 , Cents Per EA. 12 950 Roadway pavement Repair,Section per plan S.F. @ FOUL Dollars $ H.Zy $ y oze.o —jWF—Mty Foyp-. Cent- Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan S.F. @a rF ve— Dollars $ J' •Da $ 31 SO.ao No Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) L.F. @ Owe KuNDActp Dollars $ t17O.0m $ ro5W00 N© Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain EA, @ Seve wl HuNnAeo F►I Dollars $ ,%-no $ 3000.Oo t. N O Cents Per EA. Repair/ReplaeeT andscaping/Irrigaticm including Sod(species to be 16 1 determined) L.S. Ca Fifteen Thoasand Dollars 15 000.00 $15,000.00 No Cents Per L.S. Remove Ex 18"Dia'lree&supply 2-24"box replacements(si2c 17 1 &species to be determined) EA. @ `7we"-t five 11U lA 0 Dollars $ 2$00.00 $ ?-5x.oc N e, Cents Per EA. 1$ I Clean Existing JS&install self leveling Epoxy EA. @ T4Wkt ee T l VO U SAN D Dollars $ 3;m. 00 $ART.00 4 N'O Cents Per Eq. 19 16 Install Cone.Pipe Encasement at pipe junctions• EA. @ BW49 'h wSAND Dollars $ 1-.0toh.00 $ ( '000•oo I N y Cents Per EA. 20 4 Construct Junction Structure(Type C)per City Std. EA. @ FCfOA, TV10USAND Dollars $ 4,000.00 $ 16JOm.00 No Cents Per EA. C-2s 10/04/.2004 03:00 7143741573 CHB ENG PAGE 05/05 PROJECT BID SCHEDULE :. .: .'•'�'at'�keA��i:a 21 1 MAW CLEANSCREEN debris catch basin gatc F.A. @ Five- 1n'1owsAm i) _Dollars $ aoo,00 $ 1; 000.00 No Cents Per EA. _ 22 28 Install 24"RCP L.F. @a)_ I Wo 14VNlDQ$A Dollars $ 2OD'p0 $ 56 .00 1 No ""+S Cents Per L.F. y 23 12 install Prccast 2'x3'RCB L.F. (a3 S ix+!i FbU2 }IyN0IZW Dollars $ (0400•06 $ if ,g�- N C Cents Per L.F. 24 Dollars $ $ Ccnts Per 25 ad Dollars $_ $ Cents Per Total Amount Bid in Figures: $ '7(o Z7 . D0 ...Total Amount$id in words.. rgI,T 1,IuNpl�p ........... SLve Six ThOuSONP Two 14mostep SeveN'r E:i hr Poll4pZ No-ceMS C-3s Jf awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Bidder's Accompanying this proposal of bid, find Bond in the amount of$ 10% 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 1 10/4/04 cuir". R Eva Sicilians Secretary / Treasurer C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Hydroquip Pump & Dewatering Corp 376551 Dewateri g 9355 Steward & Gray Road, Downey, Ca 9 241 D 09 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Eva Siciliani , being first duly sworn, deposes and says that he or she is Secretary / Treasurer Of ATLAS-ALLIED, INC. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fiu-ther, 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. ATLAS-ALLIED, INC. Name of Bidder Signature of Bidder Eva Siciliani Secretary / Treasurer 1210 N. Las Brisas, Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 1lthday of October , 2004 N4.E R.SENSABAUGH Coma.M 1481619 D NOTARY PUBLIC-CAL FORNIA Q ORANGE COUNTYMY j NOTARY PUBLIC •" COMM.mow.APRIL si 2006 Nile R. Sensabaugh 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 Central Park And Warner & Nichols Storm Water Treatment Project, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ATLAS-ALLIED, INC. Contractor By Eva Siciliani Secretary / Treasurer Title Date: October 11, 2004 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes X3 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 that 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. ATLAS-ALLIED, INC. Contractor By Eva Siciliani Secretary / Treasurer Title Date: October 11, 2004 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: Will obtain number if awarded this project. ATLAS-ALLIED, INC. Contractor - By Eva Siciliani Title Secretary / Treasurer Date: October 11, 2004 Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ATLAS-ALLIED, INC. Bidder Name 1210 N. Las Brisas Business Address Anaheim, CA 92806 City, State Zip ( 714) 630-3633 Telephone Number #437235 A,B,C34,C36,C42. State Contractor's License No. and Class 8/31/82 Original Date Issued 4/30/05 Expiration Date George L. The work site was inspected by Siciliani of our office on October 11 20 04 The following are persons, firms, and corporations having a principal interest in this proposal: .; ATLAS-ALLIED, INC. George L. Siciliani, President Eva Siciliani, Secretary / Treasurer 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. ATLAS-ALLIED, INC. Company Name Signature of Bidder Eva Siciliani, Secretary / Treasurer Printed or Typed Signature Subscribed and sworn to before me this 11 day of October ,2004 . ** SEE ATTACHED ACKNOWLEDGMENT ** NOTARY PUBLIC Nile R. Sensabaugh 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: t I. ** SEE ATTACHED REFERENCE SHEET ** Name and Address of Public Agency 3 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: i Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ------------------ State of California County of Orange On October 11, 2004 before me, Nile R. Sensabaugh - Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Eva Siciliani - Secretary/Treasurer NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person f y whose name,(Q is/fib/ subscribed to the within instrument and ac- knowledged to me that HaVshel hot executed the same in ,I` b/her/MbAf authorized capacityQ(Yd), and that by hId/her/t4i0i'r/ signatureM on the instrument the person(,), or the entity upon behalf of which the person4sy acted, executed the instrument. NILE R.SENSABAUGH Comm.0 1481619 D NOTARY PUBLIC-CALIFORNIA W Q ORANGE COUNTY a My cony,,.Exams APRs a.2ooe WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER Bidder's Information / Bid Secretary / Treasurer TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: October 11, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) N.A. Atlas-Allied, Inc. SIGNER(S)OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ATLAS-ALUED, INC. Pipeline General PON SMCE tsb9 P gin—ing REFERENCE SHEET FEBRUARY 2003 JULY 2003 Chuck Conyers Construction, Inc. California Dept. of Parks & Recreation 1662 W. Fairview Drive 8885 Rio San Diego Dr., Suite 270 Corona, CA 92880 San Diego, CA 92108 Chuck Conyers (909) 734-1736 Harry Miller (619) 220-5357 Raceway Nissan -Sewer, Water, Storm Drain & 600 Ft. Sewer Line Construction @ Dry Utilities Crystal Cove State Park $ 496,020.00 $ 280,000.00 MARCH 2O03 SEPTEMBER 2003 Orange County Water District Long Beach Unified School District 10500 Ellis Avenue 2201 E. Market Street Fountain Valley, CA 92708 Long Beach, CA 90805 William Chen, P.E. (714) 378-3336 David Sortie 562 997-7512 Relocate Electrical, Installed Water Valve, Gas piping system @ Hill Middle School Concrete & Fence $108,947.66 $ 104,187.49 MAY 2003 - 2004 DECEMBER 2003 City of Alhambra Chuck Conyers Construction 111 S. First Street 1662 W. Fairview Drive Alhambra, CA 91801-3704 Corona, 92880 Phil Nichols (626) 570-5067 Chuck Conyers (909) 734-1736 Install aprox. 1,000 -2,000 Water Meters Raceway Ford - Sewer& Water 2003 -2004 $ 58,917.18 YTI) 12/31/03 $40,314.16 JULY 2003 Norwalk- La Mirada Unified School District 12820 Pioneer Blvd. Norwalk, CA 90650-2894 Vince Marchetti (562) 868-0431 Ext. 2187 Relocatables @ Glazier Elementary & John Glen High $ 258,703.52 ATLAS-ALLIED,11VC. ConerW Piprg 8ftcm 1W REFERENCE SHEET MAY 2002 AUGUST 2002 State of CA- Dept. of Parks & Recreation Valley Center Municipal Water District 3030 Avenida del Prsident 29300 Valley Center Road San Clemente, CA 92672 Valley Center, CA 92082 Donna Renner (949)492-0802 Nick Diele (760) 749-1603 Ext. 270 New Electrical/Sewer/Water Systems Valley Center# 8 Chlorination Facility $793,661.00 $157,675.00 JUNE 2002 OCTOBER 2002 City of Manhattan Beach, Public Works Dept. Orange County Sanitary District 1400 Highland Avenue 10844 Ellis Avenue Manhattan Beach, CA 90266 Fountain Valley, CA 92728 Dana Greenwood (310) 802-5352 Bill Heath (714) 593-7346 Storm Drain Modifications Gas Line Replacement $319,660.00 $195,000.00 JUNE 2002 NOVEMBER 2002 City of Norwalk Pomona Unified School District 12700 Norwalk Blvd. 800 South Garey Avenue Norwalk, CA 90651 Pomona, CA 91766 Noel Ford (562) 929-5599 Isela Lovato (909) 397-4800 Ext. 3744 Water Valve Replacements Install Fire Hydrants-Various Locations $119,550.00 $109,000.00 AUGUST 2002 1995 -2002 El Monte School District City Of Fullerton -Water Department 11333 Valley Blvd. 303 West Commonwealth Avenue El Monte, CA 91731 Fullerton, CA 92832-1775 David Sandell (626) 852-4784 Eric Nunez (714) 738-6871 Install Fire Hydrants Various Projects $159,880.00 $10,000.00 - $200,000.00 ATLAS-ALLIED, INC. Pi r e General Snvice 1 69 EngineerK�g REFERENCE SHEET JANUARY 2001 MAY 2001 County Of Orange Coast Community College District Housing Authority 1370 Adams Ave. 1770 N. Broadway Costa Mesa, CA 92626 Santa Ana, CA 92706 Ardith Ritchey (714)438-4673 Virgil Gonzales (714)480-2734 KOCE Site Retrofit $30,551.60 $24,680.00 MARCH 2O01 AUGUST 2001 City of Rialto University of Riverside 150 S. Palm Ave. 3615A Canyon Crest Drive Rialto, CA 92376 Riverside, CA 92507 Richard Scanlan (909) 920-2622 Goss Engineering Installation of Grease Trap & Lucas B Hyman P.E. (909) 340-1977 Appurtenances @ Rialto Airport Campus Chilled Water Expansion $12,788.00 $1,000,741.00 MAY 2001 City of San Clemente 910 Calle Negocio St., Suite 100 San Clemente, CA 92673 Dave Rebensdorf (949) 361-6130 Vaquero Waterline Replacement $107,170.00 ATLAS-ALLIED, INC. Pipeline General sMce 1969 9 REFERENCE SHEET APRIL 2000 JULY 2000 City of Fullerton City Of Anaheim 303 W. Commonwealth Ave. P.O. Box 322 Fullerton, CA 92832 Anaheim, CA 92803 Eric Nunez (714) 738-6845 Dale Maclntosch (714) 765-7156 Large Meter Upgrades Orange Ave 16" & 6" Main Relocation $18,564.00 $35,948.00 MAY 2000 J U LY 2000 Three Arch Bay District County Of Los Angeles 5 Bay Drive Dept. Of Public Works Laguna Beach, CA 92651 900 S. Fremont Ave. Greg Cohen (949) 499-4567 Alhambra, CA 91803 Callectia Storm Drain Improvements Paul Keizer (626) 458-3122 $50,736.00 Ocean Outlet Modifications Project No. 507, 513 & 7401 $406,773.99 JUNE 2000 AUGUST 2000 County of Orange State Of California Dept. Of Public Works Dept. Park& Recreation 900 S. Freemont Ave. 3030 Avenida del Presidents Alhambra, CA 91803 San Clemente, CA 92672 Linda Tacconelli (626)458-3147 Donna Renner (949)492-0802 Alamitos Bay Pump Station Rehabilitate Water and Sewer System @ $88,274.00 San Clemente State Park $809,022.57 A" ATL AS-ALLIED,INC. ' • P'P'"g snvice i� Engineering REFERENCE SHEET JUNE 1999 SEPTEMBER 1999 Barstow College City of Fullerton The Addition Partnership 303 W. Commonwealth Ave Bob Varner(661) 327-1690 Fullerton, CA 92832 Fire Loop System Eric Nunez (714) 738-6845 $230,000.00 Storm Drain Improvements $26,025.00 JULY 1999 SEPTEMBER 1999 El Camino College Mt. San Antonio College 16007 Crenshaw Blvd 1100 N. Grand Ave Torrance, CA 90506 Walnut, CA 91789 Bob Gann (310) 660-3693 John Beckton (909) 594-5611 Water Distribution System C/O Bovis Construction Corp. $166,940.00 Water Main Replacement at Farm Area $187,565.00 JULY 1999 OCTOBER 1999 Long Beach Transit District Coast Community College District Steve Watt (562) 591-8753 1370 Adams Ave 1963 E. Anaheim Street Costa Mesa, CA 92626 Long Beach, CA 90801-0731 Terry Craig (714) 432-5990 Project No. LBT 99003 Water Valve Replacement Storm Water/Wastewater Treatment $98,624.00 $260,000.00 SEPTEMBER 1999 DECEMBER 1999 Rialto Unified School District City of Seal Beach 182 E. Walnut Avenue 211 8th Street, 2nd Floor Rialto, CA 92376 Seal Beach, CA 90740-6379 John Boatman (909) 684-4664 Gary Tomasetti (562) 799-4492 C/O Ruhmau Ruhmau Associates C/O CRSS Constructors New Fire Hydrant @ Eisenhower H S Pier Water Line Improvements $13,774.00 $61,091.94 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director,officer, or manager(initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or X Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: ATLAS-ALLIED, INC. Contact Person: George L. Siciliani Contact Phone: 714 630-3633 ' w Signed: Eva Siciliani, Secretary Treasurer Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 To: it1 C' CtZ�fhJl/i y -CZ�Ja 4-PoA) Ave 1-0 A)(, / F,doh Enclosed please find your original bid bond issued by 7,02/C19.-) 4T77r4r for (2 0— Joan L. Flynn 4") City Clerk JF:pe Enclosure g:/follo«up/cashcont/retumbidbond.doc (Telephone:714-536-5227) Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Central Park and Warner&Nichols Storm Water Treatment Project (1257) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this Ist day of October 2004 PALP Inc. dba Excel Paving Company Witness Principal (Seal) (� By: vG , G.P. BROWN,PRESIDENT Name/Title Federal Insurance Company Surety (Seal) Witness - - By: U Do glas A. Rapp Attorney-in-Fact ORSC 21328(5/97) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On OCT 0 1 2W4 before me, A.P. Coats, Notary Public NAME,TITLE OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGNERM ® Personally known to me - or- Proved to me on the basis of satisfactory evidence to be the ❑ person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) rFA.o.._. A.P.COATS acted, executed the instrument. I Gomm...1498145 n U NOTARYK&IC-CAUFORNIA-i UNTY My Term Exp.JOGE uly Y 2 2101 w WITNESS my hand and official seal. (SIGNATURE OFNOTARI) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUALJOWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LmTED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) Q GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTY(IES) Chubb POWER Federal Insurance Company Alin: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know Ali by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGIfANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constdute and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California---------- ------------------------ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and delver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bag bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 2 nd day of January, 2004 Kenneth Wendel,Assistant Secretary I?Robertson, nt STATE OF NEW JERSEY ss. County of Somerset on tits 2 2ndky of January, 2004 .betoie me,a Notary Pdaft of New Jersey,personally came Kenneth c.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC IVDEMN W COMPANY,the companies which execcded the foregoing Power of Attorney,and the said Kenneth C.Wendel being by me dulyswmn,dd depose and say hat he IsAss(starrt Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows to corporate seals(hereof,that the seals altixed to the foregoing Power olAftomsy are such corporate seals and were thereto a/txedbyaulhodty cane By,-taws of said Compantes;and thathe signed said Power cf Attomey asAssisfarnt Secretary of saki Carrrpardes by Ike auUnorky;and that he is acquainted with Frank E.Robertson.and(mows him to be Vice Preskdent of said Cornpanier,and that the signature of Frank E.Robertson, subscribed to said Parer d Afton"is In the genuine handwriting of Frank E.Robertson,and was(hereto subscribed by authority of said By-Laws and in deponenra presence. Notarial Seal Karen r A.Pke R,c IWM Pubk State di New Jersey �d. .��� No. 01647 Not"Public ��Q c;v:..•1.:iai:..... .7 t.LA �Nn Extra of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "Ali attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President.jointly with the Secretary or an Assistanit Secretary,under their respedire designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,President,any Vice PreskkA arty Assistant Vice President,arry Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shag be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shag be valid and binding upon the Company with respell to any bond or undertaking to which it is attached' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies))do hereby certify that . (I) the foregoing extend of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigitant are licensed in Puerto Rico and the U. S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (W—) the foregoing Power of Attorney is true,correct and In full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 1st day of October 2004 � l L J a .vo _ * }� ��� �ro,AN*'� * 'his"tiro iaFw,roa'�'* z -� Kenneth C.Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone(908)903-3485 Fax (908)903-3656 e-mail: surety 0chubb.com Form 15-10-0226(Ed.499)CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Ln-, Angeles •I .•I On OCT I ,'. :'a. before me, C; Phillips. Notary Public Date Name and Title of Officer(e.p.,"Jane Ooe,Notary Public") I personally appeared PALP DBA EXCEL PAVING CO. By C.P.Brown, President Name(s)of Si"r(s) I fJ personalty known to me C.PNII;O 1 S� O proved to me on the basis of satisfactory d• •• Cammisslon.# ag2�24 evidence ) i�'-'° s Notary Public-eleCalifornla Los Angs County N ..... ry ro Eelexpres may Jf, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ) capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m d official seal. Place Notary Seal Above Siena 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: i Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual Top of thumb here O Corporate Officer—Title(s): O Partner—O Limited ❑General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: 0 1999 National Notary Association•9350 Oe Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natiooalnotary.org Prod.No.5907 Reorder:Call Toll.Pree 1.600-076.6627 PALP, INC. SKEL PAVING COMPANY 2230 LEMU, NUE LONG BEACH, CA 90806 CA 23 Cot &A� 6VAlD5Si3- D6 (.4a Let, U*oA �av Is -- wrv\ zoo CCU 12�5�1 % zp, 10/04/2004 02: 54 7143741573 CHB ENG PAGE 01/05 FAX COVER SHEET ' J CITY OF HUNTING'I'ON BEACH Public Works Department 2000 Main Street P.O.Box 190 Huntington Beach, CA 92648 FAX(714)374-1573 AQ- TO: DATE:October 4,2004 COMPANY: Excel Paving Co. FAX NO: (562)591-7485 NUMBER OF PAGES INCLUDTNG COVER SHEET:5 FROM: Doug Erdman,Associate Civil Engineer PROJECT NAME-CENTRAL PARK AND WARNER&NICHOLS STORM WATER TREATMENT PROJECT PROJECT NUMBER:CC 1257 PLEASE NOTIFY ME TMMEDIATELY AT(714)536-5259 IF ALL PAGES ARE NOT RECETVT3D PROPERLY. ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 CONTACT PERSON: Doug Erdman,Associate Civil Engineer/Project Manager,(714)374-1735 1257addedntu-n fax 10/04/2004 02:54 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004. Notice To All Bidders: Please note the following revision to the Project Plans, Specifications,and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16&17) Fixed Cost for item#16(Landscaping) No Fixed Cost for Item 917(Tree Removal and Replacement) This modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one,dated October 4,2004. PALP, ING. bbA EXCEL PAVING COMPANY ��- Company Name By CA BROWN,PRESIDENT OCT 12 mi Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A, Erdman at(714)374-1735. SECTION C 1 PROPOSAL ' for the CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT rCASH CONTRACT No. 1257 in the ' CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: ' In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of ' the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is ' accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of ' the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set ' forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily ' completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 r 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 g powt &-&o in the amount of$ *M PERCENT OMMUNT BID" r 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). 1 rBidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature l0 Lk Q4 - Cod', 3F OWN,PRESIDJEN`i., r r r r r r r r r r r C_Z 10/04/2004 02:54 7143741573 CHB ENG PAGE 133/05 PROJECT BID SCHEDULE �toritt itrrn�at' t ::W t ';taDtrt;:p> ��:'::<; tl ' e .;•. :.�..:; . �ia :£ti lAlltQlt 1l I MOBILIZATION L.S. -TVrm lhtlars $ $32dG0 450 t/1 Cents Per L.S. 2 1 CLEARING/GRUBBING L.S. (d, 7nrbt4%,33 SA1-rJO —Dollars $ $ 1 _ co 1,a9'"' Centq Per L.S. 3 1 TRAFFIC CONTROL. L.S. ��t�h¢ Ctt�lns,�ao pvt_l K"T-)onm � Cents Per L.S. 4 1 DEWATERINCi 11 pp � - L.S. C A.l au C{A. �hk10�Dollars $ 0%k� $If% IDCR4 Wbez Cents Aer I.S. 5 1 SHORING&BRACING L.S. (ate-ftl J iLJAI CA Si� Ej� Dollars $�J $46= CIO/too _Cents Pcr L.S. 6 2 Purchase&Assemble CDS MODEL PSW70, 70(1 -I.& 1-R) EA. @ N\t RU t1 D CA 5 610 Tl'tVk-C Dollars $ lD- $ Ikpow, Ccnts Per EA. 7 2 Purchase&Assemble CDS MODEL PSW50_50 (1 -L& 1-R) EA. n �Q,VGt� t0M1S Ccnts Per EA. 8 3 Construct.Cast in Place Diversion Wier Box Structure (� ��, EA. (Re Erolck '(l�(����1►.IReollllm $�_ S. 1�. ca r Cents Per EA. 9 1 Remodel Existing Manhole/Construct Diversion Weir EA, ® Si �L A&SLM Dollars $ 40/.GD Ccnts Per EA. 10 7 Install Manholc,Frame&Covcr,Pressure type EA. @ l WD Abuskfab we Dollars $I) $ ► -A --cent s, Per EA. C-ts 10/04/2004 02:54 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE �tp loot in;:' t ;apt t::p; ::::.:;:::.;;;.,. x 'la 'it 11 2 Install Manhole,Frame do Cover,Grate type EA. @ p[lin 2ka f,�t�}AdXJ Dollars $ 21CQ i $ _ 144co —Cents-4 Per EA,�,r...�. 12 950 Roadway Pavement Rcpair.Section per plan S.F. @ Dollars $ _ $ b(PSG Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan S.F. @ VeA IDollars $ 1 $ 15M. CO/po Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocal.e per plan 14 65 (Bid item includes all appurtenances) L.F. @ ML %)"rtp M iN.'t+-t Dollars $ VOW $ 12350 Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain EA. @ 6tVC.4-% $ 1�Q ' $ th i Cents Per PA. Repair/ReplaccLandccaping/Irrigation including Sod(species to be 16 1 determined) L.S. @ Fiticgrt Thousand Dollars $15.000.20_ $1 OQ 0.0 No ._ __ Cents Per L.S. Remove Ex IS"Via free&supply 2.24"box replacements(size 7 1 &species to be determined) EA. @_—MW! '(-*60J**,Z — Dollars $ SOM 6-01,yn Cents Per EA. 18 I Clean Existing JS&install self leveling Epoxy EA. cr, �'&Q0 g&L VtWdrz-t4 Dollars $ $ og/f!D Cents Per EA. 19 6 Install Cone.Pipe Encasement at pipe junctions EA. (d_ __Vi Dollars $. $ _J (Zlba� Cents Per EA, 20 4 Construct Junction Structure(Type C)per City Std. EA.. no,,mg : am Gl6 wf Mwt-h Dollar` $ Centa Per EA. C-2s 10/04/2004 02:54 7143741573 CHB ENG PAGE 05/05 PROJECT BID SCHEDULE teat > e ?.. ':, a► 21 1 Install CLEANSMEEN debris c*cc"h,bwi_r gate EA. whop Cents Per EA. 22 28 Install 24"RCP L.F. @ --fnLY ftk—W(A Dollars $ 401). $ . cq ilal Ccnts Per L.F. 23 12 install Precast 2'.,c3'RCR L.F. @_u AAM'CWO C\U��11++Q1 G(A Dollars $ Ccntc Per L.F. 24 Dollars $ $ _Cents Per 25 @ Dollars $ $ Cents Per Total Amount.Bid in Fi es: $ � ............. Amount Bid in Words: roc h,r�A�sb...r.� ..�a� Cis r LIST OF SUBCONTRACTORS rIn accordance with Government Code Section 4104 the Bidder shall set forth the name and r 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. r Portion Name and Address of Subcontractor State License Class of Work Number L&r kcfc,, Phwr-,,,p t aMdSc c ,r".c s p r if r r 1 r r r r r r By submission of this proposal,the Bidder certifies: r1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. r2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. r r C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C.P. BROWN , beinoA ijstjkk I Mvorn, deposes and says that he or she is PRESIDENT of FxfFi PAVING COMPANY the party making the _. foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PALP. INC.CEIA EXCEL PAVING COMPANY Name of Bidder Signature of Bidder C.P. BROWN,PRESIDENT 2230 LEMON AVENUE Address o i8 er ^. Subscribed and sworn to before me this day of OCT ",400� $MATIACNEO NOTARY PUBLIC NOTARY SEAL C-a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l ss. County Of Log Angeles i On OCT 1 9 nnn before me, C_ Phillips, Notary Public l D , — Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared PALP DBA EXCEL PAVING CO. By C.P.Brown, President Name(s)of Signer(s) I 1U personally known to me C.PHILLIPS proved to me on the basis of satisfactory 1 Commission.#1492824 evidence Notary Public-California M Los Angeles County to be the person(s) whose name(s) is/are ` •o My Comm.Expires May 31,2008 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ) capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES d and official seal. Place Notary Seal Above nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association-9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-87"827 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 Central Park And Warner & Nichols Storm Water Treatment Project, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PALP, INC. DBA ontractor 4APP, DA4111's eempAw c �. By C.P.BROWN,PRESIDENT Title Date: OCT I Lo4 C-5 r DISQUALIFICATION QUESTIONNAIRE 1 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty ' of perjury,the following questionnaire. rQUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ��// 0 Yes ldNo rIf the answer is yes, explain the circumstances in the space provided. 1 r r r r r r r r r 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 that require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP. INC.DBA EXCEL PAVING COMPANY Contractor By C.P.BROWN,PRESIDENT Title Date: OCT 12 2004 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be cmnpieted only by the awarded Contractor prior to excavatioli) 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: Bidder Name , i �;EA EXCE1 PAVING COMPARy 2230 LEMON AVENUE ,,ONO REACH, CA 90 P,, Business Address City, State Zip ( )(�U� 599-5W Telephone Number STATE UC,666650 OAO State Contractor's License No. and Class lb-1\-Ck� Original Date Issued (�-3\-Okn Expiration Date The work site was inspected by V\IL kti -tom of our office on �011;ICJ , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: CUA 1IS P.BROWN,PREsiow&tNiEf OPUAPH OM CAROM I ,SECRETARY&CHIEF FINANCIAL OFFICER GEORGE R.McRAE,SENIOR VICE PRESIDENT BROWN III,via PRESIDENT RRUCE E R TT.VICE PRESIDENT MICHELE E.DRAKUL)CH,ASSISTANT SWAP 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. MLP. 16IC. DBA FXCEL PAViNC C®MPAMY Company Name Signature of Biddergop.BROWN,FRESIDEK Printed or Typed Signature Subscribed and sworn to before me this_day of OCT 12 200 , 200_ . NOTARY PUBLIC 5F'F.ATTAGN 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. Sff ATTAGft Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed �- 2 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Las Angeles I I I' I I' I On OCT 1 9 9nn/f before me, C„ Phillips, Notary Public Date Name and Title of Officer(e.g,"Jane Doe,Notary Public") I personally appeared PALP DBA EXCEL PAVING CO. By C.P.Brown, President I• Name(s)of Signer(s) �.. KI personally known to me C.PNiLLIPs ❑ proved to me on the basis of satisfactory N Commission.#1492824 Notary Public-California X evidence ) Los Angeles County ^' I `•� My Comm.Expires May 31,2008 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed ; the same in his/her/their authorized ) capacity(ies), and that by his/her/their ) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E ' WITNESS an nd official seal. Place Notary Seal Above Sig at re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb Here El 'Corporate Officer—Title(s): j ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator j ❑ Other: Signer Is Representing: 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-8766827 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder,under penalty of perjury, certifies that except as noted below, any person associated ( ; therewith in the capacity of owner, partner, director, officer, or manager(initial the applicable selections): . Will ensure that 10% of all new hires as a result -of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. PALP.INC.DBA Contractor: EXCEL PAVING COMPANY Contact Person: 9X11L Contact Phone: (50599-5941 Signed: �=� .�1 / C.P.BROWN,PRESIDENT Date: n f j 1 Anna *Note: The above certification is required by the Department of Housing and Urban .4 Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. i . C-11 EXCEL PAVING COMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 C. P. Brown, President: 33 years experience working for other general contractors with the past 22 years being self- employed in own general engineering contracting business. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown ill Vice President Bruce E. Flatt Vice President & Assistant Secretary Michele E. Drakulich Assistant Secretary ITI WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 r AROLYN . OP1101, ecretary . .EXCEL PAVING COMPANY P.O. BOX 1640! A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-519 STATE LICENSE NO. 688659A (562) 599-584 FAX (562) 591.7 48 CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone: 562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License# 688659A Fed I.D.#95-3672914 Excel Paving Company is a Corporation Owner: Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC#1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account#1534-9195 8689 TRADE REFERENCES: Comaanv Phone Fax Contact Vulcan Materials 323-258-2777 323-254-6102 Silvia Arredondo R.E.H. Trucking 909-591-0871 909-591-0506 Gina Mendiola Blue Diamond Materials 714-578-9507 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-552-8597 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. r C.P. Brown Date President EXCEL PAVING COMPANY P.O. BOX'1641 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-511 STATE LICENSE NO. 688659A (562) 599-589 FAX (562) 591-741 Reference List As of May. 2000 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 2. Burbank-Glendale-Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 Or (818) 840-8840 3. Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 .EXCEL PAVING COMPANY P.O. BOX 1640E i A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806.519E STATE LICENSE NO. 688659A (562) 599-584] FAX (562) 591-74SE Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Contact: Douglas A. Rapp Office: (714) 457-1060 Fax: (949) 457-1070 Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23`d Floor Los Angeles CA 90017 OR P,O, Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (714) 553-9800 Fax: (714) 553-0670 I EXCEL PAVING COMPANY EST.FINAL % JOB OPEN JOBS, 2nd. Quarter of 2004 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. 3704 TAXIWAY D L.B. AIRPORT 3,711,120 99.9% : 4,146 3714 PIER T, PORT OF LB 14,292,378 100.0% 3716 710 FWY PCH TO 405 20,012,148 100.0% : 127 3723 INDIANA &WASHINGTON, VERNON 311,000 90.7% : 28,975 3747 WEST&EAST ALAMEDA 7,215,816 100.0% 3807 OVERLAND AVE LOS ANGELES 2,100,951 100.0% 3833 GRAND CANAL CRT LOS ANGELES 690,359 100.0% 3834 GATES 3 &4 L.B. AIRPORT 434,826 100.0% 3835 SECURITY GATES L.B. AIRPORT 350,251 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 722,540 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 191,975 99.1% : 1,805 3875 ORANGE AVE., LONG BEACH 1,027,298 100.0% : 3876 PARTHENIA, LA 1,068,233 100.0% 3880 BERTH 212- 225 POLA 5,249,813 100.0% 3881 BROADWAY LA 2,353,009 100.0% : 3895 PIER S PORT OF LONG BEACI: 11,152,520 100.0% : 5,128 3904 ST. JOHNS HLTH CTR SANTA MONICA 307,699 100.0% 3906 ROUND MEADOW RD HIDDEN HILLS 488,500 100.0% 3909 AMGEN CTR THOUSAND OAKS 919,974 99.2% : 7,360 3915 OVERLAND ES LOS ANGELES 415,238 100.0% 3922 BELLAGIO & NEWCOMER CENTER LA 1,380,044 100.0% 3923 OLYMPIC BLVD., BEVERLY HILLS 1,093,191 100.0% 3931 PCH &ADMIRALTY, SUNSET BEACH 161,473 98.6% : 2,288 3934 ROSCOMARE RD, E.S., BELL 523,685 96.5% : 18,229 3941 SOUTH STREET, LONG BEACH 330,350 100.0% 3947 TUSTIN AVE., ANAHEIM 4,010,000 87.7% : 494,462 3950 PV. DR/SCHOONER, RANCHO PALOS VERC: 27,036 100.0% 3952 DOWNEY HOSP., DOWNEY 22,784 36.0% : 14,593 3953 PLAYA DEL REY ES, LAUSD 477,833 100.0% 3959 SANTA MONICA BLVD., LOS ANGELES 35,480,000 36.8% : 22,429,833 3961 YACHT HARBOR, 175,000 90.3% : 16,968 3969 BERTH 2O6-209 SITE, PORT OF LA 3,466,947 100.0% 3973 LOS ROBLES VIED CNTR, THOUS OAKS 355,736 100.0% 3976 EXCESLIOR DR. REHAB, NORWALK 360,283 100.0% 3977 ROSECRANS, NORWALK 213,811 100.0% 3978 WARD LOW/CLAR/BE LLF, LONG BEACH 752,621 96.1% : 29,069 3979 WARDLOW/PV/STU D E BAKER, LONG BEACH 866,151 100.0% 3989 PCH/ADMIRLTY SUNSET BCH 45,000 75.9% : 10,854 3990 OCEAN BLVD LONG BEACH 1,321,929 100.0% 3992 NEWPORT BLVD/VICTORIA 276,069 100.0% 3995 ALICIA PKWY/PASEO DE ALICIA 239,506 94.6% : 12,881 4002 170TH ST, ARTESIA 82,489 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,118,606 100.0% I EXCEL PAVING COMPANY EST.FINAL % JOB OPEN JOBS, 2nd. Quarter of 2004 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. 4005 CATALINA LANDIND LB 1,402,514 99.5% : 6,702 4012 CAMELLA ES N. HOLLYWOOD 153,074 100.0% 4013 FILBERT AVE SYLMAR 28,192 100.0% 4016 STEVENSON/JOHNSON 406,156 100.0% 4017 POLA BERTH 210-211 1,069,540 99.0% : 10,478 4018 MT SAC 1,356,922 100.0% : 506 4024 UCLA KINROSS 2,075,000 73.7% : 546,570 4025 SANTA MONICA ES 8,880 100.0% 4026 GAGE &COMPTON 439,852 100.0% 4028 CALIF/BURNETT SIGNAL HILL 99,284 82.9% : 16,952 4030 CAMINO LAS RAMBLAS 227,391 0.7% : 225,706 4033 LB AIRPORT VARIOUS 74,730 100.0% 4035 MAINT ST&MACARTHUR 485,148 94.6% : 26,301 4039 NO VLY OCC CENTER 449,762 100.0% 4041 HARVARD AVE. IRVINE 1,117,033 99.9% : 583 4042 TUDOR WESTWOOD PLAZA 752,500 0.6% : 748,245 4043 LAS BRISAS 70,545 100.0% 4045 5 FRWY, OR. CO 148,290 8.3% : 135,969 4047 DAPPLEGRAY/STRAWBRY R.H.E. 392,350 100.0% 4048 4100 RPV SO RPV 399,060 94.8% : 20,889 4050 CRENSHAW BLVD LACPW 1,353,023 57.8% : 571,612 4057 PALO VERDE HSG UCI 613,000 87.4% : 76,973 4059 MARK TWAIN MS. LA 675,900 95.9% : 27,665 4060 MT SAC ATH FLDS WALNUT 1,333,196 82.9% : 227,527 4061 PANKOW BLDRS M.B. 649,000 58.1% : 272,097 4062 SANTA MONICA BLVD.- MWD LA 7,089,000 12.9% : 6,172,974 4064 WALGROVE E.S. L.A. 719,719 22.6% : 557,005 4065 LA CITY COLL LA 320,640 100.0% 4067 DEL AMO BLVD LONG BEACH 395,897 ; 93.2% : 26,739 4069 MCCLAY MS PACOIMA 283,114 81.3% : 52,881 4070 VARIOUS LOC HUNTINGTON BEACH 179,486 100.0% 4071 SHERBOURE CEDARS-SINAI 122,050 100.0% 4072 VAR ST. LOC MONTEBELLO 133,118 100.0% 4075 7100SANTA MONICA L.A. 680,715 89.6% : 71,078 4076 JESSE OWENS PK INGLEWOOD 622,770 98.7% : 7,938 4077 CHAPMAN/ST COLL FULLERTON 130,000 42.6% : 74,601 4080 SKYLINE FULLERTON 29,190 99.5% : 141 4081 BURBANK AIRPORT BURBANK 202,575 100.0% 4083 HARBOR BLVD FULLERTON 125,400 36.6% : 79,463 4084 SAND CANYON IRVINE 664,740 81.5% : 122,824 4,087 03-04 ST, RESURF GLENDALE 584,251 88.1% : 69,361 4,088 ANNUAL RD RESURF DANA POINT 1,344,316 100.0% I EXCEL PAVING COMPANY EST.FINAL % JOB OPEN JOBS, 2nd. Quarter of 2004 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. 4089 20263 WESTERN TORRANCE 16,000 18.3% : 13,076 4090 CORBY AVE. ARTESIA 133,833 99.9% : 153 4091 DALEN ST. DOWNEY 50,500 6.7% : 47,136 4093 SAN FERN VLY LA 1,280,336 18.1% : 1,048,420 4096 SUNSET BLVD BEV. HILLS 40,050 62.4% : 15,073 4097 SUNFLOWER COSTA MESA 19,052 96.6% : 656 4098 BLEND E.S LA 248,797 0.7% : 247,165 4099 03 ST IMPRV INGLEWOOD 580,085 68.7% : 181,291 4100 SEPULVEDA BLVD EL SEGUNDO 2,448 0.0% : 2,448 4101 MILTON AVE WHITTIER 187,232 100.0% : 45 4102 DENA E.S. LA 174,306 1.1% : 172,401 4103 HOWLAND CNL CRT LA 280,950 9.1% : 255,310 4104 MOULTON PKWY CO OF ORANGE 494,885 0.5% : 492,262 4105 IMPERIAL &VISTA 149,600 3.8% : 143,949 4106 PIER S BRTH 5102-S110 LONG BEACH 3,886,139 13.8% : 3,348,887 4108 HARBOR/CHAPMAN FULLERTON 144,026 100.0% 4109 VARIOUS STS REDONDO BEACH 738,060 0.7% : 732,993 4110 PIONEER/CARSON HAWAIIAN GRDNS 55,600 0.5% : 55,303 4111 1465 E. 3RD ST LOS ANGELES 9,500 100.0% 4112 BELMONT PIER LONG BEACH 488,358 12.8% : 425,791 4113 NO LONG BEACH LONG BEACH 1,732,631 0.5% : 1,723,692 4114 VARIOUS STS GARDEN GROVE 931,828 0.6% : 926,434 4115 WASHINGTON BLVD CULVER CITY 619,214 26.4% : 455,543 4117 VANUYS AIRPORT VAN NUYS 533,167 0.2% : 532,177 4119 WORLD WAY WEST AMER. AIR 5,800 91.0% : 524 4120 SOUTHGATE HS LOS ANGELES 673,350 0.7% : 668,656 4121 BUENA VISTA BURBANK 2,900 100.0% 4123 ANAHEIM ST LONG BEACH 3,072,342 0.5% : 3,056,372 4124 POLICE STATION GARDENA 40,420 0.7% : 40,145 4125 BRAYTON ST SIGNAL HILL 6,800 93.2% : 461 4126 UNIVERSITY AVE RIVERSIDE 2,013,837 0.6% : 2,002,016 4127 UNION STATION LOS ANGELES 300,377 0.0% : 300,377 4129 MT. SAC WALNUT 729,800 0.7% : 724,595 4130 ALAMEDA CORR LONG BEACH 409,000 99.9% : 409,000 4131 DISNEYLAND ANAHEIM 32,404 93.4% : 2,151 4132 EAGLETON ST AGOURA HILLS 14,600 2.5% : 14,228 4133 SAN CANYON RD SANTA CLARITA 120,310 0.5% : 119,657 4134 DURFEE/EXLINE EL MONTE 31,720 0.0% : 31,720 4135 PIONEER HS WHI I I I7ER 633,698 0.0% : 633,698 EXCEL PAVING COMPANY 2,004 FINAL JOB CLOSED JOBS 1st. &2nd. Quarters Only INCOME NO. PROJECT NAME AMOUNT 3369 ONE OCEAN TRAILS DR. 187,017 3589 MEDICI, LOS ANGELES 1,300,961 3637 12015 HARBOR BLVD., GARDEN GROVE 292,022 3721 IMPERIAL HWY., LOS ANGELES 1,037,837 3737 4341 E. WASHINGTON COMMERCE 4,354,077 3742 HENRY FORD, LA 2,700,058 3787 VARIOUS LOC SANTA MONICA 3,570,324 3789 PARAMOUNT AVE LONG BEACH 549,948 3790 WILLOW ST LONG BEACH 471,575 3836 BELLFLOWER BLVD. LONG BEACH 587,385 3837 PARKCREST LONG BEACH 576,439 3838 COLLEGE PARK DR. LONG BEACH 129,619 3839 VARIOUS STR LONG BEACH 1,414,032 3844 SHADY CYN PHASE 1B IRVINE 134,618 3853 MISSION BLVD, POMONA 1,933,686 3855 21ST ST., HERMOSA BEACH 93,674 3860 54TH ES, LOS ANGELES 373,083 3862 VARIOUS ST OVERLAY, RANCHO PALOS VERDES 1,335,586 3866 HARDING AVE, LA 1,272,458 3867 SAN FERNANDO MISSION BLVD. LA 241,389 3882 RTE 110 LOS ANGELES 13,878 3888 2001-2002 ANNUAL MAINT, BEVERLY HILLS 1,071,191 3891 DODSON MS LA 421,387 3893 CHERRY AVE OFF RAMP LONG BEACH 47,332 3894 ROWAN AVE LA 529,889 3898 1200 GETTY CTR LOS ANGELES 83,066 3900 CENTURY PK WEST LOS ANGELES 769,641 3907 ADDAMS ES LONG BEACH 299,430 3908 13652 CANTARA ST LOS ANGELES 351,000 3910 AMGEN CTR THOUSAND OAKS 181,997 3912 GRAND AVE EL SEGUNDO 285,134 3914 ALLEYS - 13TH SEAL BEACH 1,176,425 3916 JOHN MUIR MS LOS ANGELES 346,489 3919 AVENIDA MAZATLAN SANTA MONICA 10,371 3925 DIAMOND/CRESTVIEW, LAGUNA BCH 266,863 3926 KENNETH VILLAGE/GRANDVIEW GLENDALE 934,377 3927 BUS CENTER, INGLEWOOD 1,249,275 3929 OLYMPIC BLVD., LOS ANGELES 501,589 3933 CORONA AVE ES, LOS ANGELES 418,314 3937 1730 CORONADO, LONG BEACH 3,800 3939 GLENNEYRE ST., LAGUNA BCH 408,063 EXCEL PAVING COMPANY 2,004 FINAL JOB CLOSED JOBS 1st. &2nd. Quarters Only INCOME N0. PROJECT NAME AMOUNT 3940 HARDING E.S., SYLMAR 634,037 3943 SOMERSET BLVD., BELLFLOWER 322,468 3945 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO 299,287 3948 PALISADES CHARTER HS, LOS ANGELES 209,209 3949 2300 E. PCH, WILMINGTON 110,062 3951 2401 E. WARDLOW, LONG BEACH 399,700 3954 505 N. FIGUEROA ST., LOS ANGELES 106,331 3962 S. MACLAY AVE, SAN FERNANDO 412,397 3963 EL DORADO PK, LONG BEACH 156,007 3964 LONG BEACH BLVD., LONG BEACH 343,141 3966 13652 CANTARA PANORAMA CITY 37,776 3967 5722 DAIRY AVE LONG BEACH 5,500 3971 VARIOUS &WASH BLVD., CULVER CITY 1,178,796 3982 ROSECRANS &710 FRWY COMPTON 33,850 3983 18349 FIGUEROA LOS ANGELES 10,758 3984 CADILLAC/VENICE LOS ANGELES 587,759 3985 TOWN CENTER HALL 143,281 3986 2627 HOLLYWOOD WAY BURBANK 291,290 3987 RAMSDELL AVE. LA CRECENTA 130,700 3988 VARIOUS ST REHAB SEAL BEACH 161,607 3991 ROSECRANS AVE NORWALK 91,835 3993 10801 6TH RANCHO CUCUMONGA 301,499 3998 COLLEGE PK WEST SEAL BEACH 6,600 3999 LILO PKG LOT ANAHEIM 181,180 4000 HOLLYWOOD WAY OFF RAMP 43,997 4001 BRISTOL/HEMLOCK 24,140 4003 710 FRWY/ANAHEIM 342,255 4006 LB AIRPORT PW107013 L.B. 178,897 4007 LB AIRPORT PW107104 32,010 4009 HAVEN ST, RNCHO CUCAMONGA 353,002 4010 MAPLE AVE MONTEBELLO 118,886 4011 BURB/GLEN/PASA AIRPORT 257,707 4014 CANTEBURY AVE ES 471,227 4015 MCCOY CLEAR VW DR 6,500 4021 INGLEWOOD AVE 180,462 4023 GARDENDALE DOWNEY 146,398 4027 BEVERLY HILLS 3RD/CIVIC 27,170 4029 MANCHESTER BLVD. BUENA PARK 107,900 4031 BARTON/BURCH/PRISK 437,910 4032 DORLAND/NORWALK 83,009 4038 RE GRP 190TH GARDENA 19,199 EXCEL PAVING COMPANY 2,004 JOB CLOSED JOBS 1st. & 2nd. Quarters Only INCOME NO. PROJECT NAME AMOUNT 4040 HATH DIN ANTON BLVD 106,854 4044 BELL/33RD ST MAN. BCH 53,660 4049 TOWN CENTER DR COSTA MESA 36,009 4049 TOWN CENTER DR COSTA MESA 36,009 4051 BLDG M-4 NORTHROP GRUMAN 286,164 4052 BAKE PKWY IRVINE 26,900 4053 340 LOMA L.B. 4,200 4055 L.B. AIRPORT L.B. 15,317 4055 L.B. AIRPORT L.B. 15,317 4063 190 MARINA DR. LB TRANSIT 94,900 4066 M-4 SO PKG LOT NORTHROP 443,972 4068 WILMINGTON REFI WILMINGTON 79,954 4073 ROOSEVELT ES LYNWOOD 12,448 4074 FLORENCE PL BELL GARDENS 108,950 4078 CALIF/BURNETT SIGNAL HILL 1,000 4079 OHIO/HILL/STAN SIGNAL HILL 2,600 4082 ADAMS LA 1,227 4085 ALAMEDA/HOLLYWOOD BURBANK 2,262 4086 NAVAJO PL PV EST 12,780 4092 IMPERIAL HWY DOWNEY 5,286 4095 CEDAR BROOK ALISO VIEJO 1,494 4107 LANDFILL PUENTE HILLS 13,809 4116 FAIRFAX HS 2,428 4122 RAILROAD ST INDUSTRY 4,600 4128 MAGNOLIA BURBANK 16,785 I EXCEL PAVING CO. CLOSED JOBS 3003 Year of 2003 FINAL JOB INCOME N0, PROJECT NAME AMOUNT 3498 9425 PENFIELD AVE, CHATSWORTH 524,427 3607 BRISTOL ST., SANTA ANA 8,891,538 3662 777 PAULING DR., THOUSAND OAKS 246.729 3666 555 W. TEMPLE ST., LOS ANGELES 833,768 3669 23388 MULHOLLAND, WEST HOLLYWOOD 2,166,833 3672 SHADY CYN/SAND CYN, IRVINE 11,156,694 3693 11847 W. GORHAM AVE. LOS ANGELES 181,777 3720 2699 PALOMA ST., PASADENA 109,929 3732 GARVEY & CORP CTR, MONTEREY PARK 2,292,779 3745 WARNER AVE., SANTA ANA 2,645,776 3752 PIER 400 ICTF, LA 6,718,112 3764 BERTH 230-232 POLA 2,259,075 3768 ERRINGER AVE SIMI VALLEY 520,781 3788 PALO VERDE AVE LONG BEACH 488,074 3796 VARIOUS LOCATIONS SIMI VALLEY 2,021,101 3797 GOMPERS ELEM SCH LONG BEACH 526,406 3812 2627 HOLLYWOOD WY, BURBANK 3,659,178 3814 PIER 400 LEAD TRK, POLA 3,013,820 3817 PORTSHEAD RD., MALIBU 154,668 3818 BERTH 115 SAN PEDRO. 1,603,575 3821 MACARTHUR BLVD. IRVINE 364,009 3829 COMPTON AVE LA COUNTY 1,335,672 3840 *CALIFORNIA REHAB GLENDALE 289,022 3846 42ND & ANGELES MESA E.S. LOS ANGELES 626,703 3847 *STRT REHAB GLENDALE 1,967,209 3848 SANTA MONICA MUNICIPAL POOL SANTA MONICA 4,900 3852 BANDERA RD. LA 232,256 3857 9521. DALEN ST, DOWNEY 41,478 3858 VON KARMAN & MAIN, IRVINE 122,403 3859 OLD TOWN WEST, LOS ALAMITOS 848,05..2 3863 E. PKG LOT AVIATION, REDONDO BCH 434,879 3869 SEPULVEDA/PCH MALIBU 41,910 3870 CRENSHAW BLVD., LA 1,301,618 3871 CARSON:& HELMS CULVER CITY 910,143 3872 TAFT ES, LOS ANGELES 371,367 3874 SYLMAR HS, LOS ANGELES 452,900 3877 LONG BEACH AIRPORT LONG BEACH 28,500 3883 15 AVE SCHOOL LOS ANGELES 245,632 3884 DANA MIDDLE SCHOOL LOS ANGELES 631,459 3885 PIER W PORT OF LONG BEA 385,401 3886 PKG LOTS D & E LONG BEACH 341,042 3889 74TH ST ES LOS ANGELES 270,412 3892 CLEVELAND HS 98,100 CLOSED JOBS 2003 Year of 2003 FINAL JOB INCOME NO. PROJECT NAME AMOUNT 3896 FISHBURN AVE ES LOS ANGELES 304,115 3897 2100 AMGEN CTR DR, THOUSAND OAKS 113,884 3899 LOCAL ST REHAB LAWNDALE 348,148 3901 VIEWLINE DR SIMI VALLEY 319,900 3903 LEXINGTON & BURTON BEVERLY HILLS 139,610 3905 RTE 5/60 AT SOTO, LOS ANGELES 7,233 3911 SUPER BLOCK PKG SANTA ANA 208,478 3917 UCLA CAMPUS LOS ANGELES 135,323 3918 MULHOLLAND HWY LA 16,629 3921 BOLSA CHICA & RANCHO HUNTINGTON BCH 25,078 3930 EL CAMINO REAL, LOS ANGELES 373,649 3935 GAULT ST. E.S., LOS ANGELES 594,379 3936 EL MORRO ES, LAGUNA BCH 29,900 3938 DORSEY H.S., LOS ANGELES 159,454 3942 LONG BEACH AIRPORT LONG BEACH 16,022 3944 DANA POINT HARBOR DANA POINT 383,919 3946 2021 E. ROSECRANS, EL SEGUNDO 2,500 3955 WASH & INDIANA, VERNON 150,698 3956 8111 VENTURA, PANORAMA CITY 13,497 3957 SOUTH BEACH IMPVTS, SANTA MONICA 19,250 3958 PIER T GDR XING, PORT OF LONG BEA 77,912 3960 UCLA CAMPUS, LOS ANGELES 47,499 3965 2670 HOLLYWOOD WAY, BURBANK 59,560 3966 13652 CANTARA, PANORAMA CITY 0 3968 OCEAN PK, SANTA MONICA 198,605 3970 CABRILLO AVE ES, SAN PEDRO 375,255 3972 633 W. 5TH ST, LOS ANGELES 10,760 3974 DISCOVERY WELL PK, SIGNAL HILL 57,625 3975 2401 E. PCH, WILMINGTON 7,147 3980 7100 SANTA MONICA LOS ANGELES 4,361 3994 3333 SKY PK DR TORRANCE 5,029 4008 MOOG WESTERN AVE 128,302 4019 GRAND ST, LQ 1,996 4020 PIPE CON PCH 3,800 4022 BOEING PLANT 42 PLMDL 305,399 4034 OSO PARKWAY 53,354 4036 WHITTIER SCHOOLS 41,231 4037 33RD/ORANGE SH 15,489 4046 LINCOLN/JEFFERSON L.A. 16,011 4054 WORLD WAY WEST L.A. 8,676 4056 2300 PCH L.B 3,400 4068 SANTA MONICA/HILLCREST B.H. 1,550 1 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT)FOR ALL PROJECTS W HICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2,000,000 CQMPLETED WITHIN THE LAST FIVE YEARS AIID OPERATIONAL FOR AT LEAST ONE YEA PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PIER T MARINE TERMINAL PROJECT DESCRIPTION: DEMO, ASPHALT CONCRETE, CRUSHED MISC. BASE, ELECTRICAL, STRIPING, BATHROOMS, SIGN STRUCTURES, UNDERGROUND, CONCRETE FOR THE PIER T MARINE TERMINAL, LONG BEACH LOCATION: PIER T DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $33,481,910.00 PROJECT DURATION-PER CONTRACT 6/98 t ,B,C THRU 12/99 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE•:FLA.T.T TELEPHONE: 562/59.9-5841 OWNER INFORMATION NAME:. PORT OF LONG BEACH CONTACT: GARY CARDAMONE TELEPHONE:' 562/590-4172 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGR INITIAL TO AND TYPICALLY AGENCY GENE SETTLEMENT PERCENT COMPLETE; COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING .COMPANY A. COMPANY EXPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENTS FOR ALL PROJECT! WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF$2,000,000 COMPLETED W ITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION PROJECT NAME: OCEAN BLVD. EAST AND WEST RECONSTRUCTION PROJECT DESCRIPTION: SEWER/WATER/STORM DRAIN, GRADS CHANGE, CMB, A/C, STRIPING, SIGNALIZATION . LOCATION: OCEAN BLVD. EAST AND WEST DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $11,290,045.00 PROJECT DURATION-PER CONTRACT 6/99 AXKPV&THRU 12/99 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: GARY .CARDAMONE TELEPHONE.562/590-4127 COLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY A TO AND TYPICALLY AGENCY GE INITIAL SETTLEMENT PERCENT COMPLETE; COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT)FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 CCQMPLETED W ITHIINTHE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PIER T MARINE TERMINAL PROJECT DESCRIPTION: DEMO, ASPHALT CONCRETE, CRUSHED MISC. BASE, ELECTRICAL, STRIPING, BATHROOMS, SIGN STRUCTURES, UNDERGROUND, CONCRETE FOR THE PIER T MARINE TERMINAL, LONG LOCATION: PIER T DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $33,481,910.00 PROJECT DURATION- PER CONTRACT 6/98 &NWQM THRU 12/99 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE"FLAT.T TELEPHONE: 562 f -9-5841 OWNER INFORMATION NAME:_ SORT OF LONG BEACH CONTACT: .GARY CARDAMONS TELEPHONE: 562/590-4172 I DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGR INITIAL TO AND TYPICALLY AGENCY GENE SETTLEMENT PERCENT COMPLETE: COPY ADDITIONAL PAGES AS NEEDED - 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1,05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORM WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: PIER S NORTH FILL PROJECT DESCRIPTION: INSTALLATION OF SEWER, WATER, STORM DRAIN, ELECTRICAL COMMUNICATION, LIGHTING, CONDUIT & VAULTS, MSE WALL CONSTRUCTOR, GRADING, CMB P, ACEHENT & ASPHALT PAVING LOCATION: BERTHS S102-S110 CONSTRUCTION VALUE: $10,425,708.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE ,FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: GARY BAKER/HUTCH MCBLAINE TELEPHONE: 562/432-1778 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AG INITIAL TO AND TYPICALLY AGENCY GEN SETTLEMENT PERCENT COMPLETE: %. COPY ADDITIONAL PAGES AS NEEDED 13 r CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT)FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK W ITH A VALUE IN EXCESS OF$2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: 1997-98 & 1998-99 ANNUAL INFRASTRUCTURE PROJECT PROJECT DESCRIPTION: STREET IMPROVEMENTS ASPHALT CONCRETE COLD MILL. ELECTRICAL, STRIPING, SLURRY SEAL, CONCRETE LOCATION: VARIOUS LOCATIONS► SANTA CLARITA DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $4,092,472.00 PROJECT DURATION - PER CONTRACT 7/98 A&RXIE L THRU 12/98 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: N/A FINAL SUBCONTRACT VALUE: ARCHITECT: SANTA CLARITA GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' B$UCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF SANTA CLARITA CONTACT: KERRY. BYER TELEPHONE: 805/255-4984 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHARGES ARE MUTUALLY AGF INITIAL TO AND TYPICALLY AGENCY GENT SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY 9XPERIENCE-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT)FORALL PROJECT WHICH INVOLVE CONSTRUCTION WORK W ITH A VALUE IN EXCESS OF$2,000,000 CONELETED WITHIN TH LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATIOr PROJECT NAME: PARK AND RIDE.LOT PROJECT DESCRIPTION: SITE WORK, BATHROOMS, ASPHALT CONCRETE, CRUSHED MISC. BASE, STRTPTN , SIGNS BARRIERS STRUCTURES, BRIDGE WIDENING LOCATION: 91 FWY & 405 FWY DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $11 ,358, 103.00 PROJECT DURATION- PER CONTRACT 4/95 AgTM THRU 8/98 IF YOUR WORK WAS PERFORMEZ AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: CALTRANS GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BROCE'.FLATT TELEPHONE: 5621599-5841 OWNER INFORMATION NAME: CALTRANS DIST. 7 CONTACT: MURRY MUM TELEPHONE: 213/897-3656 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGR INITIAL TO AND TYPICALLY AGENCY GENE SETTLEMENT PERCENT COMPLETE; COPY ADDITIONAL PAGES AS NEEDED 14 t CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1,05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: RECONSTRUCTION OF THE BROADWAY SIDEWALK PROJECT DESCRIPTION: SIDEWALK AND BASEMENT STRUCTURAL REPAIR LOCATION: BETWEEN 2ND ST. AND 5TH ST. , LOS ANGELES CONSTRUCTION VALUE: $2,514,839.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE:562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT:_ SHASHT RHAKIA TELEPHONE: 213/847-8982 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGRI INITIAL TO AND TYPICALLY AGENCY GENE) SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORIs WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: TUSTIN AVE. , STREET IMPROVEMENT PROJECT DESCRIPTION: A/C PAVE, CMB, RAMP WIDENING, CURB & GUTTER, STRIPING, K—RAIL, DEMO, RETAINING WALLS, BRIDGE ABUTMENTS, LANDSCAPE IRRIGATION, SIGNALIZATION LOCATION: TUSTIN AVE. AT SR-91 FWY. , ANAHEIM CONSTRUCTION VALUE: IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O ANAHEIM GENERAL CONTRACTOR INFORMATION NAME: PALP •ING'.' DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF ANAHEIM CONTACT: RALPH HARP TELEPHONE: 714/762-5162 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGI INITIAL TO AND TYPICALLY AGENCY GEN' SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME PALP INC. DBA Exr .i. PAyTN . COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: BERTH 212-225 BACKLAND IMPROVEMENTS PROJECT DESCRIPTION: _CONSTRUCT 15 FOUNDATIONS FOR 100' HIGH MAST LIGHT POLES WHE) , RELOCATE ELECTRICAL CONDUIT AND WATERLINE FOR HMPS AND RELOCATE 15 HMPS, CONSTRUCT 16,000 LF OF CRANE CONC. RUNWAY. CONSTRUCT 3 SUBSTATIONS, ASPHALT PAVING, LOCATION: SANN PEDRO CONSTRUCTION VALUE: $4,297,540.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALp INC Dim ExcEL PAyTN rnMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: PORT OF LOS ANGELES CONTACT: JACK CHANG TELEPHONE: 310/732-3225 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AG' INITIAL TO AND TYPICALLY AGENCY GEN SETTLEMENT PERCENT COMPLETE; % COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORM WITH A VALUE IN EXCESS OF $2,000,000 PRE§ENTLY UtjDER CONSTRUCTION. PROJECT NAME: ,SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB & GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $34,455,152.09 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21 3/847-661.3 ALL CHANGES ARE MUTUALLY AGI DOLLAR AMOUNT OF CLAIMS SUBMITTED TO AND TYPICALLY AGENCY GENI INITIAL SETTLEMENT PERCENT COMPLETE: COPY ADDITIONAL PAGES AS NEEDED 13 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 (, 4 c E�s��on.0 6A Enclosed please find your original bid bond issued by j4nL�UG-,,bj //0S1?71k-.1—e DT— for Joan L. Flynn City Clerk JF:pe Enclosure g:/follo«vp/cashcont'retumbidbond.doc (Telephone:714-536-5227) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we, SoCal Pacific Construction Corp. as Principal, hereinafter called the Principal, and Fidelity And Deposit Company Of Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Central Park and Warner& Nichols Storm Water Treatment Project, Cash Contract No. 1257 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th day of October, 2004 . SOCal Pacific Qmstruction C A,vrcxj A"+4Wipal) (Seal) (Witness) �- P/l e�$!Q&%;T— �' (Title) Fidelity And Deposit Company Of Maryland (Surety) (Seal) ( ness) Vh-" Shannon Lopez, Attorn ti n-Fact (Title) AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICANINSTITUTE OF ARCHITECTS,1735 14Y.AVE.,N.W.,WASHINGTON,D.C. 20006 1 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year•, for 2004, 10%of direct earned premium in the prior year•, and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On October 11, 2004 before me Kathleen Ryan,Notary Public Personally appeared Shannon Lopez --------------------------------------------- [X] personally known to me - to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. KATHLEEN RYAN a COMM.#1363196 n aOMy NOTARY PUBLIC•CALIF011-1- N WITNESS my hand and official seal. USAN BERNARDINO COUNTY Comm.Exp.July 26.2006 OYTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [ ] INDIVIDUAL f ] CORPORATE OFFICER L Bid Bond Title(s) Title or Type of Document [ n A v TAT D e [ ] LIMITED ED [ ] GENERAL [J] ATTORNEY-IN-FACT Number of Pages [ ] G T A R DI A rriCONSEv v A Tnn [ ] 9T14E October 11, 2004 Date of Document SIGNER IS REPRESENTING: Fidelityposit Co. of Maryland SoCal Pacific Constuction Corp. Signer(s)other than Named Above Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Shannon LOPEZ,of Redlands,California, its true And lawful age t and Attorney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and as its act an : any an o onds and undertakings and the execution of such bonds or undertakings in pursuance of these prese all be as g upon said Company,as fully and amply,to all intents and purposes, as if they had been duly a and ac edged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their own persons o The said Assistant Secretary does hereby certify xtract se on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is orce. IN WITNESS WHEREOF, the said Vice- ent and Aunt Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FID AND DIT COMPANY OF MARYLAND,this 2nd day of October, A.D.2001. ATTEST: Q ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND gyp DfPps�' o� u � W i 4`ti.ni Q /C . iti.r.a�f BY E.Smith Assistant Secretary M.P. Hammond Vice President State of Maryland 1 County of Baltimore ss: On this 2nd day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, 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. q�op-' n„�9 Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-7658A soc4d Puft CMIShdm Cofp. 29889'i 2nd ftW tk*H Lake ftww%CAqM PM$74-1030 LJLJ LLJ v ca OA-��nc 7 Cc el+ra. 'wa, f v" A- Ise C- C5 0 OL CVN co ST q-Z- �0 y Y-Yv SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 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 64 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find �S-A 136,0,0 in the amount of$ /0 90 Of 43'4 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B' i nature 1 1 0-4-0 4 C-Z i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004 Notice To All Bidders: Please note the.following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#16 &17) Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17 (Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated October 4, 200 SOCAL PACIFIC CONSTRUCTION CORP Company Name ANTON ANSTETT PRESIDENT 10-12-04 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714)374-1735. PROJECT BID SCHEDULE .. ... ................ . ................... Item :-E8.timMed:::'- ............ .......... ...... .*. ..... ........ .... .... ... .............. .... .. ....... .......:::............... .. .... ..... .................. .................... .......................*... ... .... ... .*. .............. ... .......... We h:hi �.d ..... . . ......... ............. 1 1 MOBILIZATION L.S. @ Dollars $75-606 $25:;--a4f)b Cents Per L.S. 2 1 CLEARING/GRUBBING L.S. @ fib 7y-01f147Vb Dollars CKJ o � GO Cents Per L.S. 3 1 TRAFFIC CONTROL L.S. @ Al 7�/^LW;6 Dollars $7 7, 6 s -Cents Per L.S. 4 1 DEWATERING L.S. @ Dollars 30 oc/)j $ 361� 0 Cents Per L.S. 5 1 SHORING&BRACING L.S. @ fl 7AOf7,4 Dollars $ Cents Per L.S. 6 2 Purchase&Assemble CDS MODEL PSW70-70(I -L& I-R) Dollars $I C/O EA. 7ulp Cents Per EA. 7 2 Purchase&Assemble CDS MODEL PSW50-50 (I -L& I-R) EA. @ 0'"V-f 5'Se Dollars Cents Per EA. 8 3 Construct Cast in Place Diversion Wier Box Structure EA. @ Z Liyjn� Dollars $ Cents Per EA. 9 1 Remodel Existing Manhole/Construct Diversion Weir EA. @ Dollars —4 Cents Per EA. 10 7 Install Manhole,Frame&Cover,Pressure type Dollars $ EA. @ $ A0 3d0 Cents ,Per EA. C-Is PROJECT BID SCHEDULE I..tee:....F....gt .m. te.d... .................................... ... i��:p : :.:..'............... ................I... . .............................. ].�...........,.I................ ... ....k ton..a....7. ............. ....................................................... ........ .I............ .. No:: 4uafity . 'Is.... .......... ...... ... . i P . .. 11 2 Install Manhole,Frame&Cover,Grate type EA. @ 1 NI tj /iWJA_'6 Dollars $z,(300 $ ,:5_,J-5-YJ Cents Per EA. 12 950 Roadway Pavement Repair, Section per plan S.F. @ t4 Dollars Z4 Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan S.F. @ Dollars S Cents Per S.F. Remove/Abandon Existing 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) iL L.F. Dollars Cents Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain lo, EA. @ OA'Qv� W �'k Dollars 06 .Cents Per EA. Repair/ReplaceLandscaping/Irrigation including Sod(species to be 16 1 determined) L.S. @ Fifteen Thousand Dollars $15,000.00 $15,000.00 No Cents Per L.S. Remove Ex 18"Dia Tree&supply 2-24"box replacements(size 17 1 &species to be determined) EA. @ 75V�W Dollars $_ -30o $ 23 oio 7 Cents Per EA. 18 1 Clean Existing JS&install self leveling Epoxy V45 EA. @ 7-AIM14-6 Dollars �0'06 $ 's;oe)o Cents Per EA. 19 6 Install Conc.Pipe Encasement at pipe junctions EA. @ Dollars Cents Per EA. 20 4 Construct Junction Structure(Type C)per City Std. EA. Dollars $ $ 7, Cents Per EA. C-2s PROJECT BID SCHEDULE Item:'.E...t.i...m at.e.. ee ... ..........,.. ....I......... .......................................I................................................... . :. ......................... ed ............... .. . ... .. : written I :.WOS .. ::.< i..tPr'.. A 6u.t...-.' -a 21 1 Install CLEANSCREEN debris cat.41 basin gate EA. @ Dollars $ QGd .Cents Per EA. 22 28 Install 24"RCP L.F. @ 616: Dollars o Llb .Cents Per L.F. 23 12 Install Precast 2'x3'RCB L.F. @ P4ywo Dollars $ 366 $ Iwo Cents Per L.F. 24 @ Dollars $ .Cents Per 25 @ Dollars $ Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: 4 1 j/- ---- ---- ------ .......................................... . ......... .................. C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ANTON ANSTETT , being first duly sworn, deposes and says that he or she is PRESIDENT of SOCAL PACIFIC CONSTRUCT ittwparty 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. SOCAL PACIFIC CONSTRUCTION CORP Name of Bidder Signature of Bidder ANTON ANASTETT PRESIDENT ?9ARC;_2NT) gTREFT arm .T Address of Bidder LAKE ELSINORE, CA. 92532 Subscribed and sworn to before me this l a day of 20 GEORGIANNE K. BEEBE Commission#1304675 z rs Notary nuhlic-California i Ri rerside County My Comm -Ixpires Jun A,2005� NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Central Park And Warner & Nichols Storm Water Treatment Project, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. SOCAL PACIFIC CONSTRUCTION CORP Contractor By ANTON ANSTETT PRESIDENT Title Date: y 0- 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? U Yes UNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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 that 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. SOCAL PACIFIC CONSTRUCTION CORP Contractor By ANTON ANSTETT Title PRESIDENT Date: 10-12-04 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 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 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: SOCAL PACIFIC CONSTRUCTION CORP Bidder Name 29885 2nd STREET UNIT J Business Address LAKE ELSINORE CALIFORNIA 92562 City, State Zip ( 951 ) 674-1 030 Telephone Number 443117 A State Contractor's License No. and Class 7-18-83 Original Date Issued 6-30-05 Expiration Date The work site was inspected by Steve Hennes of our office on Sept 7 ,2004. The following are persons, firms, and corporations having a principal interest in this proposal: ANTON ANSTETT PRESIDENT STEVE HENNES SECRETARY 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. SOCAL PACIFIC CONSTRUCTION CORP Company N Signature of Bidder ANTON ANSTETT PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this /c -day of C't0A5-tP-- A NN E K.BEEBEGEORf 06Commission#1347 Z '^m Notary Public-California Z a R-ersiue County My Comm Expires Jun 14,2005 NOTARY PUBLI � a4ll� — 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 RIVERSIDE Name and Address of Public Agency Name and Telephone No. of Project Manager: ED LARA 9 0 9-8 2 6-5 5 61 172, 000 INSTALL CULVERTS ACROSS HIGHWAY 3-04 Contract Amount Type of Work Date Completed 2 EASTERN MUNICIPAL WATER DISTRICT Name and Address of Public Agency Name and Telephone No. of Project Manager: JENNIFER MORGENSTERN 909-928- 3777 995, 000 2700 ' lf of 18" pipeline 10-04 Contract Amount Type of Work Date Completed 3 ORANGE COAST COLLEGE Name and Address of Public Agency Name and Telephone No. of Project Manager: ARD I TH R ICHEY 71 4-4 3 2-51 3 9 11137 , 000 UTILITY REPLACEMENT SOUTH CAMPUS 10-04 Contract Amount Type of Work Date Completed C-10 i (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury,certifies that except as noted below,any person associated therewith in the capacity of owner, partner, director,officer,or manager (initial the applicable selections): /� 6/"d Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. ee� Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: SOCAL PACIFIC CONSTRUCTION CORP Contact Person: ANTON ANSTETT Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 �, �„� CITY OF HUNTINGTON BEACH ` ' 2000 MAIN STREET CALIFOR-NIA 92648 OFFICE OF THE CITY CLERK . 2004 To: C� ��1Fn ��I0 ? o -A-u1A-� 0+ �oa60 Enclosed please find your original bid bond issued by Az(2e-/,t 17TT-7 for 00, Joan L. Flynn ig City Clerk JF:pe Enclosure g:/follo«up/cashcont/retumbidbond.doc (Telephone:714-536-5227) 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 Clarke Contracting Corporation as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Central Park and Warner&Nichols Storm Water Treatment Project (1257) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 6th day of October 2004 Clarke Contracting Corporation Witness Principal (Seal) By: —John J. Clarke Pres. Name/Title Federal Insurance Company Surety (Seal) '1 Witness By: AAio 6 �V. Douglas A. Rapp Attorney-in-Fact ORSC 21328(5;97) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On OCT 0 6 20 before me, A.P. Coats, Notary Public NAME,MLE OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGNERS) ® Personally known to me - or- Proved to me on the basis of satisfactory evidence to be the ❑ person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), of the entity upon behalf of which the person(s) r A.P.COATS acted, executed the instrument. COMM...1498145 NOTARY PUBLIC-CALIFORNIA-1 m oRANCE cuu 2, WITNESS m hand and official seal. My Term w July 2,2008 (SIGNATURE OFN TARN OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAI JOWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIlVIITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTH Y(IES) 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 Douglas A. Rapp Or Linda D. Coats of Laguna Hills, California---------------------------------- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bad bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 2 nd daY of January, 2004 Kenneth C.Wendel,Assistant Secretary ran E.Robertson, Fire ent STATE OF NEW JERSEY J ss. County of Somerset onus 2 2 ndfay of January, 2004 ,before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the compaunies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duly swam,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto aiflxed by authority of the By-1 aws of said Companies:and that he signed said Power dAttorney asAssistant Secretary of said Companies by Ike authority;and that he is acquainted with Frank E.Robertson,and)vows Mm to be Vice President of said Companies;and that the signature of Frank E.Robertson, subscribed to saki Power of Attorney is in the genuine handwriting of Frank E.Robertson,and was thereto subscribed by authority of said By-Laws and In deponenrs presence. Notarial Seal Karen A. Price i�b`ary Public State of tVew Jersey �c,� � .C�.���_ � F rJA 0R0 No.2231611 Notary Public ,.GEFitIFICATION ExVact of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: M Ad pow'>I attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman.President,any Vice President,any Assistant Vice PresideK any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaidng to which it is attached" 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (1) the foregoing extract of the By-Laws of the Companies is in*and correct, (it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Moo and the U.S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 6th day of October 2004 4+oC►Iny �, �2 * •��to ���� * t * �15foMrN` yFW YO�� Kenneth C.Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OFA CLAIM,VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone(908)903-3485 Fax (908)903-3656 e-mail: surety@chubb.com Form 15-10-045(Ed.499)CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On Oct. 7, 2004 , before me, Ann A. Takahashi, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John J. Clarke Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/are subscribed to the within instrument and AN—N A TAKKAHASHI acknowledged to me that he/sheftey executed ! w COMM.128737o the same in his/ 'rr authorized N _ ` Notary PubgaCatltpmia N � f capacity(i , and that by his/ ir W , LOS ANGELES COUNTY signature(&)on the instrument the person(a), or My Comm.Exp.Jam 1Z M the entity upon behalf of which the person(s) acted, executed the instrument. 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 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: City of Huntington Beach Bid Bond Central Park and Warner & Nichols Strom Water Treatment Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ' IX Corporate Officer—Title(s): President Top of thumb here ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 CtARKE cowl�m C4R MTM UO. No.325884 .P.O. Box 619 Lawndala,CA 90260 (310)542-7724 • Fax(310)542-2188 C,1 �' C City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 . SECTION C PROPOSAL for the CENTRAL PARK AND WARNER& NICHOLS STORM WATER TREATMENT PROJECT CASH CONTRACT No. 1257 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not-awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of$10% of Bid 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 1 10/4/04 -John J. Clarke, Pres. C-2 10/04/2004 02:50 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714)374-1573 ADDENDUM NUMBER ONE For CENTRAL PARK AND WARNER & NICHOLS STORM WRITER TREATMENT PROJECT,, CC 1257 October 4,2004 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule(Corrected Error in Bid Item#1'16&17) Fined Cost for Item#16(Landscaping) No Fixed Cost for Item 017(Tree Removal and Replacement) This mod ftcation does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one,dated October 4, 2004. Clarke Contracting Corporation W II -John J. Clarke, President Company Name By 10/8/04 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Douglas A. Erdman at(714)374-1735. 10/04/2004 02:50 7143741573 CHB ENG PAGE 03/05 PROJECT BID SCHEDULE Mir >as< ><lt . r, 1 1 MOBILIZATION L.S. C3o Tk ktV k u S a.rs.&Jk, Dollars $ Goo $ O V N o Cats Per L.S. 2 1 CLEAcR�tNG/GRUBUTNG L.S. @ -uurt e e a -1 h-e U S a Dollars $ �-l��� $��f cod? � C',enty Per L.S. 3 1 TRAFFIC CONTROL L.S. A Sw o -(-,k n L S Cart Dollars $ N1 0 Ccntc Per L.S. 4 1 DEWATERINC L.S. a@ fWM 46V---t� Dollars $01__0 _ S��Q� Ccntc Per L.S. 5 1 SHORINq&BRAC1!4G L.S. oQ x Mkau5 v d DoAars $60,0QO_ $a 4 O - Cents Per L.S. 6 2 Purchase&Assemble CDS MODEL PSW7070(1 -L&1-R) �f I�J EA. @ 6k-ed A i A ON_1I 7�►66aAallxrs $�� $�D fto Ccnvt Per EA. 7 2 Purchase&Assemble CD`S MODEL.PSW�r50 50 (1 -L& 1-R) � EA, p a/1e It u��1d F IIN b��u�`MOvSa��Dollars $ ,/a/,b $as—atwo—� o Cents Per EA. $ 3 Construct Cast in Place Diversion Wier Box Structure m EA. @a 7w 2n-f' c�u-s q^A tmiats $ 0I0, Do o $ NL O Ccnt% Per EA. 9 1 Rcmodel Existing ManhoWConstruct Diversion Weir ,y EA. C _F--QL I - t Uoo h c tndr,e J, Dollars $ -1,A aO $ I Zoo 1�o cents Per EA. 10 7 Install Manhoic,Frame&Cover,Pressure type EA. @;Two '�1n o c su ylr D�iiars $ 4000 $ I yL DOO (� D Cents Per EA. - — G-1s . 10/04/2004 02:50 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE test rrt : � : , <: >:::,::::<.:,:::: x> . 11 2 Install Manhole,Frame&Cover,Grate type EA. (a KL&r,&f taC Dollars $ goo $ /� 6q0 �_ Ccntc Per EA. 12 950 Roadway Pavement Repair.Section per plan S.F. @ �[ �'t YDollars Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan qp S.F. @ T_hr-P_ Dollars 3 $ Z S0 (� O Cents Per S.F. Rcmove/Abandon Existing 6"VCP Sewer&Relocatc per plan 14 65 (131d item includes all appurtenances) L.F. @ ��_ Dollars O Centa Per L.F. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain 00 EA. ✓%Ck e 6(, Dollars $ DO $ O Cents Per EA. RepaiT/ReplaecLandscaping/Irrigation including Sod(species to be 16 1 determined) L.S. rr. Fi rcn T'hougand Dollars 15 000.00 IS 0 . 0 No Cents Per L.S. Remove Ex 18"Die free&supply 2-24'box replacements(size 17 1 &species to be determined) EA. @ -t.kou sar-G& Dollars $ /, Oyo �LIJ Cents Per EA. I$ 1 Clean Existing JS&install self leveling Epp EA. (a3 �W rt uS Ct v� _Dollars $ 210,00 N O Cents Per EA. 19 6 Install Cone.Pipc Encasement at pipe junctions m EA. _ 1 w o - (� �h�r-�� �Doltars $ 00 $ 1, Zoo Cents Per EA. 20 4 Construct Junction Structure(Type C)per City Std. EA. (3a (K'�.Y��La rLOk Dollars —J o Cents Per EA. C-2s 10/04/2004 02:50 7143741573 CHB ENG PAGE 05/05 PROJECT BID SCHEDULE Mein : 9tltltltk>}' : tilt:va ui:rf�t;pna�e: - : - Qr: i 21 1 Jnstali CLCANSCRF.P.N debris catch basin gate eg EA. @ Dollars $ S�D� $ AQ9 Cents Per EA. 22 28 Install 24"RCP L.F. huge V -v Dollars $ NO Cents Per L.F. 23 12 Install Precast 210,RC3 VIP LA �°%_�UX` Kk-Ly\c " e- ck Dollars $ o� $ �, $DD Cents Per L.F. 24 @ _� Dollars $ '� $ Cents Per 25 @ Dollars $ / A $ Cents Per Total Amount Bid in Figures: $ ..__..Total Amount_Bid in Wards. Gi .tdrew�� s litre a��(lws- C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Wor Number U r aN Mk o� Z—/Vf} Ca11er Sfiuo s-'es By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange John J. Clarke , being first duly sworn, deposes and says that he or she is President of Clarke Contracting Corp. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Clarke Contracting Corporation Name of Bidder -John J. Clarke, Pres. ANN A.fA_nH*SH�I Signature o Bidder 14- 1MY COMM.1287370NotaryPublic-CaRtomiaLOS ANGELES COUNTY Comm.Exp.Jan.12,2oos 4646 Manhattan Beach Blvd. , Lawndale, CA 90260 Address of Bidder Subscribed and sworn to before me this day of 0 G"t- 200z/. NOTARY PUBLIC_ � � ' �`�' -= NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Central Park And Warner & Nichols Storm Water Treatment Project, (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. Clarke Contracting Corporation Contractor -John J. Clarke By President Title Date: 10/8/04 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE. Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U 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 that 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. Clarke Contracting Corporation Contractor -John J. Clarke By President Title Date: 10/8/04 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 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: Clarke Contracting Corporation Bidder Name 4646 Manhattan Beach Blvd. Business Address Lawndale CA 90260 City, State Zip ( 310 ) 542-7724 Telephone Number 325884 A, B, & Haz. State Contractor's License No. and Class 9/28/76 Original Date Issued 12/31/04 Expiration Date John J. Clarke and The work site was inspected by Robert F. Clarke of our office on October 5 2004 The following are persons, firms, and corporations having a principal interest in this proposal: Clarke Con racting Corporation -John J. Clarke Robert F. Clarke 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. Clarke Contracting Corporation Company Name — v\ N Signature B er John J. Clarke, President Printed or Typed Signature Subscribed and sworn to before me this l day of 0K& ,20 ----p _ ANN A.TAKAHASHI V- r^ COMM.1287370 M N .o Notary Public-Caftrnia CO) LIJ LOS ANGELES COUNTY My Comm.Exp.Jan.1Z 2005 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. Sefit�� rye SIB t s 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 e ` CLARKE CONTRACTING CORP. Project Owner/Agency $ Completed Contract Bay Club Drive Low Flow City of Los Angeles $ 321,810.00 12/30/00 213 847-5229 Diversion 433 S.Spring St. #600 Karman Yuen W.O. E4000227 Los Angeles,CA 90013 Colorado Ave.-Repair of City of Santa Monica $ 5,394,744.00 1/20/00 310 392-6818 Earthquake Damaged Sewer 1685 Main St. Room 112 Harris&Associates Mains Santa Monica,CA 90407 Richard Huffman Install Continuous CDS Technologies $ 256,838.54 12/17/99 888 535-7559 Deflective Separator(CDS) 16360 So.Monterey Rd. Mark Cuneo Moss Ave.,Santa Monica Morgan Hill, CA 95037 Camrose Drive Slope City of Los Angeles $ 102,725.00 512/00 213 847-4016 Repair 433 S.Spring St. #600 Christopher Regilski Los Angeles,CA 90013 Puente Hills Landfill L.A.Co.Sanitation Dist. $ 1,333,100.00 10/5/00 626 962-8605 Gas Collection Sys.-2000 1955 Workman Mill Road Paul Perkins Whittier,CA 90607 2950 Mandeville Cyn. City of Los Angeles $ 209,300.00 8/22/00 213 847-4016 Road Repair 433 S.Spring St. #600 Christopher Regilski Los Angeles,CA 90013 Temescal Cyn.Sewer City of Los Angeles $ 805,009.00 10/9/00 310 575-8367 433 S.Spring St. #600 Lee Pitman Los Angeles,CA 90013 El Camino College El Camino College Dist. $ 104,000.00 10/13/00 310 329-1707 Shops Bldg.-Storm Drain 16007 Crenshaw Blvd. Bob Gann Renovation Torrance,CA 90506 1-5 Frwy Sewer Relocation City of Anaheim $ 340,769.50 8/8/00 714 448-3063 Dogwood&La Palma and 200 S.Anaheim Blvd. Glen Davis Fay Lane&Broadway Anaheim,CA 92805 Newport Coast Lift Irvine Ranch Water Dist. $ 80,911.00 3/23/01 949 453-5556 Station Modifications 15600 Sand Canyon Ave. Jeff Staneart Project No.20077 Irvine,CA 92619-7000 Santa Monica/Orthopedic University of California $ 128,800.00 3/23/01 Centrex Rodgers/Morley Replacement Hospital at Los Angeles John McCune Sewer Improvments 1060 Vetrans Ave.#125 310 260-2453 Ext. 103 Los Angeles,CA 90095 Green Valley Circle Sewer City of Culver City $ 115,320.00 4/3/01 DMR TEAM Improvement 9770 Culver Blvd. Nassar Shoushtarian Culver City,CA 90232 310 338-3440 Ext. 16 Sandal Lane City of Los Angeles $ 200,000.00 5/25/01 Kevin Azarmahan Emergency Sewer Repair 650 S.Spring St. 310 575-8534 Los Angeles,CA 90014 Sewer Infrastructure California State Polytechnic $ 1,857,984.00 11/14/01 Jack Siegers Univeristy,Pomona 909 869-4169 3801 W.Temple Ave. Pomona,CA 91768 Misc.Repairs at the City of Santa Monica $ 573,819.00 2/19/02 Hy-Com&Associates Santa Monica Airport 1685 Main St. Kayvan Hazrati Santa Monica,CA 90407 949 474-7344 Install Continuous CDS Technologies $ 367,440.00 12/28/01 Mark Cuneo Deflective Separator(CDS) 16360 So.Monterey Rd. 562 424-6334 Branford Spreading Grounds Morgan Hill, CA 95037 Sewer Line Reconstruction City of Manhattan Beach $ 569,750.00 4/24/02 Chad Browing 1400 Highland Ave. 310 802-5356 Manhattan Beach,CA 90266 Marine Ave.Drain Los Angeles County $ 104,261.50 4/5/02 Tony Tajalli Dept.of Public Works 626 458-2195 900 S. Fremont Ave. Alhambra,CA 91803 CDS Units at Caltrans $ 321,087.00 7/22/02 E. L.Yeager Caltrans Route 30 in San Dimas 120 S.Spring St. Don Reiter La Verne&Claremont Los Angeles,CA 90012 909 684-5360 Ivy Way Storm Drain City of Culver City $ 129,425.00 5/9/02 Ken Berkman 9770 Culver City 310 253-5622 Culver City,CA 90232 CDS Units at CDS Technologies $ 254,000.00 12/5/02 Marc Cuneo Project 450, Project 5104 3950 Long Beach Blvd. 562 424-6334 Line E-1,Long Beach Long Beach, CA 90807 Replace 8"VCP City of Torrance $ 10,940.00 5/31/02 Tom Cook 1329 Crenshaw Blvd. 1329 Crenshaw Blvd 310 781-6900 Torrance Torrance,CA Calabasas Landfill Drainage L.A.Co.Sanitation Dist. $ 719,595.00 10/17/02 Walter Ackerman Facilities,2002 1955 Workman Mill Road 562 699-7411 Whittier,CA 90607 Storm Water Treatment Unit City of Anaheim $ 173,875.00 9/13/02 Mr.Ralph Harp for Pump Station @ Katella Ave. P.O.Box 3222 714 765-5285 Undercrossing Anaheim,CA 92803 CDS Unit for 210 Frwy. San Bernardino Assoc.Gov. $ 150,747.00 8/9/02 E. L.Yeager SR 30 Seg.3B Completion 444 North Arrowhead Ave. Al Aretaga Rancho Cucamonga San Bernardino,CA 91764 909 684-5360 Temescal Canyon Low Flow City of Los Angeles $ 491,000.00 4/24/03 Andy Flores Diversion Project 200 N.Spring St. 213 847-5025 Los Angeles, CA 90012 221st Street Drain City of Hawaiian Gardens $ 534,345.00 1/9/04 Elroy Kiepke 21815 Pioneer Blvd. 562 420-2641 Hawaiian Gardens,CA 90716 41 st Street Ground Subsidence City of Los Angeles $ 103,075.00 2/17/03 Sean Zahedi Between Naomi&Hooper 200 N.Spring St. 213 485-0835 Los Angeles,CA 90012 Install 2 CDS Units at Fiji Way Los Angeles County $ 135,682.69 1/24/03 CMA Boat Launch,Marina Del Rey Beach&Harbors (Const.Project Manager) 13483 Fiji Way Trailer 2 Steve Schmucker Marina Del Rey,CA 90292 310 615-4555 Fax 310 615-4538 Holmes Middle School Los Angeles Unified School Dist. $ 58,825.00 1/10/03 Jack Blair Repair Sewer Lines 701 W.Cesar Chavez Suite 210 818 256-2918 Los Angeles,CA 90012 Boeing Sewer Pump Station City of Seal Beach $ 512,970.00 12/24/03 Mark Vukojevic Reconstruction 211 Eighth Street 562 430-2527 Ext. 318 Project No.49725 Seal Beach,CA 90740 Pacoima Area Upper L.A. City of Los Angeles $ 395,185.96 4/9/04 Andy Flores Watershed 200 N.Spring St. 213 847-5025 Los Angeles,CA 90012 Bay Club Outlet Emergency City of Los Angeles $ 94,489.84 8/13/03 Carl Mills Sewer Replacement 200 N.Spring St. 213 847-6516 Los Angeles,CA 90012 CDS Units 6th& 8th St. City of Manhattan Beach $ 158,700.00 7/8/03 Gilbert Gamboa 1400 Highland Ave. 310 802-5000 Manhattan Beach,CA 9026 Fair Ave.Sewer City of Los Angeles $ 103,771.00 8/1/03 Barbara Sherfey 200 N.Spring St. 818 374-4653 Los Angeles,CA 90012 Big Dalton Dam&Reservoir Los Angeles County $ 5,486,160.00 In Jaime Engler Debris Removal Department of Public Works Progress 626 458-4955 900 So.Fremont Ave. Alhambra,CA 91803 Low Flow Diversion at Pulga Los Angeles County $ 328,590.00 5/26/04 Griselda Mitchell Department of Public Works 626 458-3155 900 So. Fremont Ave. Alhambra,CA 91803 Low Flow Diversion At Los Angeles County $ 473,500.82 7/22/04 Griselda Mitchell Westchester Department of Public Works 626 458-3155 900 So. Fremont Ave. Alhambra,CA 91803 Galleria Treatment System City of Redondo Beach $ 246,761.00 10/27/03 Michael Shay 415 Diamond St. 310 318-0661 Redondo Beach,CA 90277 Plaza Del Arno,224th&Avis Ct. City of Torrance $ 16,645.30 11/4/03 Tom Cook and 421 Calle Mayor 3031 Torrance Blvd. 310 781-6900 Torrance,CA 90509 Vista Industria&Alamada St. Los Angeles County $ 23,226.97 2/13/04 Monroe Williams 900 S. Fremont Ave. 323 233-3330 Alhambra,CA 91803 Beethoven St. City of Los Angeles $ 297,717.50 To Begin Andy Flores Urban Runoff Pollution Removal 200 N.Spring St. in Oct. 213 847-5025 Los Angeles,CA 90012 Upper L.A. Watershed City of Los Angeles $ 1,249,802.00 To Begin Scott Hare Pollution Removal 200 N.Spring St. in Oct. T 213 847-5228 Van Nuys/Canoga Los Angeles,CA 90012 F 213 847-5019 Arlington Relief Sewer City of Los Angeles $ 1,576,605.00 In Andrias Badalian 200 N.Spring St. Progress 213 847-8425 Los Angeles,CA 90012 Low Flow Diversion at Rose County of Los Angeles $ 499,050.00 In Sam Assoum &5th St. Dept.of Public Works Progress T 626 458-3197 900 S.Fremont Ave. F 626 458-2197 Alhambra,CA 91803 Manchester&Avalon Blvd. City of Los Angeles T&M 9/28/04 Robert Nussbaum Emer.Sewer Repair Wastewater Conveyance Eng.Div. 213 847-9691 650 S.Spring St. Suite 900 Los Angeles,CA 90014 (For federally funded projects,use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director,officer, or manager(initial the applicable selections): Will ensure that 10%of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10%of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: Clarke Contracting Corporation Contact Person: John J. Clarke, President Contact Phone: (310) 542c7724 Signed: Date: 10/3/04 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK e. , 2004 To: 7'PfD��SJ/D.JR-L y�72.!/IGE �itcc.J7n-iE�S Enclosed please find your original bid bond issued by 1-'l,�aw 6z 7- M,AFM1y 6� �i4 �1LfI>�� for . Joan L. Flynn City Clerk JF:pe Enclosure g:/folloNtiup/cashcont/retumbidbond.doc (Telephone:714-536-5227) ZURICH Fidelity and Deposit Company of Maryland One Liberty Plaza, 31 st Floor New York, NY 10006 BID BOND KNOW ALL MEN BY THESE PRESENTS: That Professional Service Industries, Inc., 3960 Gilman Street, Long Beach, CA 90815 as Principal, and Fidelity and Deposit Company of Maryland, One Liberty Plaza, 31 Floor, New York, NY 10006, as Surety, are held and firmly bound unto City of Huntington Beach, 2000 Main St., Huntinaton Beach, CA 92648, as Obligee, in the sum of Ten Percent of the Bid Amount-----Dollars(---10%---1, for the payment of which sum,well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, The Principal has submitted a bid for Stormwater Treatment Project. Bid date is October 12,2004. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 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, sealed and dated this 6"' day of October. 2004. Witness Professional Service Industries, Inc. By' By: Fidelity and Deposit Company of Maryland } SHARON L.YATES B COMM.414MIS77 .s NOWyPub9C-C81*Wn1a w 9SIaally Phill' ,Attorney-in-fa .► ORANGE COUNTY -` My Comm.Exp.Aug 4.2007 Page 1 of 1 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 PAUL C.ROGERS,Vice President,and L.L.GOUCHER,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s lb� nate,constitute and appoint Francis J.CURRAN,Marina A.KENNEY,Sally PHILLIPS t i of Philadelphia, Pennsylvania, EACH its true and lawful agent and Attorne ec Is r,for,and on its behalf as surety,and as its act and deed: any and ert cu *on of such bonds or undertakings in pursuance of these prese 1 in ,as fully and amply,to all intents and purposes,as if they had been d t ac larly elected officers of the Company at its office in Baltimore,Md., ' er attorney revokes that issued on behalf of Francis J.CURRAN, Marina A.KENNE' , I OAK,dated August 9,2002. The said Assistants e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of July,A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp Upo" 0 e By: L.L. Goucher Assistant Secretary Paul C.Rogers Vice President State of Maryland I ss: City of Baltimore On this 29th day of July, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above written. rra�aw.+ .y,�n.nrey ��RY* Dennis R.Hayden Notary Public My Commission Expires: February 1,2005 POA-F 156-0417A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of October 2004 Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The..Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 zurich.doc o L1 Wlip C.7 :v rj"&%-flInfbnwtton To Build On Engineering•Consulting• Testing 3960 Gilman Street Long Beach,CA 90815 SECTION C ' PROPOSAL for the ' CENTRAL PARK AND WARNER& NICHOLS ' STORM WATER TREATMENT PROJECT ' CASH CONTRACT No. 1257 in the ' CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: ' In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in ' the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The ' undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. ' BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set ' forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids ' and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ' C-1 ' If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ' 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Doi J&IP amount f °6� Accompanying this proposal of bid, find U//D in the am o $ which ' said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ' Addenda No. Date Received idder's Signature 1 C-2 ' 10/04/2004 02:52 7143741573 CHB ENG PAGE 02/05 City of Huntington Beach ' Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE ' For CENTRAL PARK AND WARNER & NICHOLS ' STORM WATER TREATMENT PROJECT, CC 1257 October 4, 2004 ' Notice To All Bidders: ' Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Revised Bid Schedule (Corrected Error in Bid Item 916&17) ' Fixed Cost for Item#16(Landscaping) No Fixed Cost for Item#17(Tree Removal and Replacement) This modification does not change the Engineer's Estimate for this project. ' This is to acknowledge receipt and review of Addendum Number one,dated October 4, 2004. Company Name y Date ' All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Douglas A. Erdman at(714) 374-1735. t 10/04/2004 02:52 7143741573 CHB ENG PAGE 03/05 PROJECT BID SCHEDULE te'nti�.: Otte U � �ii»utii'No: b1: �iri�tep ia:t+� 1 1 MOBILIZAT10N L.S. n fi��,'fodc l.s�,r.✓o, Aa Wwwedo'woollaarrsr,✓>,r $ S411`f -0 $ Cents ^- Per L.S. 2 1 CLEARING/CiRUBB1NG L.S. @ (gymwet'- Alr 4wrow/o Dollars $ `7j SOO $ ?,500 Cents Per L.S. _ 3 1 TRAFFIC CONTROL L.S. l� orb �iy.>r✓o, A."V'00'r'a Dollars $ 19,800 $ 1?,800 Cents Per L.S. 4 1 DEWATERTNG L.S. @ rvt-e! V-f'f Dollars $ NO,OOo— $ g0/000-1- Cents Per L.S. S l SHORING&BRACING L.S. c ��E p,l0 $ 181000 $ 183,0 Cents Per L.S. 6 2 Purchase&Assemble CDS��MODEL�PSW70 70(l -1.& 1-R) EA. Ca ��✓r/�y.✓�dD ?�/rin/�7HOd/An/D Dollars $ 10 9 I OQO $ t$,P 00 Ccnts Per EA. 7 2 Purchase&Assemble CDS MODEL PSW50 50 (t -1.& 1-R) EA. @ 66Vj0,✓ Y1 i V 55✓MJ✓li✓O Dollars $ '7 6,000' $ 1 9::?,000 Ccnts Pcr EA. 8 3 Construct Cast in Place Diversion Wicr Box Structure EA. (a), 16,000 $ N81 000 Cents Per FA. 9 1 Rcrrodel Existing Manholc/Construct Diversion Weir EA. al ylafGddya/ Dollars $ I,400 ' $ I,y00� Cents Per EA. 10 7 Install Maanhholc,Frame&Cover, Pressure type EA. (a %!✓rr//��r� �d�cl.Q�� Daliara $ o?,SOO $ 17,Sb0 Cew-i Per EA. C-is I 10/04/2004 02:52 7143741573 CHB ENG PAGE 04/05 PROJECT BID SCHEDULE te�i srwtl x�m.wrt ut4x :pt� F, i�v t:�`ir! FR4�1 _ 11 2 Install Manhole.Frame&Cover.Grate type EA. IWo- A�lg iDollars $ 9 o(j $ Per EA. 12 950 Roadway Pavement Repair,Section per plan S.F. �� Dollars $ 10.00 $ Cents Per S.F. 13 750 Park Walkway Pavement Repair,Section per plan S.F. ( Dollars $_3.00 $ Cents Per S.F. Removc/Abandon Existing 6"VCP Sewer&Relocate per plan 14 65 (Bid item includes all appurtenances) L.F. (a, wlEt! G/G/�' Dollars $ '^ Cents Per L.P. 15 4 Brick&Mortar Bulkhead of Ex Storm Drain EA. @ 6L Aawt-'e- Dollars $ S00— $ .2,000— Cents Per EA. Repair/ReplaeeLandscaping/lrrigation including Sod(species to be 16 1 determined) L.S. Fifteen Thousand Dollars 15$ ,000.00 $15,000.00 No Cents Per L.S. Remove Ex IS"Dia 1 rcc&supply 2-24"box replacements(size 17 1 &species to be determined) EA. (a) [Li✓E>EE� Un/�.�d?� Dollars $ 119 00— $ 1,900— _ — Cents Per EA. 18 1 Clean ExisttingJS�JS&install ceirieveling Epoxy EA. @ Dollars $ 600 $ 600 — Cents Per EA. 19 6 Install Conc.Pipe Encasement at pipc,junctions EA. @ Ae—low 5100 ^ $ .2,`/00 Cents Per EA. 20 4 Constrict Junction Structure(Type C)per City Std. EA. al ,!/dw /.✓�.�lQ Dollars $ 700 $ 4800— Cents Per EA. C-2s ' 1010112004 02:52 7141741573 CHB ENG PAGE 05/05 PROJECT RJD SCHEDULE Reft fvrialten:1ti:Y�'01'dc:; dP>t?iC tlRtoutft 21 1 Install CLEAANSCCREEN dcbris catch basin gate EA. t� ���� ,�r/DLdD Dollars $ l%DO _ $ Ccris ' In Insta 22 28 ll 124 24"RCP L.F. @ wi✓�_�__Dollars S /960 ___,Ccnts Per L.F. 23 12 Install Precast 2'x3'RCR , ' L.F. �°; � deLD.I/©. IV tJ��/d.✓�.� Dollars Cents ' Per L.F. 24 / L Dollars ' Cents Per 25 / ' a Dollars Cents Per Total Amount Bid in ri es: $ 92 0 9 0Word s' ' __.....Total Amount Bid in. ..... -_-- .. �lQ, _. .. �nlrY-e..moo.............. r 1 / O ' C-3s LIST OF SUBCONTRACTORS ' In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on ' said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. ' E Name and Address of Subcontractor State License Class Number 4F; ft n/ Q O O41 O.✓ct��J � �« �i3i s. its✓ 9 6 o/4 9 1 1 1 1 1 B submission of this proposal, the Bidder certifies: Y p P ' 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. ' 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds famished 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 ' " i '--/ , bein first duly sworn, deposes and says that he or she is ie >< �� �� of ,�«r.U..✓� ���.v� �>,.r/vtr the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, ' connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization,bid depository,or ' to any member or agent thereof to effectuate a collusive or sham bid. Wcs 67-- Owe ' Name of Bidder S tore of Bidder Y 1 �Q60 G17,o'V <.J Jr Z41 64 904p/i Address of Bidder 1 Subscribed and sworn to before me this day of �Cf�e°'�- , 200. ' SHARON L.YATES O COMM.014335n m WNotaryPublic.Califomia NORANGE COUNTYNOTARY PUBLIC MY C=n%UP.Aug 1,M7 NOTARY AL ' C-4 1 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 Central Park And Warner & Nichols Storm Water Treatment Project, (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. i Zf6fJ/On/9` Contractor By E ' Title Date: C7�1 ' 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 that 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. /,lOFEJI/e,✓stL (/E2�a� i�c/Dd1l.�lE1' ' Contractor By ' Title Date: 1 ' 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 1-8004224133 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: /�D�EJJ/O�✓�(�' dzol�e,$- Bidder Name Bi am J960 dC"V,-,7,j cfl;". Business Address 4 .�,e City, State Zip r97—S9' 77 ' Telephone Number 7/6 903 �, ' State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 4,,seo God�Ja l of our office on �C 1 -� , 20 0T The following are persons, firms, and corporations having a principal interest in this proposal: .. J 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. /.LOfE1.sYo�/AC VET/GF �,C�/p�/1/GiQ`J Company N Signature of tor Printed or Typed Signature Subscribed and sworn to before me this /-2 day of ©to/« ,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: 02306 -no,.�ro Avv� 1• //.r/e��� (l�,s>�.� ��c �l�r2dr��' t. � �c-r�c�� e 9G8o 9 Name and Address of Public Agency ' Name and Telephone No. of Project Manager: c�srd %ce-,�1 ��-�' ` 5?1. -2,363 0�9,000 6y01c.4,1_ ;<&J 4/e'e'w'o Contract Amount Type of Work Date Completed s3rn To�E' — 6TO Ft oo 2. �� �,✓Ge rl //.Ui,�i�� CJe voe� f�,v>,cic> 3ss'V c a A -gym � C.o3 ntilC&tZ I G 9 007/ Name and Address of Public Agency Name and Telephone No. of Project Manager: AVE,�/ t.2/3 • G 33- 7(.70 Contract Amount Type of Work Date Completed 1 /�,r II&IMIAl/ Name and Address of Public Agency ' Name and Telephone No. of Project Manager: IIA144 U OI.--lJ .24-oriC �/lA,oi,✓ l'r���c�rc/icAc, (-ram/Q^&r r 10Afl ' Contract Amount Type of Work Date Completed # 4rr - IVlWY Axr Q �«1 Xx- r-�,es-cr %wEerJ zy'�e- d°Ezt.z. ' C-10 r l� (For federally funded projects, use this following page) ' BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 2002, tSECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of e ' certifies that except as noted below, an person associated P tY P rJ�', p g y ' therewith in the capacity of owner, partner, director,officer, or manager(initial the applicable selections): X Will ensure that 10% of all new hires as a result ' of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of ' 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. ' This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: /L�<�'�i��.✓,� ��iLdi��_ y�.»,G.`y1 Contact Person: �.A�� ccJ Contact Phone: cT6" — 5'9��7—.3 9 7 7 X,'Lll Signed: ' ' Date: ' *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to ' Section 3 of the 1968 Housing and Urban Development Act, as amended in 2002 (HUD). ' Previous non-compliance with Section 3 could result in disqualification. ' C-11