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SRD ENGINEERING - 2003-12-15
• City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO:' THOSE LISTED HEREON FROM: Sudi Shoja, Construction Manager'_" DATE: April 7, 2004 SUBJECT: Retention Release Payment Company Name: SRD Engineering, Inc.. Address: 3578 Enterprise Drive City, State and Zip Code: Anaheim, CA 92807 Phone Number: (714) 630-2480 Business License Number:A 217588 Local Address: NIA Notice of Completion Date:Pending Contract Purpose: Retention Release for Cash Contract 1220, Ellis Ave. Drainage & St. Improvement 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 ub'ect at this time. 1 rg et 14 Date Robert F eardsley, Public Works Director certify.that there are no outstanding invoices on file. �}-ZS - DLi Date I Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. zo'/� Date e2,aJa a r� , City Clerk retention release memo.doc 4/7/2004 3:07 PM PLEASE COMPLETE THIS INFORMATION • RECORDING REQUESTED BY: Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder !IIIII 111!!Illli IIIII I!I'll IIIII II!Il il!II!IIII I!I!I 1111!I!!II INII NO FEE 200400022657511:1 lam 03119/04 AND WHEN RECORDED MAIL TO: 103 110 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 _ THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: I� NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to SRD Engineering, Inc. who was the company thereon for doing the following work to-wit: ELLIS AVENUE DRAINAGE& STREET IMPROVEMENT PROJECT; CC-1220 That said work was completed March 15. 2004 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on March 15, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge._ Dated at Huntington Beach, California,this March 15, 2004 pv� Lao r Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County RecorderLofnge Count . Dated at Huntington Beach, California,this March 15, 2004. , Director of Public Works or City Engineer City of Huntington Beach, California Correspondence File THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 0*.059-TITLE PAGE(R7195) 03/15/2e24 10:12 7:4374:573 CHB ENG ACE @4/0- j7ECLARATION OF SATMEAC oN 6E CL.AIMs I, state: (N arCortbacMrl i. I am the general contractor for the City of Huntington Beach, as to the project more fully described In the public works contract entitled_ and dated 2. All workers and persons employed, all finis supplying materials, and all subcontractors for the above-mentioned project have been paid In full. Z. The following are ellher disputed claims, or hems in connection with Notices to Withhold, which have been filed under..the.provisions of.the statutes of the State of Califatnle: Of none,state'NONE"} I declare undee penalty of pequry that the foregoing Is true.and correct. Executed at_ �tyg- `Z 'day of 20�.� (Lvcabon) (&pafure of ConbicW) APPMVEDAS TO FoR?4 ;E, TFSR M4UTH,Ckj'An�m y 9Kallorwp►=shaontlmshcflr2.dac ��akY�� � 11�[§ Fraccd+ua 015 y I 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 Vill of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor-on: CC -I2.?s7 . rc �.JR�,�ra,rtE t. STaa: �M�W.16�r1G.!'-r Project No. Tajo 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 Me) APPROVED AS TO FORM 1E FER MC7.ML CttyA&=W uty ' Attoeaay 12-/Y/03 g:fcllowuplcashconNcashconl.doc procedure 014 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (NamiT after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer �1 FROM: r.LrPu` 1 �Y�GE�C. DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) / Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. ' Maintenance Bond No. Lin �i -69111-- (� t Re: Tract No. CC No. MSC No. t f Approved11,5--1,03Agenda Item No. ( oa c&pprov 1 Date) City Clerk Vault No. 60 #27 gafollowup/lawdletter.doc Bond No. 09658607 MAINTENANCE BOND PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,that we SRD Engineering Inc. „ _ ,hereinafter called Principal,as Principal,and Fidelity and Deposit Company of Maryland ,a corporation of the State of Maryland ,hereinafter called Surety,as Surety,are held-and firmly bound unto City of Huntington Beach hereinafter called Obligee in the sum of Seven Thousand Six Hundred Eighty-Six dollars and thirty cents DOLLARS,(S 7,686.30 )lawful money of the United States of America,to be paid to the said Obligee, or its successors or assigns,the payment of which sum well and truly to be made,we do bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents, SIGNED,sealed and dated this 26th day of March 2004 WHEREAS,the Principal entered into a contract with the said Obligee,dated January,2004 for CC-1220 Ellis Avenue Drainage and Street Improvement Project . and, WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall remedy,without cost to the Obligee,any defects which may develop during a period of One(1)year from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. SRD Engineering Inc. ATTEST: Principal By: Fidelity and Deposit Com any of Maryland By: PvLad + iv 7k� David L.Culbertson ,Attorney-in-Fact CON80010CA0201 f APPROVED AS TO 0IL'ti+1: 210 ECsI".'IFER h1cGRATH,City Attorney I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange On 3-26-04 before me, Lexie Sherwood - Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared David L. Culbertson NAME(5)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 LI=XfI= 11111t OD capacity(ies), and that by his/her/their Qsignature(s) on the instrument the erson s , COMM,COMIut # 1s1134a p ( } Q NOTARY PUBLIC-CAUFO?,N!A�7 or the entity upon behalf of which the ORANCOMM.EXP. GEJCp`tiTYcJ5(} person(s) acted, executed the instrument. WITNESS my hand and official seal. SIG ATURE 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 Consent of Surety TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One (1) © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: _ 3-26-04 DATE Of DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSOWSI OR ENTiTY(IES) N/A Fidelity and Deposit Company SIGNER(S)OTHER THAN NAMED ABOVE of Maryland S 0590(4/94) 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 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 nate,constitute and appoint David L.CULBERTSON,of Anaheim,California, its true e A n-Fact,to make, execute, seat and deliver,for,and on its behalf as surety,and a 1' ° d undertakings and the execution of such bonds or undertakings in purs ent g upon said Company,as fully and amply,to all intents and purposes,a a d'u e wledged by the regularly elected officers of the Company at its office in n �ns. This power of attorney revokes that issued on behalf of David L. ed 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- ' y,and is now in force. L'�l 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 24th day of July,A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPOf�i �; �►or4 n Y T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland City of Baltimore ss. On this 24th 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 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. o s Dennis R. Hayden !Votary Public My Commission Expires: February 1,2005 POA-F 012-4150E 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 26TH day of MARCH 2O04 Assistant Secretary c Company Profile Page i of 2 "'"A re�rrt A Company Profile Insurance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 140o AMERICAN LANE, I9TH FLOOR TOWER i SCHUAMBURG, IL 6oig6-io56 800-382-2150- Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 8oi N. BRAND BLVD., i3TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 393o6 NAIC Group a: 0212 California Company ID it: 2479-4 Date authorized in California: January oi,1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utI.get_co_proPp_EID... 4/5/zo04 Company Profile SPRINKLER Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information y `tom. : 'ComIany.Enforcement Action Documents Cornpany Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised.-February t8, 7.004-03:13 PM. Copyright Q California Department of Insurance Disclaimer http-//cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_Utl.get_co_prop.p_EID... 4/5/2004 a y CITY OF9UNTINGTON BEACH • RLS No. REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date Date: Request made by: Telephone: Department: 415104 David Verona 8471 PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal ® Document Review Assistance (Ongoing) (Allow 2-10 working days)* *All deadlines are based on the date the City Attorney's Office receives the RLS. This re t as r viewed and approved. R E I E APR 0 7 2004 i nature o!?"Partment Head City ot Huntington Beach City Attorney's Office COMMENTS Please identify all attachments to this RLS. Please review and approve"As to Form" the following contract documents furnished by SRD Engineering, Inc contractor for street and drainage improvements on Ellis Avenue in Huntington Beach. Project CC 1220 1. Maintenance Bond #08658607 Shaded areas for City Attorney's Office use only. This request for Legal Services has been assigned.-to Attorney. ' extension His/her secretary is , extension Notes:. - j Date Completed: MAINT BOND.doc 4/5/2004 4:45 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 SRD Engineering, Inc. 3578 Enterprise Dr. Anaheim, CA 92807 Re: Ellis Avenue Drainage & Street Improvement— CC-1220 The City Council awarded the bid to your company for the above reference 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 2rior 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, Connie Brockway, CAC City Clerk CB:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:foUouu p`.cashcont+.cashcon-letter.doc (Telephone:714-53"227) 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 fled under the provisions of the statutes of the State of California: (if none, state"NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 24_ (Location) (Signature of Contractor) A PROVED AS TO FORM ;*f,P FER McGRATH,CnyAna my �b SUHM - f f c 3 g:fallowuplcashcontlaashcon2.doc "puty City Attantey procedure#15 City of Huntington Beach' Department of Public Works 2000 Main StreetlP.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vii of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Tale 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 True) APPROVED AS TO FORM TJEIFRER McGRATH,CeyAtbo�y su� f�3 GtyAttomw 12-IYr . g:fogowupleashconticashconl.doc procedure#14 t } RECEIVED BY: . • • CITY CLERK RECEIPT COPY C Return DUPLICATE to �;Ylrn S O ](:n City Clerk's Office (Name) after signing/dating C� y (Date) 0, CITY OF HUNTINGTON BEACH - � B INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenriicch,, City Treasurers FROM: -c -�IJ � DATE: -aD SUBJECT: Bond Acceptance I have received the bonds for s (Comppany Name) Faithful Performance Bond No. U �a Labor and Material Bond No. Monument Bond No. p yn1c7tI7 '-Nlaintt=narrct Bond Na. Re: Tract No. CC No. �V MSC No. Approved 4� Agenda Item No. E13 (Council Approval Date) CJ�(J City Clerk Vault No. O-, 1116-1900 #27 g:lfollowuplbondletler dQc -- - - --- NEW A STOCK COMPANY ESTA9LISHED 1000 and]1d ®sfl %.oinpaVr ` HOME; ORErI'CE Of MARYLAND BALTIMORE Faithful Performance Bond EXECUTED IN ONE COUNTERPART Public Rork BOND #08658607 PREMIUM: $929 (The premium charged on this bond is S 929 , being at the rate of S 12.50 per thousand of the contract price) s KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the CITY OF HUNTINGTON BEACH State of California, entered into a contract dated 19---_-_--, with SRD ENGINEERING INC. hereinafter designated as the "Principal," for the work described as follows: CC - 1220 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT PROJECT and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. ' Now, THEREFORE, We, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation orgainzed and existing under the laws of the State of Maryland, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF TINGTON BEACH SEVENTY—FOUR THOUSAND —� in the penal sum of THREE HUNDRED THIRTY—THREE & NO/100 E S Dollars (S 74,333.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, ex- ecutors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the....... CITY OF HUNTINGTON BEACH its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of the contract or to the work to be performed thereunder or the specifications accom- panying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this.-..:.__U1Iv._ ._____.__..-..._... day of JANUARY 2004 SRD ENGINEERING INC. BY: Principe! FIDELITY AND DEPOSIT COMPANY OF MARYLAND By_. - ._�..._-.__ APPROVED A TO FORM: DAVID L. CULBERTSON Attorney-in-Pert ) N)�I ERIMeORATH,City Attorney caita,ce�—apt. �1 ee ttv+s7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE. OF CALIFORNIA COUNTY OF ORANGE On 1-5-04 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON 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 . c1 L) `. ; LEXlE$HER 'O` D "Z., COM-M-# 1311304 NOTARY PUBLIC-CALIFORNIA Signa u of N16tary Public ''] ORANGECOUN;Y 0 +? COMM.EXP.JULY 27,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND rrrLE OR TYPE OF DOCUMENT N MEER OF PAGES ] DATE OF DOCOME21T 1—9—n4 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL, ❑ CORPORATE OFFICER TITLES) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE ($) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) r A BYOCK COMPANY— EB YABLIBH EO SBiaO �e e . 1 :j HOME OFFICE OF MARYLAND BALTIMORE � EXECUTED IN ONE COUNTERPART payment Bond (Section 3247, Civil Code) BOND08658607 ' (Premium included in faithful performance bond) PREMIUM• INCLUDED KNOW ALL MEN BY THESE PRESENTS: IN PERFORMANCE BOND THAT, WHEREAS_........THE.CITY__OF._HUNTINGTON. BEACH. __ ---------------------------------------------------------------------•--------...--•-••---••--------------_.._....-----------------------------------------------------------------------••-•---- has awarded to..............SRD ENGINEERING INC. as Contractor, a contract for the work described as follows-_CC _- 1220 ELLIS AVENUE DRAINAGE AND ST_REET IMPROVEMENT PROJECT _ k ••------•--•------•-----•-•---•-----•-•---•-----; ----------------•--------•---------------------------------- ----•----•---------•-----•-•----•----••--------...-•-------------•-•---•-•-------- AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract,to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, We the undersigned Contractor and Surety are held and firmly bound unto the CITY OF HUNTINGTON BEACH .. .----- ......................................................................... in the amount required by law, the sum of.....................-.........._....._.__ ............dollars (S-----7.4.133 AD--.), for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any-such claimant, that the surety or sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. IN WITNESS WHEREOF, We have hereunto set our hands and seals this........5Tli................................................. day of...:.......JANUARY...................... ..2004 ** SEVENTY-FOUR THOUSAND THREE HUNDRED THIRTY-THREE AND N0/100'S ............................................................................................... SRD ENGINEERING INC. j .--••-•-•-...... ; ROVA TO FORA: --..8 .............................................................. �� r 1�ID Contractor � FIDELITY AND DEPOSIT COMPANY OF MARYLAND. � J NIFERYYY McGRATH, City Attornc7 fix'-- � 1 .............. DAVID L. CULBERTSON Attorney-in-Fact c31711CM-200. 1249 229471 Pormoly CAL3177J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On I_5-04 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CUL13ERTSON 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 nd official seal . U LEXICSNERWOOD CO-',"A# 1311304 `NOTARY P;8'_;C_CAUFORNIA si re o€ otary Public ORAtiGECOUNTy CO-M-M.Etr.JjjLy 27, {)2005 0 OP TION2M Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND rXTLE OR TYPE OF DOCUNEM1' HUMS= OF PACTS DATE OF DOCU?MP �1_5-04 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER- SIGNER IS REPRESENTING: FIDELM AkQ DE NAME OF PERSON(S) OR ENTITY(S) i 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 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 mate,constitute and appoint DaN-id L.CLTLBERTSON,of Anaheim,California, its true il�e It n-Fact,to make. execute,seal and deliver,for,and on its behalf as surety,and a p ° d undertakings and the execution of such bonds or undertakings in purs p ent ` g upon said Company,as fully and amply,to all intents and purposes,a ifiv eta t�ledged by the regularly elected officers of the Company at its office in n h ' o s. This power of attorney revokes that issued on behalf of David L. =ej The said Assistant v2 at the extract set forth on the reverse side hereof is a true copy of Article V1, Section 2.of the By- y,and is now in force. IN WITNESS Wl- OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Sea!of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of July, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND- 'w0 9EPOs�i �w = Y T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland l s$: City of Baltimore f On this 24th 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 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. Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-4150E ZURICH THIS IMPORTANT DISCLOSURE, NOTICE IS PART OF LOUR 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 Availabili!y 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 901/o. 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 S 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: I. to be an act of terrorism; 1 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 a;part of the course of a war declared by Congress(except for workers' compensation) or property and casualty insuiance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational only and do riot modify your bond or affect your rights under the bond. Copyright Zurich American insurance Company 2001 surety terrorism disclosure nolicc Company Profile Page 1 of 2 onwr Company Profile Insu fiance FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CIO ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NAIC Group #: 02_12 California Company ID #: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND 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_. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://cdinsv&�,N&r.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co�rof?p_EID=6... 1/12/2004 t'Company Profile Page 2 of 2 40 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information I Company_Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help_Vie_Find a-Company Rep presentativ e in My Area Financial_Rating Organizations Last Revised-January 06,2004 05:33 PM Copyright 0 California Department of Insurance Disclaimer http:Hcdinswv4,,,A,.insurance.ca.gov/pIslwu_co_prof/idb_co_prof utl.get_co_prof?p_EID=6... 1/12/2004 . 01/12/2004 16:21 71457290 SRD ENGINEERING . PAGE 92/66 01/aB12004 23:05 7145787489 ARMSTRONG ROBITAILL.E PAGE 02/0fi 1rIlEf1Slllr'a a S DENGI D, CERTIFICATE OF LIABILITY INSURANCE PA I1 M4°"� Peaaym b0• c0 c) THIS CEFMFICA ! UM AS A MA'rMR OF INFORMATION Armstrong/Rabitallis IOLIa81R1&v ONLY AND CvriFM NO M*KM UPON THIR 1011111 MCA% 080 L.angsdorf Drive,SUN 100 HOLDM THIS CBtiTIFICATE OM NOT AWND, EIC UD OR -'ry �j` AK VPIUJL7 ALTER THE CGY6RAD6 APMRDfiD BY THE POUCI1% MOLv. PO Sax 3A009 Fullerton,CA SM4-e4p9 4* Ob )� IN&iJ FN APFORIo�COVE WG waulae nvsullaR k Steadfast In4Taran9a Co, BRD Engirlaering,Ina. COPY mrl,rp�nel Atta ran Inst�rarrce Ca . 1=0 Yorba Unda Blvd.,#10 `.! n4suRaR c D�� O [tisurance Ca. Yaslss tlnda,CA 9Zil80i-�+ igx�A&}n�-I — nsatlen nab nd - /—d6 -p yL meuRSR fr r I — . �Na�nenrarre GwrMs -itauranoao. COV6RAOM THR POLICI69 AP INSUR,ANGH LIVED MOW HAVE SM ISSUED TO THE INSURGp NAMSD A=V0 FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 1ABOUREMMMT. TMO OR COMWI10N OF AWY CpP1TMACT OR OTHER DOcumE+R WTfH n0PHCT TO YJMILN IWO CL'RTIPICATE MAY Or;;$SUED OR MAY PI MAIN, THE INSURANeR AFFORDED 9Y rrO FO1.1053 EUC14186D HEMUN IS 5UEI Cr TO All. THE TERMS,EKOLUMNS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UWrS SHOWN MAY HAVE BEEN Rtou=D BY FAID 0LA1M9L _ T 111 M a CXMIDURMCH MUMRWJSA lt1AlTS A �awRAL umurr SCO36MG9203 10/29/03 10/2"4 EACH OCCURRENCE x ODIYMI6RC1AL0eNMAALL1A3ILnY # AMtlAMlAt3e 1uy�,anre1 I s80.Atyt1 CIAV Ia MAIN 0=1JA I MCO UP Pur F"r•r-M) is ._ ---- �,�._ .._.,_ r�sc�.•o+r muu�RY ._;a1�00Q,000� - �. rOENERAL ANR>ATTC 0, bO,DOp aEl11.AGGREGATHL1MUTAPPLIMP { I •COMPyPAGG $2 000 000 m1py.x 10M LOO B ' &"Oalueunit" 010324TT642 j 1012$/03 1=5104 'comwIv oem�L--umrr XjANYAUTfl :Ieeaee+�anft 4s1,004,0a0 AU CWMAUT'Od I I I — 60Me0u�6D 7 RIA&'OAUrDS +l�Ip1LY>tY.IURY �( y �p�g I 1pafeCCleOrgl .- I , H6►Y�CAMAGe I� 01JIA09 LIABILItY I jUMONLY.SA ACOIDLMIT -s P.ANY AUTO I 1 -UYtl � EA ACC i S q aNlr. AGQ C EXCRIDUAMWY FSU0000209 10/2S/03 10125f04 Q110H0f1p "wCffi 31,000,000 OIICIIR CLAWSRAD}4 I A w• fE a ��Q,��- f T tleouCTasu3 k I — a y, _ oM s D i w0IIAMCalllPe4A'11QNAw 4M170,4 01/01f04 01f0ifos p�PlarfR LIAalurr eLeACl+nccID6NT 61~,000,000' e.L,nl IWZ•EADOIDM$1,000,000 `sue Pau.. u�+Ir 1 00 Ot10 & orNsr+ Equipment 4it6808081C9$'�OTIL02 10/25103 1010104 $330,000 Max Per Item �entedll.assod $1,000 Deductible D1I1111ROR CW9PW"WS1L0W0dMWCMft=MUWM AMIND 6Y W COR3ElA94i7aIMMM PROVISIOM Ras Jab 023129,Ellis Ara.Dralnago and Street Improvement,Cash Contract 1220 AP OVED AS TO FORM: I The City,Ifa alfleare,ataated or sppvlrtted OffWals,emplwleea,sgoats, I/1AlaY and voluntmers ara honmd Ss additional Inaureds as reopeots general liability and thlo in Mri surwme i9 primary and neneobutory with antr vt wr ej NIPER 41cGJRA'TtHZ'CityA t8as Aftachaa V"crlpt%rs1 COMIDA'MMOMM e ,AX0&&&= wfomaMYOFTHRARMUESc:MIMPOLI'MISRSUNCILMSEF'GRETHEENIMS M . City of Huntington Beech 9ATE THSIEW,THR MUM INSURER WLLXMWMftVMAIa.30 aAYEwfIITMR 2000 midn'street PO Box ISO NVI109TOTHi C11RfIFlCATE ROLDERNALIED TOM Ll!Pr,N U6410gee1 C MMADIRMUMM Huntington Beach,CA 02649 113191011 a memavbm A R&WENTATIVE ACORD 2"(7"1 of 3 #8227 22125E KVO 0 ACORD COAPOFtATION 1994 01/12/2004 16:21 714572830 SRD ENGINEERING PAGE 03/06 01t0Bt2 004 23:05 7145787489 ARMSTRUNG RUBIYAIL0 PAGE 03/06 IMPORTANT it 00 cart irate holdor la an ADD171014AL INSURED,the pofty(Ies)must be endorsed. A statemard on thlo cartlficata does mat center rtght9 tu the certi WIs holder in Ilau of such endorsement(s). If SUBROGATION IS WAIVED, subject to tho terma pnd condlttons of the policy,certain policies may require an endorearnant. A statement an this cert7icede doaa not confer rights to the certiricata holder in Uou of Such endarSemettt(s). DISCLAIMER The Cartlfteata of Insurar m on tho reveraa alde of this form does not oanstitute a oomtract between the Issuing inaurar(a), authorized repra►s4ntativa or producer,and the cortincate holder, nor does it efflrmatively or nogathrely amend, extend or altar this eovarage afforded by the policies listed thereon. aottz.a(rAM2 of 3 08227544/M221255 01/12/2004 16:21 71457215 5RD ENGINEERING PAGE 04/06 01/05/2004 23.05 7145797089 ARMSTRONG RCIBiTAILL� PAGE 041a6 DESCRIPTIONS (Continued from Page 1) insuraneo of the addltlonal Insured as required by writtom coMrast,per andorsamorA nttaahed.11ndorgetnant for wxlrer of subrogation as rospec% workers compenoffuon will fellow brn aarrwsr. AAS au(Q7/M 3 of h #82276"0=1255 01/12/2004 16:21 7145728* SRD ENGINEERING PAGE 05/06 e1/05/2004 23:05 7145787489 AFMTMnMG . R13BITAZL1 PAGE 05/06 ZURICH Steadfast Insurance Company M of ML p par. WZA= 8C0 3670062— 03 , 10/25/ 03 z0/25/ 04 10/25/ 03 7S40MDO lo/73/ 03 0 Named1mured: SRD ENGINEERINC AddftiotW b=nd-Owners,eft/ .utomattc Sttatms Per CoEtMct(bcludin Conap1ded Operations) THIS ENDORSL1YiE1VT CEWNGES THE POLICY. PLC READ IT CA'REF[UY This endorscrneat r aiffles ia�provided under•dm- Commembl General Liability Coverage Part Products-Completed Opamfloea Liability CovermgePart A. Who is on h=W(Section 11)is am=ded to ixAclude man kamnd any person or orgarf=r on for wh=you lwforrm operaions wbm you and=h pctsoa have agmed la writing in a 00nmact or aS=rrrent that m rh person or argnattxon be added as an ad4dotW insured onyaur policy, Such,par m or ouvarrh6m is an additional timed • only with respwt to y arising out of` ►our work"perf=cd for that bumi B. With M pect to the irimmee afforded these additiwW insa &,the!hllowiv addiidand adusim applies: m�dos not apply Ur "Bodily lazy"jnp!*&Wger"i=nal NN W'or"advm*W 4M)�'aril out of there daring of or the Mure to render,any pro£essiod arrhi=e eargit=ing or surveying services,including+ 1. 'flue preparing,approving,or Wft to PmA=Of a??Arov ,npl SIXT lh ,ogitrivns,reports,surveys,field orders,rtra Se orders or dravvi p and specifcabm;mid �. SrY�� �,arcl�itectxaal or engizrcedxrg activlti�. Counterwiped YLt7pr� CplClla�tQLiYO M-CQt.•1671 3 CW(TW$t 01/12/2004 16:21 7145728f SRD ENGINEERING• PAGE 06/06 01/05/2004 23:05 7145787489 ARMSTRONG ROBITAILLE PACE Ej6106 70RICH Steadfast Insurance Company Na m• POE. --ww0kT-E-0FP04 WDATEOF PRCOOM DATE 0—M-0 WRIT sca 3670062-03 10125103 10/25/04 10125/. 03 754aG0o 10/ /03 0e Named Imurtd: SRD EIGGIN ERT?NG A,clditionol Imured-Pertork or OrgaaWoa(De*ated) Prima ry/Nan-Coatn'lutary Iwsuranee 'i MS ENDOI SDENT CE ANGES THE POLICY. PLb',M READ rr CARMUY This cadnrsememt moMes insta=provided under the: Commett ial General MbMt f Coverage part SCHEDULE Name ofPa=or0=gautization: Par'aarttiicate attached. Who Ls AnYnsw,ued(Serdmn II)Is2mmided ro Mude as an hRuld dre peraort aroRanWdonshffm in the Scldule,btt OZIy with r RWA to liability atiRR out of yaa work ar pati?n=ownW by or rerced to yatt Also,the lm=ce pravided by ft Policy WW be prudery ar d ntrtmntributaiy it m= inn curdy 291 a clairrr, loss or liability mWq out of hued operations or work on behalf ofyou pMftt ed MXkf an'`itmlmd cwgra betwmn you and the pe=or omen shown in the Schedule above,chat regdm you to mabttak such pdnzy end nan- rAnt ri'bt"irsur=and to hmllude ftt as an additional i=m& Cota�terstga�d $rortted epre-mtadve '�. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: CC-1220 Ellis Avenue Drainage & Street Improvements File, FROM: Duncan Lee, Associate Civil Engineer DATE: November 20, 2003 SUBJECT: Reference check for SRD Engineering, Inc. 18200 Yorba Linda Blvd., Suite 100, Yorba Linda, CA 92886, 714 572-3660 SRD Engineering, Inc., A: River County of B:City of Redondo C: City of State License No. 644233 Flood Control & Beach Huntington Beach Class: A Water Conservation Name:Michael Shay Name:Steve QUESTIONS District Phone: 310-318-0661 Krieger Name: Dole x2455 Phone: 714-536- Anderson 5259 Phone:909-955-1288 1 Did contractor work well with your agency? Yes Yes Yes 2 Did they change personnel during the job? -- No -- 3 Were there any problems with No No -- subcontractors or suppliers(stop notices)?_ 4 Did general and subcontractors work Yes Yes -- consistent!y on the project? 5 Was the project Completed on time? Yes Yes Yes 6 How was the Quality of the work? Great Good Good 7 Would you hire this general contractor Yes Yes Yes a ain? at-?# 8 Are the contractors' and subcontractors' , �� } ` �dr licenses current and verified with State � :` �� 4�= . '` ck ¢ : x €e�'---r N Contractors License Bureau?Yes, x N7X �NIA F= r N/A ° A _c r any n nx (Contractor&Subcontractors' licenses are current and active), ,�i� xrrd F �"' { ,�Mk - tax •� � i'';R N[.��is '� ��� _ "{"' i, a -1--� °E '��.' . 1' �tw jx 'x E 9 Are there any citations or ud menu on file bf against the contractor with the Stater #=NIAP MY Contractor's Licensing Board?No £ xt „ t R -31 Hope to hire them 10 Comments: more often in the Good Work Good Work future A: Project& Contract Amount: Pedley-64m Street Storm Drain, $69,020 B: Project & Contract Amount: Nelson-Perkins Storm Drain, $58,690 C: Project & Contract Amount: Various Improv. To 5 Catch Basins in Downtown HB, $65,236 CxkConstraction Contracts(CCs)ICC 12MContract Reference Check-CC-1220.doc T • City of Huntington Beach Project Name: Ellis Avenue Drainage & Street Improvement Public Works Department Bid O ennin p 9= Month Day, 1994 C� Time 2000 Main Street, P.O. Box 190 Engineer's Estimate: $74,162.00 Huntington Beach, CA 92648 Cash Contract# : CC 1220 BID SUMMARY SRD Engineering, Inc. Southern CA Underground EXCEL Paving Co. Sal Construction, Inc. Bidder 1 Bidder 2 Bidder 3 Bidder 4 .................................................:................... ... '°°EEnit: ° ° lTriit:::°:°:':°: ':= °:: °=tS ' ':' :-.:.:.-.:. N. =°°:°p ion:':':'°::°°°:':°°,` rit ::: °° - ... alit&:'::-: riE : °Aniciitr t !°:°: ::.:: :::::: '° :-,:::P:. :::::-: :: ::--A ::u::nt.:: :..:.::.:.:.::.....::.....:...:.:.................... .. escn.t .. .... ........... ..Qua ..... �t1. ... Ai(n .. ..P e..°�:-'::... ... ....Pr1 a :-::°. motinE°:°:� � .tl . nlarwt T ization 1 L.S_ $8.000.00 I $8,000.00 S13,000.00 , $13,000.00 510,000.00 $10,000.00 SJ,000.n0 I $9,000.00 c Control Plan _ 1 L.S_ $2.340.00_1 $2,340.00 S2.000.00 $2.000.00 $2,300.00 _ $2,300.00 51,200.00 $1,200.00 sh Project Traffic Control 1 L.S. 57,800.00 57,800.00 53,000.00 $3.000.00 $3,400.00 $3,400.00 $2,400.00 ! $2,400.00 ove&Instal! 18"RCP 2000-D With Concrete Encasement 29 L.F. 5200.00 $5,8oD.00 514f?.(}i} . $4,06Q.00 522700 $6,583.00 S21I.00 56,293.00 . 0 00700 ove&Install 18"RCP 2000-D 206 L.F. $100.00 $20,600.00 S1:i5.00 $27,810.00 515600 $32,136.00 5168.00 $34,608.00 ove&Install_Concrete Cross Gutter 1464 S.F. $8.75 : $12,810-00 _ $8.00 , $11,712.00 510-00 ._ $14,640.00 $3 UO I $13,176.00 7 Remove&Install Concrete Curb Adjacent To Cross Gutter 87 ! L.F. 525.00 $2,175.00 S30 00 i $2,610.00 $40.00 $3,480.00 _ s30.00 i $_2.610.00 8 Remove&Install Concrete Sidewalk 240 ! S.F. $9.20 ! $2,208.00 S(3.00 : $1.440.00 $4 50 I $1,080.00 S14.65 j $3,516.00 9 Remove&Install Junction Structure Type"D" 2 I EA 53,100.00 ; $6,200.00 S4,000.00 ' $8.000.00 $3.400 00 I $6.800.00 54.250 00 I $8,500.00 10 Remove& Install Catch Basin With 2"Gutter Depression 2 EA 53,200.00 ; $6,400.00 5!J,000.00 $10,000.00 $4.500.00 $9,000.00 54,2oo.00 $8.400.00 11 0 0 I 0 50.00 ; $0.00 SO 00 i $0.00 50.00 I 50.00 Sn.00 `. $0.00 12 0 0 ! 0 s0.00 $0.00 soon ; $0.00 s0.00 I $0.00 S0.00 I $0.00 13 0 _ 0 I o _s0.00 I $0.00 _ S0.06 i $o_D0_ so.00 I__ $0.00 so 00 _ $0.00 14 0 0 0 S0.0o I SO-00 50.00 ` $0.00 50.00 I $0.00 S0.00 I $0.00 15 0 0 ; 0 50.00 $0.00 S0 00 $0.00 50.00 $0.00 5(}.0❑ I SQ.QQ 16 0 0 0 50.00 I $0.00 Sow $0.00 $0.00 $0.00 $0.00 j $0.00 17 0 0 0 S0.00 I $0.00 so.(?o I $0.00 $0 00 $0.00 50.00 I $0.00 18 0 0 0 S0 00 I $0.00 sn.00 j $0.00 S0 00 $0.00 $0.00 ; $0.00 19 0 0 0 50.00 ; $0.00 50.00 I $0.00 SO 00 $0.00 $0.00 $0.00 20 0 0 0 50.00 $0.00 $0.00 ; $0.00 $0 00 $0.00 SU 00 $0.00 21 0 _ 0 0 SO.DD i $0.00 s0 Do I $0.00 50.00 - $0.00 $0 D0 $0.00 22 0 0 0 S0.00 I $0.00 50.00 I $0.00 SO.00 . $D.00 sc1(}0 $0.00 23 0 0 D sn.Do $0.00 50 oQ ! $0.00 s0.00 SQ.00 SOAR) $0.00 24 0 0 0 50.00 I $0.00 s0.(i(} ; --$0_00 - - S0.0a 1- $0.00 SO.00 : $0.00 25 0 0 0 S0.00 I $0.00 S0 00 ': $0.00 50.00 I $0.00 s0.w I $0.00 Total Bid: $74,333.00 $83,632.00 $89,419.00 $89.703.00 Page 1 J City of Huntington Beach Project Name: Ellis Avenue Drainage& Street Improvement Public Works Department Bid Openning: Month Day, 1994 @ Time 2000 Main Street, P.O. Box 190 Engineer's Estimate: $74,162.00 ` Huntington Beach, CA 92648 Cash Contract# : CC 1220 BID SUMMARY L H Engineering, Co. Savala Construction,Co. Paulus Engineering, Inc. Atlas-Allied, Inc. Bidder 5 Bidder 6 Bidder 7 Bidder 8 an# ' Am 60 a .ht .... 1 Mobilization 1 L.S. 51,872.00 1 $1.872.00 55,720.00 I $5,720.00 $12,000.00 ! $12,000.00 $8.500.00 $8.500.00 2 _ Traffic Control Plan 1 L.S. 52,600.00 __$2.600.00 53,300.00 j $3,300.00 $2.200 00 ; $2,200.00 53.40O.00 I_ _ $3.400.00 3 Fumish Project Traffic Control 1 j L.S. 514,560.00 $14.560.00 52,750.00 : $2,750.00 52.500 00 : $2,500.00 $13.500.00 ' $13,500.00 4 Remove&Install 18"RCP 2000-D With Concrete Encasement 29 L.F. _ $356 83 $10,348.07 $193.60 $5,614.40 _$2 i`).44 _; $7,975.00 5275 40 $7,975.00 5 Remove&Install 18"RCP 2000-D 206 L.F. $104.76 . 521,580-56 $169.40 $34,896.40 5190.00 $39,140.00 $222 00 545,732.00 6 Remove&Install Concrete Cross Gutter 1464 S.F. $8.06 . 511,799.84 $13.20 $19.324.80 $10.00 $14,640.00 $11.00 $16,104.00 7 Remove&Install Concrete Curb Adjacent To Cross Gutter 87 L.F. $91.15 ; $7,930.05 $33 00 _ _$_2,871.00 $39 DU $3.393.00 _ $34.00 $2,958.00 8 Remove&Install Concrete Sidewalk 240 S.F. $23 29 $5.589.60 $11.00 - $2,640.00 S9.a0 '. $2,160.00 $11 00 $2.640.00 9 Remove&Install Junction Structure Type"D" 2 EA 55,369.00 I 510,738.00 53.300.00 , 56,600.00 53,325.40 ; $6,650.00 53,500.O0 $7.000.00 10 Remove&Install Catch Basin With 2"Gutter Depression 2 EA 53.965.00 _ $7.930.00 $1.1.50.00 ; $14_.300.00 53.800.00 ' $7,_600.00 $4.250.00 $8.500.00 11 - 0 - - - -- 0 -,- - 0 s0.00 SOLO SO DO ':-- $0.00 Sow , $0.00 $0.00 $0.00 12 0 0 0 s0 OD $0.00 $0.00 $0-00 s0.()() ; $0.00 $0 UU : $0.00 13 0 ------ - ---- -- 0 0 50.00 SO-00 - $0.00 $0.00 54.00 ; $0.00 $a.ot1 j $0.00 14 0 0 0 $0.00 I SO-00 $0.00 > $0.00 50.00 $0.00 $0.00 i $0.00 15 0 0 0 $0.00 -- - -so 00 $0.00 - $0.00 50.00 _so.00 $0.00 j $0.00 16 0 0 0 $0 00 $0.00 $0.00 1 $0.00 so.no 1 - $0.00 So.00 $0.00 17 0 0 0 s0 00 $0.00 $0.00 ! $0.00 so.00 ; $0.00 so.00 $0.00 18 0 0 0 so 00 ; $0.00 S0.00 ; $0.00 54.44 ; $0.00 So.00 $0.00 19 0 0 0 50.UU $0.00 54.44 $0.00 50.0D ; SO.DO SU.OU $0.00 20 0 0 0 $0.00 $0.00 50.00 $0.00 s0.00 ; $0.00 $0.00 $0.00 21 0 0 0 s0.04 I $0.00 50.00 $0.00 50 OD ! $0.00 _S0.00 ! _ $0.00 22 0 0 0 50.00 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 23 0 _ 0 0 $0.00 $0.00 $0.00 $0.00 so on $0.00 $0.00 $0.00 24 0 0 0 $0 UD I $0.00 $0.00 ! $0.00 s4.00 ; $0.00 $0 00 $0.00 25 0 0 0 $0.00 ! $0.00 50.00 ; $0.00 s0.00 $0.00 $0.00 $0.00 Total BIWOMM $94.948.12 ME= $98,016.60-MEM $98.258.00 No= $116,309.00 Page 2 City of Huntington Beach Project Name: Ellis Avenue Drainage & Street Improvement Public Works Department Bid Openning: Month Day, 1994 @ Time 2000 Main Street, P.O. Box 190 Engineer's Estimate: $74,162.00 Huntington Beach,CA 926" Cash Contract# : CC 1220 BID Stanton Construction NIKOLA Corp. Company 11 Company 12 Bidder 9 Bidder 10 Bidder 11 Bidder 12 . ....... ...... . . UnK.................. ............ n ........... ................... . .............. ............ .... ...... ...... ............ ................... ........ hft Pr A....... :. : :1 .. irn PrW.e.N" - - - 1 Mobilization 1 S11,00000 $11,000-00 $19,411.00 $19,411.00 S0.00 $0.00 so.00 $0.00 2 Traffic Control 1 L-S. sij351).00 $1,850.00 $118.00 $778.00 $0.00 $0.00 $0.00 $0.00 3 Furnish Project Traffic Control 1 S8,000.00 $8,000-00 $4.555.00 $4,555.00 $0.00 $0.00 50.0o'! $0.00 4 Remove&Install 18"RCP 2000-D With Concrete Encasement 29 $32000 $9,280.00 S4.408.00 $127,832.00 50.00 $0.00 SON $0.00 5 Remove&Install 18"RCP 2000-D 206 LT $230.00 $47,380.00 S99.00 $20,394.00 50.00 $0.00 so.00 $0.00 6 Remove&Install Concrete Cross Gutter 1464 S.F. $13.00 $19,032.00 510.00 $14,640.00 50.00 . 50.00 so.00 $0.00 2 Mobilization T ff a 1 3 Furnish M, J.T4Re 5 Rem, 6 Rem, 7 Remove&Install Concrete Curb Adjacent To Cross Gutter 87 S50.00 S4,350.00 S48.00 S4,176.00 SO.00 $0.00 S0.00 $0.00 L.S.S S L.S. S- L.F..-F F F L.F.F 8 Remove&Install Concrete Sidewalk 240 S.F. S1200 $2.880.Go S15.00 $3.600-00 so.00 $0.00 soon S0.G0 9 Remove&Install Junction Structure Type"D" 2 $5.600-00 $11,200.00 S4,622.00 $9,244.00 S0-00 $0.00 5o.00 $0.00 10 Remove& nsiall'Catch Basin With 2"Gutter Depression 2 EA S7.050.00 I $14,100.00 S5,883.00 S11,766.00 $0.00 $0.00 so.00 $0.00 11 0 0 0 5o.00 j $0.00 s000 $0.00 so.00 $0.00 s000 $0.00 0' 0 -So,_0 $0.00 12 $000 $0.00 $0.00 SO 00 0 $0.00 $0.00 13 0 0 0 so.00 $O.GO so.0f) $0.00 so.00 I $0.00 $0.00 $0.00 14 0 0 0 so.00 $0.00 so.00 I $0.00 so.00 I $0.00 $0.00 $0.00 15 0 0 0 so.00 so..00 so.00 s0.00- 50.00 $0.00 so 00 $0.00 16 0 0 0 So.00 $0.00 so oo s0.00 So.00 $0.00 so-no I $0.00 17 0 0 0 so.00 j $0.00 $0.00 $0.00 s000 I $0.00 $().(10 I $0.00 18 0 - 0 0 so.00 s0-00 so.00 $0.00 s000 $0.00 $0.00 $0.00 19 0 0 0 $0.00 $0.00 $0.00 $0.00 s000 I $0.00 $0.00 $0.00 20 0 0 0 so.00 $0.00 $0.00 $0.00 So.00 I $0.00 $0.00 $0.00 21 0 0 0 $0.00 $0.00 $0.00 j $0.00 $0.00 $0.00 S0.00 $0.00 22 0 0 0 so.00 $0.00 $0.00 $0.00 $0.00 $0.00 So.00 SO-00 23 0 0 0 so.00 $0.00 s000 j $0.00 $000 $0.00 S000 $0.00 24 0 0 0 so.00 $0.00 $000 $0.00 so.00 $0.00 S000 $0.00 25 0 0 o so' $0.00 $0.00 i $0.00 $0.00 I $0.00, S000 $0.00 Total Bid: MEW $129,072-00 $216,396.00 $0-00 111111g��Koo Page 3 RLS No. CITY OF HATINGTON BEACH (fir jli�V7 REQUEST FOR LEGAL SERVICES Assn To Jennifer McGrath, City Attorney Date Date: Request made by: VTelephone: Department: 1/12/04 David Verona 8471. -- PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ® Contract/Agreement (Allow 5-20 working days)' (Allow 20 working days)* (Allow 15-20 working days)' ❑ General Legal X Document Review Assistance (Ongoing) (Allow 2-10 working days)` "All deadlines are based on the date the ity Attorne 's Office receives the RLS. This request r v d an R�CE11lIiED approved. J{ JAN 1 4 2YV4 ignature of Department Head City of Huntington Beach City Attomev s offices COMMENTS Please identify all attachments to this RLS. Please review and approve "As to Form"the following contract documents furnished by SRD Engineering, Inc contractor for street and drainage improvements on Ellis Avenue in Huntington Beach. Project CC 1220 1. Payment Bond #08658607 2. Performance Bond #08658607 3. Agreement-for signature only(with attachment A) 4. Insurance Shaded areas for City Attorney'§Office.u§e only.- This request for-Legal Services has been-assigned to•Attorne'y= extension Hislher secretary..is extension 7. Notes: Date Completed: RLS BONDS& INS.doc 1/13/2004 8:47 AM CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR �t5 Avenge �4,�a.�e e_�I S+ttei �w►o ro�cr+e-'t cc % I LIZ, TABLE OF CONTENTS Pam . STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS l0 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 I8. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERM I IATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Zlll S !i✓d��tye �?ili��s�' ,y rd s r '7� l�.Ora inci�f A;ez-f THIS AGREEMENT ("Agreement") made and entered into this 15 14 day of EC,E M l34 ^_ 2003, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �[ ��a�n e4��r►4 �,n c • , a California 64r pay-.. �"�d✓. , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as CC - /Z ZO C//�S A i 4 f end 6y1W-.Ef li..�rpr�,��nf e,$ -t 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 agreedorms city consd4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree.'fonns:city consuA-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 rational Boulevard, Las Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree'formscity consL'4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed $;CUc»fy A±kpmd AAWT `Jq►y / X!�C/ rT Dollars (S 7y, 333 .°O ), 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 fad 4- i,(e ( ys) consecutive blaIA+ng *S from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/formsicay consd4-03 4 W 0 • i other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. )Vhen directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agrecoforms city consu4-03 5 i i 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 4. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/fotms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of r,y{ � Dollars (S SCb.O° ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreelformslcity constl4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agreelformslcity com/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree'forms!city consu-4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree'fonnsicity eonst`4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree.Iforms.tity const-4-03 11 • i 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFI_CATION, 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 cosh, 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 agrecr farms city const/4-03 12 • i to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (SI,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 agreelforms'city const-4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agreelforms./ci[y consd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agredformslcity constA-03 Is 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/ciry constl4-03 16 • • 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. 'NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ��� �^"�'�`—E'�'"'� � ATTN: rDel to erone 2000 Main Street Huntington Beach, CA 92648 3 a.�� agreelformskity const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agredformslcity constl4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree.'forms'city consv4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agreeffonns/city const`4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California A)7'�; co:Z:0-� MayorlF By: co-r, r- ,/ ATTEST: print name ITS: (circle one)Chairma resident' ee President to City Clerk AA-o AND By: APPROVED AS TO FORM: c print me ITS: (circle one ecretar- hief Financial Offieer.!Asst. City ittorney ' oY Secretary-Treasurer Q IATE PPROVED: REVIEWED AND APPROVED: n Director of Public Works Ste' Cit dministrator agree;fonns!city constA-03 21 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAtiD STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUnTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule, are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 0 ! 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 31 Kd�r in the amount of$ 33. 30 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 Si nature . C-2 OPROJECT BID SCHEDULE Item: :Estimated _temswrttl.unrt:pr[ce :]Extended:::; ..... No:.. .:Quantity' ....... written lttt:wdreis..: :: U►�it Price... e,EltOttnt ... 1 1 Mobilization L.S. @ EPlght *hOueand Dollars S 8000.Oo S 0,1 _ No Cents Per L.S. 2 1 Traffic Control Plan L.S. @+YUo*110t+Whdthree VlunaIrCd fo=—Dollars S 7-3t•10.po S 2340.p0 !V a Cents Per L.S. 3 l Fumish Prolect Traffic Control L.s. @ XVCn thoV,,,nW Gi�ht Kly)dred Dollars S }90e,6° S 00" N O Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. @ 't"Lin h L r7 d re __Dollars S 00 .°o $ 5$OO."° N O Cents Per L.F. 5 206 Remove&Install IS"RCP 2000-D L.F. Dollars S 100 .00 S 20,(Poo-go kin Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter S.F. @ e+ h+ rr Dollars S 8.15 6eveA1 T"l Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter L.F. u twf-Ati Tf ve _ Dollars S 25.°` S 21 a 5.00_ NO Cents Per L.F. 8 240 Remove&Install Concrete Sidewalk S.F. @ r)I n e Dollars S Q•2 0 $ 2.2-08 f t W em-ty Cents Per S.F. T 9 2 Remove&Install Junction Structure Type"D" EA @ three-thousand One huAkkad Dollars S 10O.- $ (D,�O �Q f\1 Cents Per EA 10 2 Remove&Install Catch Basin With 2"Gutter Depression EA @ tb(a thou5tlnd two lnundreCj Dollars $3.?00 $ (0,4OO•pe __ 1j 0 Cents Per EA Total Amount Bid in Fi ures: S 34,333 r°6 ......Total Amount Bid in Words: y�X1.. 1 C1.Y..... 1�?.ti.?c�Gl`!'1f ............................................... `CP.0 YwndywO c-CO'n ' C-1 s LIST OF SUBCO-NTRACTORS 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 :° 1Vdme`and`Address'ofSubcontractor. State:ticense : Class of-YVork 1Vd Mher 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 See 7,>.r y AH , being first duly sworn, deposes and says that he or she is resit%. 7/ of S4 P EMf;MeCW"'.I , 'TWC.. 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. SAD c,-r ,7, ee.�•Z. 1►+c. Name of Bid r Signature of Bidder ��,2 no ., L•ys� $�r� .s'�V{.��foe Address of Bidder OYi.. L/hSU Subscribed and sworn to before me this /8 day of A lov-4*r, 2003. . NANCV RRANT ' Commission# 1410413 Notary Public •CoUlornla 0KWgP CaNy Comm. 11, NOTARY PUBLIC NOTARY SEAL Get UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF ffU TINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (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. SR a F K v i-k.e a r•�t i ,�i Ie. Contractor raj `reriderr� Title Date: C-5 - DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or 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 which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. _ -%TP �+t_ar�i_ccr.�r4� �HC• Contractor By Sc a Zk►r K /4re.srs ay14 Title Date: /Z/8`03 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 Die Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dag 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: _ SIT t7K�,`+t c Y• , ��re Bidder Name /R.z y_or�_a L,:sd� ��i+c� S.,i 4 /a a Business Ad ess . 64 Af 6 C' , State Zip L 7/2") 37i-3640 Telephone Number G y lz 33 14 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by —7,-- -t our office on 20 The following are persons, firms, and corporations having a principal interest in this proposal: �•��K �� �✓eSrc�.e.v. �eCra' V/ C-9 I The undersigned is re ared to satisfy the Council of the City of Hun?n on Beach of its ability, � P P fY tY � financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 51 P yt y!h tGYzVty, Company Name Signature of Bidder SIC. e Printed or Typed Signature Subscribed and sworn to before me this /Z day of&,ve•«.5.,- , 2003 . mkwvuwm C.OMMUSion# 1410413 Notary RAft-calf nict 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. ,$G0- a,/",Z 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 1 PROPOSAL Proiects Completed Project: Nelson-Perkins Storm Drain Owner: City of Redondo Beach Engineer: Michael Shay, Civil Engineer Telephone: 310-318-0661 ext. 2455 Contract Amount: $58,690 Date Completed: May 2000 Project: Compton Ave. Storm Drain, Phase 2 Owner: Riverside County Flood Control & Water Conservation District -' Engineer: Clyde Johnson, Senior Engineer Telephone: 909-955-1288 Contract Amount: $355,441 Date Completed: June 2000 Project: Friendly Woods Drain Owner: Los Angeles County Department of Public Works Engineer: Sumitha Shival, Liaison Engineer Telephone: 626-45 8-3159 Contract Amount: $548,526 Date Completed: May 2001 Project: Construction on State Rte 90 in Yorba Linda Owner: City of Yorba Linda/Sully-Miller Contracting Co. Engineer: Mario Veneroso, Project Manager Telephone: 805-745-5604 Contract Amount: $1,204,439 Date Completed: February 2002 Project: Pedley-64'h Street Storm Drain Owner: Riverside County Flood Control & Water Conservation District Engineer: Dale Anderson, Construction Engineer Telephone: 909-95 5-1288 Contract Amount: $69,020 Date Completed: January 2002 PROPOSAL Protects Comuleted Project: Edinger Ave. Widening Between Red Hill & Jamboree Rd. Owner: City of Tustin/Excel Paving Co. Engineer: Dave Garrett, Project Manager Telephone: 562-599-5841 Contract Amount: $704,711 Date Completed: June 2002 Project: Pressure Regulating Station#55 Owner: City of Anaheim Engineer: David Entsminger, Principal Water Engineer Telephone: 714-765-4165 Contract Amount: $58,280 Date Completed: July 2002 Project: Various Improvements to 5 Catch Basins in Downtown Huntington Beach Owner: City of Huntington Beach Engineer: Steve Krieger, Asst. Civil Engineer Telephone: 714-536-5259 Contract Amount: $65,236 Date Completed: October 2002 Project: Urban Runoff Diversion Project, CC #1181 Owner: City of Huntington Beach Engineer: Joseph Dale, Contract Administrator Telephone: 714-536-5915 Contract Amount: $77,800 Date Completed: November 2002 Project: Pointe Vicente Interpretive Center Storm Drain Owner: City of Rancho Palos Verdes Engineer: Nicole Jules, Senior Engineer Telephone: 310-544-5252 Contract Amount: $298,055 Date Completed: January 2003 PROPOSAL Proiects Completed Project: Alicia Parkway Baffle Box Structure/Cash Contract No. 02-13 Owner: City of Laguna Niguel Engineer: Nicholas Renn, Sr. Civil Engineer Telephone: 949-362-4341 Contract Amount: $105,624 Date Completed: June 2003 Project: Citywide Catch Basin Replacement Project Owner: City of Palos Verdes Estates Engineer: Wendy Proulx Telephone: 310-378-0383 Contract Amount: $65,800 Date Completed: August 2003 Bond No.08550208 Fidelity and Deposit Cam I arip Y POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY TaIESE PRESENTS: A1 L� ��` That we SRD ENGINEERING INC. �-," ! 1 •--------------------------------------—.........-........................---------. -.-__- as Principal, (hereinafter called [he "Principal"). and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227. Baltimore, Maryland 21203, a corporation duly -organized under the laws of[he State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto----------C_ITY OF HUNTINGTON BEACH ..---............... .................—.............____--------------------------------------------as Obligcc, (hereinafter called the "Obligee['), in the sum of............ EI3 PERCENT--OF AMOUNT--BID------••----------•------------------- ..Dollars (S----107......•.......--- -). 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_...ELLIS AVENUE DRAINAGE & STREET IMPROVEMENT FROM- -- _------ CASH_ CONTRACTN0. 220 _CHALK--LANE-TO NEWIANASTREET 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.................................---....12TH -----day of.__ -NOVEMBER A ,20.. .. SRD ENGINEERING INC. (S-AL) . -••----••...................................•-Prin[ipa! .-......-•-•--- ..-- -- -••------•-----••- ------------- -• •---.....--------- Witness '-vt•- BY-------•----- ------------ ---- •--- --- Trrfc FIDELITY AND DEPOSIT COMPANY OF MARYLAND urery .......... . .. ............ ... . .......................... B ,' '.e— ...... . ......-....... . (SEAL) -mess DAVID L. CULBERTSON 71,1e cs:sr- M. 7.07 ATTORNEY-IN-FACT ConlQ . W 4ne[r:an lnel•Iuc QI A[cRxeCLL O�[umenl A l[Q CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALL.FORNXA COUNTY OF ORANGE On 11-12-03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON 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 . r t�:.t LEXIE SHERWOOD U CO,' &A.# 1311304 0`. ��" - ti0'ARY PbBL:C-CAL'FORN'AG) CRANGE COUNTY A ;:. COrr�1._XP.jULY 27,20L Signdt6rV of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND rZrLE OR TYPE OF DOCUMENT Nv}>EER or PAGES 1 DATE OF DOCUMENT 11-12-0 3 CAPACITY CLAIMED BY SIGWIM ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) i i 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.,"=nate, set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s constitute and appoint David L.CULBERTSON,of Anaheim,California, its true a e Att n-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and am ° ' d undertakings and the execution of such bonds or undertakings in purl p t1�`�ent g upon said Company,as fully and amply,to all intents and purposes, a I dial''" e wledged by the regularly elected officers of the Company at its office in 'n v �ns. This power of attorney revokes that issued on behalf of David L. O eo ti�}9 The said Assistant c t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- Cox any.and is now in force. IN WITNESS W4 OF, the the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT'COMPA..NL Y OF MARYL.-'UNTD,this 24th day of duly.A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND F�,c oErpsr. By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland I ss: City of Baltimore On this 24th 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 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. o %s A.Ko s .yam.,.,.. Dennis R. Havden Notary Public My Commission Expires: February 1,2005 POA-F 012-4150E 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,'recognizarices, 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 1,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 IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seat 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 12TH day of NOVEMBER 2003 0��dvl�xj� Assisrant Secretan �PJ AY OF HUNTINGTON BEACH MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-081 Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City C 'sA nature Council Meeting Date: December 15, 2003 Department ID Number: PW 03-081 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION T _r rT, -, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator aW PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work�U ^ c� SUBJECT: Award Construction Contract for the Ellis Avenue Drainage and Street Improvement Project, CC-1220. Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Bids for the Ellis Avenue Drainage and Street Improvement Project, CC-1220 were received and opened on November 18, 2003. Staff recommends award of the contract to SRD Engineering, Inc., the lowest responsive and responsible bidder. Fundinq Source: Sufficient project funds have been budgeted in the Measure M Fund, Minor Street Improvements, Street Improvements Account No. 21390006.82300. The engineer's estimate was $75,000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by SRD Engineering, Inc., in the amount of $74,333.00 for the Ellis Avenue Drainage & Street Improvement Project, CC-1220; 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. GAR C A12003103-081 December 15 Lee(Award Ellis Drainage CC1220).doc -2- 1111912003 3:28 PM � - 13 RAUEST FOR COUNCIL ACT101t MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PW 03-081 Analysis: This project will improve the north side of Ellis Avenue from Chalk Lane to Newland Street. The section of this primary arterial street is subject to settlement and is prone to flooding during storm events. Improvements are proposed to mitigate these drainage concerns. The improvements will include the removal and reconstruction of existing asphalt concrete pavement, curb, gutter and sidewalk. Minimal excavation and trenching will be required to accommodate a new concrete cross gutter and two storm drain catch basins. Approximately 235 lineal feet of 18-inch diameter storm drain pipe and two junction structures will be installed. On October 20, 2003, the City Council authorized the advertisement of this project and on November 18, 2003, bids were opened. The bids are summarized below in ascending order: Bidding Contractor Bid Amount 1. SRD Engineering, Inc. $74,333.00 2. Southern CA Underground Contractors, Inc.$83,632.00 3. Palp, Inc., DBA Excel Paving Company $89,419.00 4. Sol Construction, Inc. $89,703.00 5. L H Engineering Company $94,952.00 (Corrected to $94,948.12) 6. SAVALA Construction Company $98,016.60 7. Paulus Engineering, Inc. $98,258.00 8. ATLAS-ALLIED, Inc. $116,309.00 9. Stanton Construction $129,072.00 10. NIKOLA Corporation $92,972.00 (Corrected to $216,396.00) The reference check for SRD Engineering, Inc. provided acceptable responses from past clients. Therefore, staff recommends that the City Council accept the bid from SRD Engineering, Inc., the lowest responsive and responsible bidder. Public Works Commission A roval: The Public Works Commission reviewed and approved this project on September 17, 2003, by a vote of 7-0. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Class 1, Section 15301. Attachments : City Clerk's Page Number No. Description 1 Location Map 2 Sample Construction Contract RCA Author: DL: jg G:IR C A12003103-081 December 15 Lee(Award Ellis Drainage CC1220).doc -3- 1 111 912003 3:28 PM Attachment #1 Amok lqw Q� s BOLSA JAVE. CO NTS Mc FADDEAVE. PROPOSED PROJECT z EDINGER v�i AVE. z o z HEIL m 3 z AVE. a w ra m ¢ a w ❑ o WARNER 1 0 AVE. m c� SLATER AvE. 405 TALBERT AVE. PACIFIC ,o ELLIS AVE. GARFIELDJ�/ AVE. cn c~n in YORK 6WN AVE. 3 c0 �� 0 a ADAMS g z AVE. n 1. c� � z _ INDIANAPOLIS AVE. o Q 0 ATLANTA AVE. m ❑ m HA ILTON AVE. OCEAN yy'}- BANNING AVE. ELLIS AVENUE AT CHALK ; CC- 1220 LOCATION MAP CITY OF HUNTINGTON BEACH ps DEPARTMENT OF PUBLIC WORKS q Attachment #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HU'NTINGTON BEACH AND FOR TABLE OF CONTENTS PageNo. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQU"IDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 l CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: l. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree forms/city consd4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms'city consu4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public GYorks Construction, published by Builders' News, Inc., 10801 '.National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree!f"rms.`city consc14-03 3 • i CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($� ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (___) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/Formslcily consd4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the. Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city consd4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree'forms..'eity constr4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree.`formsicity const'4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFrRNG SITE CONDITIONS A• Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree'forms.city const.-A-03 9 • i 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%)-or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agrec'fonnsfeity consd4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree'forms.'cily consV4-03 ] I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer abrCr-!ra msr';.ity eonsVA-03 12 0 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer`s liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (51,000,000) 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 agreelforms:`city const'4-03 13 • i coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE-, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agreelfarmslciry const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree:forms;city consU4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agreelformslciry consf/4-03 16 0 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/formsicity const'4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United. States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNL EY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms.-'city consta-03 18 • i shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agreelforms/city consd4-03 19 • i irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree forms city constl4-Q3 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chairman/President/Vice President City Cleric AND By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree'forms city consti4-03 21 • i RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AWARD CONSTRUCTION CONTRACT FOR ELLIS AVENUE DRAINAGE & STREET IMPROVEMENT PROJECT. CC-1220 COUNCIL MEETING DATE: December 15, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wfexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) Sr ned in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form bZ Cit Attorne Not Applicable Certificates of Insurance (Approved by-the City Attorney) Not Applicable Financial Im act Statement (Unbudget, 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 FOR A DED Administrative Staff Nkn Assistant City Administrator Initial { ( 7 v- CityAdministrator Initial City Clerk { ) EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author:D. Lee • • • City of Huntington Beach Ellis Avenue Drainage and Street Improvement from Chalk Lane to Newland Street HUNTINGTON BEACH CC 1220 Bid Date& Time : 11/18/2003 C 2:00:00 PM Engineer's Estimate: $75,000 BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Atlas Allied lD c,/ 2. Elite Bobcat Service, Inc. 3. Excel Paving v CJ ! ' 9s-�, 4. LH Engineering Cp., Inc. as '' 5. Nikola Construction 7a + Q 0 6. Paulus Eng. Inc. ��• D 7. Pavement Recycling Systems, Inc. 8. Ross.A.Guy&Son n 9. Savala Construction Company Inc. U 10. SOL Construction Inc. O 11. Southern California Underground Contractors �3 3 ,=� 12. SRD Engineering, Inc. 13. Vasily Company. Inc. 14. /J 777 Ld&(%V-C C) 15. 16. 17. 18. Page 1 of 1 • � q , a s � � � q � ' � CITY OF x HUNTINGTON BEACH, CA 1001 NOV 18 P 2 00 CM i I co ao, N � AON V9 'HOd38 NOIDNIINnH ...j0 'kilo �: s i -7 Aj_ID i I FAX FROM: CONNIE BROCKWAY, CITY CLERK Jj CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P.O. Box 19012000 Main Street * Huntington Beach, CA 92648 Ph. (714) 536-5227 HUNTINGTON BEACH Fax 714 374-1557 Fax #: 949-646-5008 Date: Number of Pages (including cover page). By: 1 /11-1—D-eputy City Clerk To: IN RNET ADDRESS: H.B. independent Mike (Legals) www.surfcity- b.orp Phone: 949-574-4251 ***HB INFOLINE: 714 374-4800 11 ❑ G 11 11 0 ❑ . CL L C-2 4 L PUrLl F 1� le -s 3 gJforms197formslfax-h bindependent F�B CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER 4F TRANSMITTAL Fax (714) 374-1573 Attention: Connie Brockway Date: October23 2003 To: City Clerk's Office Project/C.C.No.: C.C. No. 1220 2000 Main Street Regarding: Ellis Avenue Drainage and Street Huntington.Beach, CA 92648_ Improvements. CC-1220 ❑ We are sending you: ❑ By Mail ❑ By Fax MaillNumber 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 Bid Item# Copies.'-. Pages• ::., .. :' Descri lion 1 1 Notice Inviting Sealed Bids for Ellis Avenue Drainage and Street Improvements, CC-1220 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit coples for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On October 20, 2003, the City Council authorized the advertisement of the Ellis Avenue Drainage and Street Improvements project, CC-1220. Please find attached the Notice Inviting Sealed Bids for advertisement on 10/30/03, 11/06/03 and 11/13/03. The bid opening is scheduled for 11/18/03 @ 2:00 PM. Please contact Duncan Lee at 375-5118 with any questions you may have. c: file By: Zraife,Civil Engineering Assistant GACONMUMON CONTRACrS(CCS)\CC1220\C0xrsrsr\N1S13 7UNSMrnu.To Cuxx-CC-1220.noc � I � sh ; NOTICE INVITING SEALED BIDS for CC-1220 f ` (73 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on November 18, 2003, at which time bids will be opened publicly and read aloud in the Council Chambers for the ELLIS AVENLE DRAINAGE AND STREET IMPROVEMENTS, CC-1220 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting October 30, 2003 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$45.00, sales tax included, if picked up or $65.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special- statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of October 2003. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 N ISB-CC-1220 RANSMISSION VERIFICATION REPORT TIME 10/23/2003 16: 12 DATE,TIME 10/23 16:11 FAX NO./NAME 919496465008 DURATION 00: 00:39 PAGE(S) 02 RESULT OK . MODE STANDARD ECM CC'MWWU 1220 Ellis Avenue Drainage. and Street Improvements , CC- 1220 (Limits: Chalk Lane to Newland Street) (Engineer's Estimate: $ 74, 162) BIDS AVAILABLE: October 30, 2003 BIDS DUE: November 18, 2003 2:00 PM COST: $45.00 / $65.00 Mailed ACCT, No.: 213-00-213.48270 ENGINEER'S ESTIMATE: $74J62 CONTRACT: 45 Working Days i ENGINEER: Duncan Lee, 375-5118 NO-PRE-BID MEETING I I 0 1 11TY OF HUNTINGTON BEA! GiD MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PW 03-066 Council/Agency Meeting Held: d Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied .A-t'`y Cit ler 's gnatur Council Meeting Date: October 20, 2003 Department ID Number: PW 03-9P6 CITY OF HUNTINGTON BEACH _ REQUEST FOR ACTION C dG�;; SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D > _7D SUBMITTED BY: RAY SILVER, City Administrator Gl�� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works 1 SUBJECT: AUTHORIZE ADVERTISEMENT OF ELLIS AVENUE DRAINAGE IMPROVEMENT PROJECT- CHALK TO NEWLAND, CC-1220 Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysls,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications for the Ellis Avenue Drainage Improvement Project, from Chalk Lane to Newland Street, CC-1220, are in final preparation, and will be ready for bid solicitation upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Funding Source: Funds for this construction project are budgeted in Measure M Fund, Minor Street Improvements, Street Improvements Account No. 21390006.82300. The engineer's estimate for this project is $60,000. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to advertise for bids for the Ellis Avenue Drainage Improvement Project, from Chalk Lane to Newland Street, CC-1220. Alternative Action{s): Deny approval and recommend an alternate action. Analysis: This project will improve the north side of Ellis Avenue from Chalk Lane to Newland Street. The section of this primary arterial street is subject to settlement and can be prone to flooding during storm events. Improvements are proposed to mitigate these drainage issues. G:1R C A12003103-066 Oct 20 Lee(Ellis Ave Improvement CC1220).doc _-2- 10/212003 9:41 AM 1 • REQUEST FOR ACTION • MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PW 03-066 The improvements will include the removal and reconstruction of existing asphalt concrete pavement, curb, gutter and sidewalk. Minimal excavation and trenching will be required to accommodate a new concrete cross gutter and storm drain catch basin. Approximately 175 lineal feet of 18-inch diameter storm drain pipe and a junction structure will be installed Plans and specifications are in final preparation and staff now requires permission from City Council to advertise for bids. Public Works Commission: The Public Works Commission reviewed and approved this project on September 17, 2003, by a vote of 7-0. Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Class 1, Section 15301. Attachment(s): City Clerk's Page Number No. Description 1. Location Map RCA Author: DSL:cf G:IR C A12003103-066 Oct 20 Lee(Ellis Ave Improvement CC1220).doc �2= 9/30/2003 5:01 PM • ATTACHMENT #1 s �G Q� F BOLSA AVE. 610 N NTS Mc FADDEN JAVE. m: PROPOSED PROJECT v EDINGER oQ AVE. zul Oq Z HEILm i Of 9 Z AVE. or O ❑ W f'- a vi aJ WARNER o AVE. m SLATER AVE. 405 TALBERT AVE. PACIFIC ELLIS AVE. GARFIELD AVE. cn YORKTOWN AVE. 3 0� ��� z J ADAMS z AVE. N z Q INDIANAPOLIS AVE. o © o ATLANTA N AVE. m m HAMILTON AVE. OCEAN yf'- BANNING AVE. ELLIS AVENUE AT CHALK; CC- 1220 LOCATION MAP CITY OF HUNTINGTON BEACH lie DEPARTMENT OF PUBLIC WORKS - :) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT OF ELLIS AVENUE DRAINAGE IMPROVEMENT PROJECT- CHALK TO NEWLAND, CC-1220 COUNCIL MEETING DATE: October 20, 2003 RCA ATTACHMENTS .. STATUS - Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution) (w/exhibits & legislative draft if applicable) Not Applicable licable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) Si ned in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Not Applicable A roved as to form b CityAttome Pp Certificates of Insurance (Approved by the City Attome ) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for A royal and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF°ITEM. Space . Only) RCA Author: DSL:cf CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Nikola Corporation 18012 Cowan, Suite 290 Irvine, CA 92614 Re: CC-1220 — Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by First National Insurance Company of America issued for CC-1220. Connie Brockway, CIVIC City Clerk CB:pe Enclosure g:lfollowu plcashcontiretumbidbond.doc procedure#13 Telephone:714-538a5227) FIRST NATIONAL INSURANCE COMPANY OF AMERICA proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no. 003 That we Nikola Corporation as Principal, and the First National Insurance Company of America, a corporation under the laws of the State of Washington, authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach (hereinafter tailed the obligee) In the full and just sum of Ten percent of bid amount -------- (10$ of bid) 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. WHSREAS, the said PRINCIPAL_ has submitted the accompanying bid for Ellis Avenue Drainage and street improvement from Chalk Lane to Newland Street Cash Contract No. CC 1220 . 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 17th day o1 November 2003 Nikola Corporation Prtnclpal Ay:- FIRST NATIONAL INSURANCE COMPANY OF AMERICA Attomoy-In-fact Matthew R. Dobyns STATE OF California SS. COUNfYOF Orange On 11 /17/D 3 before nie, Mary Martignoni — Notary Public PERSONALLY APPEARED Matthew R. Dobyns persrnlully bimv►t to me to be the person(V)vhuse nauce(]j ishMubscribed to the within buirronent and acknowledged to ere that heljMUM,executed the stare in hivftM withorized capach)tMwui that by 10 signature(.0an the instrument the person(Al or the entity upon behalf MARY mwnmmi of which the persons acted, executed the instrument. Q ''� COMM.#1438392 )b- e; W07ARY PUBLIC-C"ORM 111117NCSS my hand and official seeL ' - ORANGE COUNTY My COFIIIII.E*S*9,21W Signuti This area for Ofcial Notarial Sent OPTIONAL Though the data below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF WCUMENT 71TLEI51 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-W-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT i SIGNER IS REPRESENTING: NAME OF PER80N{3)OR ENTITY1iES) First National Insurance Company of America 51GNER S OTHER THAN NAMED ABOVE 10-1232(REV.SMI) ALL-PURPOSE ACKNOWLEDGEMENT a POWER 4ARST 333 sNATION N INS R NCE COMPANY OF AMERICA OF ATTORNEY SEATTLE,WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, WA 98105 No. 10202 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint •.................................................•...........MA"I-n IFW R.DOBYNS;Fullerton,Calilomia•��••�•�•sa•a....+..••.......u....r..a..............• its true and lawful altorney(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 IINSURANCE COMPANY OF AMERICA thereby as fuuy as it 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 3rd day of June 1999 R.A.PIERSON,SECRETARY W.RANDALL STODDARD.PRESIDENT CERTIFICATE Extract from the 13y-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 attomeys-in-fad 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 seat,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-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seat 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 We and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full farce and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile Seal of said corpxiration this 17 th day of November 2003 y�QANCECp \� } On tiY SEAL i 1928 �a/WAl���,5C1�, • • + R.A.PIERSON,SECRETARY S•10491FNEF 7198 613109 PDF C11 Y ZU03 NOV 18 P �' �L c�.. 32 , "SEALED BID" for ELLIS AVE. DRAINAGE AND STREET IMPROVEMENT FROM CHALK LN. TO NEWLAND ST. In the CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL November 18, 2003 — 2:00 p.m Submitted by: Johnny -Klichan (949) 752-1900 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • J � 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doc. ELLIS SPECvl T Ver.1.13 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work. therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed.wilI 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 Ai o (i, -4 4 in the amount of S o F 4 . A-,Z ai& 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.Vo:' ;Date Received -Bidder's Si nature. . C-2 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Il01,A- C-'OR f IQ o.4Arr0, Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued %o/.Z•/-200� Expiration Date The work site was inspected by s"-'vo f--t,4 of our office on Vo V. � -_ , 200� The following are persons, firms, and corporations having a principal interest in this proposal: V OAW,ovy Al. �eL•'C M4AI -�Z-V y 00y r f—H— CA 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. Al Com an N §iw re of Bidder c_,tr .✓ Printed or Typed IfS ignature Subscribed and sworn to before me this 4'2-day of N a , 200 3 . v AL coA��wNL�RO 1 �� NOTARY PUBLIC-CAMRNK 0 g ORANGE COUNTY O NOTARY PUBLIC f COMM.EXP.APRIL b.2W Ne.}.„O4e rb In-4 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. L�J �NG�L�S L'c�cw %"� -D�r• � ��6 �'�- �rnK.I' . Name and Address of Public Agenc, 6-k4--- Name and Telephone No. of Project Manager: l� y� x�i 2`r-2 r�d z I b 73 ' Contract Amount Type of Work Date Completed 2. C " r r 2 e-cv'- Lw Name and A dress of Public Agency C.¢ 92 e3 2- Name and Telephone No. of Project Manager: _1f'�, v _tom...... C!,, �> xr. G s`ru_ Contract Amount The of Work Date Completed 3. C! 1y nP Y 61m K < V. ?. Name and Address of Public Agency Z is Name and Telephone No. of Project Manager: C W! c IC"S Le Contract Amount Type of Work Date Completed C-10 1k PROJECT BID SCHEDULE Jtem: :Estimated- .......... .. .... ... .".:: . :,::: ," .. .. .. ... ... ;.,:: :::Extended:: Item: ith:w :unit pricem: .. .. ........ ... . ... . .. .... .... ..... �U.it :,::::,A.. .. ... uantityl.... ::.w wo"r'ds.;'..':. .... ... .... nften1n; n Tri&;:: Amount Mobilization L.S. @ 41,Aft-QJ,-,AJ 7Wftd 4AaA K>,Jhk Dollars S S 14VAf Per L.S. 2 1 Traffic Control Plan L.S. —Dollars Per L.S. 3 1 Furnish Project Traffic Control L.S. @ �M T'A0%PJ4_y> Fri J&-A-0421)ollars S yT5r S 5_�_r Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. fZ),LA Y'1Q),44^--n K&A FJW0Aw Dollars $Lf 410& L'76, IQQQ&&- Per L.F. 5 206 Remove&Install 18"RCP 2000-D L.F. @ Dollars $ q el s Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter S.F. @ Ooilars S /0 S iy W-c-entr Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter L.F. @ Qn. 6n 4"f Dollars $ $� eMM Per L.F. 8 240 Remove&Install Concrete Sidewalk S.F. @ J_-rrEkV Dollars S s -?600 - Cents Per S.F. 9 2 Remove&Install Junction Structure Type"D.1 EA N*vJ6,�2 re (4Vntq!!Li2 Dollars S S 192-Lfv rw o cleffm Per EA f 10 2 Remove&Install Catch Basin With 2"Gutter Depression EA @ r--,'W Z?4,0"Jt-- 0-f 1.0-r Dollars Cents Per EA Total Amount Bid in Figures: S 2-'A 97 Z. Total Amount Bid in.Words: '0 /UY- ........................................................-.................................Af f.�....... ........ .......ell' ....................... .................................. / 1.4-A/Z-J% Y- C-Is 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 8ame'and Addr�ess.ofSubcantractar State.License Class of Fork 7Vumber. 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 a e'z.4-114A( , being first duly sworn, deposes and says tha6. r she is �iE'c1 i two of /y.�ro�/1 eo��� � '�Tio� 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. Name of Bidder ^ ��ignature of Bidder 0o,,2- Cv+.J4N, .2 q o .'r,.ver c-j-- Address of Bidder 926i y Subscribed and sworn to before me this / day of /V-, , 200 3 . *�6 ALEJANDRO DIAZj COMM.#1409392 NOTARY PUBLIC-CAUFORlYA CQMM.DfP.APR1L n NOTARY PUBLIC NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (n(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor Title Date: ii y/o'er C-5 w (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 t COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Wlf oc. 12.. Contractor Title Date: C-7 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Stanton Construction 8661 Acapulco Circle Huntington Beach, CA 92646 Re: CC-1220-- Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by Western Surety Company issued for CC-1220. Connie Brockway, CIVt City Clerk CB:pe Enclosure g:lfollowuplcashcontlretumbidbond.doc procedure#13 1 Telephone: 714-536.5227) 'I it Western Surety Company I; BID B07N, l KNOW ALL MEN BY THESE PRESENTS, that we, Stanton Construction , as Principal (hereinafter called the "Principal"), and Western Surety Company, hereinafter called the"Surety"), are held and firmly bound unto City of Huntington Beach , as Obligee, (hereinafter called the "Obligee"), in the sum of 10 % of the amount of the bid described below but not to exceed TEN PERCENT OF BID Dollars I I (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 firmly by these presents. WHEREAS, the Principal has submitted a bid to Obligee for_Ellis Avenue Drainage and Street Improvements NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shalt enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of the failure of the Principal to enter into such.a contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED, sealed and dated this�14th day of November 2003 Stanton Construction Principal B TiM D�c%t/EiP Western urety Company ' By ` Sh avis Attornev-in=Fact is i Western Sure Company PONVER OF ATTORtr'EY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duty organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Thomas Edward Faulkner, Gardner Murray, Stephen John Steinhoffer, Lori Mc QuilGams, Becky Cressy, Sherry Davis, Michael J Hay, Individually of Bakersfield,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate ieal to be hereto affixed on this 7th day of March,2003. iEc WESTERN SURETY COMPANY yW�4oav o01 �T�f Paul -Brutlat,Senior Vice President State of South Dakota ss County of M innehaha On this 7th day of March,2003,before me personally came Paul T.Brutlat,to me known,who,being by me duly sworn,did depose and say- that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seat affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires • + D. KRELL November 30,2006 s NOTARY PUBLIC ,QWsouTH Dim% $ i �titititirtia�,.tititi•.titi.,titiw�tititi 4 D.Krell,No Pubiic CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-taw of the comomrion printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 14TH day of NOVEMBER 200E �ypET}C WESTERN SURETY COMPANY` M+`a o�v4,e-1� L.Nelson,Assistant Secretary Fore F4284-01-02 State of RIGHT THUMBPRINT{Optional) County of _ _ On — q_D'. efore me, {DATE] INAMEMTLE OF OFFICER-i.e.'7ANE D , OTARY PU9UCf y � personally appeared INAME(S)OF SIGNERIS5 CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) ❑CORPORATE personally known to me -OR- ❑ proved to me on the OFFICER(S) ITTUS) basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s)whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEEIS) within instrument and ❑GUARDIANICONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the l.Olil E.MC I]UILLlAMS same in his/her/their PW authorized capacity(ies), SIGNER IS REPRESENTING: COMM.u1347o08 OR and that b his/her/their (Name of Personae)or Entity{ies) r NOTARYKERN COl NIY signature() on the Mvcomin.Exp-Mar 17,2oos instrument the person(s)r or the entity upon behalf of which the person(s) acted, executed . the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. 9 3 (SEAL) o {SIGNATURE 0 NOT RY CAPACITY CLAIMED BY SIGNERISI ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER{SI The information requested below and in the column to the right is OPTIONAL. MTUSI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment-of this certificate to any ❑PARTNER(SI ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIANlCONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signarls)Other Than Named Above SIGNER IS REPRESENTING: IName of Personls)or Entitylies) WOLCOTTS FORM f13240 Rey.3.94[price tips 8.2AI 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKN"LEDGMENT WITM SIGNER CAPACITYIAEPRESENTATIQNlTWO FfHGfRPR:HTS I�allllll I�II� III��I I 7 67775 63240 8 CITY CLE 4rl c11 Y ur 0 : H'CA CITY 0 NUNTMT N BEAC -44 #it1MTINGTOM BE. IUO H01( ;P t 1003 NOV ( 8 51 ; "' r •'t s � �ta�-Rt� '� �t e ev. . •.tea' '�",_- 'r .�` ,�F -� �' 'rs-it. _ ".�✓ ,r- fi" x ?^^ r ' '#y'�s ' '�,;: r F `: ty � t y� ---------------- �^e-'" � ,� c'., "�,� �{t ��`� rrs�,> �, s�-a=ram �"t• �F� :h, �. .R �v� s '� -t�u�'�, T��''°�� ��r �'2 �. .���-,` .�'�s�, k,a�,,`.C��X� � �,a� ��� ae.� �+�� ,�•�,s� g -,�b'. -,,,j y h. "" :rx, �`' yy '� �'�s�• .,gyp d�°"¢'�TY* � � � - - *,, :> .r- �„ n.f9`;t' �* -�" •'�� ",ram a � r �'. 'l 9'�'" r',z:3 ''�g' d F" T�.'� W�` �y. �^•m- .. '{� t gyp- R'^'^ .. ,�y r g ' <� ��`'� - f�.. .��"€ h. Y�g "1`V r"rw�+n �'{v th'S`� ''qC+.. >rA.�, -t-a ..,,_- •' Y J �t �ys's . "'.� _ m Y r "i t w i, '�4",F` - � `ir•.s� cr.� ,�; sk�µ,.�. � $i�y. �r,�. 's`r r,�- �sy i� yr" .,. '�� '�:. :" � •.... r yt„."� ' a� �� «y� > t $�a �� .� �w � }'� �'•Y +� � 'r�`� .w.,'�. ��y.�+ ��,� �lr�r*a'� '��.�� .,�,,,:"4 ��.e x��r � i ',i, - CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE RIND STREET IMPROVEMENT from CHALK LAND TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerks Office ROBERT F. BEARDSLEY,DIRECTOR DEPARTMENT OF PUBLIC 'WORKS Doc. ELLIS_SPECv1 Vw.1.11 TUOf� 3f13.ISNU3 1 oIATTv,IS ... S331AN39 31VWI.I93 T99tC98V%T XV3 W 80 IH3 COlLO/TT ^ SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF RUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF T$E COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in. the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. ff 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 Z00� �A�I.LS1ti0a h'O.Lh'V.L5 +-f� S$.�IA�3S 3.LdIYI.LS3 T984C986TLT ]�v3 BC:Bd I![� COrLO/Ti PROJECT BID SCHEDULE :-:.:Extended Tt—em Estimated :4tein with unk,price-:7— I d":, 'filt:price- tint: :N .: . .. . .....0. U en irt words:. L I Mobilizati n L.S. Dollars S S Cents Per L.S. 2 1 Traffic Control Plan L.S. a r s $ Cents Per L.S. 3 1 Furnish Prol'wt Traffic Control Cd L.S. 1? ado @ Dollars $ &V --.IV �o u Cents Per L.S. 4 29 Remove&[Wall 18"RJEP 2000-1nth Coarete Encasement dd �X4e, —2 f.0 L.F. Dollars S -- //od Cents Per L.F. 5 206 Remove&Install 18"Rq 2000-D dt L.F. @ Dollars $ 473 90 10 Cents Per L.F. 6 1464 Remove&1r4oall Concrete Cross Gutter S.F. Dollars S /Y-610 S /9 4 Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter cro L.F. Dollars S Cents Per L.F. 8 240 Remove&InsAll Concrete Sidewalk S.F.. Dollars S S C � '9C. Cents Per S.F. f 9 2 Remove&Install J�nytjon Structure T e"M EA S.&6cld S//, 00— Cents Per EA 10 2 Remove Install Catch Basin With 2"Gutter Depression EA (?C- Dollars ,-5b Cents Per EA Total Amount Bid in Figures: S 0 ...........Total ... ...................................................................................... .......... ................ ........ .... .............. .. C-15 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. Pbrhon 1Yame and Address of SuGcorttractor :. S_ tdie'license Class of. Work: .Number:_` 37 3(,9 AO_e�� 4,te� By submission of this proposal, the Bidder certifies: I. 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and Sling 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 13ag in the amount of$ D o which said amount is not less than l 0% 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 Cheek", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: `ara ire:: C-a COOQ �1Z?ILSh'0� NOIta'VLS Eff SMIAHM 31VWI193 T99tCO6tT1T %V3 SC:80 IH3 CdiLOlTT,� LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 S00 Qf18LSNQa NOLNdLS ��� MIAHM 3 VHIISH T9avC886TLT XVa of:60 Ilia CO/LT/TT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County Of Oftw r being first duly sworn, deposes and says that he or she is �tijLt-X_ of �Sm-.JTaN �ok,lr�uer/a �� --- 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. S�,�ro.,� �vr.�s���cT•a� — . Name of Bidder igneture of Bidder Address of Bidder Subscribed and sword to before me this 12 day of &r2 V____, 20Q_ �SUKHJIT K.SIDHU Qky Commission# 1403862 Notary Public-California Verstura County Comm.Expires Mar 6.2007 NOTARY PUBLICNOTARY SEAL C-4 goo i 3171HIGN03 NO.LNVIS SUTAN3S 31VWI.LS3 T90C961+TLT XVA W60 IRA C0/1.0/11 UTXLXTY AGREEMENT HONORABLE MAYOR AND CITY COL'NCIL 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (n(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission Facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with 311 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. v j .sMtie- 7p Contractor i G+ H/+C L By 6 WA) Title Date: 'O C-s L0018 0nHISN00 NOINIV.LS Fff S30IAUS 31MIS3 T99tC986TLT %Y3 0t:60 I113 to/!.4/TT DISQUALIFICATION QUESTIO-NNAIRE 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 disquali5ed,removed or otherwise prevented from bidding on or completing a Federal, State or local govemment project because of a violation of law or a safety regWation? ❑ Yes )KNo If the answer is yes, explain the circumstances in the space provided. Nate: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 9001A DaHISN03 NO. NTIS S301AN39 31VNI193 T99PC96PTLT YV.d Tt:80 INN C0/G0/Ti COMPENSATION INSURANCE CERTINCATE 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 Sectiou 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract: Contractor By Title Date: C-7 8000 OaVISNOa Nourvis FFF S3a7!?I3S 3LVITI�S3 T996£98PTLT %Vd U:80 I2I3 £0/LO/T1 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 fiLl e,Va gt- By nw&/ EGL _ 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 Min anffmw Ho.INVIS ... T991COOILT XV3 WOO 1XI COILO/TT BIDDER'S INFORMATION BIDDER certifies that the Mowing information is true and correct: Bidder Name 32L 2QeoA ,,,,N — Business Address PAWA(�r Lz-0 �/1 936 .1 6) City, State Zip £() ,j— (4, U Telephone Number 24-r ?�.g _ State Contractor's License No. and Class Z �sk Original Date issued Expiration Date The work site was inspected by-7EA ✓li TN+ of our office on M-006M$ t2,20Q3 The following are persons, firms, and corporations having a principal interest in this proposal: i C t4 L— -V TU- C-9 TTOe JafflStioo NOLAW'VIS 63WA839 31VKIIS3 TaMOOPTLi YVA Tt;60 I-4-4 C4!L�l!TT 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. ���t1 S%02 _LT/0-;-l - - Company Name L Signature of Bidder / CL NTa Printed or Typed Signature Subscribed and sworn to before me this L5_- ay of VAwteA,2003 . SUKHJl7 K.SIpHU Commiulon# 1403862 Notary Public-California Ventura County OIMy Comm.Expires Mar 6,200? 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: l- E o i T lip Name and Address of Pu lic Agency c Name and Telephone No. of Project Manager: —71 M _>TALLi v GS 65 16� 16-55"k 801Wc2 ptr o?do r - Contract Amount Type of Work We Completed 2. N T A-L1 F TA lS/4 h h Name and Addre s of Public Agency Name and Telephone No. of Project Manager. Bog M U N-R Fes. Uv O r I Ob Contract Amount Type of Work Date Completed 3. 4LL� i r AT7Ik,----) ►Si eIGT Name and Address of F14blic Agency Name and Telephone No. of Project Maaager:-M(n -5 A u e,-S SOS- _ (o mot) - t✓ C>I(-d3 Contract Amount Type of Work Date Completed C-10 ZIO� 3fitLLSN03 hOLNVLS � �*- S33IAN39 31VNI,LS3 19t34C98fiTLI XV3 Tb:64 IH3 CO/LOlii CITY OF HUNTINGTCN BEACH 2000 MAIN STREET CAL.IFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Atlas-Allied, Inc. 1210 N. Las Brisas Anaheim, CA 92806 Re: CC-1220—Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by The American Institute of Architects issued for CC-1220. Connie Brockway, CIVIC City Clerk CB:pe Enclosure g:/fallowup/cashcontlretum bidbond.doc procedure#13 (Telephone:714-536-5227) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ATLAS-ALLIED, INC. 1210 N. Las Brisas Anaheim, CA 92806 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 North Brand Boulevard, 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 2000 Main Street, Second Floor Huntington Beach, CA 92648 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 CASH CONTRACT NO. CC 1220 Ellis Avenue Drainage and Street Improvement from Chalk Lane to Newland Street 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 14th day of November, 2003 &TLAS-ALLIED, INC. an Newton f vVirness) (title) Eva Slclliani,SecretarylTreasurer FIDELITY N OSIT COMPANY OF MARYLAND usan onse+ ,ess� � G y; e J.W. Johnson, 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 - ------------------ State of California County of Orange T On November 17, 2003 before me, Nile R. Sensabaugh - Notary Public DATE NAME,TITLE OF OFFICER-E.G..".PANE 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(�r whose name, tj is/Atib/ subscribed to the within instrument and ac- knowledged to me that ihl/she/JMOI� executed the same in Nblherl0A O authorized capacity(Ve'l), and that by hYd1her/tAY4irr/ signature(% on the instrument the person(Q, or the entity upon behalf of which the person(sr acted, executed the instrument. NILE R.SENSABAUGH Comm.x 1253065 D NOTARY PUBLIC-CALIFORNIA > WITNESS my hand and official sea[. ORANGE COUNTY My Comm.Exores March 8.2004 16 - 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 I� INDIVIDUAL CORPORATE OFFICER Bid Bond Secretary / Treasurer TITLE OR TYPE OF DOCUMENT Tm E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL - 1 - ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR J OTHER: November 17, 2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) N.A. Atlas-Allied, Inc. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O_Box 7184•Canoga Park,CA 91309.7184 State of CaMorn'sa } ss. County of Orange On November 14,2003 , before me, PATRICIA ANN TOTH. Notary Public Dale Name and TUe of Officer(e.g..'Jane Doe,Notary Pcbhc') Personally appeared J.W.JOHNSON ® personally known to me evidenee PATRiCii ::jh 10TH corm S1or• F ;41 3251 to be the person(s) whose name(s) is/are Nam Public •c Giaoiflia subscribed to the within instrument and i Oeonpe County - acknowledged to me that he/she executed 1 lt W20.2W? the same in his/her/their authorized . capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), FPJRCIAANNTOTH or the entity upon behalf of which the * 14132b1 person(s)acted,executed the instrument.N01v1y Atflc-Califortw0K"PCounpr WITNESS my hand and official seal. LTj;0;9:7*MffA1don Gti11w.I��IMtM24 I. Place Notary Seal Above S,gralure 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: November 14,2003 Number of Pages: Signer(s)Other Than Named Above: ATLAS-ALLIED INC. Capacity(lies) Claimed by Signer Signers Name: J.W.JOHNSON ❑ Individual ❑ Corporate Officer-Title(s): ❑ Partner--- [--]Limited [-]General ® Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 01997 National Notary Assodation-9350 Desoto Ave.,P.O.Box 2402-LTaLsworth.GA 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 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 ate,constitute and appoint J.W.JOHNSON,of Fullerton,California, its true and la - - o make,execute,seal and deliver, for,and on its behalf as surety,and as its act and q ngs and the execution . of such bonds or undertakings in pursuance of these o as ompany,as fully and amply,to all intents and purposes,as if they had b�}��y� a regularly elected officers of the Company at its office in Baltim � � power of attorney revokes that issued on behalf of J.W.Johnson,date 9. 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- y,and is now in force. 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 February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND AF O P W ' V By: T. E. Smith Assistant Secretary Paul C.Rogers Yice President State of Maryland I 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. - IT, t-A—T Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-4152 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following infonmational 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 Cam anv'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 ATLAS-ALLIED, INC. 1210 N. Las Brisas Anaheim, California 92806 V Y CI1'Y Or N�J1?i 1Wa TC?I ;;L, C-'+. CA 1G!}� 11Jnl CITY OF HUNTINGTON BEACH City Clerk— Second Floor 2000 Main Street Huntington Beach, CA 92648 7 _ C., I1� SEALED c v PROPOSAL FOR: Ellis Avenue Drainage and Street Improvement From Chalk Lane to Newland Street Cash Contract No. CC 1220 nn NnT nPFN WFT14 RFIM 11 AR MA11 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HtiNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work. therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in . the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications. Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. - It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE tens -Estfinated:�i...... ftem.with:90#priW. Extended ::Unit Pike Amounu: -N 0. `Quantity': wAtte6:hf'words'::. I Mob-.Iizaiion L.S. c. E;wjr rhj&-,wof1'Ve1AA~DoiI,,s S R 500,od Cents Per L.S. 2 1 Traffic Control Plan L.S. Ca ThAffe ThOUSOWD AVA IIUN401JV46 Dollars s3400-0 s 3 Y00, Nei ents Per L.S. 3 1 Furnish Proiect Traffic Control LS. ca. 71iiztLaeA)-AoL1qAg Five'A1,04k.0 Dollars s 3 00-00 s 155MA'p /Vol C&7 Nf-S --Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encagement L.F. Ca rg.,c 1A,,V,0Ae,0 SCLIL� ' AI VV, Do',],,s $ 17S,CO s 7975.00 --Cents Per L.F. 5 206 Remove&Install 18"RCP 2000-D L.F. r—it-10 MIAIMWA"Alr '7200 Dollars s 2ZI.-CO s 73-2 4- Cents Per L.F. 6 3464 Remove&Install Concre*e Cross Gutter S.F. Doilars S &00 $16, 0 V-0 Cents Per S.F. 7 87-7 Remove&Install,Concrete Curb Adjacent To Cross Gutter L.F. @ 7—/;h?tk/ Dollars S S 210,00 0 Cents Per L.F. 240 R.-move&Install Concrete Sidewalk S.F. a A5 i eVeA.1 Dollars S 11,170 S Z&qc,CV No . ------C—ehts Per S.F. 9 n 4, Remove&Insiail junction St-ucture Type"D" EA @ ;rkee 0704A FiV6 14VV",O Dollars s 356V,00 $l,00,6`0 jA/C, Cents Per EA 10 2 Remove&Install Cazch Basin With 2"Gutter Depression EA Ca, 0'0V,1 771CUS*W 16V011VA4ftJ5A0' Doilars S Y2,50,100 S Cents Per EA Total Amount Bid in Figures: 00 ................T..o.t.a.l,k. mountBid in Words: 2/V .066, 5.. . nww..7 1; .... .... ...I..........................................................4 ............ ...I..... ................... 7hR&e &"VW420-A-V&- 09%ts- NO CeAHS C-is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of$ 107- * 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). * of the total amount of the bid Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's, nature NONE 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. Portron: Name and Address of Sulicontraetar :State License Class o f Work :` ;'.. Number.: NONE 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 N ONCOLLUSION 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 party malting the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed 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 of 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 17th day of :November , Zpp 3 ** SEE ATTACHED ACKNOWLEDGMENT ** NOTARY PUBLIC NOTARY SEAL C4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No_5907 State of California County of Orange On November 17 2003 before me Nile R. Sensabaugh - Notary Public DATE NAME,TITLE OF OFFICER-E.G.-'jANE ME,NOTARY PU6L!C personally appeared Eva Siciliani — Secretary/Treasurer NAME(&;OF SIGNERS E. personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(gy whose name,(tj is/06/ subscribed to the within instrument and ac- knowledged to me that h d/she/iMot executed the same in h+ t/her/ihj* authorized capacity(Wd), and that by Wd1her1tr Y(6Vrf signatureM on the instrument the personaAy, or the entity upon behalf of which the NILE R.SENSABAUGIi person4sy acted, executed the instrument. Comm.#1253065 L'a NOTARY PUBLIC-CALIFORNIA D Q ORANGE COUNTY j WITNESS my hand and official sea[. tAy Comm.Expires March 6.200a - 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 NONCOLLUSION AFFIDAVIT Secretary / Treasurer TITLE OR TYPE OF DOCUMENT TITLES', ❑ PARTNER(S) ❑ LIMITED _ ❑ GENERAL — 1 — LJ ATTORNEY-IN-FACT NUMBER OF PAGES ❑_ TRUSTEE(S) LJ GUARD IANICONSERVATOR ❑ OTHER: November 17, 2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONrS;OR ENTrrY{IES� N.A. Atlas—Allied, Inc. SIGNER(S) OTHER THAN NAMED ABOVE _ ®1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (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. ATLAS—ALLIED, INC. Contractor By Eva Siciliani Secretary / Treasurer Title Date: November _I7, 2003 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. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 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: November 17, 2003 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 1Vumber: As Needed ATLAS—ALLIED, INC. Contractor By Eva Siciliani Secretary / Treasurer Title Date: November 17 2003 Dote: 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: 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,C34,06,C42. State Contractor's License No. and Class 4/7/83 Original Date Issued 4/30/05 Expiration Date The work site was inspected by George.-L'• -Siciliandf our office on 11/14 , 2003. 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 othervc.ise, 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 170day of November , 2003 . ** SEE ATTACHED ACKNOWLEDGMENT ** 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. ** SEE ATTACHED REFERENCE SHEET_*_* 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 No.59D7 State of California County of Orange On November 17, 2003before me, Nile R. Sensabaugh — Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared Eva Siciliani — Secretary/Treasurer NANIE{SI OF SIGNEF(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(�r whose name491 is/Att/ subscribed to the within instrument and ac- knowledged to me that Hl/she/W executed the same in WherftbAlf authorized capacity(I('d), and that by VYd/her/WdVr/ signatureM on the instrument the person(Q, or the entity upon behalf of which the personasy acted, executed the instrument. MILE R.SENSABAUGH Comm.#;zg3065 A Q NOTARY PUBLIC•C�L-FORNIA a WITNESS my hand and official sea[. ORANGE COUNTY j My Comm.Exp,res March 6.2004 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 jj CORPORATE OFFICER Bidder's Information Secretary / Treasurer TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL — 2 — _❑ ATTORNEY-IN-FACT NUMBER OF PAGES . J TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: November 17, 2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS)OR ENTTY,IESI N.A. Atlas—Allied, Inc. SIGNER(S)OTHER THAN NAMED ABOVE - 01993 NATIONAL NOTARY ASSOCIATION•6236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 ATLASALUED, INC. Pi�ipirrg Engineering SNC8 to REFERENCE SHEET February 2002 August 2002 City of Anaheim Valley Center Municipal Water District 201 South Anaheim Blvd, Suite 601 29300 Valley Center Road Anaheim, CA 92805 Valley Center, CA 92-82 -Dan Setty (714) 765-5110 Nick Diele(760) 749-1603 Ext. 270 $40,160.00 S 160,000.00 Chlorine Feed Project V.C. #8 Chlorination Facility May 2002 October 2002 State of CA--Dept. of Parks & Recreation Orange County Sanitary District 3030 Avenida del Presidente 10844 Ellis Avenue San Clemente, CA 92672 Fountain Valley, CA 92728 Donna Reuner(949)492-0802 Bill Heath (714) 593-7346 $793,661.00 $195,000.00 New Electrical/Sewer/Water System Gas Line Replacement June 2002 November 2002 City of Manhattan Beach/Public Works Dept. Pomona Unified School District 1400 highland Avenue 800 South Garey Avenue Manhattan Beach,CA 90266 Pomona, CA 91766 Dana Greenwood (310) 802-5352 Isela Lovato (909) 397-4800 Ext. 3744 $319,060.00 $109,000.00 Storm Drain Modifications Install Fire Hydrants—Various Locations June 2002 1995—2002 City of Norwalk City of Fullerton—Water Department 12700 Norwalk Blvd. 303 West Commonwealth Avenue Norwalk, CA 90651 Fullerton, CA 92832-1775 Noel Ford (562) 929-5599 Eric Nunez (714) 738-6871 $119,550.00 $10,000.00- $200,000.00 Water Valve Replacements Various Projects August 2002 El Monte School District 11333 Valley Blvd. El Monte, CA 91731 David Sandell (626) 852-4784 $159,880.00 - Install Fire Hydrants aTL.ASALUEA INC. Pane �� pin S Engineering 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 $24,680.00 $30,551.60 KOCE Site Retrofit Water Service Upgrade .`u Rustic Lane Auggst 2001 University of Riverside May 2001 3615A Canyon Crest Drive City of San Clemente Riverside, CA 92507 910 Calle Negocio St., Suite 100 $1,000,741.00 San Clemente, CA 92673 Campus Chilled Water Expansion Dave Rebensdorf (949) 361-6130 c/o Goss Engineering $107,170.00 Lucas B. Hyman P.E. Vaquero Waterline Replacement (909) 340-1977 ATLAS•AWEA INC. Pipe�ine General f7iping �ineertrrg snres 190 REFERENCE SHEET April 2000 August 2000 City of Fullerton State of California 303 W. Commonwealth Ave Dept Park and Recreation Fullerton, Ca 92832 3030 Avenida del Presidente Eric Nunez 714-738-6845 San Clemente, Ca 92672 Large Meter Upgrades Donna Renner 949-492-0802 Contract Amount $18.564.00 Rehabilitate Water and Sewer System: San Clemente State Park May 2000 Contract Amount $809,022.57 Three Arch Bay District 5 Bay Drive June 2000 . Laguna Beach, CA 92651 County of Orange Greg Cohen 949-499-4567 Dept. of Public Works Calleetia Storm Drain Improvements 900 S. Freemont Ave. Contract Amount $50,736.00 Alhambra, CA 91803 Linda Tacconelli 626-458-3147 July 2000 Alamitos Bay Pump Station City of Anaheim Contract Amount $88,274.00 PO Box 322 Anaheim, Ca 92803 Dale Maclntosch 714-765-7156 Orange Ave 16"& 6"Main Relocation Contract Amount $35,948.00 July 2000 County of Los Angeles Dept. of Public Works 900 S. Fremont Ave. Alhambra, Ca 91803 Paul Keizer 626-458-3122 Ocean Outlet Modifications Project No. 507,513 & 7401 Contract Amount $406,773.99 ATIA4��LL/ED, INC� REFERENCE SHEET Juh� 1999 September 1999 El Camino College City of Fullerton 16007 Crenshaw Blvd. 303 W. Commonwealth Ave Torrance, CA. 90506 Fullerton, Ca 92832 Bob Garin Eric Nunez 714-738-6845 (310) 660-3693 Stonn Drain Improvements Water Distribution System Contract Amount $ 26,025.00 Contract Amount: $166,940.00 Jak 1999 September I999 Long Beach Transit District Mt. San Antonio College Steve Watt 562-591-8753 1100 N. Grand Ave, 1963 E. Anaheim Street Walnut, CA 91789 Long Beach, CA. 90801-0731 John Beckton 909-594-5611 Project NO. LBT 99003 CIO Bovis Construction Corp. Stormwater/Wastewater Treatment Water Main Replacement at Farm Area Contract Amount $260,000.00 Contract Amount $187,565.00' June 1999 December 1999 Barstow College City of Seal Beach The Addington Partnership 211 Eighty Street 2°d Floor. Bob Varner 661-327-1690 Seal Beach, Ca 90740-6379 Fire Loop System Gary Tomasetti 562-799-4492 Contract Amount $230,000.00 CIO CRSS Constructors Pier Water Line Improvements September 19" Contract Amount $61,091.94 Rialto Unified School District 182 E. Walnut Aire October 1999 Rialto, Ca 92376 Coast Community College District John Boatman 909-684-4664 1370 Adams Avenue C/o Ruhmau Ruhrnau Associates Costa Mesa, Ca 92626 New Fire Hydrant at Eisenhower HS Terry Craig 714-432-5990 Contract Amount $13,774.00 Water Valve Replacement Contract Amount $98,624.00 AT]b ATLAS-ALUED, INC, iptX.,7 ng s t Engineering REFERENCE SHEET March 1998 July 1998 Orange County Sanitation Distract City of Laguna Beach 10844 His Avenue 505 Forest Avenue Fountain Valley, CA 92708 Laguna Beach, CA 92651 Dave Erdkamp Steve May(949) 497-3311 *351 (714) 962-2411 x6315 Lower Park Ave. Storm Drain Reclaimed Water Extension to Contract Amount: $455,497.00 Headworks"C" Plant No. 2 Contract Amount: $139,680.00 Auaust 1998 i City of Cerritos March 1998 19125 Bloomfield Avenue California State University, Fullerton Cerritos, CA. 90703-3130 800 N. State College Blvd Joe Holden(562) 960-0311 *2665 Fullerton, CA Design and installation of Existing Mr. Hyun Lim(714) 278-2349 Sewer Lift Station from Ejector Type T-Building Drainage To pump Lift Station, Project#1805 Contract Amount: $27,037.00 Contract Amount: $139,680.00 March 1998 August 1998 Coast Community College District Orange Coast College 1370 Adams Avenue 2701 Fairview RD Costa Mesa, CA 92626 Costa Mesa, CA. 92626 Ardith Ritchey Terry Craig (714) 438-4646 Sidewalk Improvement at Parking Lot F Sewer Line Replacement & At Orange Coast College Various other Projects Contract Amount: $10,965,00 Contract Amount: $113,455.00 June 1998 September 1995 Long Beach City College Midway City 4901 E. Carson Street Eastside Water Association Long Beach CA 90808 14882 Jefferson Street Oscar Trejo (562) 938-4072 Midway City, CA. 92655 Drain Improvements Jim Curry(714) 893-7346 Contract Amount: $7,200.00 Distribution System Replacement Program,Phase V Contract Amount: $36,682.36 10. , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK January 27, 2004 Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806-2504 Re: CC-1220-Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by Great American Insurance Company (Bond #1306696) issued for CC-1220. 49"'i Connie Brockway, CMC City Clerk CB:pe Enclosure g1followuplcashcont/retum bidbond.doe procedure#13 I Telephone: 7 1 4-536-5 227) PREMIUM: NIL Bond No. 1306696 G"1W rVW[UCAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, PAULUS ENGINEERING, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Oh-so, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS (S 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 3RD day of NOVEMBER 20 03 WHEREAS, the said principal is herewith submitting a proposal for ELL•IS AVE DRAINAGE AND STREET IMPROVEMENTS NOW, THEREFORE, the conditior of this obligation is such that, if the said principal shall be awarded the said contract, and shall within sixty ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. PAULUS ENGAEPING, INC. BY• Principal GREAT AMERICAN INSURANCE COMPANY By �� L6d&AN�n DAVID L. CULBERTSON Attorney-in-Facr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11-3-03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON 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 . � L E X I E SHTE �'�R'�OD.0 ' COW-t4 NOTARY PU41C-CAUFORMA 1D SignMhmlof Not4fry Public COORAN "E��O27T2905� OPTION Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUIF� NCR OF PAGES n= OF DbCUACENT 11-3-03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER:^ _ SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GUM ANERICAN INSURANCE COMPANY" 560 WALNUT STREET•CINCINNATI, OHIO 45202.513-369-5000•FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 14046 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the Lability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHER1400D CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOFthe GREAT AMERICAN INSURANCE COMPANYhas caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June . . 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON --ss: On this 19th day of June, 2001 before me personally appeared DOUGLAS R. BOWE.N. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows theseal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one ormore Attorneys-In-Face to execute on behalfofthe Company,as surety,anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof-to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature'ofany of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certi&care of either given for the execution of an v bond, undertaking,contract orsuretyship,orother written obligation in the nature thereof,such signature andseal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually atrxed. CERTIFICATION I, RONALD C. HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 3RD day of NOVEMBER 2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11/03/03 before me, Cvnthia J.Valencia,Notary Public Personally appeared Jason Paulus_ 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 an the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WltneSS my hand and official seal. CYNiHIA T VALENCfA O _ CoMMMlon#142ebb6 44&=Lj Notary Nft-CaWomle Signat re of Notarrrfic Ora11e Courtly Aff,my Comm.Expns Ad 29,2007 OPTIONAL - Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 11/03/03 CAPACITY CLAIMED BY SIGNER ❑LNI)WIDUAL CORPORATE OFFICER Secret /Vice President TITLE(.S) ❑PARTNER (S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING:_ Paulus Engineering,Inc. NAME OF PERSON(S)OR ENIM(S) ram—. Pnsw.fia�arrgoo,tipC. 2871 E. Coronado 3trM �a . Anaheim. CA 92806-2504 c_ :, i ,' ',c "_jttk 01 C, . - .. . ��N BEACH•C� ram• '.. ,_.. _ ': - City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 13ID FOR: Ellis Avenue Drainage and Street Improvement Contract 9 CC1220 *DO NOT OPEN WITH REGULAR MAIL* CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLA-XD STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH r J � 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doc. ELLIS SPECvl Ver.1.13 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO tiEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HtiNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUI\TINGTON 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 Iabor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 Q:� %M-� in the amount of S 1 0`�/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.Vo. Date Received ..Bidder's Signature, C-Z PROJECT BID SCHEDULE .0 ...... ... ....... .. . . ..... ......... .................. ...... .............. -Extended-.- Jtem� Estimated .............;::Jtemmith nit�price:........................................ . ... _. - .: .:: . .................. ............ .. ........... ......................... .. .................................. . . .. .......... . ............. .. .1........ ..................... ........... ................ Rio:: Quanta :::written in W .'U t? 'A- .................... ...... ni - rice-- i:-:: mount:-:: 1 1 Mohili2ation L.S. @ Dollars $ I Zoad S e'LQ Ly ?--=c Cents Per L.S. 2 1 Traffic Control Plan L.S. @-"n+!t -Td'o 4-'.Qr.L1 Dollars S z—A 100 S 2—%MLCL— Za fa Cants Per L.S. 3 1 Furnish Project Traffic Control L.S. @ 7'7.0*8!6J 47,'J& Aift -t' —Dollars; S g5wo Zaro Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. 71:Qg dL,04re Dollars S S-7975- 9745 Za-ro Cents Per L.F. -5 206 Remove&Install 18"RCP 2000-D t Iola, Ce 461 SL 0 1-40. L.F. @ (wg Dollars S+0—r" S P+(2-10;1 r28 Zero Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter S.F. @ Dollars S rb. 02 S Ig-vto, Z4Lr 0 Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter r!6) No m Dollars S 301, S-0 S 110135'* 7_4Lrdp Cents Per L.F. 8 240 Remove&Install Concrete Sidewalk S.F. @ rV.rg e� Dollars S CDC S Ce I W&f* Cents Per S.F. 9 2 Remove&Install Junction Structure Type"D" EA S 3314 dq $ ('44i'a %*.ra Cents Per EA 10 2 Remove&Install Catch Basin With 2"Gutter Depression EA or!hf Dollars $,39106 S zcjcko 7-4 r Cents Per EA Total Amount Bid in Figures: $ Z-SIC . : a...............Total Amount Bid in Words........................................................................... Kr%A Gis 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 :'%Staie License Class of Work 1Yunber 7&W N. or*r 4 ., pfo.nyc, [b zti °o So/g zs3� A t, cA -r7tp� - Avj,+� ..- 4tiv.r-ps c. 17(I2 p ejo ,X+tor+ C:f e ra. (C:,nrs; s cp QiC e� oe Cry n to131777 By submission of this proposal, the Bidder certifies: I. 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 �]o,9vn P014IV.5 , being first duly sworn, deposes and says that he or she is _y_ l S: era.S;�%r4 of Agowe £-►%,rA&r;n,--arc_ the party making the foregoing bid that the hid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. r�5 Name of Bidder Signatur 17 der MEL F Coran%3b Ar,-^Sglr►_ CA cltEA& Address of Bidder Subscribed and sworn to before me this Lf�day of 20Q3-.. C""'.V Can r tasa8ee ... Notary Rae-Casomia OWW _ NOTARY PUBLIC MVCanm'#xpl ft— ly 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 ELLIS AVENGE DRAINAGE AND STREET IMPROVEMENT, (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. J R Contractor By �/+cam _Pses;�•�� Title Date: ._.ff /q-OD03 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 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. s Contractor /A By U ce Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification .Number: Contractor r� 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: �aV105 &3-,0 Bidder Name ZS7/ e- C.c ongl 5� Business Address Aft^, W;rn c1A 9EKcz,b City, State Zip (2.l.!:1.. ) {V 32• 3322 Telephone Number 72 y1►A1 A State Contractor's License No. and Class aCg f 3�la4�_ Original Date Issued © p/sezb r Expiration Date The work site was inspected by Rorer [o..-kwt of our office on fI Ito 200o3 The following are persons, firms, and corporations having a principal interest in this proposal: ?0,1 iS 12,rn.11 fgvh+f^ �rx�,�■rh �Sv�l 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. �Z e-. Company Name Signature of id r �w ban w.)t S Printed or Typed Signature Subscribed and sworn to before me this J ik day of , 200a . CVNRM J.VAIENC ?[0;;'ZC0Mft0on# 14281 NOW Pubic.4 Ofcmp County My Comm.ExPM Jul 2v.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: 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 Ty pe of Work Date Completed C-10 REFERENCES OWNENCUSTOMER CONTRACT AMOUNT COMP. DATE Rowland Water District $187,213.00 02103 3021 S. Fullerton Road Rowland Heights, Ca 91748 562-697-1726 Ted Carrera 27"Water Relocation Water Line City of Santa Ana $785,360.00 02103 20 Civic Center Plaza Santa Ana,Ca 92701 714-647-5045 Tyron Chesanek Strom Drain Installation City of Garden Grove $873,473.00 12102 11222 Acacia Parkway Garden Grove,Ca 92842 714-741.5191 Mark Uphus Water, Sewer& Storm Drain City of Anaheim $509,325.00 09100 201 S. Anaheim Blvd. Anahelm,Ca 92805 714-765-5176 Caster Williams Waterline Reference List for Bid Submittal Site Utility Installation/improvement CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Savala Construction Company 16402 E. Construction Circle Irvine, CA 926064408 Re: CC-1220— Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by Safeco Insurance Company of America (Bond #5627367) issued for CC-1220. Connie Brockway, CIVIrc City Clerk CB:pe Enclosure g:Ifollowuplcashcont/retumbid bond.doc procedure#13 {Telephone:714-636-5227 i e r BID BOND BOND NO. 562 73 87 KNOW ALL MEN BY THESE PRESENTS, That we, SAVALA CONSTR.CO. ._ as Principal,and SAFECO INSURANCE:COMPANY OF AMERICA a corporation authorized to transact a general surety business in the State of WASHINGTON as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL BID PRICE IN - Dollars, ($1096 OF TOTAL BID )for the payment whereof in lawful money of the United States,we bind ourselves,our heirs,administrators,executors,successors and assigns.jointly and severally,firmly by these.presents. WHEREAS,the said PRINCIPAL_has submitted the accompanying bid for ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT BID DATE: NOVEMBER 18,2003 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signad and Sealed this 12TH day of NOVEMBER 20M rF�w SAVALA STR,CO. Safecv Ins Y of B 7�'0000 r ftmipld Aaor„ey_>nFad 0-1106(Bid BMW)MV.IMI) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT It Boo? State of � County of °"$ On .1 1-12-0 3 before me, BARBARA J. BENDER, NarARY PUBLIC GATE WAE.TITU OF 017"R.LO.'JMIE OM NOTARY t UMJC' personally appeared opt H. BROWN NAWM CF 3019W personally known to me - to be the persoro) whose nameft isl.m subscribed to the within instrument and ac- knowledged to me that hem executed the same In his/ anobb3ft authorized capacity), and that by h1s/JW0WVW signature(g) on the instrument the. person), �.ge or the entity upon behalf..of which the _ CWTIMINI I#LW49>t person(g) acted, executed the instrument. t+tr mft-cafrolera _ oronm Cm* W 2M4 W SS m and o ' ' 1 seal. e1awA ARY OPTIONAL Though the data below Is not required by law.It may prove valuable to persons relying on the document and could prevent fraudnlemt reattachnlemt of 1tft form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ 1NDNIDt�AL ❑ CORPORATE OFFICER BID BOND TITLE OR TYPE OF DOCUMENT ❑ PARTNER(s) ❑ L1MTrED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(s) ❑ DUAFOWWOONSERVATOR ❑ OTHER: 11-12-03 I - - DATE OF DOCUMENT SIGNER IS REPRESENTWO: RIWOFr8118ONMOADMI1lfJE" SAVAIA CONSTR. CO. SAF= INS COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF AMERICA C1 M NATIONAL NOTARY ASSOCIATION 0 8238 Rommel Ave.,P.O.Box 7104 a Canoga P".CA 91300.7184 . 5 EXHIBIT A IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to"surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this-formula,the United States-government pays 90%of-losses caused by.certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or-any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 /� �+ DOWER SAFECO INSURANCE COMPANY OF AMERICA P31 S A F E C O GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE.WASHINGTON 28186 No. 9184 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint r.rrrr.rrs..ss..s...+sr...+s...r...rs►r:..s.:.s.+...rrr..QWE�I M.BROWN;Anaheim,C.al rorni3 a"•ss....s.a..sr...s..sssr..ss:..sss..,rr►.sr.........*...... its true and lawful attomey(s)-in-fact,with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business.and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents Wis 28th day of Apnl 1999 Q� k� JI&4064 - R.A.PIERSON,SECRETARY W.RANDALL STOODARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys4rt fact or under other appropriate titles with authority to. execute on behalf of the company fidelity and surety bonds and other documents of similar characthr 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 artier mariner reproduced.provided.however,that the seal shall not be necessary to the varrdity of any such instrument or undertaking.- Extract frorif a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secxatary or an assistant secretary of tie Company setting out, (1) The provisions of Article V.Section 13 of the By-Laws.and (ii) A copy of the power-of-attorney appoinlinent executed pursuant thereto.and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifyfng officer may be by facsimile,and the seal of the Company may be a facsuvle thereof.` I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that me foregoing extracts of the Bye aws and of a Resolution of the Board of directors of these Corporations,and of a Power of Attorney issued pursuant thereto,are true and gonad,and that both the By-Laws,the Resduton and the Power of Attorney are still in full force and effect. 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':!•` „•ii',w'•,xy.�s, •.>-� •.1.-r� :y a+.�:G?�'^''{/�F.�: ._"' - .-.r"�Yi.:" �!:''{' :L' :i.� Z,�I�,::,. ,s•i7 �...r;;, a' 'b[:Jl..ie.�.y�1''.:'e.. �; ^r ';�'�.:y, s,L sy. w+,i<{f�, ,. s•J.'�'r'a n,,:�: ..t: .�r,'fi4'..�:�,7}`s:r'"`�`�``•!:'.�Sr rr,�e:r J;;t:.;�va - r s�'`�t ':r:'�� ��::4: i'J�{ �'i."�, ;:�,. .�5:••, �,•r n >• :'+s'r,14„L.•:� .,?...•,.,;'�J•;;�•, ..�� •t;a.' ,v,.. ,t•`• - '' ' `•::` rr" - �+�••.,•}::,.'', - ,1�F„ ;r; 'a.,L,•,.,r,;'�,.t•,;'ynar,.�'�.?"�"yel,�?�'. v, - Ai'fir; t _s —^mil CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doc. ELLIS SPECv I Ver.L .3 1 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HtiNTINGTO' BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH; In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. . C-1 PROJECT BID SCHEDULE em Estimated Item with unit Price ]I: ]::Extended ... . ... ..... ......... ]in Nd . .Quantity.! 00 s d ;:Unit Price::: ::�:-A o6nf:. I I Mobilization Five Thousand Seven Hundred L.S. @ TwentyDollars S 5,720.0( S 5,720.00 00/100 Cents Per L.S. 2 1 Traffic Control Plan L.S. @ Three Thousand Three Hundred Dollars S 3,300.0 S 3,300.0( 00/100 Cents Per L.S. 3 1 Furnish Project Traffic Control Two Thousand Seven Hundred L.S. @ Fifty Dollars S 2,750.00S 2,750.0J 00/100 Cents Per L.S. 4 29 Remove&Install 181'RCP 2000-D With Concrete Encasement L.F. @ One Hundred Ninety Three Dollars S 193.6 S 5,614.4 60/100 Cents Per L.F. 5 206 Remove& Install 18"RCP 2000-D L.F. Dollars One Hundred Sixty Nine 169.4 $ 34,896.4( 40/100 Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter S.F. @ Thirteen Dollars S 13.20S 19,324.8 20/100 Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacant To Cross Gutter L.F. Thirty Three Dollars S 33.010s 2,871.01 00/100 Cents Per L.F. 8 240 Remove&Install Concrete Sidewaik S.F. @ Eleven Dollars S 11.0)S 2,640.01 00/100 Cents Per S.F. 9 2 Remove&Install Junction Structure Type"D" EA @ Three Thousand Three Hundred Dollars S 3,300.0)S 6,600.01 00/100 Cents Per EA 10 2 Remove&Install Catch Basin With 2"Gutter Depression Seven Thousand One Hundred EA @Fifty Dollars S 7,150.0Ds 14,300.01 00/100 Cents Per EA Total Amount Bid in Figures: $ 98,016.60 Total Amount Bid in Words: Ninety Eight Thousand Sixteen and 60/100 .......................................... ......................................I..............................I.......................................................................................................................... C-Is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find"Bidder's Bond"th the amount of$1 p2 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 iVo; Date Received -Bidder's Signature NONE REPORTED. . . C-2 LIST OF SUBCONTRACTORS 1n 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.dnd.'Address of Subcontractor::; , State°License Class ,of Work :. .: lYumher Covarrubias Bros. Const. Inc. 784171 C42 292 37359 Deep Wood Dr. ,Kurrieta, Ca. 92552 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 Leonard Savala , being first duly sworn, deposes and says that he iogd= is President of Savala Constr. Co. 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. Savala Constr. Co. Name of Bidder j : e of Bidder By: Savala, President 16402 E Constr. Cir. ,Irvine, Ca. 92606-4408 Address of Bidder Subscribed and sworn to before me this 18th day of N°vember s 200 3 . XwNbw 'n - 'rWo 1.141041• NA"RMo-Cairo O=W carry Mr Comm.0 g' Apr 11. NOTARY o Ca ai a NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HtiNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ELLIS AVENGE DRAINAGE AND STREET IMPROVEMENT, (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. Savala Constr. Co. Contractor 6By: 13 'Leonard Savala President Title Date: 11/18/03 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 S3 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 LNSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Savala Constr. Co. Contractor 6By: Leonard A Savala President Title Date: 11/18/03 C-7 BIDDER'S INEOPMATION BIDDER certifies that the following information is true and correct: Savala Constr, Co. Bidder Name 16402 E. Constr. Circle Business Address Irvine Ca. 92606-4408 City, State Zip 949 651/0221 Telephone Number 127926 "A" State Contractor's License No. and Class 12/6/51 Original Date Issued 06/30/04 Expiration Date The work site was inspected by Richard Alarcon of our office on November 15 , 2003. The following are persons, firms, and corporations having a principal interest in this proposal: Savala Constr. Co. 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. Savala Constr. Co. Company Name By: ��Zp Signa re of Bidd Leona Savala, President Printed or Typed Signature Subscribed and sworn to before me thiPthh day of November , 2003 . COMM6 on 11410419 Nofty h ft-Cdowr. ��ir. NOTARY P J na bajal 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 Anaheim 201 S Anaheim Blvd #601, Anaheim, Ca. Name and Address of Public Agency Name and Telephone No. of Project Manager:John Lamar 714--765-4591 $300,000.00 Water 2001 Contract Amount Type of Work Date Completed 2. Disneyland 1313 S Harbor Blvd, Anaheim, Ca Name and Address of Public Agency Name and Telephone No. of Project Manager: Steve Smith 714-781-4188 $500,000.00 Sewer/Water 2001 Contract Amount Type of Work Date Completed I Irvine Ranch Water Distr. 15600 Sand Canyon, Irvine, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Al Dyson 949-453-5617 $100,000.00 Water 2001 Contract Amount Type of Work Date Completed C-10 log CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 L H Engineering 708 N. Valley St., Suite Q Anaheim, CA 92801 Re: CC-1220—Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by The American Contractors Indemnity Company (Bond #196572-04) issued for CC-1220. Connie Brockway, CMC City Clerk CB:pe Enclosure g:ltollowu plcashcontlretumbidbond.doc procedure#13 1 Telephone:714-536-5227) 1 1 American Contractors Indemnity Company' 9841 AIRPORT BOULEVARD, 9T"FLOOR, LOS ANGELES,CA 90045 (310)649-0990 F i I BOND NO. 196572-04 PREMIUM 50.00 BID DATE: 11/18:03 BID BOND I KNOW ALL MEN BY THESE PRESENTS, That we, Paul Ho eum Lee Dba: L H Engineering (hereinafter called Principal),as Principal, and A_MERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of ten percent ( 10 %) of amount bid not to exceed eleven thousand dollars and no/00 Dollars(S 11,000.00 ) for the payment of which.the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Cash Contract No. CC 1220 Ellis Avenue Drainage and Street Improvement from Chalk Lane to Newland Street NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not l exceeding the penal sum of the bond. a SIGNED, SEALED AND DATED THIS 10th DAY OF November 2003 1 Paul Hogeum Lee Dba: L H Engineering PRINCIPAL By: ' _ t r AMERICAN C ORS PTDFN NITY COMPANY � By: a aul S. Dito Attomey-in-Fact a Y e i 3 i a CA'MB I I:U2' American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles,California 90045 07-810 7 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Erik Johansson, Paul S. Dito, Edith Garibay, him E, Heredia or Pauline LaBelle Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***$1,500,000.00 Dollars*** . This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any ice President, Executive Vice President, Secretary or assistant Secretary, shall have the power and authority 1. To appoint Atiorney(s)-in-Fact and to authorize them to arecute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity,and other writings obligator-in the nature thereof and, 2. To remove, at any time, any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or 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." IN WITLESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 28th day of February,2003. 1.00TO,Qf�yo ALMERICAN CONTRACTORS INDEMNITY COMPANY INCORPORATED SEPT.26,IM -� .o^ . p. By: Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF IRS ANGELES § On this 28th day of February,2003 before me,Norma J. Virgilio,a notary public,personally appeared Robert F.Thomas,Chief Executive Officer of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMAA J.VIRGILIO WITNESS my hand and official seal Commission#13223to n Notary Public-California Los Anpelaa County Norma J. Virgilio,NotaryF My CormEw'-SeP2?.200 1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. 1N WITNESS HEREOF, 1 have hereunto set my hand this 1 nt-b day ofNnjre=ber , 200_3--. Bond No. 196572=04 #9007 Agency No. �JAMES H. FERGUSONVCorporate Secretary rep•_POAD-FI-0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r.�t':5�'+Y•ti"-::C;rCr'_C'�4�.G�?�c'G�:4'� :'�4'�?�Y•�����':�:C::'�.':C<_'G<•=.s'��4'�"�__�'�•4`�.��'�•�M'flC'4Z..�:4�_t�.4�h`.S'�ti?�, �I State of California ?S T 5s. County of Orange w November 10, 2003 � Edith Gariba Notary On , before me, Y� Public r Date Namz antl Title Of Officer(e g._'Jane Oo9,Notary Public-) � personally appeared Paul S. Dito h h Name(s)of s;goer(s) x- personally known to me z proved to me on the basis of satisfactory 3 evidence A r� to be the person(s) whose name(s) is/are s subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislher/their authorized EDITH GARIBAY capacity(ies), and that by his/her/their. 4� COMM,#1432538 � signature(s) on the instrument the person(s), or NOTARY PUBLIC-CALIFORNIA 0 the entity upon behalf of which the person(s) OyConAIJGE'�I'd'Y '} acted, executed the instrument. MyCO*rIm Expires AUG.$•2CQ7 i WITN a do i ial seal. r Placo Notary seat Above ignal6re r 1.bl;c .S h r S OPTIONAL ry Though the information below is not required by law. it may prove valuable to persons u g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r5 Title or Type of Document: Bond No. 196572-04 S Document Date: Number of Pages: nt fl ,. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: r Individual —op r.r r,:,rrn ne•� Corporate Officer--Title(s): Partner—L Limited i-. General T .x Attorney in Fact ` 'h x - _ Trustee - - - -- - - - - - Guardian or Conservator i Other: {; S:gner Is Representing: American Contractors Indemnit Com an n h S n +C+977'+a'•�d'Nca•y Ass�iGrbc9.935o OB Soio Are•PO Elea?4M-ChatswoCh.CA 91 J17 Zeo2-xax,iai an ra,}ag Pma N 5B07 Rec•aee C811 r•-'4r•ee I-EGG-976-6cV _ .. .,�' _,ti .fy�S '4, ..t...,"�.; '�F:,i:ria�Y� :'i�fl^,ti ,t'AF;t;r•, - '--y,..-u%-..�, f iir v; •�,.aF.y: -drr a. ,;4'a;' �k`ti:�', �� fJ: i•'a. Y'f ;'-NrY ", .:. jam,+1}. 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O ISM ',! +S:O::sS'•i,r?::a .arr.. �u::.' , ta• ;k fi'�'• W Z , CO CD jy;!.tty�tr� Mk.r,�rn:ry•., i ::'y � .--. rn ;xz •f _,{ �i '+� ,i:7��i't'i�;rkL�j - .'Zs� aJ ••S�'At.�k'�� .1 „7�� �.��,:'S ' :�...r••+�,�; .�ia + t �����11/// y, , �, i' r i� a7Yyi��-p •= 4,f` .:SW r •1 =4�! "S` .� w, � _ � f4.��iy�}r,,4y.RJ r�.r: =:,33 f�.f. 'a t; `•• �if.4+J�i'��.i r,a:t''r',:>w i s r° '";r 5'�:;"' .7:'"•"F:✓ ''; - „r. fC r f: .yeFr l i ypC�� a +t•1' .''"f.�'.�r�•,:.���:..�r��A , •„+!f� :.X.'i.'`�i, °.�fy:`-. •:Ytl'. ."1'`t.1��r,{.�:R',. �,�.{:": aGr.: M�1�.r,7r -,•J.. CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doc. ELLIS SPECO Ver.1.13 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HtiNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE CO>LNCIL OF HLNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 small become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. r Accompanying this proposal of bid, find fg1grgs rvp in the amount of$ oon `which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Scaled 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 Reeeived. =--Bidder kSi nature C-Z PROJECT Bw SCHEDULE tom ma#ed #e> :w. _ : t p.:Ge No.. €Qr;ant�- _ .. . .. wrttte>t.in':wurd : . .fait Puce . Aiuount .' 1 1 Mobilization Q�t¢VOUS4"O 6�67dT KU"I L.S. @ o _ _Dollars $ $ 0 2 - - Cents Per L.S. 2 1 Traffic Control Plan L.S. A&1NO Dollars $ OU Cente Per L.S. 3 1 Furnish Project Traffic Control P41fvr6ml 7-110uslhw L.S. @ hO,-- dZAM9120 JZX'Tr _ Dollars 3 5 �I $ 1 J(J0 Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. QaThC yuA/D1LSeo g1r,7Y S12( _ -__Dollars $ �� $ Cents Per L.F. 5 206 Remove&Install 18"RCP 2000-D L.F. @ rJf&=- C/n Dollars $ $ SGs�T-r►1rtY Slx _ Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter r °6 sal ' S.F. @ . .... _. G'�e_&Cr..,—. Dollars $ Clx _ Cents Per S.F_ 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter r L.F. g ifl//LcG'1" /3�IJL — -- — -Dollars S $ ! Cents Per L.F. 8 240 �vc&Install Concrete Sidewalk S.F. Dollars Cents Per S.F. 9 2 Remove&Install Junction Structure Type"D" $A ICI�/�THQlISR�IJP �H HuanAw Q — cr�ryrti! lI4 AI E _ Dollars $ $ n AZ -- -- Cents Per EA 10 2 Remove Install Catc�,Bas uh "GutterDepression 7jrr66 r/041VV�+ ; lwr,Htf vnruo Sl xn F, _ Dollars $ $�0 Cents Per EA Total Amount Bid in FiFLures. $ O Total Amount Bid in Words: F Loo s 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 1Vome and Address afSuhcantractor =.`Statercense Class of Work I umber 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 p�cWL �/b�j�ft) LC< , being first duly sworn, deposes and says that he or she is of / & d/W , GO , the party making the toregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si tune ot Bidder -7dq of/, J111 S-1�/ fN/TE G� AL&9&CIA, , CA 94�F-o l Address of Bidder Subscribed and sworn to before me this day of 6Pt4W, 20j)-? . MIl( BER;Y GONZAIEZ +� Comm.0 1314943 WARY PUBLIC-CALIFORNIA Vi Orange Cecnly 1y Conm..Etpirea Ac9,23.200-0 NOTARY PUBLIC NOTARY SEAL C-4 UTIILITY 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVE"VIENT, (1)(we)(it) wiII employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. L // jr:eV � /tip e,o , Contractor By Title Date: 1 /7 _0 n 3 L6,� �l 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? ZI Yes XN 0 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. l am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and l will comply with such provisions before commencing the performance of the work of this contract. Contractor By Div Titl Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: -�(_� /�1�- /�1�i -moo - Bidder Name Burs Address AN-4-fiLIL'I City, State Zip 03 �-2tif-c '037 Telephone Number 7933Z 2 C State Contractor's License No. and Class Z Qriginal Date Issued / Z/ 3 / Expiration Date The work site was inspected by 12MIL J-4 1-4**-of our office on / ZO 2003 The following are persons, firms, and corporations having a principal interest in this proposal: vr�v-r L�-f ��✓�j La . 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. L Go Company Name (2n Signature of Bidder . P4YL Printed or Typed Signatu e Subscribed and sworn to before me this 1-7 day of Z 1 , 2003 KIMBERLY GONZALEZ Comm.1�1314943 rn L01M FOTABY PUBLtC-CALIFORNIA +' 6ein,Te Coc"s+ � fir,Cosm.Expir4l Aup.23 .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: 11 per •, 1• _,_ C^ "0 &yc v ST. CH Alil /ZNo#y__ _ 0N OVS)X-470K Name and Address of Public Agency Name and Telephone No. of Project Manager: �47 - gaawAY (goq )7?7-7g 03 LO�v�vA f'I/flI✓•f7 P AiLr7R0 N 2 C►Zar.(/?!5 P* i o / Contract Amount Type of Work Date Completed x pacTFr 2 0 -Cr0'z Name and Address of Public Agency Name and Telephone No. of Project Manager: r q 0 ) rp -7'903 /- Zr4 S/e:iUeq i Gr',fT 6/10N4 f,C- LlRl�c Jwi0N ti J 14 1 ►ZOULGn/-� 2vo?r ontract Amount Type of Work Date Completed • pn�rcwr � 3. L .Sr Il• Name and Address of Public Agency Name and Telephone No. of Project Manager: 2903 y o ).-vV0 Contract Amount Type of Work Da Completed C-10 �a CITY OF HUNTINGTON BEACH 2000 MAIN STREET _ CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Sol Construction, Inc. 19497 Hebron Ct. Riverside, CA 92508 Re: CC-1220—Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by The American Contractors Indemnity Company (Bond #164605-18) issued for CC-1220. Connie Brockway, CIVIC City Clerk CB:pe Enclosure g:lfollowuplcashcont/retumbidbond.doc procedure#13 I T el e p hon e:714-535-5227 i American Contractors Indemnity Company" 9841 AIRPORT BOULEVARD,9T"FLOOR,LOS ANGELES,CA 90045 (310)649-0990 a BOND NO. 164605-18 PREMIUM S0.00 BID DATE: 11118iO3 BID BOND KNOW ALL MEN BY THESE PRESENTS,That we, Sol Construction, Inc. _ (hereinafter called Principal),as Principal, and AMERICAN CONTRACTORS INDEMNTITY COMPANY,a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the i State of California (hereinafter called Surety),as Surety, are held and firmly bound unto City of Huntington Beach,CA i (hereinafter called Obligee) in the penal sum of Ten percent( 10 %)of amount bid riot to exceed ***Ten Thousand& Dollars ($ 10,000.00 for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors I and assigns,jointly and severally, firmly by these presents. ! THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a ; proposal to the Obligee on a contract for Ellis Avenue drainage and street improvement A/C curb and gutter and catch basins k NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be ti specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the s undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not l exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 17th DAY OF November 2003 Sol Construction, Inc. PRINCIPAL By: AME AN CONTRACTORS INDEMNI OMPANY Geo :m McCrosson Attorney-in-Fact • American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor.Los Angeles,California 90045 o6-4s7o POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Georgann McCrosson, Irasema Urbina,Margarita Sanchez Janelle L.Miller or Leslie Pinkston Its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***$1,500,000.00 Dollars*** , This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or anv lice President, Executive lice President, Secretan. or.assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authoriwe them to execute on behalf of the Compant; 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, anv such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be qT1.yed to anv such Power of Attornev or cent f cate 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." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 28th day of February,2003. CTO��yo AMERICAN CONTRACTORS INDEMN-ITY COMPANY INCORPORATED sin 26,1990 a By: fql�� Robert F. Thomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 28th day of February,2003 before me,forma J. Virgilio,a notary public,personally appeared Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA J,VIRGILIO WITNESS my hand and official seal _roz7ornffAuion i 1322310 IL x Notary Public-California Las Angshm County Norma J.Virgilio,Notary IMyCwmEiow Sep 27.2W5 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 17 th day of November , 200 3 Bond No. 164605-18 _ Agency No. #9006 �J!M.NQESH. FERGUSON orporate Secretary rec.POAPa:'C- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On November 17, 2003 before me, Janelle L. Miller, notary public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLL' personally appeared Georgann McCrosson NAME(S)OF SIGNER(5) ® 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 capacity(ies), and that by his/her/their JANELLE L. MILLER signature(s) on the instrument the person(s), COMM.#1262233 NOTARY PUBLIC-CALIFORNIA or the entity upon behalf of which the SAN INO COUNTY M Comm.E��s!E6129, person(s) acted, executed the instrument. .WITNESS my hand and official seal. Commission #1262233 1 Expires: April 29, 2004 $({NATURE OF NOTARY OPTIONAL Though the data below is not required by law,R 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 Bond No. 164605-18 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) '❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENM(IES) American Contractors Indemnity_Company SIGNER(S)OTHER THAN NAMED ABOVE vc;ry •r,t r 1 f q.�: :st:' rr.,,.• y 7: .y :r z.,,:, :n n yG: f/L./ (/,� 1, , , e�' 5�" :.� kr,,r.', �'¢: ir.,7 ,s:J } ;•+,;,;I�^�.? ,a..1: :,ice`.?`:t"!L i,.:, H�4' r...r '3L X�J�o- �:, ��" -+ "I,;•Isw�s ��:- � ft it r'r'1�';�,• '� ,y ��. y r,,_. .,ia. 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ELLIS_SPECv I Ver.1.13 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 lV& -:-Date-Received. ,,. . :Bidder's Si iiaiure C-2 .. ^ PROJECT BID SCHEDULE Cents 5�4� Cents Cents 4 29 Remove&Install I;"RCP 2000-D With Coperete Encasement 217 — 193 L.F. Dollars S Cents 6 1464 Remove&Install Concrete Cross Gutter 7c"-- 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter '30-- -2/6/47 Cents C eats Per EA 10 2 Remove&Install Catch Basin With 2"Gutter Depression Cents Per EA Total Amount Bid in Figures: 703- 00 Total Amount Bid in Words: 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 an `Address:of Subcontractor State:License Class .. of Work lYumber 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. �fti County of 0-fege )o5,4+vqr �c s - ��f o M L'U to 2 141 , being first duly sworn, deposes and says that he or--+4e is of So �- Co ru s+Ltl c- -Lw U the party malting the foregoing bi 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. Co� Co ry S-rNjr f O N Name of Bidder 6LO PAV10 kCrv3o e Signature of idder Address of Bidder t>� Subscribed and sworn to before me this B— day of �Qy� 200 . ELIZASETH E. LISSIN Cnmm.#1"s76662 %& NOTA R'PLBLIC-CALIFORNIA +�+ Las Angeles C.eetq MY Cemn.Expires 0ct.2'.200 NOTARY PUB1.1C IA-�a'/&/Z40�' NOTARY SEAL C-a 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (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. Contractor By ' 7`' Title Date: /f /0"—D 3 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 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note. This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATIO BIDDER certifies that the following information is true and correct: Bidder Name /yy97,041�1111,-? C7` Business Address City, State Zip 9a 577fr Telephone Number X e/2 -3-3, y State Contractor's License No. and Class �?- 30 - 02 Original Date Issued Expiration Date The work site was inspected by AG/o ,, i of our office on_/k /3 — . 200 D 3 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. Company Name btu Q@ l�10 N't- lI-1o0}, Se-C4 0 lgnature of Bidder Op�1D A CyID2-4, Printed or Typed Signature Subscribed and sworn to before me this ).Ply of W0004"2003. ,+. EUMETH E. USSIN •- Comm.#1376662 •" �r N07AHY PdVC•CALIFORNIA tui AnQelee County my Crn.r.Expires Ocl.21,200G NOTARY PUBLIC (J NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency ,r Cvr1�to //�3� 6a6- 4,54-s96 7 Name and Telephone No. of Project;Manager: C Alec- �occc� Contract Amount Type of Work Date Completed 2. C,7 d lP /�S ece-teilcA, Name and Address of Public Agency Name and Telephone No. of Project Manager: %'mod h a l.nGy G"- 7`f Y 71 rJ1 . S /�- -5 Contract Amount Type of Work Date Completed 3. Gi b 40 Name and Address of Public Agency Name and Telephone No. of Project Manager: UQ,,LJ_ C iyc+c6 �c� `o?- n6-53 2- -9 IZ , es r-�-t Contract Amount Type of Work Date Completed C-10 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 PALP, Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Re: CC-1220— Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by The American Institute of Architects issued for CC-1220. Connie Brockway, CM City Clerk CB:pe Enclosure g:lfollowuplcashcontlretumbidbond.doc procedure#13 (Telephone: 714536-6227) Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company 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 ofTen 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 Ellis Avenue Drainage & Street improvements (CC1220) 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 November 2003 CU; /, ` PALP Inc.dba Excel Paving Company -2kc { Principal (seal) Witness MICHELE E.DRAKULICH, ASST. SECRETARY By: t3IaO'# N,PRESIDENT Namerl itle Federal Insurance Company Surety (Seal) i Witness By: L7 ouglas A.Rapp Attorney-in-Fact ORSC 21328(5/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - ��rr. - - - - - -<,, KI i• State of California s s. County of ORANGE On NOV 0 6 2003 before me, CHRISTOPHER J. COATS, ROTARY PUBLIC Date Name and Ttle of Officer(a g.•'Jano Dce-sctary PLb;ic") personally appeared DOUGLAS A- RAPP [. Name(s)of Signer(s) ,I L�personally known to me I; proved to me on the basis of satisfactory evidence { OFRCIAL SE.I.L 1 ( ! DHR ."}YCa`�"-' COAtS r�-ti'r� r` to be the person(s) whose name(s) is/are NG-fApY PUBLIC .y.7G^ r. �.RWON CO„1%-11SS',0N r '.'6,5 9 1 subscribed to the within instrument and ORANGE co'.; n; acknowledged to me that helshelthey executed N the same in his/her/their authorized I capacity(ies), and that by hislherltheir [ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument- WITNESS my han and official seal. [ Placb Notary Seal Above 1 OPTIONAL ( Though the infomtation below is not required by taw,it may prove valuable to persons reP nq 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: t� 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer i Signer's Name: I . ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑General 0 Attorney in Fact I C Trustee ❑ Guardian or Conservator El Other: _ 1 I i Signer Is Representing: I 0 1999 NaWW Notary AM069tion•9350 Do SOW Ave..P.O.Box 24U•Cnahv",CA 91313-2402•w .mnonaa cwyorg Prod-NO.5407 Poom,CO To&Free 1-600-876-8827 , 1 . Chubb POWER Federal Insurance Company Attn: Surety Department OF "Vigilant Insurance Company 1S Mountain View Road t;�ee Surety ATTORNEY Pacific Indemnity Company Wansn,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 Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalt as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than trail 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 14th day of May, 2003 .z& enneth C.Wendel,Assistant Secretary T.W.ChvanaugtL Vice President STATE OF NEW JERSEY County of Somerset as. On this 14 th day of May, 2003 before me,a Notary Public of New Jersey, personalty came Kenneth C. Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duty sworn,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-taws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by Uka authority; and that he is acquainted with T. W. Cavanaugh, and knows him to be Vice President of said Companies;and that the signature of T.W. Cavanaugh,subscribed to said Povear of Attorney is In the geaulne handwriting of T.W.Cavanaugh,and was thereto subscribed by authority of said By-Laws and In deponents presence. Nota R i F Karen A. Price LU o1P•�% LU Ncftq RM State of Now Jersey ,No. 2231647Notary Q ry Cvrl':�"issi^-n FyaroqEIR FICJ[1'IQ')AO4 Public Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "AN powers of attorney for and on behalf of the Company may and shall be executed In the rums and an behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,Jointly witi1 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 k6xving officers: Chairman, President, any Vice President, any Assistant Vice Pressident, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of aComey or to any certificate relating thereto appointing Assistant Secretaries or Attcfneys-ln-Fact for purposes only of oxen uting and attasting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certlftcato bearing such fassinile signature or fscshnlla seal shall be valid and bkrding upon the Company and any such power so executed and certified by such tacsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY(the"Companiesl do hereby certify that (Q the foregoing extract of the lay-Laws of the Companies is true and correct, (il) the Companies are duly licensed and authorized to transact surety business In all So of the United States of America and ft District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of ft Provinces of Canada except prince Edward island;and (ii7 the foregoing Power of Attorney is true,correct and in full force and affect Given under my hand and seats of said Companies at Warren,NJ to 6t-h day of ]vit', M �V A -0 - « • S r �c���Y ,• ` #��A' �a Kenneth C.Wendef Assistant Secre tary 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) 903-3497 Fax(908) 903-3656 e-mail: suretyechubb.com Form 1S-10�=SB (Ed.10.0¢) CONSENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � C�GY G�G<Cl�r� _'� SCl_CSif fC _ C �rS� 4��4` SrY _SrS<G(CCU C<G(G�GISGISG(GC' 'Y State of California County of LOS ANGELES ss. 3 I ' �tiLi li 1 8 L�4 Celeste A. Graham Notary Public ,. On before me, Dale Name and Title of Officer(e.g..'Jane Doe.Notary Public) personally appeared C.P. BROWN, PRESIDENT & MICHELE E. DRAKULICH, AS SI. SECRETARY Name's)of Signec(a) U personally known to me ( C proved to me on the basis of satisfactory i evidence to be the person(s) whose name(s) is/are ' RAHAM subscribed to the within instrument and CELESTE A. G acknowledged to me that he/she/they executed #1312118 D 9 Y '1 CrOT;,RYPli5LlC-CAUFGR' a the same in his/her/their authorized , L) C� O LCSANGELESCW'Ty capacity(ies), and that by his/her/their t..!y Commission Expires July 30, 2C05 signature(s) on the instrument the person(s), or ' the entity upon behalf of which the person(s) ' acted, executed the instrument. WITNE S my hand and official se !. 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: I Document Date: Number of Pages: Signer(s) Other Than Named Above: , i Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual Top of thVm6 here ❑ Corporate Officer—Title(s): I Partner—❑ Limited ❑ General I I E Attorney in Fact C- Trustee G Guardian or Conservator ❑ Other: i Signer is Representing: { 0 1999 National Notary As,ociaton•9350 De Salo Av*..P.O.Boa 24M•Chatower.h.CA 01313.2402•w .naliona•nclary org Prod.No.6907 Reorder Ca I Ton-Free 1-800-8764927 PALP,INC.DBA EXCR PAV)NG COMPANY 0230 LEMON AVENUE WNG BEACH. CA 9660i 'G lull :j�,-',ctl• CA Uuwc- AMA CA 06T o, Lo r-�- - b(OAv\a SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTI1\GTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starring 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-L CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doe. ELLIS_SPECvl Ver. 1.13 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. "TEN PERCENT OF AMOUNT BV Accompanying this proposal of bid, find Wfck in the amount of S 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 small signify receipt of all Addenda here, if any: ►a Addenda 1Vo. Date Received Bidder's Si nature C-2 PROJECT BID SCHEDULE . .: . . .. .. ... '. Yx_ten&d: :pnce::: ... ....... Iteml stimated -::Item with unit ' ...-7.- ..... ........... . .... .....:........... .......... ........... ... .. . ... .......... ......... .. ..... ... .. . . ..... ..... .............. .... ......... .......... ....... I ....... .4'-.-'A . . .t:...... tr . ....... ...... .......... N& ............... .....wntt6.in"W6Mi".. .. ... ......................... ...Unittrice ; moun :::::: I I Mobilization L.S. @ f S O 'TftQ%k5)0 - Dollars $1QQM-�- S N�- 661.0D Cents Per L.S. 2 1 Traffic Control Plan L.S. @ !J& "TV6314h�)ft 4cJN0Q_1AkN4W Dollars S q.*A a' $ W603 Cents Per L.S. 3 1 Furnish Project Traffic Control L.S. ®R 91t tL !y AA*%Aa Y �1ut�l lq)oltars S %J W1100 Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. 9 TWOAnMT.J `� 4A W(J % Dollars S S OD1.11i Cents Per L.F. 5 206 Remove&Install 18"PC?2000-D L.F. @ wjxk_M 'rif!tl Dollars S Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter S.F. N @ 01.44Q�& ' Dollars S LID Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter L.F. @ f2��t� NIL%" Dollars S $ lqqb ab),do Cents Per L.F. 8 240 Remove&Install Concrete Sidewalk S.F. @ Dollars Cents Per S.F. I 9 2 Remove& Install Janction Structure Type"D" 1 EA @ AM— TAPAU+_� Am rK- eq+84 —Cents Per EA 10 2 Remove&Install Catch Basin Wi1h2"G erDipression EA @ age: 13� 1'x' "'Dollars M-P Cents Per EA 7H Total Amount Bid in Figures: S CY% Total Amount Bid in Words: m ..........................L........................................I...... .. . ... ........ . .........................V* C-Is 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. ;Porhan°: Name and Address of Subcontractor` State license ''Class ... ... of-Work :. lvuMber Svv �Sf_,,,inin vi LS5�k11 C,L Or 1a s (Albi 2 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Orange C.P. BROWN , being first duly sworn, deposes and says that he or she is PRESIDENT of HALF. IIIU. utln F v� 1 ,G S N GRA --- - - - 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.ABA EXCEL PAVING COMPANY Name of Bidder C.F. OhLiihr E� r PRESIDENT Signature of Bidder 2230 LEMON AVENUE LONG BEACH. CA 90806 Address of Bidder \ r Subscribed and sworn to before me this day of , 200_ 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (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 EXCEL PAVING COMPANY Contractor By C.P. BROWN,PRESIDENT Title Date: NOV 18 2003 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 2 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract, PALP. INC. DBA EXCEL PAVING COMPANY Contractor C,�. By C.P. BROWN, PRESIDENT Title Date: NOV 18 2003 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 AIert 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: _:rQ gP S06k•&a c• A t r+L 0 i XV&A PALK INC. DBA EXCEL PAVING COMPANY Contractor G ` By C.P.BROWN,PRESIDEM r Title Date: NOV 18 2003 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 pALP, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENGE !-ONG BEACH_ rA gonna Business Address City, State Zip � � f562)"a99.5gd9 _ Telephone Number STATE LIC, 688659*A* State Contractor's License No. and Class -kvW Original Date Issued Expiration Date The work site was inspected by Br"E. Fle[t of our office on k 1 1'L �3 200_. The following are persons, firms, and corporations having a principal interest in this proposal: CU CAROLYNJ.BROWN,SECIE YICHIEFFINANCIAL� pM �[a VILE plESIDW CURTIS P BROWN AI vicE piptInqu iT,vicE pimaqu MICHELE E.DRAKI I M.AS2S4N; - C-9 The undersigned is prepared to satisfy the Council of the City of. Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP. INC. DBA _ urn PAVING COMPANY Company Name C- Signature of Bidder C.P. BROWN,PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this_ day of NOV 18 2003200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l 3EE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount. Type of Work Date Completed C-t0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of LOS ANGELES ss. E On NOV 18 2003 before me, CELESTE A. GRAHAM, NOTARY PUBLIC Date Name and Title of Off-car(e.g..'Jane Doe,Notary Public'} $ personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN , PRESIDENT Name(a)of Signer(s) LX personally known to me - proved to me on the basis of satisfactory evidence fCELESTE A. GRAHAM to be the person(s) whose name(s) is/are o F 1 COMM. #1312118 O subscribed to the within instrument and U hoTARYPuBUC•CALIFORNIA C) LOSANGELESCGUNTY acknowledged to me that helshelthey executed !,^y Co-mmission Ex•r,:.es July 30. 2051 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and officials al. -leA A A Pta:e Notary Seal Above Signa(ure of Notary Publ:C OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document i 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: I Capacity(ies) Claimed by Signer Signer's Name: ' ❑ Individual ' Top of Thumb here ❑ Corporate Officer—Title(s): D Partner—! Limited C General Attorney in Fact ❑ Trustee Guardian or Conservator I s 1= Other: JI t Signer Is Representing: D 1999 Neadn'-'Notary Asaoc atior..9550 De Su:o Ave.,PO-Bas 24C2•Cnatswcrth CA a tat 3-24C2•wwn.Ia:iclalnotery org PrD3.14..5907 Reorder:Ca'Ton-P•as 1.8C�C-876-66e? 1jkGEL PAVING COMPANY P.O.BOX ,", t A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90SM61; STATE LICENSE NO. 688659A 1562)89"84 PAX (562)591.741 C. ?- 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 810HATURE CERT1PICATB OP PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dbe Excel Pawing 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 y 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 . Georgo R. McRae Senior Vice President Curtls-P. Brown III Vice President Bruce g. Platt Vice President 8 Assistant Secretary Michele L Drakullah Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certiflcate as of the date s®t forth below. Dater November 8, 2001 AROI.YN . B , cretary r -9KCEL PAVING COMPANY P.O. Box 14 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90W6.1 STATE UCENSE NO. 688669A (662} 6994 FAX (562) 691•; CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA ONW Telephone: 662-699 GU1 Fax: 682-699.3679 Type of Business: General Engineering Contactors Contractors License# 688669A Fed 1.04 96-872914 Excel Paving Company Is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 in business since c k tober 1981 Same location since October 1081 Property owned by Brown & Mills Financial rating with Dun& Bradstreet: Rating 3A2, SIC# 1011 US Bank,2633 Cherry Ave., Signal Hill, CA 90808 Account Representative: Uz Acres or Celina Gonzalez Telephone: 662-490-2088 or 5M-490-2079 Checking Account 01534-9196 8689 TRADE REFERENCES: Q.omnany Phone Fri Vulcan Materials 323-268-2777 323-26"102 Silvia Arredondo R.E.H.Trucking 909-691-0871 909-691-0606 Gina Mendlola Blue Diamond Materials 714-678-9807 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-662-8697 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above Informatlon !s tru6 and correct, and that we can and will comply with your terms. C.P. Brown Date President t EXCEL PAVING COMPANY P.O. BOX 1& ' A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90ft", STATE LICENSE NO, 688669A (562) 899451 FAX (562) 591.74 Reference List As of Mal, 2000 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 2. Burbank Glendalo-Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9416 Or (818) 940-8840 3. Loa Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 XvCEL PAVING COMPANY P.O. 13ox If A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 908%.5 STATE UCENSE NO. 688669A FAX {662) 591.5d Bonding Agents 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 . I Insurance Carrier; The Wooditch Company One Park Plaza Suits 40.0 Irvine CA 92614 Contact: . William Wooditch Office: (714) 553-9800 Fax: (714) 553-0670 EXCEL PAVING COMPANY 2 " OPEN JOBS AS OF FEBRUARY 2002 D.E N0 OWNERfCONTRACTOR LOCA7ON CITY mc Apr-09 3747 TUTOR SAMBA WEST&EAST ALAMEDA 6,498,000 32.2% May-01 3748 TUTOR SAU13A 23001 ROSCOE, WEST HILLS 81.291 100.0% May-0i 3751 SWINERTON&WALBERG 1126 VVILSHIRE BLVD., LA 10,800 1.0% May-01 3752 MARTA METROPLEX PIER 400 ICTF, LA 7.369,400 22-6% May-01 3758 CITY OF WESTMINSTER WESTM INSTER BLVD, . WESTMINSTER 146,762 79.1% May-01 3759 CRY OF CARSON CITYWIDE OVERLAY, CARBON 2,004,235 912% Jun-01 3764 PORT OF LOS ANGELES BERTH 230-232 POLA 1.792,950 29.3% Jun-01 3768 CITY OF SIMI VALLEY ERRINGER AVE SIMI VALLEY 470,470 87.7% Jun-01 3769 CITY OF ANAHEIM WEIR CYN RD ANAHEIM 249,236 89.0% Jun-01 3772 LAUSDT GRANADA HMS LOS ANGELES 531,000 98.0% Jun-01 3773 LAUSDT TULSA ELEM SCH GRANADA HILLS 469,030 99.7% Jun-01 3774 MPTV 23388 MULHOLLAND DR. WEST HILLS 193,984 562% Jun-01 3778 H.F. BOECKMANN IM 15505 ROSCOE NORTH MILLS 51,840 81.4% Jun-01 3780 CITY OF:GLENDALE ANNUAL ST. RESURFACE GLENDALE 1.596,935 99.4% Jul-01 3781 CITY OF LONG BEACH SOUTH ST LONG BEACH 2512W 25.4% Jul-01 3782 CITY OF CULVER CITY OVERLAND AVENUE CULVER CITY 714.805 93.9% Jul-01 3783 CITY OF LA PALMA VARIOUS LOCATIONS LA PALMA 2542W 93.6% Jul-01 3784 BOVIS LEND LEASE 10727 WILSHIRE LOS ANGELES 85,000 91.4% Jul-01 3785 CITY OF TUSTIN EDINGER AVE TUSTIN 2,597,340 9.3% Jul-01 3786 PCL CONSTRUCTION 8570 SUNSET W. HOLLYWOOD 349,495 972% Jul-01 3787 CITY OF SANTA MONICA VARIOUS LOC SANTA MONICA 3,367AW 0.5% Jut-01 3788 CI YOF LONG BEACH PALO VERDE AVE LONG BEACH 403.508 19.0% Jul-01 3789 CITY OF LONG BEACH PARAMOUNTAVE LONG BEACH 475.801 21.6% JuF-01 3790 CITY OF LONG BEACH WILLOW ST LONG BEACH 434,275 0.6% Jul-01 3791 WALT DISNEY MAGIC WAY ANAHEIM 59.720 99.0% Jul-01 3792 ANDREWS RANCHO DEL SUR FIRESTONE&RYERSON DOWNEY 89,150 99-9% JuM-01 3794 NORD RHEIN CORP FIRE STATIONS POLE 21ZBW 02% Jul-01 3795 CRESCENTA VALLEY WTR DIST VARIOUS ST., LA CRESCENTA 38.426 100.0% Jul-01 3796 CITY OF SIMI VALLEY VARIOUS LOCATMONS SIMI VALLEY 1;981,888 642% JuM-01 3797 LBUSD GOMPERS ELEM SCH LONG BEACH 548,552 98.6% Jul-01 3798 CITY OF LAGUNA HILLS PASEO DE VALENICA LAGUNA HILLS 1,199,616 97.5% Jul-01 3799 HEWSON ALAMEDA LLC SEPULVEDA WIO ALAMEDA CAROON 84.165 75.0% Aug-01 3801 VALLEY CREST LANDSCAPE SHADY CYN IRVINE 1'10.095 49.3% Aug-01 3803 BANK OF CANTON GARVEY&MOORE MONTEREY PK 44,335 65.1% Aug-01 3804 MCCARTHY UCl PARKING SMICTURE IRVINE 13ZOOD 974% AugDI 38DS LAUSDT SUPERIOR SCHOOL LOS ANGE.LES 601,8W 97.0% Aug-01 3806 MOOG AIRCRAFT GROUP 20263 WESTERN AVE. TORRANCE 27,500 925% Aua-01 3807 CITY of LOS ANGS OVERLAND AVE LOS ANcks 1.ffi9.812 s.1�14 . Y EXCEL PAVING COMPANY 3 OPEN JOBS AS OF FEBRUARY 2002 CONT DATE NOB OSNNERICONTRACTOR LOCATION CITY CoNmW AUg-01 3809 CHARLES PANKOW BUILDERS MONTEBELLO TOWN CTR MONTEBELLO 1i9,272 100.0% Sep-01 3810 J.A. JONES 11110 W.PICO BLVD., LOS ANGELES 195.056 0.4% Sep-01 3812 BURBANK AIRPORT AUTHORITY 2627 HOLLYWOOD WY, BURI3ANK 3.466.US 9.0% Sep-01 3813 CITY OF LAKE FOREST LAKE FOREST DR., LAKE FOREST 87,623 99.5% Oct-01 3814 PORT OF LOS ANGELES PIER 400 LEAD TRK, POLok Z568,444 0.5% Oct-01 3815 CITY OF PARAMOUNT ORANGE AVE, PARAMOUNT 999,490 0.5% Oct-o l 3816 BURLINGTON NORTHERN RAILROA WASH&INDIANA, VERNON 82,749 72-0% Oct-01 3817 NELSON &BELDING PORTSHEAD RD., MAL.IBU 128.500 0.0% Oct-01 3818 PORT OF LOS ANGELES BERTH 115 SAN PEDRO 1,584,710 0.4% Oct-01 3819 LAUSDT HARTE MIDDLE SCH., LAUSDT 269,269 1.9% Oct-01 3820 BULLDOG CONSTRUCTION 4400 CARTWRIGHT, STUQIO CITY 59.655 53.0% Oct-01 3821 CITY OF IRVINE MACARTHUR BLVD. IRVINE 388,8W 1.6% Oct7o1 3822 CALEX ENGINEERING CORRAL CYN, MALIBU 127.000 76.4% Nov-01 3824 DAMON CONSTRUCTION MANHATTAN AVE., MANkiATTAN BCH 120,000 0.0% Dec of 3825 CITY OF BELL ANITA DR&WEIK AVE BELL 144,9W 0.0% Dec-01 3826 CITY OF INDUSTRY CAPITOL AVE INDUSTRY 530,273 0.0% Dec-01 3827 W.E. UNEIL WASHINGTON&BROADWAY LOS ANGELES 46.300 0.0% Dec-01 3828 CITY OF REDONDO EL NINO STM DRAIN DAMAGE REDONDO BCH 427,195 0.0% Jan-02 3829 LA COUNTY PUBLIC WORKS COMPTON AVENUE LA COUNTY 1,253.944 0.0% Jan-02 3830 SO_ CALIF. DEVELOPMENT 1215 SAN ANTONIO DR LONG BEACH 44.126 0.0% Jan-02 3831 ARCH TECH CORP LONG BEACH AIRPORT LONG BEACH $1,000 0.0% Jan-02 3832 DAMON CONSTRUCTION LA CIENEGA BLVD. BEVERLY HILLS 11,600 0.0% Jan-02 3833 CITY OF LOS ANGELES GRAND CANAL COURT LOS ANGELES 690,381 0.0% Jan-02 3834 LONG BEACH AIRPORT GATES 3&4 LONG BEACH 477,324 0.0% Jan-02 3835 LONG BEACH AIRPORT SECURITY GATES LONG BEACH 373.434 0.0% Jan-02 3836 CITY OF LONG BEACH BELLFLOWER BLVD., LONG BEACH 522,675 0.09E Jan-02 3837 CITY OF LONG BEACH PARKCREST STREET LONG BEACH 487,365 0.0% Jan-02 3838 CITY OF LONG BEACH COLLEGE PARK DRIVE LONG BEACH 107.910 0.0% Jan-02 3839 CITY OF LONG BEACH VARIOUS STREETS LONG BEACH 1.157,011 0.0% Jan-02 3840 CITY OF GLENDALE CALIFORNIA STREET REHAB GLENDALE 265,869 0.0% Jan-02 3841 PORT OF LOS ANGELES MANUEL INTERMODAL TERMINAL PORT OF LA 10,946,975 0.0% Feb432 3842 CITY OF ALHAMBRA STREET&RD REHABILITATION ALHf MBRA 598,500 0.0% Feb-02 3843 CITY OF LOS ANGELES LAUREL CYN BLVD. LOS ANGELES 643.495 0.0% Feb-02 3844 VALLEY CREST LANDSCAPE SHADY CANYON PHASE 1B IRVItiE 95,168 0.0% Feb-02 3845 STRVE RADOS, INC. INTERSEGnON 15116TH LOS�NGEI Z137 100.0% Feb-02 3846 LAUSDT 42ND AND ANGEI MESA ELEM.SCH LOS AN. ELES 59Z700 0.0% Feb-02 3847 CITY OF GLENDALE STREET REHABILITATION GLENDALE 1,777.041 0.0% r_i- fv% 70ln r%A%nn LJAlA=l VA lklf% lim C 19TI.M CT I()NG RF" 16 3M 04% i. EXCEL PAVING COMPANY WORK COMPLETE AND BACKLOG AS OF MARCH 14, 2003 : ORIGINAL % BACKLOG/ JOB OPEN JOBS : CONTRACT : WORK WORK NO. PROJECT/OWNER/AGENCY : AMOUNT COMPL. REMAINING Ra==aa===owanaorannomaaa aaaaaaaaaaaaa ;�aaaa�sraaaaa ;�aa3tsaaaa aaQa3aaaaa 2002 OPEN JOBS 3718 710 FWY PCH TO 405 16,743,677 : .63.0% 6,195,160 3880. BERTH 212- 22SPOLA 4,292,540 : 76.0% 1,030,209 3895 PIER S PORT OF LONG : 10,426,708 : 31.4% 7,464,412 3867 SAN FERNAND LA 229,889 : 96.1% 9,286 3870 CRENSHAW BL LA 938,921 : 99.6% 6,341 3900 CENTURY PK LOS ANGELES 346,159 38.6% 283,610 3910 AMGEN CTR THOUSAND OAK 190.000 97.2% 5,164 3919 AVENIDA MAZA SANTA MONICA 8,800 Oro% 8,800 3929 OLYMPIC BLVD LOS ANGELES 370,608 : 95.0% 18,530 3607 BRISTOL ST., SANTA ANA 8,254,383 : 99.7% 22,738 3888 2001-2002 ANN BEVERLY HILL 1,134,623 : 54.1% 413,310 3922. BELLAGIO & NE LA 1.284,421 0.9% 1,273,366 3714 PIER T, PORT OF LB 10,293,022 : 100.0% 3,721 3843 LAUREL CYN B LOS ANGELES 643,495 90.0% 64,349 3876 PARTHENIA, LA 996,628 : 10.0% 12,176 3881 BROADWAY LA 2,614,839 : 89.0% 120,001 3829 COMPTON AVE LA COUNTY 1,253,944 99.9% 798 3884 DANA MIDDLE LOS ANGELES 613,813 : 98.0% 12,499 3916 OVERLAND ES LOS ANGELES 367,800 : 21.2% 289,851 '3923 OLYMPIC BLVD BEVERLY HILL 1,088,090 : 62.0% 413,905 3836 BELLFLOWER LONG BEACH 522,676 50.0% 260,251 3927 BUS CENTER, INGLEWOOD 1,196,393 : 85.0% 179,459 3941 SOUTH STREE LONG BEACH 261,465 : 1.2% 258,276 3943 SOMERSET BL BELLFLOWER 296,300 : 0.5% 294,754 3947 TUSTIN AVE., ANAHEIM 3,842,061 0.6% 3,823.173 3964 605 N. FIGUER LOS ANGELES 173661 0% 173,681 3955 WASHINGTON VERNON 160698 0% 150,698 3969 SANTA MONICA LOS ANGELES 34465162 0% 34,465,162 3962 S. MACLAY AVE SAN FERNANDO 428965 0% 428,966 3963 EL DORADO PK LONG BEACH 143245 0% 143,245 3969 BERTH 206-209,PORT OF LA 4772691 0% 4,772,691 3970 CABRILLO ES SAN PEDRO 369998 0% 369,998 3971 VARIOUS & WA CULVER CITY 1123642 0% 213,110 3972 633 W. 6TH ST., LOS ANGELES 10000 0% 10,000 3973 LOS ROBLES M THOUS OAKS 301007 0% 301,907 3974 DISCOVERY W SIGNAL HILL 86000 0% 86,000 3976 2401 E. RCH, WILMINGTON 10000 0% 10,000 3976 EXCELSIOR DR NORWALK 404000 0% 404,000 3977 ROSECRANS, NORWALK 208949 0% 208.,949 3978 WARDLOW/BEL LONG BEACH 672979 0% 672,979 3979 WARDLOW/STU LONG BEACH 777510 0% 777,610 TOTAL BACKLOG $66,631,992 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 27, 2004 Southern California Underground P. O. Box 1747 Brea, CA 92822-1747 Re: CC-1220— Ellis Avenue Drainage & Street Improvements Enclosed please find your original bid bond issued by The American Institute of Architects issued for CC-1220. Connie Brockway, CM City Clerk CB:pe Enclosure g:lfollowup/cashoont/retumbidbond.doc procedure#13 (Telephone:714-53"227 f THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Southern California Underground Mere insert full name and address or legal title of Contractor) Contractors, Inc., P.O. Box 1747,Brea,CA 92822-1747 as Principal, hereinafter called the Principal, and International Fidelity Insurance Co any, 1575 Treat Boulevard, Suite 208, Walnut Creek,CA 94596 (Here insert full name and a dress or legal title of Surety) a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter tailed the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ), for the payment of which sutra 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. W H E R EAS, the Principal has submitted a bid for Ellis Avenue DrainaFF and Street Improvements (Here inser ull name, address d description of project) NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bo onds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful rforman of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, in the even of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pa o the Obligee he difference not to exceed the penalty hereof between the amount specified in said bid and such larger aunt for whit the Obligee may in good faith contract with another party to perform the Work covered by said bid, the this obligation s it be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of November 200; uthern Gplifo is Underground Contractors, Inc. (principal) (Witness) By; (Title) Internati al Fidelity Insurance Com any n � V7�(Witness) By; f l/ (Seal) See Attached Surety All-Purpose (Title) Notary Acknowledgment Form Mark E. Shreckenga t 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. It7006 Printed on Recycled Paper 913 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.�907 State of California County of Orange On k&VCrbg - _2023 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- JAMES CRAIG JACKSON knowledged to me that he/shelthey executed COMM. #7255944 c, the same in his/her/their authorized V NOTARY PUBLIC-CAUFORNIA N ORANGE COUNTY 0 capacity(ies), and that by his/her/their my Comm(ssivn Expires APRIL3,2004 ` signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea[. 001 SIGNATURE OF O7 Y 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 TITLES) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) Southern California Underground SIGNER(5) OTHER THAN NAMED ABOVE Contractors, Inc. 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 18,2003 ,before me,Julie M.Ormondroyd,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 JULIE N1 0Ri40 ;DSQyD - person,or the entity upon behalf of which the person acted,executed the ; K' =': �Qr14M.#13 0'2326 instrument. $ = NOT,R'!Pl 9UC•G;L�?'RNIA S ���-4� 2 LOS ANGELES Y GC°.:.'Ty � WITNESS m hand and official seal. my Corp-n.Exr.hs Arid 75.. 5 Signal6relof Notary Public Place;Votary 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 c973>624.7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HONfE OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFMAMS YQ OW ALL NIEN BY THESE PRESENTS. That LVIERNATIONAL FIDELITY INSURANCE CONIPANY, 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 Z. 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,.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 permitted by law,statute,rule,reguladon,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 frilly 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 L\SLRA..CE 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 Annrneys-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 adapted at a meeting duly called and held on the 29th day or 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. �ra1TY/Hf IN TESTIMONY WHEREOF.INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 0�00-�(/A signed and its corporate seal to be affixed by its authorized officer.this 31st day of August,A.D. 1998. Q 4 SEAL '" INTERNATIONAL FIDELITY INSURANCE CO-MRANY Y 1904 STATE OF NEW JERSEY County of Essex W 1ERS <::! 'W_—/:! !� Vice- idenr On this 31st day of August 1998,before me came the individual who executed the pre utstntment, to me personally known, and,being by me duly sworn,said the he is the therein described and authorized officer of the V TERNATIONAI.FIDELITY INSURANCE COMPANY;that the sea?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. MApQG IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal. �Q„ at the City of Newark,New Jersey the day and year first above written. NOTARY OPUBLIC � JERS A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21.2005 I,the undersigned officer of INTERNATIONAL FEDELITY INSURANCE COMPA..W do hereby certify drat 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 18 th day of November, 2003. 4�0 Assistant Secretary + '!, •' '; ".xt?f r+'j�,n"r.Jr. ',A'!I•.r5 � ..."v;,J' 'x e r er r ti• .a F i. 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"L,� ���,�r,h�t•'�"td��`,M r��, ,AIL rt•'�`k'r .,.q�y�.�,,,��,'?�S'y„'S'.hxr`��`�,wws T,y4�.,'" „$`�+�'�•,.S�e'ti7r r�r T � f"�H!'F'��+'�`•.rA � ?w�45� CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT from CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 18, 2003 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY, DIRECTOR DEPARTMENT OF PUBLIC WORKS Doc. ELLIS SPECvl V`r.1.13 SECTION C PROPOSAL for the ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT From FROM CHALK LANE TO NEWLAND STREET CASH CONTRACT No. CC 1220 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HtiNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in . the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-t PROJECT BID SCHEDULE tem Estimate tens.wi Elplt puce ;_ . _ xten e .. ... ::No .. .Qt�anti .. ... ........ ittep�n words... =:::Uait Price ::Amou>rit.... . 1 1 Mobilization �. L.S. GuD1J�?2h a +J-6 G1 Se4-A d_ Dollars $f3,CQ6.— S/ 000— �r r Cents Per L.S. 2 1 Traffic Control Plan L.S. @ TWO `ia µ-5e:0 _Dollars $�_ $ 2� G2'�•r .+�e C O Cents Per L.S. 3 1 Furnish Project Traffic Control_ L.S. _ TrVt�`e ` VL-Xe,-.k Dollars $ Cents Per L.S. 4 29 Remove&Install 18"RCP 2000-D With Concrete Encasement L.F. @e5 e h u.n&Lr-,yJ 4-r!!je Dollars $ 9-e-t•p Cents Per L.F. 5 206 Remove&Install 18"RCP 2000-D L.F. @ &AeL"d 'imt*X 4Ve- Dollars $ 13 5.` S 7 8 0. �C'O Cents Per L.F. 6 1464 Remove&Install Concrete Cross Gutter '1 S.F. @ ��`�{t Dollars S g• r S L..M Cents Per S.F. 7 87 Remove&Install Concrete Curb Adjacent To Cross Gutter L.F. +@ 7LI7,7 Dollars S S 2 6 ?Cr-6 Cents Per L.F. 8 240 Remove&Install Concrete Sidewalk S.F. @ St'4 Dollars S Cents Per S.F. 9 2 Remove&Install Junction Structure Type"D" { EA @ -40uSr nd Dollars S S COL. 33-Cr0 Cents Per EA 10 2 Remove&Install Catch Basin With 2"Gutter Depression EA FiVie 40 US4 vd Dollars S 5060.-� $ /0.D_00_.r zZdre) Cents Per EA � Total Amount Bid in Figures: $ b3� Total Amount Bid in Words: ....... ..................................................... ...x..... ............. ................................. 5y C-Is 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 &VO,9r916-din 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 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 Ndme:and Address-of Subcontractor.: State License Class of. Work 1Vumher 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 Geer �S'fi , being first dui sworn, deposes and says that he or she is ofS� �.ia U�ia4WMd &"d" . 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 to relative thereto, or paid, and will not pay fee to any corporation, partnership, company ass ati n, organization, bid depository, or to any member or agent thereof to effectuate a collEtur bid. I&AWW and L°on8a&tau, 'ga. der f Bidder G ox /74 7 $rea Address of Bidder Subscribed and sworn to before me this 8' day of 1U0 , 2003 JAMES CRAIG JACKSON r COMM.#1255944 c� NOTARY PUBLIC-CALIFORNIA H V ORANGE COUNTY OA My Commission Expires APRIL 3,2004 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 ELLIS AVENUE DRAINAGE AND STREET IMPROVEMENT, (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 contai herein. Can actor By Title Date: S p 3 C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No_6907 State of californig County of Orange Ono.ve2nher i�� 2ocL3 before me, James C. Jackson, Notary Public OATE NAMF.TITL@ OF OFFICER•E.G.,'JANE DOE.NOTARY PUBLIC- personally appeared Ceopae Frost NAME(S)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 ac- JAMES CRAIf,JACKSON knowledged to me that he/she/they executed COMM. #1255944 n the same in his/her/their authorized v NOTARY PUBLIC-CALIFORNIA rA V aosoxpMyCmmisinEes capacity(ies), and that by his/her/their APRIL3,2004 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JV SIGNATURE oPNo-r 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 717LE(5) TITLE OR TYPE OF DOCUMENT L� PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES l j TRUSTEE(5) r—i L_� 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. ®1993 NATIONAL NOTARY ASSOCIATION-8236 Rammet Ave.,P.O.Box 7164-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 14 No If the answer is yes, explain the circumstances in the space provided. ©-1^ s D'10- 90 bL,-r- Nr 1- r,�a`2 1Fy V t'c9 k-T-►'C0.1 d /a l Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following_certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisionLthat nd I will comply with such provisions before commencing the performaof this contract. ontractor By Title Date: Nov /8, ,?UO3 C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of.�alifornia County of Orange On .&,veMber /g1 2OCi3 before me, James C. Jackson, Notary Public -DATF NAME,TITLE OF OFFJCER-E G."JANE DOE.NOTARY PJBLIC" personally appeared George Frost I 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 JAMESCRAIGJACKSON subscribed to the within instrument and ac- COMM.#1255944 knowledged to me that he/she/they executed H y NOTARYpUBECOUIFORNIA ORANGE COUNTY n the same in his/her/their authorized � My Commission Expires APR lL3,201]4 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r siamA-I,61166F 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 TITLEfSJ TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED L GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ti _ GUARDIANICONSERVATOR ❑ OTHER; DATE OF DOCUMENT ^ SIGNER IS REPRESENTING: NAME nF PERSON(S)OR ENTITY(IES) Southern California Underground SIGNERS)OTHER THAN NAMED ABOVE Contractors, Inc. C1993 NATIONAL NOTARY ASSOCIATION-8238 Flemmet Ave.,P.O.Box 7104•Canoga Park,CA 91309.7184 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only b t awarded Contractor prior 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: Nate: 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 INFORMATIO BIDDER certifies that the following information is true and correct: sodAm Wkyja al7il/Il4Ae/illn. 1�n«fnn�fnnr AMA. Bidder Name P.G ogtdX 1-7`y 7 T Business Address City, State Zip 3! '. 6 3 9 — 'Z 3' 7 Telephone Number .6;//3-5 G 14 State Contractor's License No. and Class 21 Original Date Issued Expiration Date The work site was inspected by 6,eq�j e Fr o s t— of our office on A.)o v /7 , 2003 The following are persons, firms, and corporationshaving a principal interest in this proposal: �eo rS e 0"�s r— .._.�, C-9 The undersigned is prepared satis the Council of the City of Huntington Beach of its ability, financially or otherwise, t perform a contract for the proposed work and improvements in accordance with the plans d specific tions set forth. ou�lwuc ja mu&ww and &*actou, 9k C mpany Na SignatuXder Printed or Typed Signature Subscribed and sworn to before me this l�day of 2 JAME5 CfiA1G,IACKSON COMM.#1255944 o V NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY VMy commission Expires APRIL 3,2404 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: S'e�e_ ez c A e c) Name and Address of Public Agenev 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 • Rev 10/30/03 Southern California Underground Contractors. Inc. Contract References Los Angeles County Department of Public Works, $1,130,000 "Atlantic Avenue - Phase II" (Compton) Mr. Johnny Oghoorian(626)7124820 Mr. Issa Adawiya(626) 786-5807, (626)4584931 Los Angeles County Sanitation Districts, $6,200,000 "Project 9037" (Long Beach) Mr. Rene Bracamontes(626) 487-9254 City of Yorba Linda, $690,000 "Denver Avenue Storm Drain" (Yorba Linda) Mr. Scott Walker(714) 8754714 (714) 986-9546 Los Angeles County Department of Public Works, $140,000 "Project 554" (Monrovia) Mr. Victor Bermude(626) 688-8275 Los Angeles County Sanitation Districts, $8,380,000 "Joint OutfalI "H", Unit 2" (Paramount) Mr. David Haug(310) 830-8050 Mr. Dan Cory (310) 7014925 Los Angeles County Department of Public Works, $480,000 "110t" Street Drain" (Athens) Mr. Jimmy Shadab (310)770-1990 Los Angeles County Sanitation Districts, $1,292,000 "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, $344,000 "Roxbury Drive Storm Drain" (Beverly Hills) Mr. Ara Maloyan (310) 285-2557 - Rev 10/30/03 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, $675,000 "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 Bumett 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, $90,000 "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