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HomeMy WebLinkAboutElite Bobcat Services, Inc. - EBS - 2009-05-04j ':.. RECEIVED BY: (Name) ij (Date) A� TO: Sh'ari=Freidenr0T, City Treasurer f FROM:('17V( Lz�tr� DATE: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. / f1 Approved (Council Approval Date)/ 1 (Company Name) -7- 61 M10 Agenda Item No. City Clerk Vault No.r(i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating RECEIVED MAY 16 2011 #27 g1followup/bondletter.doc Hu TINGTON BEACH .... 1W) City. of Huntington beach INTER -DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM: David Verone DATE: 5/5/2011 SUBJECT: Retention Release Payment Company Name: Elite Bobcat Service Address: 1320 E. Sixth Street, Suite 100 City, State and Zip Code: Corona, CA 92879 Phone Number: (951) 279-6869 Business License Number:A207722 Local Address: N/A Notice of Completion Date:2/25/11 Contract Purpose: MSC455 Tree Petition Street Rehabilitation The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no T p notices are on file on the subject Date�l Travis K. ote I certify that there are no outstanding invoices on file. � 1R' ! Date this lime. , Public Works Director r_1\1 )A71 .Ao >1/1 !� puty City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Flynn, City Clerk Retention_Release_Payment.doc 5/4/2011 4:17:00 PM RECEIVED BY: (Name) (Date) owl CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM:CJI— DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No.s'.� Approved a (Cotincil A roval Date) (Company Name) :�:&i0 el a Agenda Item No. /0 City Clerk Vault No.60-0 J #27 g1followup/bondletter.doc BOND #7610810 PREMIUM INCLUDED IN MAINTENANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That ELITE BOBCAT SERVICE, INC. [contractors name] 1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 f contractor's street address, aly and state and zip code) as Principal (hereinafter called Contractor), and: FIDELITY AND DEPOSIT COMPANY OF MARYLAND [surety's name] C/O ZURICH 1400 AMERICAN LANE, SCHAUMBURG, IL 60196 {surety's street address, city and state and zip code] a corporation organized and existing under the laws of the State of MARYLAND with Its principal office in the City of GLENDALE, CA as Surety (hereinafter called Surety), are held firmlyy bound unto CiTY OF HUNTiNGTON BEACH as Obliggee ((hereinafter called Owner), In the amount of CHREE MILLION FOUR HUNDRED THIRT�Yy—yEVEN THOUSAND TIGHT HUNDRED FORTY—TWO AND 83/100 S Dollars (S3,437,842.83 ) for the payment whereof Contractor and Surety bind themselves, and assigns, jointly and severally, firmly by these presents, their heirs, executors, administrators, successors, WHEREAS, Contractor has by written agreement dated 2009 entered into a contract with Owner for the RECONSTRUCTION OF VARIOUS STREETS MAINTENANCE SERVICE CONTRACT #455 PHASE II in accordance with drawings and specifications prepared by which contract is by reference made a part hereof (hereinafter referred to as the Contract), and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be FEBRUARY 25 2011. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either. (a) remedy the default, or (b) shall promptly - complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available I0-2567150593 IV - as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Sureety's election to (a) remedy the defaults) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of.the Principars defauit(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages for if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does Issue its. Notice of Election and does not proceed to cure or remedy the Principal's. default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be In default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 14TH day of Principal Raised Corporate Seal [MUST BE AFFIXED) Principal Raised Corporate Seal . [MUST BE AFFIXED) NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. APRIL 20 11 ELITE BOBCAT SERVICE, INC. (Contractor Name) By: (Seal) (Title.) FIDELITY AND DEPOSIT COMPANY OF MARYLAND By. (Surety Name) G�k (Seal) RICHARD A. COON/ATTORNEY-IN—FACT ADAS TQ FORM JB cGRATH, City Atto=y 10-2567/50583 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eYi� ®r .d' a' - � y' "v' a' a' � - •Jd' y - ®rr ;y �' a' ar".v a a' arr r7�^' STATE OF CALIFORNIA County of Orange } On 4-14-11 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Names) of Signer(s) LEXIE SHERWOOD COMM. #1856389 3 kV7 NOTARY PUBLIC o CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and 91ficial seal. Signature Place Notary Seal Above Signature & o Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - wwwNationaiNotary.org Item #5907 Reorder: Call Toll -Free 1.800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e cis by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and a v ,� d deliver, for, and on its behalf as surety, and as its act and deed: any an p in xecution of such bonds or undertakings in pursuance of these pre se 1 in as fully and amply, to all intents and purposes, as if they had been d tW A ac gularly elected officers of the Company at its office in Baltimore, Md., p Per 4 attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the affixed the Corporate Seal of th November, A.D. 2006. ATTEST: �p DUOS r J _ O P 4 State of Maryland I ss: City of Baltimore e said Vice -President and Assistant Secretary have hereunto subscribed their names and said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary f.� By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H ACKNOWLEDGMENT ■■aeaaeeeeeaoaeaeaeaaeeaaeeaaeaaaaaeeeeaaeaaeaaaeaaaeeaaeeaaaaeaeeeaaaaa� State of Cali ornia County of'��iR`(S\ �� } SS. On t \ before M, Notary Pu lic, persona y appeared , who proyq to me on the basis of satisfactory evidence to be the personN whose _nameNis subscribed to the ' hin instrument and acknowledged to me that executed the same in hi authorized capacity lt,,Q, and that by a ' signatures on the instrument the persons or the entity upon behalf of which the persoN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ _ s JEFF LEE Commission # 1771954 < ,r Notary Public.- California z. z! Riverside County '- \slx� My Comm. Expires Oct 5. 2011 Signatu e fg�r eaeeeeeeaeaaeaaeaseaaaaaeaeeeaaeseaaeeaeaaaeaeaaseaaseeeeaaaaaaaeaaaaeee� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ,_. 2008 .Aflsiate No`c'iry Pre—ara' o., n".. - , ..✓,C_-f+Jir• ;"a";r�N. [SL3i�`?Gtc�: ,C ,'�", Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: MSC # 4 The undersigned contractor on the above -referenced project CProjecn hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perfonming work under the contract for the Project have been paid pursuant to the Minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate• determinations of the State of California, Department of Industrial Relations, andlor the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 14TH_ day of A PS I L , 20 it at Q () RO N A. , California. ELITE BOBCAT SERVICE, INC._ (Type Contractor Name) By: Name: [TypeNamel KATHY FAIRWEATHER Title: [Type Title] -_ JRZ RN Y`t�PAYROLL SUPERVISORI U Al ty0L 7US 63-a'b • 0-(P MS42.i Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Deparbnent of Public Works 2000 Main StreetT.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: MSC # 455 Project: RECONSTRUCTION OF VAROIOUS RESIDENIIAL.STREEIS -_ The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _t4JJ:L day of A R R 1 L , 20_it at CORONA , California. KATHY FAIRWE T ER (Type Contractor .blame) By: JJ Name: [Typ ame] Title: [Type Title] RA JR , 2 S911.1 CONTRACTOR'S CERTIFICATE I, JOSEPH A. NANCI , state and certify that: (Name of Declarant) . ELITE BOBCAT SERVICE, INC. is the general contractor to. the City of Huntington Beach ("City") on Contract No. MSC # 455 (the "Contract' } for the condtruction of the public work of improvement entitled: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): iV ONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE'): A/6 -e- - I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed at CORONA, CA on this 14 day of ,APR, , 20_ti. (Signature of Declarant) APPROVED AS TO FORM $y: r q,.Ib 3 • Z° • ot� Name: [Type Name] Title: [Type Title] 20914.1 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111111111111 NO F E E 2011000105315 03:56pm 02/25/11 93 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY 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 Elite Bobcat Service, Inc. who was the company thereon for doing the following work to -wit: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS — MSC 455 That said work was completed February 10, 2011 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 February 10, 2011, 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 February 16, 2011. 7 irec or of Pub is 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 Recorder of range County. Dated at Huntington Beach, California, this February 16, 2011. 1 This doc*= Of the is ty elyof forth® oifitdal f irector of Pu lic Works or City Engineer t�usinesa of the C(ty � Huntington (�f Beach, as contemplated under City of Huntington Beach, California Government Code Sec. 6103 and should b s recorded free of charge, THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) �.+�...:.1-+ u �.ti _ ,V,,, .. .. ,,,...- ....�--,,,-,�-,.- - �_ ," � •-e�..:.-..--•--•:-..-.:.�-:,,. u::q:..:,.y.-v't--!'":-'^.�-+.:�1,. ,�.,".7,:�t.`...,=:.,.=v:n..r+r�.,."u�,rr— �w- v-.,- -.. .. .....r�s.; m.:.�.;ti,�....n�"'w.,�F•....,.,--�.i:Y^.,.-.-..a::=*�,'--�.•,. 'r-�l r RECEIVED BYCE CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) (i �. after signing/dating Pr- oc� (Date) I E CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: h-3 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. t\ i Approved ,V- r 7 (Council Approval Date) (Company Name) --:760 Agenda Item No. City Clerk Vault No r #27 g1followup/bondletter.doc 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38, 39. 40. 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND sz® ts -xw c o --- FOR O 1�c3'�Q'di�c�Cs cad �iC� aF/e 'ea &V 0 15w- TABLE OF CONTENTS Pam STATE OF WORK; ACCEPTANCE OF RISK ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION .4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 SIGNATORIES 20 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACIJ AND Z—F 4 A '&JC1:. -/ �c�� coo c� , 9-AK FOR 0a, laoAd n r& dye- 642 ut?� t s�%�� „----- THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Zoo 6 & 4 , ns I/ rZ?le V e c (EF , a California e? , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum r¢/® paillia" -P dlee018 M;e ,i mo-,Ide d .4r4z not to exceed S'(9dva a*4 geih , 4 dg ccey& Dollars ($ IV �- 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 ''oeae ¢y �L( '10) 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. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 of 22 the sum of Aw /4141?c/ Dollars ($ 6-00o 0" ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. Agree/surfnet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:��d 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 13 X F . 9, y ice 5�- &4-- WD COCOA, CPr q).d-7g The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surFnet/cityconst 12-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on OV 2067. CONTRACTOR By: _ I, A 1cIKP�' � xys-\ print name ITS: (circle one) Chairman residen ice President CITY OF HUNTINGTON BEACH, a municipa ration of the tate qyf California /-,< rtk� -Tvi ayor irk fil& INITIATE D APPROVED: ANDirector o ublic Works By: REVIEW D APPROVED: print na e ITS: (circle one) ecreta Chief Financial Officer/Asst. y Administrator Secretary - Treasurer APPROVED AS TO FORM: City Attorney O i 1 � (\ g/agree/surfnet/cityconst 12-07 22 of 22 X A SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCIE SERVICE CONTRACT I# 455 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 Two Hundred Twenty (220) 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. (I'- t U If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. BIDDER'S 10% OF THE AMOUNT Accompanying this proposal of bid, find BOND in the amount of $ OF BID which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No Date Received Bidder's SiRnature e � -------------- a < .e,. ...y."e�+-�--......_.tee..-.. . ............ �_e....,...,._�....�,.."....�.�.i....«.......,.�..��........,.,.....---�....«..... Yi p: C'. 7 MSC a 455 Project Bid Schedule ITEM APPROXIMATE UNIT � NO. " QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 237 REMOVE/DISPOSE OF PARKWAY TREES %a�C '7 (/> 1 AT Slnv 14:vz,,., Bch PER EA. 89,654 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) AT �n f�/� — PER SF "P ' 2 (L ,vf� 4�� 137,190 PARKWAY EXCAVATION AT 0, 5 PER SF 01 1�2 7� 3 144 REMOVE/REPLAGL IRRIGATION SYSTEM IN PARKWAY AT -- l"' d� PER EA. 30 4 cep 262 REMOVE/REPLACE WATER METER BOXES %� 5 AT �' ,.,,� --- __ PER EA. r 27,438 REMOVE/DIS OSE OF CURB AND GUTTER(CURB RAMPS INCL.) PER LF - 6 AT �I� S'� -z� - 27,438 REMOVE/DISPOSE OF f ASPHALT CONCRETE (Gutter Slot) 06 %f PER LF' / 7 AT ��� 0 OZ-- 8 49,395 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT® /)o d& PER SF 16,128 REMOVE/DISPOSE OF EXISTING.CROSS GUTTER '- � 9 AT L, ( PER SF 42,579 'REMOVE/DISPOSE OF SPANDRAL AT-- 2LPER SF f_ 10 w c, i 27,438 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 ! AT PER LF 49,395 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) `7��- .T-- PER SF `� �� 1 �7i� 12 ATE. �v t�r/ /+ 1 89,654 CONSTR CT P.C.C. SIDEWALK (per Standard Plan 207) / �g®� 13 AT PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 109) / TON °i �, 14 AT JZ!/b%-vd..._.,_a / PER > 71 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 'l , Ay I 15 AT,:2" zt t!% A Nc,,PER EA. ,.; 3 61 42,579 CONSTRUCT SPANDRAL (per Standard Plan 205) AT �l O ` PER SF U 2 �� �7,5'� 16 f� 16,128 ,CONSTRUCT CROSS GUTTER per Standard Plan 205) �. �' �- 17 AT -� PER SF > 346 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per ev e �. Q, �, ` c* 18 AT PER Lot U 19 333 PLACE NE PARKWAY TOP SOIL ND RESEED AT.i�-� t.✓�.. �.t�'H-. --�• PER EAR � 1 C-2 s MSC - �455 Project Bid Schedule TEM APPROXIMATE UNIT I NO. QUANTITY ' ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 1 I FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard Lr I 333 Plan 714) o r- 20 AT(icta�% �=' PER EA. I �> 1 115,345 COLD PLANE AT PER SF 292,080 FURNISH AND INSTALL PETROMAT AT zf`j0� � ` � e ��-� PER SF ¢ 575; 2 2 - ONE & ONE-HALF INCH OVERLAY ATf�., i x y?, f/��t5 1 PER TON �6`73t'j�® .. NNO2,629 I23 724 23 ADJUST WATER VALVES d1-d ATr PER EA. I . 25 ADJUST MANHOLES AT 744 Lra �P E R EA. I, 25 I ' 52 PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND AT .. c PER EA. .. I_ 26 Amount Bid in Figures: Amount Bid in Words: The award of contract will be determined by the base bid $ a. 9 4n. qq"7- S�� C-2s rig MSC a 455 (Alternate) Project Bid Schedule ®akgr®ve, Esta, Pratt, Ivory ITEM APPROXIMATE UNIT . NO. QUANTITY,,.. ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 17 44 REMOVE/DISPOSE OF PARKWAY TREES AT S � PER EA. co ? ga 1 � .� , 2 8,7a� �6) REMOVE/ ISPOSE OF P.C.C. SIDEWA (CURB RAMPS INCL.) ,AT PER SF �.-� 94 63----- lop 114 fte7� n 1 a; 1.0 PARKW Y EXCAVATION AT PER SF o �. �- `/S 33® 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY -� EA. i� oil - %,�: AT' PER �� 48 REMOVE/REP ACE WATER METER BOXES 0 Z� F� �JC .NO 5 AT c. PER EA. 3,022 REMOVE/DISPOSE OF CURB A D GUTTER( URB RAMPS INCL.) ©C) PER LF 6 AT & 3,022 RE OVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) �5. PER LF � Lk-A- ! 6, 8,330 REM"EIDISPOSE OF P.C.C. DRIVEWAY SF �a 8 AT tv PER REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT PER SF - REMOVEIDISPOSE OF SPANDRAL 1 AT PER SF 3:022 ONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202)66 _ �c> [AT a 1'1, `- �., 1 PER LF 8.330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) O�, 12 AT PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) Eic� SF --- SD, 1.3 R PER CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard eJ 114 Plan 109) � � , 14. AT U PER TON n � CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 9-7-R 15 Al'7_,\1 b--,o.� l f�, c�.ti-� �i �,.. f7Lv�� EA. 3 ` CONSTRUCT SPANDRAL (per Standard PI an 205) AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT PER SF -- 49 FURNI H/INSTALL ROOT BARRIER (2) EACH LOCATION (per Lat. c� l csf 1fi ATiZs�t_.u,� L�f2 \'Y� PER 49 PLACE NEW PARKWAY TOP SOIL AND RESEED PER EA.�J vn 1 Q 19 AT�.a,2 %�owy1 c`_{ MSC o 455 (Alternate) Project Bid Schedule ®akgrove, Esta, Pratt, Ivory TEM NO. APPROXIMATE:: QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS UNIT PRICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 49. Plan 714) '1 ,,��,,�� AT /� c,� l�uwr�f�. ``'�. PER EA. t 60% 13.365 COLD PLANE C' PER SF - / I0 ODL 2� AT �.,� m�S 34,200' FURNISH AND INSTALL PETROMAT AT r C PER SF o .22 ONE & ONE-HALF INCH OVERLAY Ga '3 308 AT v PER TON — ADJUUSTIPATER VALVES A 4 AT 14lQ PER EA. .. -3 24 ADJUST MANHOLE Cp _.. � 3 -- AT E ( o i!1 PER EA. c 25 RTEPARE PRE & PO T-CONSTRU TION aORNER RECORD AND0v J t !2 K �.s PER EA nt Bid in Figures: $ ' nt Bid in Words: I FI 1 str� C-25 S ::rlh. ; =, 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 of Work Name and Address of Subcontractor State License Class Number L�9wc�;R `y$v�Se.ayte...�.1^A...; L4 07V� P2+ N/✓� S �nv (moo d�.� a R A .1,C !L-- 5-11 / I i i {{ i d n i �I s i t 2 s z � 1 !� ! .. ,� .__ { .ram_.........._.... it Si .. 1 1} 3 IMF ( i i i iLLL IE[ I z is 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 A, NONCOI.LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED I'ED WITH BID State of California ss. County of Orange JOSEPH NANCI , being first duly sworn, deposes and says that he or she is PRESIDENT of ELITE BOBCAT SERVICE, INCthe 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. Subscribed and sworn to before me this NOTARY PUBLIC ELITE BOBCAT SERVICE, INC. Name of Bidder Signature of Bidder JOSEPH NANCI-PRESIDENT 1320 E. SIXTH STREET, SUITE 100 CORONA, CA 92879 Address of Bidder day of ,20__ NOTARY SEAL State of California County of �"'4 Y 5 \\k On %, .before me, a notary public, personally appeared Je,�� �, ��n%A ho proved to me on the basis of satisfactory evidence to be the person)ose namn) �a subscribed to the within instrument and acknowledged to me=atge executedthe same in lii authorized capacityjl*, and that b r signatureN on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature 14'bA\0 (Seal)�Go��r�� ,SSA �`\� • GQv �y,`b 6y�` UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTING'TON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: MARCH 2 3, 2 0 0 9 C:'-5 ELITE BOBCAT SERVICE, INC. Contractor B J.OSEPH NANCI-PRESIDENT Title d d i DISQUALI>F'ICA'TION 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? Cl 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 CER'TIFICA'TE 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 1 will comply with such provisions before commencing the performance of the work of this contract. Date: MARCH 23, 2009 G 7 ELITE BOBCAT.SERVICE., INC. Contractor "Bv _ JOSEPH NANCI-PRESIDENT Title 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 Title 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-s BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ELITE BOBCAT SERVICE, INC. Bidder Name 1320 E. SIXTH STREET, SUITE 100 Business Address CORONA, CA 92879 City, _State ._ _._ �. Zip ( 951 ) 279-686g Telephone Number 720016 A State Contractor's License No. and Class 05/1994 Original Date Issued 3/31/2010 Expiration Date The work site was inspected by JOSEPH NANCI of our office on MARCH 19 , 2009 g,. P-'� The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ELITE BOBCAT SERVICE, I Company Name Signature of Bidder JOSEPH NANCI-PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC , 200^ 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 COSTA MESA 77 FAIR DRIVE COSTA MESA, CA 92628 Name and Address of Public Agency Name and Telephone No. of Project Manager: FETE MERIT 714 925 7432 $299,907.50 CONCRETE IMPROVEMENTS 11/2008 .._.. .......................... ___ ................ Contract Amount Type of Work Date Completed 2. CITY OF LAGUNA WOODS 24264 EL TORO ROAD LAGUNA WOODS, CA 92637 Name and Address of Public Agency Name and Telephone No. of Project Manager: DENNIS NELSON 949 754-5610 $408,518.00 STREET IMPROVEMENTS 08/2008 _..._ .._ ................. _._._.._ .. w.__ Contract Amount Type of Work Date Completed CITY OF PERRIS_101 N. D STREET PERRIS, CA 92570 Name and Address of Public Agency Name and Telephone No. of Project Manager: JOHN BURTON 951- 943 - 6504 -$1,0.2.7,475.00 STREET IMPROVEMENTS. 08/2008 Contract Amount Type of Work Date Completed State of California \ County of lk, � 5�4 Onbefore me, a notary public, personally appeared 4o proved to me on the basis of satisfactory evidence to be the person, ose named s a•subscribed to the within instrument and acknowledged to me t `e she4key executed the same in is authorized capacity(, and that by is ' signatures.) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand an official seal. Signature (Seal) \go��� yy INN \550 ,�\�Gg�jG,pJ �� Dy 0`S` byry Bond No__08739262 --------------------� Fidelity andDeposit Company POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 RID BOND KNOW ALL MEN BY THESE PRESENTS: Elite Bobcat Service, Inc. That we, --------- — -- - - as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEtosrr COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fu-mfy bound unto_- Cit-of Huntington Beach Obligee, (hereinafter called the "Obligee"), in the sum of____ -ten percent of amount 10- ----------------- bid -----------------------------------Dollars ($_._---------------------- ), 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 ------ _—--- —---------- —--------------------------- _ -- Reconstruction of Various Residential Streets No. 455 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-------_-__-_ 19th y March A-D-,20 09 - ----- - -- -- - --da of--------- — ---------- ------------ ------- ---- - ..... Witness C325f-50M, 7-92 Canfo m Am i"A 1-61.te of Ardvrcits Ooo,mcnt A-310. . Ptbr 'y 1970 r'dkion. Elite Bobcat Service,__ Inc - - -------------------- --- - - Principal Witness © � ' BY:-- S E ----- - -- -- i ------- - -- --- ------------------ Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety � _ - - BY = '---------- (SEAL) ----------- --------- ---- -- ------ 0 EY-IN-FACT Title Richard A. Coon CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 3-19-09 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD COMM. #1593951 ic NOTARY PUBLIC *CALIFORNIA n ORANGE COUNTY -� Comm. Exp. JULY 27, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and off' ial seal. r Signature Place Notary Seal Above Signature ofT466r blic OPTIIONAL. 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e , Cos `by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB nW e S OOD, all of Anaheim, California, EACH its true and lawful agent and ma U�d deliver, for, and on its behalf as surety, and as its act and deed: any an, n �,� execution of such bonds or undertakings in pursuance of these present l ina oft i 1�i as fully and amply, to all intents and purposes, as if they had been d r t ii�acc n h gularly elected officers of the Company at its office in Baltimore, Md., i�� Per ` )` attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,' d c _f R a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ge�by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-LWs" said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D_ 2006. ATTEST: DUO, a o J WUA � State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written- Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of Ii�, O4o,� '; before me, a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person ose nameN(Dare subscribed to he within instrument and acknowledged to met t el s� executed the same in is authorized capacity(}, and that by is l�� signatureNon the instrument the person'N, or the entity upon behalf o which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my harld and official seal. a -t Signature (Seal) � `gyp \\G G0�'4�. 9 G0 J0 \a G� .�iy INC. ELITE 0013CAT SERVICE GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 - CORONA, CA 92879 Tel: (951) 279-6869 - FAX: (951) 279-6832 City of Huntington Beach City Cleric 2000 plain St Huntington Beach, CA 92646 cr% EALED BID FOR Reconstruction of Various Residential Streets Project No. 455 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 19, 2009 Elite Bobcat Service, Inc. 1320 E. Sixth St., Ste. 100 Corona, CA 92879 Attn: Willie Ellis Re: Reconstruction of Various Residential Streets — MSC 455 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, J n L. I n M Y y Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citi��o�to�1J)ReaSt casnCbii ilstt�rr�ocNew Zealand (Telephone: 714-536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title]1, ar, UTA: �jRNEY -T1U--Iy 03 ab - tstp 1 24,542A Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] JEr , It� R a t� - !� c`�RNEY 1 JL) 3--,�6-Cp 245911 1 I, 1 CONTRACTOR'S CERTIFICATE state and certify that: (Name of Declarant) is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20 (Signature of Declarant) APPROVED AS TO FORM By. - �� 1 -7/6-1lJ 3 Zo ol� Name: [Type Name] Title: [Type Title] 245914 1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating t .,9_ IMIJ : i _ k TO: Shari Freidenrich, City Treasurer FROM:C- DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved A (Council Approval Date) (Company Name) � 3 Agenda Item No. City Clerk Vault No. Io°i Cyr" #27 g:/followup/bondletter.doc EXECUTED IN TWO COUNTERPARTS Bond No, KNOW ALL PERSONS BY THESE PRESENTS: 7607963 PREMIUM: $26,566 WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated , 20_, entered into a contract with ELITE BOBCAT SERVICE, INC. 1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT #455 (MSC455) (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BLVD., SUITE PENTHOUSE, GLENDALE, CA 91203 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of TWO MILLION, NINE HUNDRED SIXTY THOUSAND, NINE HUNDRED FORTY—SEVEN AND 85/100'S Dollars ($ 2, 960, 947.85 }, this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder-, then this obligation shall be void-, otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shalt in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 2n_91 1 PERFORMANCE BOND Page I of 2 Bond No. 7607963 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849, The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: APRIL 21, 2009 ATTEST ELITE BOBCAT SERVICE INC (Corporate Seal) (Principal Name) By, -- Name: \\ R Title:' ATTEST FIDELITY AND DEPOSIT COMPANY OF _M_ARYLAND (Corporate Seal) (Surety Name) r, �Lt�L/ By: ��� Name: RICHARD A. COON/ ATTORNEY— IN —FACT _ (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 8( 18 ) 409-2800 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH L?e:n�_niferMc ath It Attorney Note: This bond must be executed in duplicate and dated, elf signatures must be notarized, and evidence of the authonty of any person signing as attomey-in-fact must be attached. 277591.E PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE A • Drs State of California County of Orange On 4 - 21- 0 9 before me, Jan C . Moran, Notary Public Date - Here Insert Name and Title of the Officer personally appeared Richard A. Coon r JAN C. MORAN ro COMM. # 1789349 o® NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 0 n COMM. EXPIRES FEB. 17, 2012 Place Notary Seal Above Name(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Ja C . Moran 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited j General ❑ . Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT 'OF SIGNER, re f thumb he Number of Pages: Signer's Name: ❑ Individual Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ,RIGHT -THUMBPRINT OF'SIGNEB "'_r 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and ma V ," d deliver, for, and on its behalf as surety, and as its act and deed: any an o n xecution of such bonds or undertakings in pursuance of these presen 1in y, as fully and amply, to all intents and purposes, as if they had been d t hiac[cn h gularly elected officers of the Company at its office in Baltimore, Md., P per, attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, C a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 0s a eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s" said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: �p DEPps� r � _ o 0 1$99 i W State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary All By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t J 1. A.1�!1 • �- ''phi n�i�NJ, Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of . before me, 'J� L�� , a notary public, personally appeared )y4o proved to me on the basis of satisfactory evidence to be the person Aose name is subscribed t �p4e within instrument and acknowledged to me that p+&4k y executed the same in is authorized capacity, and that by his signatureon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my han6L and official seal. Signature EXECUTED IN TWO COUNTERPARTS Bond No. 7607963 PREMIUM: INCLUDED IN PAYMENT BOND PERFORMANCE BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to ELITE BOBCAT SERVICE, INC. 1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT #455 (MSC455) (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and _ FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BLVD., SUITE PENTHOUSE, GLENDALE, CA 91203 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of TWO MILLION, NINE HUNDRED SIXTY THOUSAND, NINE HUNDRED FORTY—SEVEN AND 85/100{S dollars, ($ 2,960,947.85 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. in case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court_ Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277s8e i PAYMENT BOND Page I of 2 Bond No. 7607963 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: APRIL 21, 2009 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Aftorney-in-Fact Certificate) ELITE BOBCAT SERVICE INC (Principal Name) By: Vv Name: Os y C.' Its: Pti�s\ FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety Name) By: Na RICHARD A. COON/ATTORNEY—IN—FACT (Signature of Attorney -in -Fact For Surety) 8( 18) 409-2800 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By 1 ( ) ennifer Mc rath t ity Attorney slI 5�66 Note: This bond must be executed in duplicate and dated, at/ signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. £77599.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County of Orange On 4-21-09 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the `�R.. JAN C. MORAN instrument the person(s), or the entity upon behalf of COMM, # 1789349 which the person(s) acted, executed the instrument. NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY n COMM. EXPIRESFEB. 17, 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur NIV C Place Notary Seal Above - Signature of Notary Public OPTIONAL Ja C . Moran 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 'RIGHTirHUMBPRIF, OF SIGNER'' Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTtTHUMBPRINTTop of thump here -DESIGNER "-'_- © 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 2402 - www.NationalNotaryorg item #5907 Reorder. Cali Toll -Free t 800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e , COS by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and ma a d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these prese 1,� in as fully and amply, to all intents and purposes, as if they had been d N t �ackn �h gularly elected officers of the Company at its office in Baltimore, Md., ' p per s� attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,=L. tC aew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 4 es ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: t�D DEPO' G P . State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of On �s Y -��Z�� before me, a notary public, personally appeared VIINIW-cN , ho proved to me on the basis of satisfactory evidence to be the person whose nameNoffe subscribed t e within instrument and acknowledged to me t t(� executed the same in his ier l}eir authorized capacityTiv.4), and that by is signatureN on the instrument the person`sti or the entity upon behalf of which the persons,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature ,ggp�0 �y9, AC®R® CERTIFICATE OF LIABILITY INSURANCE DATE(M DDNYYY) PRODUCER LIC #OE28842 1-949-756-4100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Invensure Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Sherman Parent Prince & Fleming Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17922 Mitchell South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614 Bob Parent INSURERS AFFORDING COVERAGE NAIC # INSURED Elite Bobcat Services, Inc. INSURERA:GREAT AMER ASSUR CO 26344 INSURER B: UNIGARD INS CO 25747 1320 E. Sixth St. #100 INSURER C: EVEREST IND INS CO 10851 INSURER D: SEABRIGHT INS CO 15563 Corona, CA 92879 INSURER E: COVFRAnFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD' NSR TYPE OFINSURA CE POLICY NUMBER POLICYEFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD/Y LIMITS GENERAL LIABILITY GLP2267471 09/28/08 09/28/09 EACHOCCURRENCE $1,000,000 DAMAGETORENTED PREMISES Eaoccurence $ 50,000 rLTSR X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) $ Excluded PERSONAL& ADV INJURY $1,000,000 X $5,000 Deductible GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $2,000,000 POLICY X jE o LOC B AUTOMOBILE X LIABILITY ANYAUTO CM009164 04/02/09 04/02/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OW NED AUTOS SCHEDU LED AUTOS X BODILY INJURY (Peraccident) $ HIREDAUTOS NON-OWNEDAUTOS 2'>`d"P r V�i'D��"d' 1tl1V ld'L' 1YltiA.i Fi®�(x/7�yBa / 1i1� i.+Iy,13'4�D �y�16Cf(Pera X PROPFRTYDcid nt)AMAC;F $ GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTOONLY: AGG C EXCESS/UMBRELLALUIBILITY 71C2000238-081 09/28/08 09/28/09 EACH OCCURRENCE $3,000,000 X I OCCUR CLAIMS MADE AGGREGATE $3,000,000 $ DEDUCTIBLE $ RETENTION $ 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? X BB1081560 09/28/08 09/28/09 X TORVTIAT OER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,D00 lfyes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,D00 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional insured forms CG2037 07/04 & CG2010 10/@1 apply per attached. Primary Non -Contributory GAC3649 CG 11/06 applies per attached. Auto Additional insured form #CA2048 2/99 applies per attached. Per project aggregate CG2503 3/97 applies per attached. Modified cancellation does not apply to excess liability policy **City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers and Imperial Paving are additional insureds. Project #PW-6787: Reconstruction of various residential streets #455. REVISED CERTIFICATE - REPLACES CERTIFICATE DATED CERTIFICATE HOLUEK CANCELLAI ION *except J_u aays notice for nonpayment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL 9PRAWM MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IfLYdWYi#$Wb'0W31&TX Attn: Risk Management 2000 Main St. E��{R19XG?dS7[RGC8N7�N�7C xxmqmmtpmrx=xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXRXXX Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001108) klopez 11826934 Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: GLP2267471 COMMERCIAL GENERAL LIABILITY CG20101001 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT FOR SPECIFIC JOB/TYPE OF WORK PERFORMED BY INSURED DURING THIS POLICY PERIOD. City of Huntington Beach, it's officers, elected or appointed officials, employees, agents and volunteers and Imperial Paving 2000 Main St. Huntington Beach, CA 92648 Project #PW-6787: Reconstruction of various residential streets #455. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization otherthan another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 of 10 POLICY NUMBER: GLP2267471 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Opera - tions AS REQUIRED BY WRITTEN CONTRACTOR AS REQUIRED BY WRITTEN CONTRACTOR AGREEMENT FOR SPECIFIC JOBITYPE OF WORK AGREEMENT FOR SPECIFIC JOB/TYPE OF WORK PERFORMED BY INSURED DURING THIS POLICY PERFORMED BY INSURED DURING THIS POLICY PERIOD. PERIOD. City of Huntington Beach, it's officers, elected or ap- Project #PW-6787: Reconstruction pointed officials, employees, agents and volunteers of various residential streets and Imperial Paving #ass . 2000 Main St. Huntington Beach, CA 92648 KKH/st 10/13/08 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY #: CMo09164 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURE® This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/02/09 Countersigned By: Named Insured: Elite Bobcat Services, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): city of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 POLICY NUMBER: GLP2267471 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Project #PW-6787: Reconstruction of various residential streets #455. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, Instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 GAC 3649 CG (Ed.11/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649 CG (Ed. 11/06) Page 1 of 1 0 F BTCITY OF HUNTING'TON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FIVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374®1573 Date: April3, 2009 Project/C.C. No.: MSC 455 Regard in g: Reconstruction of Various Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Bids for MSC 455 Item # Copies Pages Description 1 1 20 Bid received from Elite Bobcat Services, Inc. 2 1 19 Bid received from Nobest, Inc. 3 1 21 Bid received from All American Asphalt 4 1 19 Bid received from Sequel Contractors, Inc. 5 1 32 Bid received from Palp, Inc. DBA Excel Paving Company 6 1 15 Bid received from MS Construction Management Group 7 1 14 Bid received from CJ Construction, Inc. 8 1 30 Bid received from MSH Construction Company 9 1 19 Bid received from LH Engineering Co, Inc. 10 1 18 Bid received from Silvia Construction, Inc. 11 1 20 Bid received from Kalban, Inc. These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please contact me at extension 1732 with any questions you may have. c: file By: Dereck Livermore, Interim Street Supervisor GAMAINTENANCE DIVISION\CITY YARD\MSC FILES\MSC PROJECTS\400'S\MSC 455\PRE-AWARD\TRANsNuTAL To CLERK 455 BIDS.DOC Council/Agency Meeting Held: Deferred/Continued to: .Ap roved_ onditionall A prove • ❑ Denied ! City I rk's ignat r UU >- Council Meeting Date: 5/4/2009 Department ID Number: PW 09-15 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINI TOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIREC OF PUBL RKS STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT f SUBJECT: Award Contract for the Reconstruction of Various Residential Streets MSC 455 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On March 26, 2009, bids were received for the Reconstruction of Various Residential Streets, MSC 455. The project includes removal and replacement of street trees, sidewalk, curb and gutter and resurfacing of asphalt. Staff is requesting authorization to award contract to the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $3,570,000 are available from the following accounts: $3,317,000 in the Measure M Funds, Pedestrian Improvements Account No. 21390004.82300. Funds in the amount of $253,000 are available in Unprogrammed CDBG funds, Business Unit 85782003. With contingency and supplemental expenses, the project cost is estimated at $3,570,000. Recommended Action: Motion to: 1. Approve the plans and specifications; 2. Accept the lowest responsive and responsible bid submitted by Elite Bobcat Services, Inc. in the amount of $2,960,947.85 for MSC 455; 3. Approve a construction contingency of 20% or $592,190; and 4. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not authorize award of this contract and direct staff on how to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/4/2009 DEPARTMENT ID NUMBER: PW 09-15 Analysis: The project includes the reconstruction of 19 local streets. The work includes tree removal and replacement; sidewalk; curb and gutter repair and replacement; and asphalt pavement overlay. In accordance with city policy, 50% of the affected streets are from the aged petition list and 50% from the conditions list. An alternate bid was requested for Oakgrove Circle, Esta Circle, Pratt Circle and Ivory Circle, however, the quantity costs were not consistent with the base bid. These streets will be advertised as a separate project. Additional contingency funds are requested to reconstruct Saratoga Lane and Hollywood Lane. These two streets were originally part of a similar project, MSC 452. Subsurface field analysis discovered poor pavement conditions and limited asphalt thickness on these streets. In this condition, the streets cannot support a standard overlay and require reconstruction to complete the project. The field condition will be resolved by excavating into the subgrade, placing a geotextile fabric, and capping with seven inches of asphalt. As the original project was funded through Community Development Block Grant (CDBG), reprogrammed CDBG funds will be used for the added project costs. The engineer's estimate for this project is $3,900,000. Bids were opened publicly on March 26, 2009, and are listed in ascending order. 1 ®® Elite Bobcat Services, Inc. $2,960,947.85 2 Nobest, Inc. $3,041,544.25 3 All American Asphalt, Inc. $3,202,828.10 4 Sequel Contractors, Inc. $3,255,743.95 5 Palp Inc. dba Excel Paving $3,679,590.76 6 MS Construction Management Group $3,726,373.71 7 CJ Construction, Inc. $4,088,130.55 8 MSH Construction Co. $4,126,314.24 9 LH Engineering, Inc. $4,181,857.50 10 Silvia Construction, Inc. $4,790,003.50 11 Kalban, Inc. $4,849,016.50 Staff has prior positive experience with Elite Bobcat Services, Inc. on similar city contracts. Staff recommends that City Council accept the bid from Elite Bobcat Services, Inc., the lowest responsive and responsible bidder. With contingency and supplemental expenses, the full project cost is estimated to be $3,570,000. This is considered a substantial amendment to the CDBG authorized funds. The allocation of $253,000 will be reviewed by the Citizen Participation Advisory Board (CPAB) on April 22, 2009. The City Council will be requested to approve an amendment to the action plan at a future meeting. Should the City Council not approve the allocation, the project will be funded through Measure M. -2- 4/23/2009 2:25 PM MEETING ®ATE: 5/4/2009 DEPARTMENT I® NUMBER: PW 09-15 Public Works Commission Action: The project was reviewed by the Public Works Commission on September 17, 2008 and approved 6-0-1 (Kirkorn absent). Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: Categorically exempt pursuant to CEQA Article 19, section 15301(c). Attachment(s): -3- 4/23/2009 2:25 PM ATTACHMENT #1 Reconstruction of Various Streets MSC 455 ° M 1 � d i J 73 r,lIS ii b G PRELUDE DRIVE 22 155 2 79 ELIOT CIRCLE 10 148 3 47 STARDUST DRIVE 42 116 & 117 4 77 MURDY CIRCLE 5 251 5 48 WILLETT LANE 38 148 6 15 ADAMS SVC ROAD 8 435 7 56 LANDAU LANE 26 264 8 42 RICE CIRCLE 14 138 9 46 HUNTINGTON STREET (btwn Cleveland & Seventeenth Streets) 6 422 85 1 FAIRLANE CIRCLE 15 475 75 2 CALNEVA LANE 26 117 34 3 PHEASANT CIRCLE 12 146 52 4 NORCON CIRCLE 6 177 41 5 JERSEY CIRCLE 10 158 36 6 QUAIL CIRCLE 18 146 74 7 EDGEVIEW LANE 16 128 49 8 CARP CIRCLE 17 426 84 9 ELBE CIRCLE 9 262 28 10 PILGRIM CIRCLE 18 148 Total number of lots 318 *Entire street unless otherwise noted RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Contract for the Reconstruction of Various Residential Streets MSC 455 COUNCIL MEETING DATE: 5/04/09 ;RCA A� CHMENTS V STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable E Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable E Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable E Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Attached ❑ Not Applicable E Staff Report (If applicable) Attached ❑ Not Applicable E Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E REVIEWED F t ° RETURNED Administrative Staff r"Mf Q - �4+r., _��„n.,.rk Q7 Ari.f Deputy City Administrator Initial) AD;,?1N15s �A:, ( ) City Administrator (Initial) Citv Clerk ( 1 RCA Author: Charlonne Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): March 5, 12, 19, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 25, 2009 at Costa Mesa, California Signatu SECTION A . NOTICE INVITING SEALED BIDS for the —RECidkSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455, in the CITY OF HUNTING70N BEACH 'PUBLICNOTICE IS HEREBY GIVEN that. the Cr7Y ,.OF 'HUNTINGTON, BEACH, as AGENCY, 4� tesasealed bids for the above stated projects and will receive such 'bid s in the office, of the City: Clerk,: Second Floor; 2000 Main Street; 140ntington Beach, California 92648, up to -the t�dr bf.200 PM 6n.March.26, 2009. Bids will ftg, publicly open in the Council Chambers unless otherwise posted. - Copies of the Plans, Specifications, and con- tract -documents are available from the -Office of tU� Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a:.$25.00 nonrefundable fee if picked up, or yment of a $35.00 nonrefundable fee if mailed is U.S. Postal Service, FedEx, UPS or any other glivery service. Any.. contract entered into pursuant . to this notice will m orporate the provisions of the State Labor, Code. Pursuant to the provisions of, the I bor . Code of the 'State of California, the minimum prevailing rate of, per diem, wages for each;�'craft; classification' or, type 'of� workman needed to execute the contract shall, be those �g'termined b' the Director. of Industrial Relations Qfi the State of. California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. i' The -AGENCY will deduct a lb% retention from alb, -;progress payments. The. Contractor';may substitute' an escrow holder surety of equal value to the retention Jn .accordance with the provi- sfons.of the California Government. Code, Section 4590.. The:Contractor shall be beneficial owner qf,,. the surety and. shall receive any interest thereon. :The AGENCY hereby affirmatively ensures that minority .business enterprises will be afforded full. opportunity to submit bids in response to t,h�js.notice.and will not be discriminated against en ; the basis of race; color, national origin, ancestry, sex, or 'religion in any consideration leading to the award of contract. 'No bid,shall be considered unless it is prepared go the: approved Proposal forms in conformance' with. the Instructions to Bidders. The bid must) be ;accompa4dr by a certified check, cashier's check, :or bidder's bond made- payable .to the AGENCY for an amount no less than 10%,of'`the amount' bid. The successful bidder shall be licensed. in accordance' with provisions of the Business -and Professions Code and shall possess ?.State Contractor's License Class,at thetime p the, bid. opening. The successful. Contractor and his!, subcontractors will be required to possess business licenses from the AGENCY, -The AGENCY reserves the right to reject any or, all bids; to waive any irregularity and to take all bids under advisement for a•maximum period of 60 days: ` The Engineer's estimate for this project is $ 3,976,000 PROJECT; ESTIMATE 1 ;Fain ne, Calneva, Prelude; ` Eliot, Stardust, RheasanT, Norcon, Jersey, Quail, Edgeview, Carp, Elbe, Pilgrim, Murdy, .Willett, Adams .(frontage road); Landau, Rice; Huntington- $ 3,608,685 U. Esta,� Pratt, Oakgrove,. IV 0r�. (Alternates); 367,315` io, $ 3,976,000 8Y ;ORDER of the CITY COUNCIL of the CITY OF HJNTINGTON BEACH,`CRLIFQRNIA, the '2nd,day of September 2008, by Resolution No: 2008-54. Attest: - Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent March 5 12.19.2009 031-448 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): March 5, 12, 19, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 25, 2009 at Costa Mesa, California Signatur SECTION A NOME INVITING SEALED BIDS 'for the . RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 4SS" in the CITY OF HUNTINGTON BEACH _'PUBLIC NOTICE IS HEREBY GIVEN that the CITY.. OF HUNTINGTON BEACH, .as AGENCY, invites sealed bids for the above stated projects dn'd =will receive `such bids in the office of the Clerk, Second Floor ; 2000 Main. Street, ,Iintington.Beach, California 92648, up to, the hour of PM on March 26, 2009. Bids will be. publicly open in the CounciP Chambers unless . r, otherwise posted.4 dcopies of the.Plans, Specifications, and con- lt documents are available from the Office. of the Director :of Public Works, .2000 Main Street, Huntington Beach', CA 92648, upon payment of a $25; 00, nonrefundable . fee, if picked up,; or p' ,yment of; a $35.00. nonrefundable fee if mailed %rW,U.S.,Postal Service, FedEx, UPS or any other delivery: service." : ` Any contract entered into pursuant -to this notice-will,incorpoiateAhe provisions,of,the ,State 4abor,Code. Pursuant to the provisions of, the Labor Code .of the, State of California,; the minimum prevailing rate of per diem wages_ for each , craft; classification or type of workman geded to execute the contract shall he those ptermined by the Director of Industrial Relations ek,the State of California, which are on file at the,Office.of.the Director of Public Works, 2000 lVin,Street, Huntington Beach, CA 92648. „The AGENCY will ;deduct a 10-V retention, from al, progress. payments. The Contractor' may substitute an escrow holder surety of equal value to;the retention.J6 accordance with the PEW- signs'of the California Government Code, Section 4,,90. The Contractor shall be -beneficial, owner of the surety and shall receive any interest thereon. .-The AGENCY hereby affirmatively ensures that rpjnority business enterprises will be afforded IWIF, opportunity to, submit bids in response.to tWs notice and will not be discriminated against en the basis of race, color, national origin, apcestry, ,sex, or; religion in any consideration fading to the award of contract. , oNo bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. ,The bid must bt:>accompanied by a, certified check, cashier's 0heck,` or bidder's; bond made payable to the AhGENCY for an amount no less than 10% of the amount bid. The ; successful bidder shall be tifensed ;in accordance with provisions of the Dusiness and'Professions Code and shall possess aaState Contractor's License Class at the time. ofi=-the bid opening. The successful Contractor and his subcontractors will be required -,to possess business licenses from the AGENCY. LThe AGENCY reserves the right to reject any or, 'all bids, to waive any irregularity and to take ! eh bids under advisement for a maximum period of^60 days. - I The Engineer's estimate for this project is,$ 3,976,000 PROJECT; ' ESTIMATE ` 1.,t;Fairlane, Calneva, Prelude, Eliot, Stardust, Pheasant, Norcon, Jersey, Quail, Edgeview; Carp, Etbe,'Pilgrim,, Murdy, Willett, Adams (frontage j road), Landau; Rice, Huntington; $ 3,608,685 U. Esta; Pratt-, Oakgrove, Ivory (Alternates); 66713151 ` $ 3,976,000 t'f ORDER' of the CITY COUNCIL of the CITY OF j MNTINGTON BEACH; CALIFORNIA, the 2nd day of September_2008, by Resolution No. 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY. OF - HUNTINGTON BEACH Published,Huntington Beach Independent March 5, 12, 19, 2009 031448 a.� En ® eer's Estimate: BLO LIST 1 lit .� ff�mm, t Ii „C I IS I 51 -777 C) co C.� ema Clq ce I? NJ 9z evj.�, 16 op a z FECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FIVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 3, 2009 Project/C.C. No.: MSC 455 Regarding: Reconstruction of Various Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages I Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted I ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 17, 2008 the Public Works Commission authorized the advertisement of the Reconstruction of Various Residential Streets; MSC 455 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/5, 3/12, and 3/19. The bid opening is scheduled for 3/26/2009 @ 2:00 PM. Please contact me at extension 1732 with any questions you may have. c: file By: Dereck Livermore, Interim Street Supervisor CADOCUMENTS AND SETTINGS\ESPARZAP\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKI 5B\NISB TRANSMITAL To CLERK 45500C SECTION A NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on March 26, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 3,976,000 PROJECT ESTIMATE I. Fairlane, Calneva, Prelude, Eliot, Stardust, Pheasant, Norcon, Jersey,, Quail, Edgeview, Carp, Elbe, Pilgrim, Murdy, Willett, Adams (frontage road), Landau, Rice, Huntington $ 3,608,685 II. Esta, Pratt, Oakgrove, Ivory (Alternates) $ 367,315 $ 3,976,000 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 03/03/09 TUE 12 49 FAX 949 646 5008 DAILY PILOT-LGL DEPT 10001 C LASSI r E D � C' Dad. Pilot A D\if E RT I s l N r .� `F Daity Pilot Printed by Vaniirilne Gann Nfar ,2069, t 1:37 amTHY Salesperson: j Phone: Ad#32199459 ' ° ° ° .... ......::.:.:.. , ...:.:.s.^. _.:.�.:i4at..e'q .. :.. .. ... . >a. .. ,..,.. :...u�. .x. .. .:.... .,—.. � ..«..,. —.., .... ... . ACC4)untinforrnatlon Phone #. (7 14) 538-5227 Start:date = 03-05-09 Slze 2 x 88.490 Names CITY OF HUNTINGTON BEACH Stop.dstp'. 03-19-09 Billed Size, 9.00TCNinch Address: P.O. BOX 784 insertions'' 3 Keyword: HUNTING70NBEACH, CA 92648 i atecpde &Legal Huntington Beach 'MyW Liner Takeh by : 9966 Sandrine Gann ..... Acct:# 277391004 Classification 13000-Legal Notices r ': Publlcatifins TCN HBi Client., Clerk's office -City Huntington Beach Placedby: ` Patty Esparza Fax #: (714) 374-1557 Ad Copy; SECTION A NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTING70N BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on March 26, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Reach, CA 92648, upon payment of a $25.00 nonrefundable tee if picked up, or payment of a $35.00 nonrefundable fee if mailed via O.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall he considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. --- ad proof pg.1 --- 03/03/09 TUE 12:49 FAX 949 646 5008 _, DAILY PILOT-LGL DEPT 0 002 CLASSIFIT ADVERTIS14 -Printed`b 1y 9Jb Satidfirn o e o Salesperson Phone: ra� e_ 17 92�, r-10 D.... Ad # 3219941, flhe FC EWY 7eser4e"s"Ffie`rigiitio"select"any`or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 50 days. The Engineer's estimate for this project is $ 3,976,000 PROJECT; ESTIMATE I. Fairlane, Calneva, Prelude, Eliot, Stardust, Pheasant, Norcon, Jersey, Quail, Edgeview, Carp, Elbe, Pilgrim, Murdy, Willett, Adams (frontage road), Landau, Rice, Huntington; $ 3,608,685 II. Esta, Pratt, Oakgrove, Ivory (Alternates); 367,315 $ 3,976,000 By ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No- 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent March Daily Pilot 9i - - ad proof pg. 2 --- FA1 OECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan FIVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 3, 2009 Project/C.C. No.: MSC 455 Regard in g: Reconstruction of Various Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pa es I Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 17, 2008 the Public Works Commission authorized the advertisement of the Reconstruction of Various Residential Streets; MSC 455 Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/5, 3/12, and 3/19. The bid opening is scheduled for 3/26/2009 @ 2:00 PM. Please contact me at extension 1732 with any questions you may have. c: file t— By: ereck Livermore, Interim Street Supervisor GAMAINTENANCE DIVISION\CnY YARD\MSC FILES\MSC PRojEcrs\400's\MSC 455\NISB TRANSMITAL To CLERK 455.DOC NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL. STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on March 26, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in. conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 3,976,000 PROJECT ESTIMATE I. Fairlane, Calneva, Prelude, Eliot, Stardust, Pheasant, Norcon, Jersey, Quail, Edgeview, Carp, Elbe, Pilgrim, Murdy, Willett, Adams (frontage road), Landau, Rice, Huntington $ 3,608,685 II. Esta, Pratt, Oakgrove, Ivory (Alternates) $ 367,315 $ 3,976,000 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Unsuccessful Bids MSC-455 Reconstruction of Various Residential Streets City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 29, 2009 Sequel Contractors, Inc. 13546 Imperial Hwy. Santa Fe Springs, CA 90670 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn; CMC City Clerk JF:pe Enclosure Sister Citi6,,%A@d g/ I fA/,etY i6At r6ocNew Zealand (Telephone: 714-536-52271 �91 26 PM 2. 00 Cr7QUEL CONTRACTORSo INC- 4( C" -A rm SEQUEL CONTRACTORS, INC- SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and CC Number as it, appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 SEQUEL CONTRACTORS, NO' 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. i. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 SEQUEL CONTRACTORS, INC. 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 SLufUEL WNT ACTORS.1114 - 15. Material Guarantee. The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in. Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 SEQUEL CON RACTURSD R,19� 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 ate°=�'ut t: SECTION C PROPOSAL. for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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. O'1OD0!ERVS E9 0 N i ", Accompanying this proposal of bid, 'find . in the amount of $_ 0 /� 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: C-2 SEQUE'L CONTRACTORS, ING• ' MSC - 455 Project Bid Schedule ITEM APPROXIMATE n UNIT NO , ;` QUANTITY,: , ...g,_ ITEM WITH UNIT_PRICES WRITTEN IN' NORDS , �',', PRICE , TOTAL. 1 237 ATMO cE.LSYY,/y O//��Q��� Tj PER EA. 00 89,654 REMOVE/DISPOSE O'P.0SIDEWALK (CURB RAMPS IN 2 SF) 3 137,190 PARKWAY E r TION ., r��� ., 4i II-5 PER SF •60 144 REMOVE/REPLACE IR IGATION YSTEM IN PARKWAY AT � �<, P f45:' oa ��©— o0 y��a�• 4 PER EA. 262 REMCUOOEPLAE WATER MET O S do�/�,� 5 AT I PER EA. 27,438 RATMOVE/DISP O UI GUTTER(CUR MPS ILNF L.) J� AOC 6 PER J 27,438 TE (Gutter Slot) REMO E IS O JA LTwkg AT /� , 7 PER LF / 49,395 ATMO�VE/ I S �OrF P. ; RIVEWA _L C%�J go 8 ((JJ PER SF i4o& 16,128 REMOVE/DISP XI NG CROSS GUTTER AT dD 9 PER SF 42,579 RATMOVE//� 10 PER SF t51; 27,438 CONSTRUCT P.C.C. CURB A D GUTTER per Standard Plan 202) AT %� � 62 yo 6ya.oy9.70 11 �e PER LF 49,395 CONSTRUCT DRIVEWAY (per Standard Plan 209) AT FiUe P.C.C.w �(c� PER SF 5 00 yG 1767� 12 09 89,654 CONST UCT P(.�.C. SIDEWALK (per Standard Plan 207) AT t,, (�J(C,r 13 . PER SFCONSTRUCT 1,029 ASPHALT ASPHALT CONC�E GUTTE LOT per Standard Plan gig ev AT �ER TON ! a • 14 71 C0! ,S-T-RUC W L CHAIR R�;MP ( r S dard Plan RSP A88A) 15 AT /f► PER EA. 42,579 CONSTVUC SP,6ADRAL (per Standard Plan 205) `G� ices % — 9 F,Or? 16 AT �.u� f PER SF 16,128 CONSTRUCT CRO S GUTTER (per Standard Plan 205) $ 17 AT ePER SF 18 346 FUNSTALL ROOT BARK,R ) EACH LOCATION (per AT i%PER Lot. D15 6� 333 PLACE NEW PARKWAY TO SOIL A D RESEED AT rk /r-^o�!' c,� `� (Val %� PER ou pa 19 EA. C-2s 4 SEQUEL CONTRACTORS, MG - MSC - 455 Project Bid Schedule TEM 4PP,ROXIMATE fl UNIT ; nITEM,WITHaUNITPRICES,WRITTEN,IN.WORDS, d PRICE "•TOTAL,a; FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 333 Plan 714) AT i��-' L"� �a6, 3�j,g60, 20 o�, PER EA. . : 115,345 COLD PL I AT PER SF �� �CJ 21 v 292,080- FURNISHLA0J)4NwALL PEIROMAT./h AT ��,( � /Z% PER SF % ? 1 22 Q( `J�7 r' 2,629 ONE & ONE-HALF I CH VERL AT //,oJ PER TON 23 �— U 23 V ADJ ATER LV AT / 1 PER_ EA. 2� OD 6YO 24 c;�•(/— 25 AD U AN OL AT l�,� PER EA. 00 DO 25 52 EP PRj & OS-c�O -CONSTT��RNERP�RECO.R��AND AT 60 The award of contract will be determined by the base bid 'Total Amount Bid in Figures: $ AK0,aS 7y3. ?s' , .otalAmount Bid in Words: C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM APPROXIMATE NO , s QUANTITY_ „ .;, ; ITEM.WITH UNIT{PRICE$=INRITT.EN,INFWORpSa;', ,z PRICE .. ,TOTAL,., , 44 REMOVE/DISWEAF PARKWA EE 003 1 AT % PER EA. v""J 8,756 REMOVE/DI PO F C. SIDEWALK (CURB RAMPS INCL.) AT ®� /% 2 PER SF 3 15,110 PARKWAY EXC rl WS/PER. . SF 24 REMOVE/REPLACE I RIGATION SYSTEM IN PARKWAY �G�. w 4 AT �%nr'� �/6l�U�. PER EA. 74201 48 . REMQ.VE4 PLACEA,,ATI�RMETER BOX Ob5 ��. AT �G�I%11 PER EA.� 3 022 OFrJ'� UTTER(CUR INCL.) RATMOVE/DISP SBVANDL.) (r! O� 6 , PER Jf . 3,022 REMOVE/DISPO E A LT CONCRET Gutter Slot) 7 AT bP I r PER LF 8 8,330 REMOVE/DI POS, F C.C. VE AY AT / ER SF ` D REMOVE/DISPOSE OF EXISTING (-R SS GUTTER .g AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF 3,022 CONSTRUCT P.C.C. CURB AND�.UTT R �perPyCtandard Plan 202) AT ti {fir C--e 40 �� — 70i71q. — 11 c-.o4 J PER LF 8,330 CONSTRUCT P C.C. DRIVEWAY (per Standard Plan 209) �� 9a S 1/4 G So. 12 AT /.�e ��� PER SF 8,756 CONSTRUCT P C.C. SIDEWALK (per Standard Plan 207) AT �. Oo 3r,0 ? 13 H- (�v PER SF 114 CONSTRUCTPHALT CONCRETE GUTTER SLOT per Standard Plan 1 �' Al/ER 06 V 14 AT ftxo0fW1,JMTON 36V 6 CONES ,F�i�CT WH E� CH IR P er Sta and Plan RSP A88A) AT 15 I PER EA. CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF —� - CONSTRUCT CROSS GUTTER (per Standard Plan 205) ----- 17 AT PER SF f 49 SFUl1P�S FURNITALL OOT BARRI 2) C LOCATION (per 18 AT PER Lot. 49 PLACE NEW PARKWAY TOP SOIL AND RESEED w w 19 AT PER EA.D. 7, fs�. C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory $ITEM ATE �tAPPROAIM, QUANT,ITY„ITEM x WITH, PR10E3 IN: WORDS UNIT , UNIT; ;WRITTEN FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 49 Plan 714) 'L AT �%k nPER a0. G S S80 20 t�l�"c�i cGl' EA. 13,365 COLD PL AT �� ^r ppy! %asp 21 PER SF 34,200 FURNISIJV�T/�%AT AT � PER SF / 22 308 OTE & O�IE��F INCH V� PER TON 23 4 ADJUST -WATER VALVES AT PER EA. jj00 / D� 24 3 ADJU NHOLE AT �� 1�/MUj PER 'EA. ®Q -- 25 7 ATEPA i OS V 16 N PERCO EA.ND 26 otal Amount Bid in Figures: `otal Amount Bid in Words: 33 9,7s17. rt ?'� SSeve. oU C-2s SEQUEL CONTRACTORS, 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 of Workz Name and Address of Subcontractor State License Number Class '�)r Vi y Ca SQ , I -AA VIA 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 Thomas S. Pack , being_ first duly sworn, deposes and says that he or she is Presl of Z 'mot 4QN l �19AQ10R a INt(, 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. 13546 IMPERIAL HWY. SANTA FE SPRINGS, CALIF. 90670 Address of Bidder Subscribed and sworn to before me this day of , 20 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: MAR 2 6 2009 SEQUEL CONTRACTORS, INC. Contractor r Thomas S. Pack Orastdeni Title C-5 CALIFORNIA ALL-PURPOSE tl. D ,:ac S,:a..�a,Paz,<,..Y.-t,.�c,9...✓,�c,-a3��.:L�.,�a� ��,.�',.da tiw,TC!s�taa.��.c,s��,,?ag,.�t,�.,. »,?s 9i.,. �,,. ,» :c�,,?, State of California County of LOS ANGELES On MAR 2 6 2009 before me, Daniel Bustamante, Notary Public Date Here Insert Name and Title of the Officer personally appeared Thomas S. PaCk Pident Name(s) of Signer(s) ♦e000A00A0A000A0000.0.000•AOOOOOe•0000000 9 e yE�R x'NFs, DANIEL BUSTAMANTE °o �P U F�� COMM. #1825827 NOTARY PUBLIC - CALIFORNIA p LOS ANGELES COUNTY -' t ® ' My Commission Expires December 20, 2012 p 0000000000eeeooeooeoeseoo•0000••o••••oe•••e who proved to me on the basis of satisfactory evidence to be the person(i( whose name(X) is/w subscribed to the within instrument and acknowledged to me that he/she/#hep executed the same in his/herftheir authorized capacity(ies), and that by his/h964heir signatureX on the instrument the person(), or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seid. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT' OFiSIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in- Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT' 4OF SIGNER " 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SEQUEL CONTRACTORS® m.1c. 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 S1 No If the answer is yes, explain the circumstances in the space provided. 0 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. Date: 'MAR 2 6 2009 SEQUEL CONTRACTORS, � Contractor 1-77 Thomas S. Pack presidwit Title 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: Mn Inir4 Thomas S. Pack PresIde1# Title Date: MAR 2 6 2009 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SEQUEL CONTRACTORS.1140, Bidder Name 13546 IMPERIAL HWY, Business AddressCALIF. 90670 City, State Zip (562) 802-7227 Telephone Number State Contractor's License No. and Class I13ihI Original Date Issued JAN 31 2011 Expiration Date The work site was inspected by Thomas S. Pack of our office on (�, 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Thomas S. Pack -Or-esident Abe! 11AaId, W.P. & MICHAEL A. MAHLER, ASST. SECRETARY C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 1 iumas 5. Pack "umumoi Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount %ape of Work Date Completed 2. Name and Address of Public Agency 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .,_],.�a.',a�s�<a�.•� ��..�aC,:�,,T�..c���C,a'� ,?a�,�.'� .,�a.,.�.',�"�.2�3,:?C, c�.,s�.,T4'.'�'-,saGsa... 9a ,. n. �. 7.� �,�. �>,.n State of California County of LOS ANGELES On MAR 2 6 2009 before me, Dania Sustamante, Notary Public , Date Here Insert Name and Title of the Officer personally appearedThomas S. Pack Praj&nt Name(s) of Signer(s) 441444010111101000104bA0100004040@O0A0000000 Y U�P �EU11F.NgrhfS9S DANIEL BUSTAMANTE p ; comm. #1825827 NOTARY PUBLIC - CALIFORNIA p .W� LOS ANGELES COUNTY My Commission Expires December 20, 2012 Y.1111A111001♦/4/0b11111bb1101011110011101♦ who proved to me on the basis of satisfactory evidence to be the personoK whose name(V is/W subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/heMheir authorized capacity(ies), and that by his/he#their signatureN) on the instrument the personX, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my �handand officials al. Signature Place Notary Seal Above - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT' ­OF'SIGNER,' .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF'SIGNER .. of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SEQUEL CONI"RACTORS9 INC. ST. LIC #610600A 13546 IMPERIAL HWX SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office STATEMENT OF EXPERIENCE 1. OWNER: CITY OF INDUSTRY ADDRESS: 255 NORTH HACIENDA BLVD. INDUSTRY, CA 91744 PHONE NO.: (626) 333-0336 CONTACT: GERRY PEREZ PROJECT: AZUSA AVE / RAILROAD STREET. WIDENING PROJECT AMOUNT: $3,884,998.75 COMPLETION DATE SEPTEMBER 2008 2. OWNER: CITY OF WESTMINSTER ADDRESS: 8200 WESTMINSTER BLVD. WESTMINSTER, CA 92683 PHONE NO.: (714) 898-3311 CONTACT: JAKE NGO PROJECT: WESTMINSTER BLVD. MEDINA ISLANDS PROJECT AMOUNT: $2,157,180.00 COMPLETION DATE FEBRUARY 2008 3. OWNER: CITY OF COSTA MESA ADDRESS: 77 FAIR DRIVE COSTA MESA, CA 92628 PHONE NO.: (714) 754-5223 CONTACT: TOM BANKS PROJECT: 17TH STREET BEAUTIFICATION PROJECT AMOUNT: $2,801,689.75 COMPLETION DATE OCTOBER 2007 4. OWNER: CITY OF RANCHO PALOS VERDES ADDRESS: 30940 HAWTHORNE BLVD. RANCH PALOS VERDES, CA 90275 PHONE NO.: (310) 544-5252 CONTACT: BINDU VAISH PROJECT: ANNUAL STREET MAINTENANCE PROJECT AMOUNT: $1,500,000.00 COMPLETION DATE DECEMBER 2005, 2006, 2007 5. OWNER: CITY OF DOWNEY ADDRESS: 11111 BROOKSHIRE AVE. DOWNEY, CA 90241 PHONE NO.: (562) 904-7118 CONTACT: NOE NEGRETE PROJECT LAKEWOOD BLVD. IMPROVEMENTS PHASEIA PROJECT AMOUNT: $6,274,630.00 COMPLETION DATE AUGUST 2006 SEQUEL CONTRACTORS, INC. ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 ®face STATEMENT OF EXPERIENCE 6. OWNER: PORT OF LONG BEACH ADDRESS: 925 HARBOR PLAZA LONG BEACH, CA 90802 PHONE NO.: (562) 590-4172 CONTACT: GARY CARDAMONE PROJECT: PIER E BERTH D28-E27 NEW GATE PROJECT AMOUNT: $6,279,157.00 COMPLETION DATE APRIL 2006 7. OWNER: CITY OF TUSTIN ADDRESS: 300 CENTENNIAL WAY TUSTIN, CA 92780 PHONE NO.: (714) 573-3030 CONTACT: DENNIS JUE PROJECT: IRVINE & NEWPORT INTERSECTION PROJECT AMOUNT: $4,034,000.00 COMPLETION DATE APRIL 2006 8. OWNER: CITY OF SEAL BEACH ADDRESS: 211 EIGHTH STREET SEAL BEACH, CA 90740 PHONE NO.: (714) 431-2527 CONTACT: RAYMOND VELASCO PROJECT: VARIOUS STREET IMPROVEMENTS PROJECT AMOUNT: $917,329.50 COMPLETION DATE AUGUST 2006 9. OWNER: CITY OF LAGUNA BEACH ADDRESS: 505 FOREST AVE. LAGUNA BEACH, CA 92805 PHONE NO.: (949) 497-0345 CONTACT: FRED SHAHIDI PROJECT: VARIOUS DOWNTOWN STREET IMPROVEMENTS PROJECT AMOUNT: $791,357.15 COMPLETION DATE JANUARY 2006 10. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: LINCOLN & STATE COLLEGE. INTERSECTION PROJECT AMOUNT: $1,757,836.00 COMPLETION DATE AUGUST 2005 SEQUEL CONTRACTORS, INC. ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office STATEMENT OF EXPERIENCE 11. OWNER: CITY OF SIGNAL HILL ADDRESS: 2175 CHERRY AVE.. SIGNAL HILL, CA 90806 PHONE NO.: (310) 329-0102 CONTACT: DERRY MACMAHON PROJECT: SPRING STREET WIDENING PROJECT AMOUNT: $3,674,380.00 COMPLETION DATE MAY 2004 12. OWNER: CITY OF EL SEGUNDO ADDRESS: 350 MAIN STREET EL SEGUNDO, CA 90245 PHONE NO.: (310) 524-2361 CONTACT: MARYAM JONAS PROJECT: MAIN STREET & GRAND AVE IMPROVEMENTS PROJECT AMOUNT: $3,419,623.00 COMPLETION DATE MARCH 2O04 13. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE II PROJECT AMOUNT: $17,500,000.00 COMPLETION DATE MARCH 2O01 14. OWNER: CITY OF ANAHIEM ADDRESS: 200 S. ANAHIEM BLVD. ANAHIEM, CA 92805 PHONE NO.: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE. BEAUTIFICATION PHASE I PROJECT AMOUNT: $19,941,735.00 COMPLETION DATE JUNE 1999 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Sequel Contractors, Inc. as Principal hereinafter called the Principal, and Vigilant Insurance Company a corporation duly organized under the laws of the state of New York as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ I0% ), 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 Reconstruction Various Residential Streets (455) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th Witness Witness ORSC 21328 (5/97) day of March , 2009 Inc. (Seal) President Namerride Vigilant Insurance Company Surety (Seal) By: imothy D. Rapp Attorney -in Pact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange on MAR 16 2000 before me, Debra Swanson, Notary Public (Hero inset name and title of the officer) personally appeared Timothy D. Rapp who proved to me on the basis of satisfactory evidence to be the person() whose name(�e'j is/aft subscribed to the within instrument and ackndivledged to me that he/shol4bily executed the same in hi&%er authorized capacity(i*, and that by his/l i* signature(*'on the instrument the person�*f, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public re DEBRA SWANSON °- COMM. ;# 1822117 X NOTAR( PSX CALIFWM rX Cr ORANGE COUNTY ,, (Notary ScW) Aty Ct>ftm. 6cp m NOY 10, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Critic or description of attached docurrreva) (Tick or description of attached document continued) Number of pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (3) 0 Corporate Officer ('Fide) 0 Partner(s) 0 Attorney -in -Fact 0 Trustee(s) 0 other INSTRUCTIONS FOR COMPLETING THIS FORM My gcbvwletr(gment cotttpford in t alCfornia -tat contain verbiage exactly as opprare above ko the not4vy seodon or o iaparwte acbsowJ°dg~w farm mn r be property eow#W*d and attached to that docunotnt 77m only exception is Jf a documw is to be mwdcd owide of California. In such instances, any alrernosive aabwwledgment wrrbtgge as may be printed on such a document so long as the verNtWe doer not.require the notary to do something that is illegal for a notary in Califiwmia (i.e. eert6ing the authorized capacity of the signer). Please check the document carrfrdly for proper notarial wording and attach this form if required • State and County information must be the State and County when the document signer(s) personalty appeared before the notary public for aatnowtodsmcm • Date of notarization must be the date that the signer(3) personally appeared which must also be fire same date the acknowledgment is completed. • The notary public must print his or her name as it appear within his or her eoaunission foliowed by a con=m and then your title (notary public). • Pritst the names) of document signer(s) who personally appear ai the time of noturizatioa • lndk to the Correct singular or plural forms by crossing off incorrect forms (i.c. Yelshahhs h- is /on )ter cir I4 the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The w1ary seal imprrasion must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise coinpiete.a dif ererit acknowledgment form. • Signature of the notary public must match the signature on file with the office of a the county Cleric. d Additional information is not required but could help to ensure this arlgtowkd;m= is not misuaed or attached to a giffaw document. O Indicate We or typo of attached document, number of pages and date. 8 indicate dw capacity claimed by ttx signer. If the claimed capacity is a corporate offices, indicate the title (i.e. CEO, CFO, Sccrcwy). • Saarrcly attach this docurrmt to the signal document 2008 Version CAPA v12.10.07 $00473-9865 www.NotatyClssses.com Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant.Instarance Company 15 Mountain View` Road Surety ATTORNEY Aacific.Indemnity. Company Warren, NJ, 07059 CHLM13 Know All by These. Presents, That FEDERAL INSURANCE COMPANY, an Indiana .corporation, VIGILANT INSURANCE COMPANY; a Neal York corpo�aiion, and PACIFIC INDEMNITY COMPANY, a Wiiconsin corporation, do each hereby conetitutaand appoint Linda D. Coats, Douglas A: Rapp and Timothy D. Rapp oflaguna 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 an their behalf as surety thereon or otherwise, bonds and undertakings anC other writings pbGgatory in the nature: thereof (other than bail bonds) given or>executed in the caurse of business, and any instruments ame d!N of altering Nee same, and.oansen fsto the modiflcatian or alteration ell any Instrument reifermd fo in said bonds or obrigationc: In Witness Whereof, said FWERALINSURANCE COMPANY, VIGILANT INSURANCE COMPANY; and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corpotate seats on this 29th, dayof AUSUst, ;2008 Kenneth C_ Wendel, Assistant Secretary . Norris, Je.oVice President -:STATE. OF NEW JERSEY County of Somerset On:this 29th day of August, 2008 before me, a Notary of New Jersey, personally came Kenneth C Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INS URYNiCE COMPANY; and PACIFIC INDEMNITYCOWANY. the companies which executed the foregoing Powet'of Attorney, and the said Kenheth C. Wendel, being, by me;; uly sworn, dirt depose. and say thal,he;is Assistant Secretary of'FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC IN1lEMNIfiY COMPANY and krtOws the corporate seals thereof, that the seals affixed, to the foregoing Power of Attorney are such corporate seals and were,therefo;affixed by authority of the By- Laws of said,Companies, and that he signed said Power of Attorney as Assistant. Secretary of said Companies by like authority;.and that he is acquainted with David $ Norris. Jr., and knows him ta.;beiVice President of said'Compantes; and that the. signature of curio d. Nome. Jr:, subset bed to sara .YowerotAtigmeyts in me genuine handwriting of'Ravuf 6: Noms', Jr., and was thereto subscribed by authority of said 8y- Laws and in deponent's..presence: Notanaf h R Ne BaDT Notary Politic, State of New Tetley t4o.2321097 rt Commission Elctlires Oct, 25, 2009 _-1 >� Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY; VIGILANT INSURANCE COMPANY :and PACIFIC INDEMNITY COMPANY: "Ali powers of atomey (or -and -on.behalf .of the Company mayand chaff be.oxecuteid:in the nanto-and on _bohatf of the Company,'cithor-by the Chairman or. the President or a Vice President: or an Assistant VicePresident; jointly with the Secretary or an Assistant Secretary. under their respeclive designations: The signature of such officers maybe engraved, printed or tiltiographed: The signature of Each of the tonguing officers: Chairman, Priesiderrt, any Vice President, any Assistant Vice President; any Secretary, arty Assistant Secretary and the seal of the Company may be, affixed by facsimile to any power of attomeyor to any certificate relating thereto appointing Assistant Secretaries or Attorneys irw Fact for.purposes only of executing and attesting bonds -and undertakings and otter writings obligatory in the nature thereof, and any such;power of attorney or certificate bearing such.%csimile.signature or facsimite seat shall be vat d,a binding upon the Company and arty such power so executedarld certified by such facsimie signalizes; and facsimile soa! shall be valid and binding upon the Company with respect to arty :bond or undertaking to which it is attached.' L Kenneth C. Wendel, -Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE'COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (I) the foregoing extract of the By- Laws of the Companies,is hue and erred, (ii) the Companies are duly licensed and authorized to transact surety business in all 50:of the United States of America and the District:of Cotumbia'and are authorized by the U.S, Treasury Department: fudher. Federal and Vigilant are; licensed; in Puerto' Moo and the U.S. Virgin Islands, and Federal is ticensad in American Samoa; Guam. and each of the Provinces of Canada except Prince 'Edwar d.tsianil;'and (iii) the foregoing Power of Attorney is trite, correct'and in full force and effect: Given under myhand and seals of said Companies at Warren; NJ this 16th day of March, 2009 d - rf � wlyOtAe►* Y * � rcxs� ��Fw��4 Kenneth C, Wen el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAiM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF`f NY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LiSTED ABOVE, OR BY Telephone (908) 9037 3493 Fax (908) 903- 3656 e-mail: suretyQchubb.00rni Form 15-40- 0225B- U (Ed., 5- 03) CONSENT d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT at!��>,.c��.,�..,�.¢,�.,.��',T.�-v�.�>�t�S,s�e.c��..c�S�4.•�..�, ab�>,�. a.,��L��.�:,a.,: �� ti�a.•,�.,a.,. �� .tea-,9a �. ?as" .�.,�- n�..=a State of California County of LOS ANGELES On M A R 16 2009 before me, Daniel Bustarnante, Notary Public Date Here Insert Name and Title of the Officer personally appeared Thomas S, Pack PreSIdent Name(s) of Signer(s) ♦♦oeeeoeeeeeeeeeeeoeoeeeoeeeeeeeooeeeoeeeeo S yEALOF,„ DANIEL BUSTAMANTE o _ E Eun¢rr� e e7 4�t n COMM, #1825827 NOTARY PUBLIC • CALIFORNIA p LOS ANGELES COUNTY My COnItllidd10n Expired December 20, 2012 t.eeeeeeeeee.e.ee.eee0090e100e1eo1eteee♦ Ni who proved to me on the basis of satisfactory evidence to be the person% whose name(is/w subscribed to the within instrument and acknowledged to me that he/sbe4hep executed the same in his/herftheir authorized capacity(ies), and that by his/herftfreit signature() on the instrument the personX, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official se I. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF-SIGNERTop of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in_ Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT' OF SIGNER � '' ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 29, 2009 Kalban, Inc. 9075 Glenoaks Blvd. Sun Valley, CA 91352 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, JF:pe Enclosure Sister Citi�q,j��y��tetl��dlcNew Zealand (Telephone: 714-536-5227 ) R SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 ,,6W &? in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 MSC - 455 Project Bid Schedule ITEM 'AQPROXIMATE UIVITi NO QUANTITY; ITEM.WITH. UAIIT PRICES WRITTEN IN.VIIORDS PRICE 70TAL ,` 237 REMOVE/DISPOSE OF PARKWAY TREES dC/O!J PER EA. / o 1 AT S�UE/I/ t'G'iUyP F-y 89,654 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) T Srop 75 2 AT G"�Jc' ,r PER SF 137,190 PARKWAY EXCAVATION AT �axg PER SF O 3 144 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT PER EA.�� 4 262 REMOVE/REPLACE WATER METER BOXES o J pD 5 AT 6-<)e- /�'�J/1/��PET d- ia� PER EA. 27,438 REMOVE/DISPOSE OF C RB AND GUTTER(CURB RAMPS INCL.) c�o� LF 6 AT '�� rf- o a PER 27,438 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) �o %, ' j� va ��% ©rt/F e- ioa PER LF %/ , REMOVE/DISPOSE OF P.C.C. DRIVEWAY g 49,395 AT PER SF �2 3 7 16,128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER "—�,� _ 9 AT �/-�ao PER SF 42,579 REMOVE/DISPOSE OF SPA DRAL /Jg 10 AT ,�� - I,- PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 27,438 AT "%.�%/.P g G — a,-" ooioo PER LF 00 12 49,395 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 AT �id� �- ®o ,vo PER SF �o 7s 89,654 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT PER SF lj� 0 13 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 14 1,029 ATn�Of�U�ctJ�P�,�' �� PER TON / ®� 26-/ , 2,SC 71 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 ATGNE iiioySA�l � / 5�c�t/ 10,f 7r ,Pew o�//a,PER EA. 42,579 CONSTRUCT SPANDRAL (per Standard Plan 205) AT /GH % d- s'o PER SF qj 1, q2 �6 16 �� 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 6-013� x a� C? 17 AT 1S/' cJ . �� ioa PER SF - 346 FURNISH/INSTALL ROOT BARRIER.(2) EACH OCATION (per �2 18 AT`7;+/D 1Wt1Pk PER Lot. 333 PLACE NEW PARKWAY TOP SOIL AND RESEED AT — Uri®�� Cif%ice �.cd PER EA. 19 C-2s MSC - 455 Project Bid Schedule ITEM NO APPROXIMATE QUANTITY` ITEM WITH`UNIT PRICES IN WORDS -WRITTEN FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 20 333 Plan 714) AT jirl✓.�hlg,�R,PEb %'i`//�E' ry y i r/c' fi /�' PER EA. 35.E _ 7g 2 `S -' 115,345 COLD PLANE AT �oo PER SF a j 21 d- FURNISH AND INSTALL PETROMAT 292,080 AT 2�'O d— i -7zjo a PER SF J 22 ONE & ONE-HALF INCH OVERLAY JP 2,629 AT SIX. ,� �d�oa PER TON 23 4� ADJUST WATER VALVES 23 AT7TLt #dillj7��w 'Hi ;��id����o� PER EA. 24 v , ADJUST MANHOLES 25 / AT-1—hle� JfUA, � d— V//c IU/�l/ `� PER EA. 25 PREPARE PRE & POST -CONSTRUCTION CORIJER RECORD AND 52 AT'- j /fUilWZV eo PER EA. °O 2 cU J 26 r- The award of contract will be determined by the base bid "'otal Amount Bid in Figures: $ z/, Qy9 otal Amount Bid in Words: 5/A`7-iF7E- t/ C-2s. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MSC - 455 (Alternate) Project Bed Schedule Oakgrove, Esta, Pratt, Ivory 44 REMOVE/DISPOSE OF PARKWAY TREES AT ��aa PER EA. SE✓�'/(/�j1,,1/r�E��r�/' 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) -7 Sod 7!� 2 3 AT ©.cIE d- PER SF t 3 . 15,110 PARKWAY EXCAVATION AT .4- PER SF y �t9 �Z i <2 too REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 24 AT 11� �id�Jiac d-or'��o PER EA. c 48 REMOVE/REPLACE WATER METER B XES �i" / /gyp AT 04/ U J� =y PER7OOC�.�c REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 3,022 AT d- �/od PER LF IL12E 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) AT soioo PER LF m REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8,330 AT SO111oa PER SF �7, REMOVE/DISPOSE OF EXISTING CROSS GUTTER 90- -- - AT PER SF - REMOVE/DISPOSE OF SPANDRAL AT — PER SF 3,022 CONSTRUCT P.C.C. CURB AND G TTER (per Standard Plan 202) PER LF 3� oc� ATfiC�Ty�/��-/ i 4-��0o 8,330 CONSTRUCT P.C.C. DRIV WAY (per Standard Plan 209) j/7 _ 6o S p AT �CJ� d- �or� PER SF ��o� 7� •. 8,756 CONSTRUCT P.C.C. SIDE W LK (per Standard Plan 207) SF AT d- ioG PER CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 114 Plan AT��%'i,Pc�iCTj� PER TON 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Ian RSP A88A) 00 ATUAi�THDUS�niv,`'��yf�U!}DP�r7/�/itl/�- r"PER EA. CONSTRUCT SPANDRAL (per Standard Plan 205) AT PER SF - -- - CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 49 i oo .oa PER Lot. AT jH�� t/U�/y��b �i�f `�1,� �- Q' ��� �� S , 60 PLACE NEW PARKWAY TOP SOIL AND R SEED vd 49 AT o %//%!/�%�c� /ti oU iaa PER EA. 25q oo 1,2, 2 S-0 C-2s IVISC a 455 (Alternate) Project Bid Schedule ®akgrove, Esta, Pratt, Ivory TEM WAPP;ROXIMATE u ". �: - " `ITEM,_WITH UNIT PRICES WRITTEN, IN, WORDS, PRICE,. TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 20 49 Plan 714) �� AT O f�l/.�cy T��.C��'� �I l✓� o%o PER EA. _ 5 • j r /� �/S 13,365 COLD PLANE .� �PER SF J/ Go 21 AT ��,a ioo ��7 FURNISH AND INSTALL PETROMAT 34,200 ATi 'p �- �7_�op PER SF j do J/ gj�/ 22 � ONE & ONE-HALF INCH OVERLAY 308 AT o PER TON s7/r �js 2p 23 s ADJUST WATER VALVES 4 AT (ccy� PER EA. 00 � 24 % ADJUST MANHOLES 3 PER EA. o© D . % 7 5 2�� PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT PER EA. 26 r� r otal Amount Bid in Figures: $ -otal Amount Bid in Words:-1 Fade yU,vv�� ir/i.y�Ty�l/fd�TyoJsr�.✓�, FoUd�/� fGffiY �"-+x C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and s 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 of Work Name and Address of Subcontractor State License Number Class 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 being first duly sworn, deposes and says that he or she is of j�.��A ��f f _ 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. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 20,9 . NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On L3 e before me, Michael Edward Lifsey, Notary Public personally appeared Dave Poole who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signiture on the instrument the person, or the entitiy upon behalf of which the person acted, executed the instrument. bCt�l�i $D tf _lip Comminion+►1656755 1 certify under PENALTY OF PERJURY under the laws of Hallary Pubc r-CaMornic the State of California that the foregoing paragraph is true tw Anye W �'•V and correct. MyCdnm. May 5.20t WITS my hand and official al r Signiture 001otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to peons relying on the document and could prevent fradulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Vllz/ eml 0S'iellw_l Document Date: h — 215_6)5 Number of Pages: Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Individual Corporate Otticer - Title: ���� ��/� 7 Partner Attorney - in - tact Trustee Guardian Other: Signer is Representing: 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or r 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. Date: Contractor Title 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 *o 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. Date: L5 /,,/ � Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER To be completed only b the awarded Contractor prior to excavation I� � p Y Y p ) 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 C Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name .1 Business Address City, State Zip Telephone Number State Contractor's License No. and Class igi al Date Issued 31,57 bi tion Date The work site was inspected by of our office on , 20 The following are persons, firms, and corporations having a principal interest in this proposal: li: 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. — Signature of Bidder Printed or Typed Signature Subscribed and sWbr�t � me this day of , 200_ NOTARY PUBLIC 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: FA 93 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On'� G% before me, Michael Edward Lifsey, Notary Public , personally appeared Dave Poole who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signiture on the instrument the person, or the entitiy upon behalf of which the person acted, executed the instrument. ASORWOWARD LffSEY C0MffW sloe # 16567W I certify under PENALTY OF PERJURY under the laws of No" Pwft -- Ca#wnlo the State of California that the foregoing paragraph is true LM Arvelft ComV and correct. MV Comtrt. 00% MW 5, 2014 WITNESS my hand and official 91ral Signiture of X6tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to ersons relying on the document and could prevent fradulent removal and reattachment of this fo to another document. Description of Attached Document Title or Type of Document: J5� �.S ��i �%�%� Document Date: , j j Number of Pages: Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: Individual y/ Corporate Officer - Title:10, Partner Attorney - in - tact Trustee Guardian Other: Signer is Representing:�r KALBAN, 9NCo GENERAL ENGINEERING CONSTRUCTION 818-504-1065 Fax:818-504-1067 Recently Completed Proiects and Reference List City of Burbank - Contact: Adam Salehi - 818-238-3946 2008 Sidewalk Repair Program Removal and Replacement of Damaged PCC Various Locations $1,100,000.00 2007 CDBG Street Project Removal and Replacement of Damaged PCC Various Locations $120,000.00 2006 Sidewalk Repair Project Removal and Replacement of Damaged PCC Various Locations $535,230.00 2005 Oak St. & Bel Air Dr. Improvements Street Reconstruction Asphalt Resurfacing, PCC Replacment $720,000.00 2004 CDBG Street, Alley & Sidewalk Replacement of Asphalt Street with Portland Cement Concrete $598,010.00 2002-2003 CDBG Street Project Street Reconstruction Asphalt Resurfacing, PCC Replacment $389,1 59.00 2001 Alley Reconstruction Project Replacement of Asphalt Alleys with Portland Cement Concrete $305,000.00 2000 Citywide Alley Reconstruction Replacement of Asphalt Alleys with Portland Cement Concrete $510,025.00 City of Anaheim - Contact: Dave Hernandez - 714-936-4795 2007-2008 Resort Maintenance Removal and Replacement of Damaged PCC Various Locations $260,000.00 2005-2006 Resort Maintenance Removal and Replacement of Damaged PCC Various Locations $120,000.00 2002 Sidewalk Replacement Annual Contract Removal and Replacement of Damaged PCC Various Locations $333,000.00 2001 Sidewalk Replacement Annual Contract Removal and Replacement of Damaged PCC Various Locations $1 ,600,000.00 City of Orange - Contact: Alan Throng - 714-744-5544 2007 Annual Concrete Replacement Removal and Replacement of Damaged PCC Various Locations $500,000.00 2006 ADA Access Ramps Construct Wheelchair Access Ramps, Various Locations $132,276.00 2005 Annual Concrete Replacement Removal and Replacement of Damaged PCC Various Locations $400,000.00 2004 Annual Concrete Replacement Removal and Replacement of Damaged PCC Various Locations $204,000.00 City of Norwalk - Contact: Randy Hillman - 562-929-5719 2007 Local Street Project Street Reconstruction Asphalt Resurfacing, PCC Replacment $1,640,000.00 City of LaCanada Flintridge - Contact: Ying Kwan - 81 8-790-8882 2006 School Loading Bay Improvements Parkway Re -Construction at Loading Zone $1 31,978.00 Vista Del Valle/Haskell Intersection Recon. Reconstruction of Intersections $95,000.00 2002 - Verdugo Blvd Street Improvements Street Improvements $310,000.00 mmumagm City of Pasadena - Contact: Reny Quijano - 626-744-4720 Street Reconstruction Avenue 64 Street Improvements $1 ,900,000.00 Site Improvements at Various Parks ADA Compliance PCC & Misc Structures $485,000.00 City of Santa Clarita - Contact: Erven Jasamilla - 661-225-4344 2006 Intersection Modification Street Reconstruction Asphalt Resurfacing, PCC Replacment $394,793.00 2003-2004 Annual Concrete Rehabilitation Removal and Replacement of Damaged PCC Various Locations $231,600.00 2002-2003 Annual Concrete Program Street Reconstruction Asphalt Resurfacing, PCC Replacment $396,000.00 2001-2002 Annual Concrete Program Removal and Replacement of Damaged PCC Various Locations $218,900.00 1 999-2001 Annual Concrete Program Removal and Replacement of Damaged PCC Various Locations $333,389.00 Los Angeles County Department of Public Works - Contact: Issa Adawiya - 626-458-4942 2007 RDC 0012247 South Bay Bike Trail $425,000.00 2004 Project ID No. FCC0000856 Rubio Diversion Invert repair Project $423,200.00 2003 Project ID NO. FCC0000703 Ward Channel Invert and Connector Pipe Repair $168,090.00 2002 Newburgh Street, ET AL Street Reconstruction Asphalt Resurfacing, PCC Replacment $298,000.00 2002 126th Street Street Reconstruction Asphalt Resurfacing, PCC Replacment S185,713.00 2000 Curb Ramps - CC 9102 Construction of Access Ramps, Various Locations Citywide S523,582.00 1998-Cash Contract 7535 Removal and Replacement of Damaged PCC Various Locations $149,328.00 City of Huntington Park - Contact: Pat Fu - 323-584-6253 2008 Alley Improvements Reconstruct PCC Alleys $356,230.00 2007 Alley Reconstruction Project Reconstruct PCC Alleys $308,993.20 City of Glendale - Contact: Sam Mody - 818-548-3945 2007/2008 ADA Curb Ramps Removal and Replacement of Damaged PCC Various Locations $1,038,000.00 2005/2006 ADA Curb Ramps Removal and Replacement of Damaged PCC Various Locations $1,071,000.00 San Fernando Corridor Street Improvements Street Reconstruction Asphalt Resurfacing, PCC Replacment $422,000.00 The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 *61Z, 7 BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Kalban, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of Amount Bid 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for feconstruction of Various Residential Streets - #455 the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of March (Witness) 2009 Kalb n, Inc. BY: Principa .ems: c_�-\k ITS: The Guarantee Company of North America USA BY: William Syrki Attorney -In -Fact THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE.COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attorney(s)in-fact to execute; seal, and deliver for and on its behalf as "surety, any and all bonds and undertakings, contracts of indemnity and other.wridngs obligatory in the nature thereof, which are or may be allowed,,required or permitted by law, statute, rule; regulation, contract or otherwise: The execution:of such instrument(s) in pursuance of these presents, shall be as binding uponTHEGUARANTEE COMPANY OF NORTH AMERICA USA as;fully and amply; to all intents and purposes; as if the same had`been duly'` executed,and;admowledged by its regularly elected officers at the principal office: The Power, of Attomeyi is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX; Section 9.0 of the By -Laws adopted ;by. the Board of Directors of THE GUARANTEE COMPANY OF°NORTH AMERICA USA at a meeting held on the 31d day of December, 2003. The President; or any Vice President, acting with: any Secretary. or Assistant Secretary, shall have power and authority: 1. Tp appoint Attomey(sj-in-fact, and to authorize them o execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and `undertakings contracts of indemnity and other obligatory irrthe nature hereof; and 2. ToTevoke at anytime, any, such Attomey4n-fact and revoke the authority given, except' as provided below 3. in connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly Called and held`on the 31'r day of December2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company maybe affixed by facsimile to any Power of Attorney or certification thereof authorizing the'execution and delivery of any bond, undertaking, -contracts of indemnityand other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA•has caused i this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 13th day of November, 2007. o �Q THE GUARANTEE COMPANY OF NORTH AMERICA USA y � r STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 13th day of November, 2007 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 18th day of March, 2009 Me 6J C� P� Randall Musselman, Secretary ? w>,.c�e c.> �i. a> a..,�a -a sa �aysaC.�s �4„ . sat,. ,�q. ca ,�aS,�s caS •.. �.... ,. � pia � :�. '•1... n. sa a.�4� a. �. 9i.' oa. �- �A , sa. State of California County of Orange On 03/18/2009 Date before me, R. Haas -Bates, Notary Public Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) -A S rJP T }' y Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(5) whose names) is/afe subscribed to the within instrument and acknowledged to me that he/sh� executed the same in his1h9Wtiie4 authorized capacity(ies), and that by his/heW4heif signature(s} on the instrument the person(*} or the entity upon behalf of which the person(stacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Q6CLLLQR2jft � Signature o�otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin El Individual Corporate Officer — Title(s): Partner — !_I Limited ? General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: I.ElIGHT ,OF SIGNER.lop of thumb here ' Number of Pages: Signer's Name: E. Individual O Corporate Officer — Title(s): _ Partner — F'j Limited D General Attorney in Fact Trustee I Guardian or Conservator ❑ Other: Signer Is Representing: Top cf rhumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA g1313-2402 • w ,NationalNotaryorg Item #5907 Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss_ County of Los Angeles On ^' 7 ��� before me, Michael Edward Lifsey, Notary Public personally appeared MiEt. —,� t�SF1r CWrJnb*)n * 16867SS dory pub#,- -- Caufor,fa Rf COMM. EXP4mf: Aa`kxy 5, 2010 Dave Poole who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signiture on the instrument the person, or the entitiy upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official S-Al OPTIONAL Signiture of Though the information below is not required by law, it may prove valuable to personshelying on the document and could prevent fradulent removal and reattachment of this form to another document. Description of Attached Document c Title or Type of Document: Document Date: — -��"� Number of Pages: Signer Other Than Named Above: Capacity Claimed by Signer Signer's Name: a ,�E Individual ��c Corporate Officer - Title: K� (/ Partner n 10 Attorney - in - tact Trustee Guardian Other: Signer is Representing:i�/3 q City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 29, 2009 Silvia Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730-5311 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, v Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citiq.lfott WicWpi6Rt/&tV"i�i3�NyocNew Zealand ( Telephone: 714-536-5227 ) SILVIA CONSTRUCTION, INC. 9007 CENTER AVENUE RANCHO CUCAMONGA, CA 91730-5311 "SEALED BID FOR: RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT #455" BID DATE: THURSDAY, MARCH 26, 2009 BID TIME: 2:00 p.m. 2009 E; 26 F-i 1: 4 2 F CITY OF HUNTINGTON BEACH CITY CLERI� SECOND FLOOR 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 SECTION C PROPOSAL. for the RECONSTRUCTION OF VARIOUS RESIDENTIAL, STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 A BIDDER'S in the amount opt �10ENT 0� OF BID 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 Bidd ' i nature —8-- NO A e- C-2 MSC a 455 Project Bid Schedule 1TEM APPROXIMATE QUANTITY,:.. y _ ITEM WITH, UNIT. PRICES WRITTEN, IN UN1T_ i WORDSPRIDE _ TOTAL 237 REMOV /DISPOSE gF T RKWAY TREES AT L �� O 1 � . 2 89,654 REMOV /DI POSE OF P.C.C. I LK (C RB RAMPS INCL.) AT l 1, l�)1 C/ PER SF 1,f 137,190 PARKWAY EX�(AVATION `�'%2R (7 I. 0 PER S �� 0. � 144 RAE VE/R P C IR IGATI T M IN PARKWAY,,/ 4 262 RATM�EI/ P A WATER METF—&t X�5 j'� \ 27,438 R M VE/ ISPOS OF CU B A GUT ER URB RAMPS INCL.) A � kLF r 6 1.��dL 27,438 REM VE/D POSE OF ASPHALT CONCR TE (Gutter Slot) AT ,Ao((Q 7 o PER LF� 8 49,395 R AT VE/DI POS�E OF P.C.C. DRIV ..Wp �C)`1k �Q AY PER SF j i 4 9 16,128 AT REMOVE/DISPOSE OF�EX S I G RO S GUTT R vR 1 42,579 REMOVE SP SE OF SPAND AL �.. �tl / 7 �/P 10 AT R SF 27,438 CON TRUCT P.C.C. CURB AND GUTTER=per tandard Plan 202) 11 LF 49,395 CONSTRUCT ``P. .C. DRIVE AY (per Stan r Ian 209) AT PER SF y, 12 89,654 CON TRUCT P.C.C. SIDEWAL (per Stan and n 207) AT c SF �• 13 1,029 COrNST�R)UCT ASPHALT CONCRETE (GUTTER SLOT per Standard, J o� �t dA Cl-7' I 14 AT dn,G� TON. l 71 CONSTRUCT WHEEL CH IR RAMP ( er St a dard Plan RSP A88A) AT M1,Rt-V, 15 ,, - EA. 42,579 CONSTRUCT SPANDRAL (per Tandard Plan 205 1'c`" AT r'� (� 7 Jl / `I7• 16 �2. a nn - ... SF 16,128 CONS RUCT CROSS GUTTER (per, Standard Plan 205) ✓� �� 1 7. 49° 17 AT 0e_ 6.ty�C� 2 D ER SF • / (I 346 FURNNIS�H/yNSTALL ROOT BARRIER (2) EACH LOCATION (per AT—TUlt� A,..1,Lw Lot. p� �' �7<i ��I 18 nyrt 3t ( m.�„c s..�..c�.ni. �__ PL CE NE PARK AY TOP SOIL AND RESEED • 333 A 19 s v f- P R EA. a no RRC%f% A01e B7_1 Chat- 1..1— .®.vas - wv � . v��a.� �+e►.. aawu u��.uu..a� TEM APPROXIMATE,y UNIT :ITEM VliITH; KNIT PRICE$ WRITTENyIN 11VORDS' 1 333 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard. Plan n 7,14) Do �%4���� �b�� I 20 v� U i 115,345 COLD PLANE` ��. o� 21 AT 'tom C PER SF l 5 FURNIS ANP INST LL PETR 292,080 AT LtZ CW\MligCh�UR SF 22 i 2,629 ONE ONE -HA F INC OVERLAY 1 AT IJ t �vOiAj `�"G1 j/2PE TON I 28 23 ADJUST YVATEVALVES, AT b u i ;ALSA PER EA. 24 WIP 25 ADJUST MANHOLESpp AT A Unl�•�i� sl�.t�-� PER EA.��J, 125 PREPAREPRE & POST -CONSTRUCTION CORNER RECORD AND j 52 ATI�Jc Q� PER EA.�'✓ U_ j l 26 0 The award of contract will be determined by the base bid � otaLAmount Bid in Figures: I$, Aj�Qp�j.�� , Iotal Amount Bid in Words: LAA1i f n.:o a. O N► A.Y . %:b'51 C-2s MSC a 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM APPRO XIIVIATE �i � _ UNIT S' _� N© ;, QUANTITY"P _.: ITEIVI_WITH :UNIT_PRICES WRITTEN IN1nlORDS _ _.,; PRICE „_ TOTAL'_: 44 REMOV /DISPOSE OF PARKWAY TREES wrw IGfJ�r� 1 AT vi ts 8,756 REMOVE/DISPOSE OF P.C.C. IDE A CURB RAMPS INCL.) AT Kit Q��\ g� 2 v\Nx) Q CQPER SF 15,110 PARKWAY EXCAVATION�i AT tAxk SF 3 E OVE/REPLACE I�SIGATION SYSTFM N PARKWAY 4 PER EA. " 48 REMOVE/REPLA E WATER METER BOXES lI� Ov 3 022 A M VE/DISPOSE OF CURB U TER(CUR BRAMPS INC L.) f%.. 6 3,022 REM VE/DIS OSlE OF ASPH LT CO C E E, utter Slot) At\ / 7 PER LF 8,330 REM E/DLSPOSE OF P.C.Q.DRIVEWAY PER SF AT-Q i 3 g REMOVE/DISPOSE OF EXISTING O S GUTTER 9 AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF 3,022 CO STR CT P.C.C. CURB AND G TTER (per Standard Plan 202) A ���� � 11 �i R LF 8,330 CONSTRUCTP.C.C. DRIVEWAY (per Standa d Plan 209) AT -,\eR 12 SF 8,756 CONSTRUCT P.C:C. SIDEWALK_(p r t nd Plan 207) AT h P R SF k� 13 o��� - 1®i CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 114 Plan 109) 14 o AT6'►� (� O rA ER TON 6 CONSTRUCT WfiEEL CHAIR RAMP (per Standard Plan RSP A88A)(� A 00 a� 15 o i�� �. ER �E CONSTRUCT SPANDRAL (per St dard Plan 205) 16 - AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 1 17 AT PER SF 49 FURNISH/INSTAL L FOOT BARRIER (2) EACHLOCATIONLOCATION (per AT Vim ai �a:0 o / 18 � q`Sl &,tcLE Lot. / 49 ATb'yELNEW Y TOP SOIL AND RESEED 19 ,PARKW ER EA. 7 i MSC - 455 (Alternate) Project Bed Schedule ®akgrove, Esta, Pratt, Ivory 49 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard Plan 714) v o 20 AT V Gi �A/� PE l 13,365 COLD PLANE 21 AT r PER SF l 34,200 FURNISH AN INSTALL OM T AT ►„i�/QiOil& PER SF 22 L2Z3 308 ONE ONE-HALF INCH OVERLAY AT 2, v PE TON b� ¢ j 1 4 ADJ ST)WATE VALVES (, / A /11I P�N� K-6��i an�1 N9 P� EF�A EA. 24 Cotit- 3 ADJy ST MANHOLE ( 1AT`2� h t> 4M $A¢ Ar4.c.a- PE EA. ��. Gro Gam/ /. , off 25 7 PRE ARE PRE_& P ST-CONSTRUCT ON CORN�jR�RECORD AND A v;t�� 61`(�`k'E EA. , e 26 'otal Amount Bid in Figures: $ , Total Amount Bid in Words: u t' A ; n. C� l J C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Class r .ail � f.�. � L/ ✓ � Q`y � � [/_ 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 NONCOI..LUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH DID State of California 4 ss. I County of Orange K U R T I S A K A B 0 R I , being first duly sworn, deposes and says that he or she is VICE PRESIDENT of SILVIA CONSTRUCTION, INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is. genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and- has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. j' SILVIA CONSTRUCTION, INC.. Name of Bidder r Signature of Bidder /KURTIS AKABORI VICE PRESIDENT r 9007 CENTER AVENUE J RANCHO CUCAMONGA, CA 91730-5311 Address of Bidder Subscribed and swornto before me this �6 day of 201. NOTARY PUBLIC PATRICIA BURRE Commission # 1798307 Notary Public • California Son Bernardino County +�C0 �0 6M 2 2M2 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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: Ape rson 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. Date: MARCH 26, 2009 SILVIA CONSTRUCTION, INC. Contractor By KURTIS AKABORI VICE PRESIDENT Title 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. n/a 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. Date: MARCH 26, 2009 SILVIA CONSTRUCTION, INC. Contractor By KURTIS AKABORI VICE PRESIDENT Title 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: SILVIA CONSTRUCTION, INC. Contractor By KURTIS AKABORI VICE PRESIDENT Title i 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: SILVIA CONSTRUCTION, INC. Bidder Name 9007 CENTER AVENUE Business Address RANCHO CUCAMONGA CA 91730-5311 City, State Zip (909 ) 481-8118 Telephone Number 568194 A State Contractor's License No. and Class MAY 31, 1989 Original Date Issued MAY 31, 2009 Expiration Date The work site was inspected by JOSEPH W. SILVIA of our office on MARCH 21 , 20 09 The following are persons, firms, and corporations having a principal interest in this proposal: SILVIA CONSTRUCTION, INC. (A CORPORATION) JOSEPH W. SILVIA, PRESIDENT KURTIS AKABORI, VICE PRESIDENT BENJAMIN B. DAY, TREASURER CAROLYN D. PARKER, CO -SECRETARY C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. SILVIA CONSTRUCTION, INC. Company Name I Signature of Bidder KURTIS AKABORI, VICE PRESIDENT Printed or Typed Signature Subscribed and sworn to before me thisay of 64, 20 PATRICIA BURKE Commission # 1798107 Notary Public • California San Bernardino County Cwm 2012 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY OF CAMARILLO, 601 CARMEN DRIVE, CAMARILLO, CA 93010 ,I Name and Address of Public Agency Name and Telephone No. of Project Manager: TOM FOX, (8 0 5) 3 8 8 - 5 3 4 0 $1,569,276.00 ANNUAL OVERLAY '06-'07 SEPTEMBER, 2007 Contract Amount Type of Work Date Completed 2.- CITY OF LONG BEACH, 333 W. OCEAN BOULEVARD, LONG BEACH, CA 90802 Name and Address of Public Agency Name and Telephone No. of Project Manager: C H A R L E S R. R A M E Y, (5 6 2) 5 7 0- 5171 $1,276,234.00 CITYWIDE-AREA6-R6698 FEBRUARY, 2008 Contract Amount Type of Work Date Completed 3. CITY OF LAKEWOOD, 5050 NORTH CLARK AVENUE, LAKEWOOD, CA 90712 Name and Address of Public Agency Name and Telephone No. of Project Manager: MAX W I T H R O W, (5 6 2) 8 6 6- 9 7 71 x 2 5 0 2 $1,299,977.00 PAVEMENT REHAB./ # PW 05-12-R SEPTEMBER, 2007 Contract Amount Type of Work Date Completed C-10 Bond No-- 0 --8--5--6--0--2---9--1 pFidelit and Deposit Company-- POST OMCE BOX 1227 OF MARYLAND BALTIMORE. MD 21203 1. l.i i i V I KNOW ALL MEN BY THESE PRESENTS: Silvia Construction Inc. That we, -- -------- - --------- , as Principal, (hereinafter called the "Principal"), and !the FIDELITY AND DEPosrr COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation dull*organized under the laws of lice State of Maryland, as Surety, (hereinafter called the "Surety"), are held and gtrrr,ly bound unco__ Cif of Huntington Beach Obligee, (hereinafter called the "Obligee"), in the sum of____ten percent -of amount bid 10% - --------------_�----____--Dollars ($_ _ 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 Reconstruction of Various Res_i_dent_i_a_l___S_ treet_s_ Contract No. 455 --^ 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. Si ned and sealed this-_ 19 t h March A D 2fl 0 9 g-------------- — --------day of------------------------ -- ---- Silvia Construction, Inc. ------- (SEAL) - Principal Witness BY: --74 ------ ------------------------------------------- ---------------- KURTIS AKABORI, VICE PRESIDENT""e FIDELITY AND DE S OM Y OF MARYL N ure --- -_— -- - - By--- ---- -- --------- ----- (SEAL) Witness A TO Y-IN-- - T -Ttle c310-50M.7-92 C es L. Flake c (m . b AM.OUA Irtuiw[c or A-hd,,, Doourcnt A-110. - Fd4 ,y 1970 EdW.. - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On MARCH 26, 2009, before me, PATRICIA BURKE, NOTARY PUBLIC personally appeared KURTIS A.KABORI , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd official seal. PATRICIA BURKE Commission # 1795307 ' Notary Public - California Ban Bernardino County Wooffma 2642012 S' afore of Notary Public Place Notary Seal Above --------------------------------- OPTIONAL -------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES: Signer(s) Other Than Named Above: DATE OF DOCUMENT: CAPACITY CLAIMED BY SIGNER Singer's Name: Kurtis Akabori ■ ■ INDIVIDUAL PARTNER CORPORATE OFFICER VICE PRESIDENT TITLE ATTORNEY IN FACT TRUSTEE GUARDIAN OR CONSERVATOR Other Signer is Representing: SILVIA CONSTRUCTION, INC. NAME OF PERSON(S) OR ENTITY(S) RIGHT THUMBPRINT OF SIGNER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 03/ 19/09 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) LEXIE SHERWOOD C`F CODAV, !'f1593951 Z t� !, '` ! NOTARY P -3L!C m CALIFOPNIA n ORA.,f•.;E COUNTY Comm Ex - jul!-Y 27, 2009 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of NbotaryPublic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB nij a OOD, all of Anaheim, California, EACH its true and lawful agent and m tt ,° d deliver, for, and on its behalf as surety, and as its act and deed: any an ps n xecution of such bonds or undertakings in pursuance of these prese 1 in i as fully and amply, to all intents and purposes, as if the had been d � t ac 1th 4ularly elected officers of the Company at its office in Baltimore, Md., i�5p Per p attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, C a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 0 s a eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Ls said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: �o uer�sj � f O � .r T 4 w fua State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 L H Engineering Co., Inc. 708 N. Valley St., Ste. Q Anaheim, CA 92801 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citi.fort�i3�'ic�C,t�tli�kr�ocNew Zealand (Telephone: 714-536-5227 ) PROPOSAL. FOR: PROJECT: Reconstruction of various st. Service contract # 455 BID DATE: 3/25/09 2pm City of Huntington Beach Attn: Office of the City Clerk 2000 Main st Huntington Beach Bidder: L II ENGINEERING CO., INC. 708 N. VALLEY ST., SUITE Q ANAHEIM, CA 92801 PHONE: (714)758-8035 FAX: (714)758-8037 SECTION A NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on March 26, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of A-1 the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. The Engineer's estimate for this project is $ 3,976,000 PROJECT ESTIMATE I. Fairlane, Calneva, Prelude, Eliot, Stardust, Pheasant, Norcon, Jersey, Quail, Edgeview, Carp, Elbe, Pilgrim, Murdy, Willett, Adams (frontage road), Landau, Rice, Huntington $ 3,608,685 II. Esta, Pratt, Oakgrove, Ivory (Alternates) $ 367,315 $ 3,976,000 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and CC Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting. Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not. be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after. the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal r Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and. the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may -then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-4 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days .after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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. 11 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 6,4 6wo ..in the amount of $ 167• a Rig 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 MSC - 455 Project Bid Schedule ITEMAPPROXIMATE ' �� z: „ � � ITEM UNIT QUANTITY,..? ;. WITH. PRICES _WRITTEN_ INWORD 237 REMOVE/DISPO E QF PA KWAY TREES S & 1 AT' pi/j ,/ PER EA. 89,654 REMOVE/DISPOS ��O"F P.C.C.SIDEWALK (CURB RAMPS INCL.) p�D1��5 PER SF PARKWAY EXCAVATION 137,190 lllVll; 061I(A,/ PER SF I �d REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 144 AT tweAtm kumt-to dARRI(s PER EA. U, 262 REMOVE/REPLACE WATER METER BOXES 5 AT E` PER EA. SU 13 U 27,438 REMOVE/DISP SE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 AT e � 1,• - ai. 114r PER LF p RATMOVE/DISPO�SE�OiI�� HALT CONCRETE (GuttPeER lot) 7 27,438 LF 4939 ,5 REMOVE,,IISILPOSE AT TD.. F P.C.C. DRIVEWAY JAr 8 g wd 0(c)[ PER SF 2 O 16,128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER ri 6 q d end PER SF �S 32U 42,579 REMOVE/DISPOSE OF S NDRAL � '] 10 ATWOPER SF gnd qyj � 27,438 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 AT InL16t laa o rf PER LF 2-S� 49,395 CONSTRUCT C.C. DRIVEWAY (per Standard Plan 209) dollkr5 �3 12 AT TeA PER SF (p 89,654 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 AT 'f VY c,(dl(AYI PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 109) � 14 AT ,vykajrd 0(d ar PER TON too O U CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 71 AT fLio Viu,iA , /j PER EA. z 0QO G /q CONSTRUCT SPANDRAL (per Standard Plan 205) 16 42,579 AT ,P.Qh PER SF (� �p y�j 17 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT (Z f r f PER SF 346 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 18 AT eAe k✓",dr{d 4114✓1 PER Lot. (UQ 3 y 6if6 333 PLACE NEW PARKWAY TOP �OIL AND RESEED 19 AT 4 uhdr,-d ddll4rl PER EA. 700 C-2s MSC ® 455 Project Bid Schedule ITEM APPROXIMATE �x � 4;r 'fi ', _ f s UNIT , NO , .QUANTITY '„.; r ITEM WITH, UNIT"P.RICES WRITTEN„IN WORDS, FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 333 Plan 714) rr__ AT l fi e3 20 20 _2 �'I Ube d[� 1.' PER EA.. 21 115,345 COLD PLA E AT hl✓ CWts PER SF �, .3d _ �`f wJ. So FURNISH AND INSTALI. PETROMAT 22 292,080 AT �p'��p�l�f PER SF v/0 3 ty%� l ONE & ONE-HALF INCH OVERLAY 2,629 AT Q f/�p��Glr1 PER TON Q� 23 22 ADJUST WATER VALVES I 23 AT �Ws hUyloff°pl dollarf PER EA. bob 24 ADJUST MANHOLES ' 25 AT ��Q �� q r j PER EA. 5—bb 25 PREPARE PRE & POST- C NpSTRUCTION CORNER RECORD AND f 52 AT }�,�`t2 L1 md4 1 , tN dot I o1 PER EA. p 26 T The award of contract will be determined by the base bid "otal Amount Bid in Figures: $ � tot) gs-� otal Amount Bid in Words: I Four-oyu Jd^va oh" f4"'f*'0_ C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory #tiUANTITY: NO ,. ati ITEM,WITH,UNIT PRICES WRITTEN,FIN ;WORDS . , ,fPRIGE ,_ _TOTALx 44 REMOVE/DISPOSE OF P R WAY TREES AT p' II Vb 1 vrtd,�cd PER EA. 8,756 REMOVE/DISPOSE OF P.C.C. IDEWALK (CURB RAMPS INCL.) 2 AT �a 40114/y PER SF I- -7 PARKWAY EXCAVATION 3 15,110 AT oM d0J(ur PER SF I (�,� l REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 24 AT ±LV& 1, ✓Mo PER EA. 0(b 48 RE MOV /REPLACE WATER METER BOXES AT �0 �j q�© i 5 PER EA. REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 3,022 FiVi' PER LF _ REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 3022 , AT th1, 0,e PER LF ry 0C,A 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 AT PER SF Z /6�66b REMOVE/DISPOSE OF EXISTING CROSS GUTTER rl�2 t—co 9 AT o aid PER SF Z. } - REMOVE/DISPOSE OF SPA%[�AL AT *wa ! 10 & PER SF 3,022 CONSTRUCT P.C.6 CURB AND GUTTER (per Standard Plan 202) 11 AT LpjjA PER LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 AT PER SF l0 u) 8756 , CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 AT ✓ PER SF y CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 14 114 Plan 109) AT Q)g �k%yv✓'fo PER TON 166 CONSTRUCTWHEELCHAIR RAMP (per Standard Plan RSP A88A) 15 6 AT .,+a `�'kOVA `D+ PER EA. 2 OUO I2t W6 CONST UCT SPANDRAL (per Standard Plan 205) 16 AT Th PER SF Ir - CONSThAU TCROSS GUTTER (per Standard Plan 205) AT I 17 I tep PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 18 49 AT VW 'red PER Lot. ��D y �tOb PLACE NEW PARKWAY TOP SOIL AND RESEED 19 49 AT -m 1. OMAO PER EA. _500 C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory TEM ' APPROXIMATE _ i ` UNIT ITEM WITH, UNIT.PRICES WRITTEN IN WORDS „ , ,, - PRICE ., OTAL;, FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 49 Plan 714) AT G Vray dI I PER EA. 20 13,365 COLD PLANE AT C.Qvt�I PER SF 21 ,/ - /V 34,200 FURNISH AND I TA L PETROMAT uw-ti AT tPh PER SF . U 22 _ Z� ONE & ONE-HALF I CH OVERLAY 308 AT PER TON vLCJ 23 ADJUST WATER VALVES 4 AT tWO 1,_UvtdYP4 PER EA. ZG�i 24 ADJUS/T MANHOLES 3 AT rive PER EA.i 25 PREPARE PRE & POST-C RUCTION CORNER RECORD AND 7 AT PER EA. �/ �� Y �D 26 )tal Amount Bid in Figures: $ ,�O >n�� k,or\41red mho-f h()%4e d vvtn XJnctr(a ; £ " )tal Amount Bid in Words: total ro G2 e.y' a[1 Go 1f �mr- � I 5 7B,05 S6 'CUJ ,I 1(�"pv► f iV� �1�✓SG�r4 + i ihf-w do((ci-e"s c,nd 0) t his � (ifkk A C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class I r 6617o,5 tss�� .' Naw si. 4,kkip C I,�nd S� v-e �r��� �I� � Sv✓�-c S73-L l iddl� -�' Pr, w` �LY) m dr�n 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 pqu( N i.-el✓ , being first duly sworn, deposes and says that he or she is PftsiMrrl- of �enli uitiq Zy)(, the party making the foregoing bid that the bid is not made in the interest of, 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 depositary, or to any member or agent thereof to effectuate a collusive or sham bid. R-ful 'q L-ee- Name of Bidder of Bidder W14 t (4- Address of Aidder Subscribed and sworn to before me this day of �a , 2001 . NOTARY PUBLIC JEf Commissionn # #� 1818487 Notary Public - California Ormw County My Comm. Was Oct 19 2012 ------------- 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. � `., lief„,i �a►AU�3 �'Yli`nr'. + �� q � f j?t! to 1-11, 11p, y N 6)iMjjn( Co. YlC Contractor By PLeSI � Title C-5 State of California County of ORANGE On March 26th, 2009 ACKNOWLEDGMENT before me, JEFF LEE, NOTARY PUBLIC (insert name and title of the officer) personally appeared PAUL HOGEUM LEE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Oare C scribed to the within instrument and acknowled ed to me thatee she/they executed the same in her/their authorized capacity(ies), and that by his her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EFF� LEE lieCommission #►1818407 Notary POW - California Wan" County 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 ErNo 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. Date: 3 /-16 / a00I 0 En�� ��. Contractor By pros ide��' Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: L#- 6 1Co n� Bidder Name B siness Address AM G� r� 1 City, State Zip 01 y 7sg - 6035 Telephone Number State Contractor's License No. and Class 1Z (z c( Original DatJ Issued Exbiration Date The work site was inspected by ?qjt/ I of our office on M41-CA -Z S- 207 The following are persons, firms, and corporations having a principal interest in this proposal: FAvl a L22 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. 1,4 Company Name l ' Signa re of Bidder P,01 4 LAN-. Pri ted or Typed Signature Subscribed and sworn to before me this --164 day of MoS-Ch , 2009 . JEFLEE ��+ Commissionn #► 1818487 Notary Public • California Orange County Comm. Oet 19.2012 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 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: SE-C KTAC ff E� Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 ACKNOWLEDGMENT State of California County of ORANGE ) On March 26th, 2009 before me, JEFF LEE, NOTARY PUBLIC (insert name and title of the officer) personally appeared PAUL HOGEUM LEE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Cs are subscribed to the within instrument and acknowled ed to me thati h�she/they executed the same in &her/their authorized capacity(ies), and that by i her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) � JE+ LEE Commission # 1818487 -i Notary Public - California zZ Orange County My Comm. Expires Oct 19, 2012 I. H Engineering Company 708 N. Valley Street, Suite Q, Anaheim, CA 92801 Phone: (714) 758-8035,Fax: (714) 758-8037 LH ENGINEERING PREVIOUS PROJECT EXPERIENCE City of Malibu — Cross Creek Road Improvements Project 23815 Stuart Ranch Road Malibu, CA 90265-4861 Attn: Mr. Richard Calvin (310) 456-2489 Public Works Superintendent This project consisted of decorative pavers, colored and non -colored concrete placement along Cross Creek Road, which abuts the City of Malibu offices and the Main Market place in the City of Malibu. 10/07-10/08 $ 2.1 million Orange County Transportation Authority — OCTA (IFB) 7-1244 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: Gregory W. Lindsay (714) 560-5994 Project Manager This project included colored and non -colored concrete placement in numerous Cities in Orange County. 7/07-3/08 $900,000 Orange County Transportation Authority — OCTA (IFB) 4-0984 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: George B. Saba, P.E. (714) 560-5994 This project included colored and non -colored concrete placement in numerous Cities in Orange County. 1/07-6/07 $780,000 Orange County Transportation Authority — OCTA (IFB) 5-2450 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 Attn: George B. Saba, P.E. (714) 560-5994 This project included colored and non -colored concrete placement in numerous Cities in Orange County. 11/06-5/07 $600,000 I. H Engineering Company 708 N. Valley Street, Suite Q, Anaheim, CA 92801 Phone: (714) 758-8035,Fax: (714) 758-8037 City of Santa Ana - Flower Street Bike Trail Structural and Landscaping Improvements between Dyer Road and 100' s/o Railroad Track Public Works Agency M-36 P.O. Box 1988 Santa Ana, CA. 92702 Attn: Edward A. Torres (714) 647-5018 Assistant Engineer This project included structural concrete, colored, and non -colored concrete and various Landscape/Hardscape improvements for the City of Santa Ana's Flower Street Bike Trail. 1/06-11/06 1.3 million City of Newport Beach - Balboa Village Improvements Phase III C-3727 Public Works Department PO Box 1768 Newport Beach, Ca. 92658 Attn: Mr. Emmet Berkery, P.E. (949) 752-5221 Project Coordinator This project was a City improvement project within Balboa Island and included colored and non -colored concrete, Hardscape and Landscape improvements within the main tourist area of the island. 4/05-1/3/06 1.1 million BID BOND KNOW ALL BY THESE PRESENTS, That we, of Anaheim, CA LH Engineering Co., Inc. as Principal, and _Fidelity & Deposit Company of Maryland (hereinafter called the Surety), as Surety are held and firmly bound unto of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount Bid (hereinafter called the Principal), Dollars (S 10% of amount bid 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 Maintenance Service Contract #455-Reconstruction of Various Residential Streets NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful perforniance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 24th day of March Witness Witness 2009 LH Engineering Co., Inc. (Seal) Principal -S tr Title Fidelity & Deposit Company of Maryland By -- Frank Morones, Attorney -in -Fact S-00531GEEF 10/99 ACKNOWLEDGMENT State of California County of ORANGE ) On March 26th, 2009 before me, JEFF LEE, NOTARY PUBLIC (insert name and title of the officer) personally appeared PAUL HOGEUM LEE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed to the within instrument and acknowled ed to me that®e she/they executed the same in &her/their authorized capacity(ies), and that by hi her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JEFF LEE Commission # 1818487 /1 Notary Public - California 1) 1 Orange County Signature t---U u V" (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d• ereby nominate, constitute and appoint Philip E. VEGA and Frank MORONES, both 9 is its true and lawful a agent and Attorney -in -Fact, to make, execute, seal and deliver �i f s act and deed: any and all bonds and undertakings, and the executio p un nce of these presents, shall be as binding upon said Company, as fully an a t t i ey had been duly executed and acknowledged by the regularl ed &'Mts tiitl ice in Baltimore, Md., in their own proper persons. This power of attorr}u th ed VEGA, Frank MORONES, dated November 17. 2004. The said Assistant c ort hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- pany, and is now in force. IN WITNESS W R 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 23rd day of July, A.D. 2008. ATTEST: 'gyp UEPps�i O P W � 0 119Q ? State of Maryland SS: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: William J. Mills Vice President On this 23rd day of July, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant. Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-0036 CALIFORNIA +�a`.rA. +r.� �n�.. ",ra...�.'C.�fS �..�v..�KW�ci9„¢:�Nci9.:aiAL�SGciN�cl.��AR:cS.o� ' +y::��S'+oi✓•'ds4" •.a�.�Yroi✓.�aa. as ..vuD1'�? �T. �<G�aLLsas�A State of California County of ORANGE On 3 / 24 / 2009 before me, Philip Vega, Notary -public Oste Here Insert Name and Two of tho Officer personally appeared Frank .Morones Nama(:) of Slgnor(c) who proved to me on the basis of satisfactory evidence to he the person(�) whose namf4 /) is/k/re subscribed to the within instrument and acknowl d to me that yy executed the same in hi /,1 eir authorized capacdy(f s), and that by hkJ4 /heir signai:A(s) on the instrument the person(), or the entity upon behalf of PHILIP VE p which the person( acted, executed the instrument_ Commission # 1799866 t _ Notary Public - California z I certify under PENALTY OF PERJURY under the laws Los Angeles county = of the State of California that the foregoing paragraph is My Comm• Expkes May 31, 2C12 true and correct - WITNESS my hand and off icial\eal/// Place Notary Seal Above Signature OPTIONAL. Though the information below is not required by law, It may prove valuable to persons relying o and could prevent fraudulent removal and reattachment of this form to another docut Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner -- LJ Limited ❑ General ❑ Attorney in Fact ° Top of thumU nerd l � Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): D Partner ---- ❑ Limited ❑ General ❑ Attorney in Fact D Trustee Cl Guardian or Conservator D Other: Signer Is Representing: document RIOKTTHUMBPRINT: OF SIGNER V20W National Notary Assoclatibn- 9360 Do Soto Am, RO, Box 2402 -Chatsworth, CA 91313-2402. www.Natfona[Nolary.org Item 05907 Roor-dor: Call Toll -Free 1-800-875-6827 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 The MSH Construction Company 15301 Graham Street Huntington Beach, CA 92649 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citi6_5fo6odd /cl fib$tWMBA@�*r6ocNe\v Zealand (Telephone: 714-536-5227 ) The MSH Construction Company 15301 Graham Street Huntington Beach, CA 92649 License 4 687390 cv trl 1 r^! C7l �l C14 �- For: The Reconstruction of Various Residential Streets Maintenance Service Contract 9455 To: The City of Huntington Beach c/o City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 Bid Date: 3/26/09 Bid Time: 2:00 PM SECTION C ORIGINAL PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 No. Date Received Bidder' Aign ure C-2 MSC a 455 Project Bid Schedule .;ITEM ';APPROXIMATE ,- 11N1T _>= NO._ QUANTITY ITEM 1NITH.l1PVIT PRICES WRITTEN !N'WORpS PRICE TOTAL_:_ :' 237 REMOVE/DISPOSE OF PARKWAY TREES ATa a� �jrt'r' PER EA. , 'b`'s `a5q 1 05S REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 89,654 AT PER SF ®Qjp -71 PARKWAY EXCAVATION 3 137,190 AT For :siv cen45 PER SF .4to t a mp, 19 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 144 AT voir huni(ed dot lawsos 2G Ggm*5 PER EA. l.4 OC).2(-P 262 REMOVE/REPLACE WATER METER BOXES 5 AT fl 01 dbII0.0 g+.f>q C +5 PER EA. �i -2.1131,3. 13 27,438 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 AT 1Oor [W(CAr5 cane C{7 Cen-r:5 PER LF 7 !3� `1C1�#17 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) = 7 27,438 AT Forin3 s1 C-.Bvti"d'S PER LF ,4-40 49,395 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 AT 51)c etnTt> PER SF , �� y2 301. amp 16128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 , AT �-Wr Ctt,)l1ur5 6LWl Ze L l PER SF 2.01 (99 1�y .cl 42,579 REMOVE/DISPOSE OF SPANDRAL 10 AT � C PER SF ,50 314,0 CONSTR CT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 27,438 AT l rllf CJ-c;j Jat!5 cji 3 Gvn-�YER LF 2.9.33 49,395 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan209) AT PjUr ER SF 5, 2b '1",545.3b 12 GQOttcur5 J S�� G 89,654 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 AT -ffia (ar 6od e1 Vl rce—C etbPER SF .3-03 343 4(vq.85° CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 109) TWv hv46LA-, 14 AT 0tta4-5 c ncl 4-ce, PER TON 237• S� 244 L413.`t7 71 CONSTRUCT WHEE CHAIR. RAMP (per S ndard Plan RSP A88A) fiu�v►0� vti �� 15 AT PER EA. �, 1 CONSTRUCT SPANDRAL (per Standard Plan 205) 16 42,579 AT 6Lto&-N ioi6fz, a0a 4vcn 31 PER SF 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT Ttvi Jollad� tin "— c e3 PER SF jp,t4g I'1 ��ii�l. � a. 346 FURNISH/INSTALL ROOT BARRI EACH LOCATION (per Wf-. � did �`�� �� 18 AT PER Lot. jlc1.31° 3� 5(,8.Slo 333 PLACE NEW PARKWAY�QP SOIL AoD R&FgED 19 A r -fp.,� cL 1. Z�C,�t<- PER EA. /� 28, 142 '60-7. C-2s MSC - 455 Project Bid Schedule I FURNISH, EXCAVATE &&PP�ANT 15 GALLON TREE (per Standard 333 Plan 714) fi�p hOvs �c 4vr- I 20 AT (cog rnncl Xptlm 4L$✓ C.ia,�S PER EA. '23q.44 -78 t)J,'7. SSb I 115,345 COLD PLANE 21 AT t+5 PER SF , 24 -6o1339.9� FURNISH AND INSTALL PETROMAT 292,080 AT (1trye,4eeA C PER SF 22 e 19 r(o 783, glv I ONE & ONE-HALF INCH OVERLAY 2,629 AT PER TON I 23 md r &s. °�`4 'Z 2.516t+i0.31 ADJUST WATER VALVES I 23 AT .G)f- korjred GGOt4r-> e-Ln4L-- PER EA. I 24 -+ g(1G C')gft4—'- 40b.a� 9,205, ADJUS',T MANHOLES 25 Be � AT �e huro2.lr�i d all o��eJ''� PER EA. 400• 2(o t0�00(0, sip 25 -tof Ot (. � PREPARE PRE &POST -CONSTRUCTION CORNER RECORD AND 52 AT 51 1G h0n d.r cc.L-- SL K PER EA. � � I 26 d of t c�t� Gt r�l 511G >✓ � > il®. 351 ("Bo. 3 �. The award of contract will be determined by the base bid .al Amount Bid in Figures: $ ►-} 12.8 p 35 , 31 i'otal Amount Bid in Words: _Fb r_mtl b o n (he- hJj' eed 4fwo_-.,ard +h i4_4 ve, dofto_r'g oLrA44-%tc-4j one. c,ervks. C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM ;APPROXIMATE y ' PRICES."WRITTEN IN.' WORDS UNIT '1TEM WITH, UNIT 44 REMOVE/DISPOSE OF PARKWAY TREES REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 8,756 AT Cr6 xkq' G-�c�+�-?.r PER SF (�+ �7✓' % U � PARKWAY EXCAVATION 3 15,110 AT X-emTY Sp c.yg- T C PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 24 AT �c ,vGe[x� Qac i 14 —17f EA. 48 REMOVE/REPLACE WATER METER BOXES 5 ATovE a rg �„�ec a Tr✓ Je[i d[ '�' ,7�t 2 Lid&r EA. 102, '�U / J ! �� REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 3,022 AT LF �t 6 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 AT ,�L7Y%Sj�f «DTI' PER LF 8,330 REMOVE/DISPOSE OF P.C.C. DRIVEWAY Gy % JY� &I g AT 6%s7Y 2;w e,-j,,Zr PER SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 - AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 3,022 A�'v ✓ " /!•E'�Sc- c c LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) ` 12 AT 1Z-Vg , 6&eA, L s v' C PER SF 8 756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) PER SF l�e�` 3 13 AT vu1eA.4? ,e 7 1 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 114 Plan 109) A Al O 14 - WV1W.7` 6 CONSTRUCT WHEEL CHAIR RAMP (ter Standard Plan RSP A88A) `7 ii E*wr P6%, IR Z 0, rld 15 A ac br, Arr-ftd.✓asored o/L r Z&W i CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 18 49 AT 7 C��PR Lot- 3(e�U� v 49 PLACE NEW PARKWAY TOP SOIL AND RESEED _ AT IfII: e- �� l� , s 19 � C-2s MSC a 455 (Alternate) Project Sid Schedule Oakgrove, Esta, Pratt, Ivory FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard I 20 49 Plan 714) A �ot�1✓ iy �j �cst� �. P�/'� EA. 2 ��r �/ 1b' i 13,365 COLD PLANE aj�7 I 21 AT 'lei�J�' =�� G�i,1% S PER SF FURNISH AND INSTALL PETROMAT 34,200 AT G�-�.�5 PER SF 22 ONE & ONE-HALF INCH OVERLAY i 308 ATCJW 23 I ADJUST WATER VALVES 4 AT )1:6 f,,/? ,Zlt.,✓� 'g j� t-LAY . �'tc.�t.r7� ' C d 2 4 24 I I 3 ADJUST MANHOLES AT9ke ec7 fm I -lot, 2 19�'� 25 I PREPARE PRE & POST -CONSTRUCTION C RNER RECORD AND otal Amount Bid in Figures: Is jvzG 'otal Amount Bid in Words: j�eiu,Q q Fa,,T,f Fkit r,+sc' S. �f�T✓ c-c`svT� C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number "SEE ATTACHED SHEET" 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 The Construction LIST OF SUBCONTRACTORS In accordance with Government Code Section a104, the Bidder shall set for 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 of Name and Address of subcontractor State License Class Work Number Demolition Empire Demolition 758633 D-06, C-12, 14945 La Palma C-21 Chino, CA 91710 Parkway The MSH Const. DBA: The Moss Co. 687390 A, B & C-8 Excavation / 15301 Graham Street Watervalve Huntington Beach, CA 92649 & Manhole Adjustments Paving Imperial Paving Co. Inc. 266510 C-8 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 Tree V & E Tree Service 654506 C-27, D-49 Service P.O. Box 3280 Orange, CA 92865 Surveyor Forked Engineering Services 5662 22311 Brookhurst Street #203 Huntington Beach, CA 92646 Concrete C.L. Concrete 488722 C-8 1035 West Gladstone Street Azusa, CA 91702 Cold Plane PRS — Pavement Recycling Systems 569352 A P.O. Box 1266 Riverside, CA 92501 15301 Graham Street, Huntington Beach, CA 92649, 714-899-9509 ! 714-899-9510 fax License 4 687390 k =a.. Construction z 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. 15301 Graham Street, Huntington Beach, CA 92649, 714-899-9509 / 714-899-9510 fax License # 687390 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange Martin S. Hollister , being first duly sworn, deposes and says that he or she is Secretary of MSH Connt . DBA : The Moss Nv.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. Martin S. Hollister The MSH Const. Co. DBA: The Moss Company Name of Bidder 4 Signature of Bidder 15301 Graham Street Hilnti ngfnn Beach, CA Address of Bidder. 9 2 6 4 9 Subscribed and sworn to before me this 26thday of March 20 09 . LETICIA PETERSON Ol COMM. #1596545 .J NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY NOTARY PUBLIC Letieta.,Peterson *, M„Comm. Expires JULY22,2009 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: 03/26/09 The MSH Const. Co. DBA: The Moss Company Contractor t� Martin S. Hollister Secret Title 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 k�kNo 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. Date: 03/26/09 The MSH Const. Co. DBA: The Moss Company Cont a for artin S. Hollister By Secretary Title C-7 UNDERGROUND SERVICE ALERT IDENT'IEICAT'ION 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 A NCY. Section 4216/4217 of the Government Code requires a Dig Alert Identificatio umber 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: Title Date: ote: 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: The MSH Const. Co. DBA: The Moss Company Bidder Name 15301 Graham Street Business Address Huntington Beachl CA 92649 City, State Zip (714 ) 899-9509 Telephone Number 687390 A, B & C-8 State Contractor's License No. and Class 04/13/1994 Original Date Issued 03/31/2010 Expiration Date The work site was inspected by Walter Moss of our office on. March 19 12009 The following are persons, firms, and corporations having a principal interest in this proposal: Walter Moss - President Lisa Moss - Vice President Martin S_ Hollister - Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. The MSH Costt. Co. DBA: The Moss Company Company Name Signature of Bidder Martin S. Hollister Printed or Typed Signature Subscribed and sworn to before me this __2 Ej_44y of March �����: •. LETICIA PETERSON COMM. #1596545 .J NOTARY PUBLIC - CALIFORNIA (A ORANGE COUNTY My Comm. E*ms JJULY 2. 2009 NOTARY PUB rICeterson 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 Fountain Valley High School-17816 Bushard St. Fountain 11 CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Viveros949-851 -8383 $1,055,255 Sitework Renovations 11/30/08 Contract Amount Type of Work Date Completed 2. OCC Campus Signage - 2701 Fairview Rd. Costa Mesa, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Max Tehrani, 949-378-0586 $1,286,583.Fab & install of conc. signs and misc. sitework Contract Amount Type of Work 5 / 31 / 0 8 Date Completed 3. Valley Vista High School-9600 Dolphin St. Fountain Valley, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Viveros, 949-851 -8383 $1,556,471 Modernization of classrooms & admin. bldg. Contract Amount Type of Work 1 2 / 31 / 0 8 Date Completed C-10 ACORD CERTIFICATE OF LIABILITY Q INSURANCE DATE( MSHCOol 16 9) PRODUCER Alliant Insurance Services , Inc (Lic-OC36861) 735 Carnegie Drive, Ste 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Bernardino CA 92408 Phone: 909-886-9861 Fax: 909-886-2013 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Everest National Insurance Co — INSURER B:_ — MSH Construction Lisa Moss 1 Graham Street Huntington Beach CA 92649 INSURERC: INSURERD: - ----- --- INSURER E: — CUVEKAGE5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMR]DIYY EXPIRATION DATE MMIDD I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ��-PREMISES (Ea occuuence) $ _ COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ _ _ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY JELQT LOC -- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS ------_...—... YINJURY r(. i --- NON-OWNEDAUTOS ccident) $ PROPERTY DAMAGE $ _ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ j OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE is — RETENTION $ WORKERS COMPENSATION AND X I TORY LIMITS ER A EMPLOYERS'LIABILITY 7600001468091 03/19/09 03/19/10 E.L. EACH ACCIDENT $S,000,OOO ANY PROPRIETORIPARTNER(EXECUTNE E.L. DISEASE- EA EMPLOYEE $ 1 , 000 , 000 OFFICERIMEMBER EXCLUDED? ' H yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT --- $ 1 , 000 , 000 J. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Concrete Maintenance at various locations in Huntington Beach. *10 day notice to insured of cancellation for non-payment of premium/non-reporting of payroll. Any other alteration to the Cancellation section in this Certificate will not apply to Workers' Compensation Coverage (including removal of "endeavor to" wording) **SEE ATTACHED** CERTIFICATE HOLDER CANCELLATION C IHUNT 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Risk Management 2000 Main St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED EPRESENT Y ACORD 25 (2001/08) ` ' " U ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE Consumer Affairs Uc� ,se Numbef f N390 Fn1 fy. CORP; Business Name M S H CONSTRUCTION COMPANY INC THE DBA THE MOSS COMPANY f:l?ccif..�t��N fS� B C-8 \ I Upirauon Date 03/31 /2010 "COPY" FOR INFORMATION ONLY ACOR rM CERTIFICATE OF LIABILITY INSURANCE 03/26/2 00 9' PRODUCER (909) 793-2373 FAX (909) 798-6983 Davis & Graeber Insurance Services, Inc. License No. 0186657 470 E. Highland Ave, PO Box 40 Redlands, CA 92373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MSH Construction Company Inc. DBA: The Moss Company 1S301 Graham Street Huntington Beach, CA 92649 INSURER A: Westchester Fire Ins Co INSURERS: First Nat'l Ins. Co of America 24724 INSURERC: INSURER0: INSURER E: CnVFRACSFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Y EXPIRATION POLIC'E fMM1DDfYYI LIMITS GENERAL LIABILITY C24006323002 02/08/2009 02/08/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE rX OCCUR MED EXP (Any one person) $ 5,000 A 000 Deductible PERSONAL &ADV INJURY $ 1,000,000 RIC, U Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JEC LOC CG2SO3 (11/8S) AUTOMOBILE X LIABILITY ANY AUTO OICH7419382 03/15/2009 03/15/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B X X ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY G24006347002 02/09/2009 02/08/2010 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 11000,000 $ A $ DEDUCTIBLE $ X RETENTION $ 10 r 00 WORKERS COMPENSATION AND TH- TORY WC LIMIT ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDS2 BY ENDORSEMENT / SPECIAL PROVISIONS e: BID INFORMATION ONLY- Reconstruction of Various Street/ Huntington Beach, CA Job # 455 ertificate Holder is Additional Insured per form CG2010(11/85) as required by contract including rimary-Non Contributory wording per form GLE007(1/96), Waiver of Subrogation per form CG2404(10/03) uto Additional Insured & WOS per form CA7110(3/07), Primary wording incld per form CA0001 form pg 8 10 Day Notice of Cancellation for non payment of premium For Bidding Purposes Only 1 SAMPLE ONLY City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MXVVJM MAIL i' 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kx(X)¢i f)W05XXiIS1ft1UXXX AUTHORIZED REPRESENTATIVE George DeCristo/RLR ACORD 26 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001103) .POLICY NUMBER:. G240063230.0.2. COMMERCIAL GENERAL LIABILITY THIS END013SEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORSADDITIONAL INSURED — OWNERS, LESSEES OR This endorsement modif'es :insurance provided under the following: COMMERCIAL GENERAL:LIABILItY COVERAGE PART. SCHEDULE. Name of Person or'Organization: As required by--writtem contract signedby both .parties. prior to loss. (If`no entry appears above, ;information required fo complete. this: endorsement Will'be howri.in the Declara- tions as applicable to tl is:endorsements) WHO rS AN 'INSURED ;(Section:11) is amended to include: as an insured the, person: or organiiatlon shown in the Schedule;.. but only with respect to.liability .arising :out: of "your. Work" for thaf insured, by or for you. CG 20 10 11 85 Copyright,. Insurance Services Office; Ind., 1984 17 Page 1 of 1 I Named Insured, M§t+ Construction Company Inc.. Endorsement Number dba: The Moss Company Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW (.324006323002 02/08/2009 TO 02/0812010 0 I 2/ . .08/2009 Insured By (Name of insurance Company):: Westchester fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY...PLEASE READ IT CAREFULLY. CON-DITION 4, OTHER INSURANCE, .AMENDED , NON CONTRIBUTORY Partigra0h.4,c.isde']'eted'in:its::Eiiitlretyand replaced hylh, fpllqWi ;tif all of the:,ofher insurance pe rmits contrkuti6n equal I "shares;"shares;We Will. fellow: -this method unless the, insured Is:. -required by contract to provide. insurance - that is primary and non contributory:; and. the "Insured Contract is executed- prior Where; ria d'b contract; t is insurance will be ,quire. Rype ap, primary 'only when, and• to. the: extent a4lpquire.d bV"that .t htraot.:)HdweMori under thp contributory approach eadh.--.insurer,"conirib.utes,,OqLia1 amounts until. it';has paid. its 8pp.1j;able. lim it of insurance or none of the:. loss remains-,; whicheyk bornes first.. :arly of the other insurance do6sbbt i5e.rehircontributiorlb V h 111,cont ib t by limits. y.pqpa, s arjpsi �wip W.. r u 6 Under this method, each insurer's share.:is d the, ratio of its, applicable : limit of insurance to.th'e As ;based; on . e a t tarappitca' ev,limits of insurance of- ji. insurers:, GLE6007(01_961 32 Authorized Repeesent"ve Page 1 of 1 POLICY NUMBERL G1 006.323002 COMMERCIAL GENERAL LIABILITY CG 24 04.10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement ri16difies insurance provided under the following: COMMERCIAL GENERA'L;LIABILI.TY COVERAGE: PART SCHEDULE Name: of Person or O'rganization As required byw+ ritte '' contract sigtied by both partiesprior to. loss. (If no entry appears. above; information required ,to :com.plete this.endorse.Pnent will be shown: in the Decla rations as applicable toAhis.endorsem'.ent..) The TRANSFER: OF RCGHTS: OF RECOVERY" AGAINST OTHERS TO AJS: Condition (Section IV — COMMER- CI:AL.GENERAL LIABILITY CONDIT-1'ON.S). is. amended .by the. addi o :of the following, 1Ne :waive any` right =:of recovery we may.'have against the .pers.on or. organiiatiOh shown. in "the Schedule above, because o'f, payments. we: make for injury or damage ;arising out of your ongoing operations or 'Your work'p done under a contract: w ith that person or,';organ►zatton anci included m ,the. "products -completed. operations hazard" , This waiiiet applies only`to the person or organization shown rr the -Schedule above. CG 24 6..4 1 p 9.3' Copyright, Insurance- Services `Office, Inc., 1992. :page 1 of 1 29 COMMERCIAL -AUTO CA 71110 03 07 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provid0d:-uhtleir thefollowing: BUSINESS AUTO COVERAGEFORM With. respect to coverage. provided by this: endorsernio,. the provisions of the Coverage Form apply unless modified by the. endorsement. EXTENDED CAN . CELLATI QNWISIDITI N LA, It- ET- ADDITIONAL 'IN90REb Paragraph 1b. of: the CANCELLATION 09m.nion ;Policy Condition, is replaced :by-ihe16lIowIng,., .6.. BQ daysi befbrg the: ct I ri . Ion effe­­Ive data of ow. t6liatli.. if' We cancel forother any p par,reasOn. TEMPORAR Y 'SUBSTITUtE AUTO, '— PHYSICAL DAMAGE COVERAW Under paragraph. C.. -,— CERTAIN. TRAILERS, MO. - BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 11. COVERED AUTOS, -ThO followirid is dddd.d: If'Physical. Ddrn$g6 coverage is.provided bV this CO.Vm, erage.Forn'theriyou h6vew.t1ov6rageJot: Any "auto" ,you d6. not, -own . while used thei por= mission of its :owner as, a'temp6'rar.,y:subst(t Ute "for . ;ik covered ".auto" you own that it out .of sbtvi6e:'b0w cause :of -its b?d�Lkdown, repair., servicirig, "loss" :or' destructl'oh.- BROAD. FORM NAMED INSURED SECTION 11 LIABILITY- COVERAGE:-- AA. 1NH0 IS,W INSURED pro%4sid.n,'Is,.:amended: by,the:ddditio*hL' df.the.following: d.- Any: business entity newly acquired or forrnod:, by you during the policy d provided you own . po icy period 50% or ,more cf the business entity and :th e. business entity is not7oparateIV insured for.. Business' Auto Coverage: Coverage Isextended: ,up to a maximum of 18.0. dgy,�.follovving acquisk tionor f ormat lon: oft I he business ent! ty.'Coveraqa under this provision_I I is afforded only untivthe end ,of the policy perio.di S .. E&ION :11 LIABILITY- . . . COVERAGE . X.I..'WHO IS AN INSURED provjlglon: is amended by the addition, of the foilawing: . Pi Any* perspribir organization .for whom you are re,- quired by: ari "insured_ conitract" to providg fhsur n, 'insured",- gnce:js 'insured",subfact.to.'the following Ilowi . ng aqdltlqnal. proylslonse' 0) The Iiinisured. must' be in effect duringthp'-policy period #oWn, in. the Decla- rations; i:an! must have been, executed pril . pir "property -damage". (2) This person or qraarftatlon Is an. "Insured" :only to the - extent: yqu are llable.due to your ongoing operations for" that Insured, whether the :work isperformed byyou, only totheextent you are hold liable for an "iccident'i occu rring a covered "auto" -is being driven. by : you or: one: of your em- ployees. no::coverage. Orovided to this person .or, organization for "bodily iNury" to Its am,- . X. ploy0es,..*hb,t. for "property ;damage" to ;its property. 44), Coverage Jor this: :Person or organization shall be1irrilted to the :extent of: your negli- gence or fault ta�bcording to the applicable pdricipl0t of comparative negligence or fault. 16.) The, defense of any claim or "`suit" must be te.ndeired, by, this person or organization as 806rf as practicable to all other insurers Which pote.pitially, provide insurance for such claim "suit , 1-n.cl.udes'cop,yr*;ghied:materiaI of Insurance Services ervicas Office, Inc.,. with its permiss! I on.; Copyright,. Insuran' e.:-Servlcos Office Inc., 7I9q7* SO= and thm 90=6 160a aca ragismad undam4ft.offtfaca Carparatl*6 CA 71 10 03 07 Page 1 qfB EP. (8) The coverage. provided. will. not exceed the lesser of: (a) ' The coverage and/or limits of this policy, or (6) The coverage and/or •.Iimlts required by, the 'insured contract' (7) A person'.s 'or :Organization's status as an 'insured" under this subparagraph d ends when your operations for,that "Insured" are completed.. EMPLOYEE'AS INSURED Under Paragraph A. of Section 91` — LIABILITY COV- ERAGE item. f. is. added as follows: Your "employee" while using his owned. °auto", or an "auto° owned. by a;member of his or ;her household,. in your business or;your personal affairs, provided, you do not own, hire or borrow that "auto". This. coverage is excess .to:anyother.*.collectible.insurance<coverag®.. FELLOW EMPLOYEE :COVERAGE ;Excl "us ion S.. F1=U_QW EMPLOYEE of :SECTION ]r - LIABILITY COVERAGE B., IEXCLUSIQNS is: amended by the addition ofthe following:: :However; this -exclusion does. riot apply .If Aho, lt.6dlly injury" results from the use of a covered "auto"°.you .Own or hired and provided .that any. coverage under this provision only ;applies ri: excess over any other, collectiiale insurance::. BLANKET WAIVER°OF :SUBR.OGATION_. We waive the right of'recoverywe may have.for. pay= ments made for "bodily . injury" or "property: damage" :on .behalf of the :persons; oC organizations added; as "'Insureds".under Section Il — LIABILi. Y bOVERAGE. A.1.13. BROAD FORM NAMED INSURED and: A:1.e BLANKET ADDITIONAL INSURED.- PHYSICAL DAMAGE — ADDITIONAL; TRANS. PORTATION; EXPENSE'.COVERAGE The first sentence of ;paragraph A.4. of SECTION lit -- PHYSICAL DAMAGE COVERAGE°is amended as follows: We will pay 'up to $50 per day to a maximum of $1,500 for temporary•transportation expense incurred by you. because of the total theft:of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE DCTENSIONS, is. amended by adding the following: c. Personal Effects Coverage For any Owned '°auto" that is involved in d covered "loss", we will pay up to $500 ,for "personal effects" that are lost or damaged as a result of the covered loss", without applying a deductible: EXTRA EXPENSE -- BROADENED COVERAGE .Paragraph A. — 'COVERAGE of .SECTION III - PHYSICAL DAMAGE COVERAGE is" amended to .add: .5. We. will pay -for the expense of returning a stolen covered. "auto" to you, AIRBAG COVERAGE Under paragraph B, EXCLUSIONS of"SECTION ill PHYSICAL.DAMAGE C. OVERAGE, the following is .added: The exclusion relating to mechanical breakdown does not applyto the accidental 'discharge of an airbag. NEW VEHICLE;REPLACEMENT COST. Under Paragraph 'C - LIMIT OF `INSURANCE or Section tll :— PHYS.ICAL: DAMAGE CQ'ifERAGE sec- tion`2 is: amended: as follows: 2. An adjustment?:for'>.dopreclatioh and physical con- dition will , be .made in determining .actual cash valuo in.the event;of a total ioss. However, in the. event -of a total loss. to your "new vehicle to. which this coverage _applies; as shown In -the. declarations,_ we will pay at:your option: .Page:2of B. a. The verifiable. "nevi+ vehicle" purchase price, you paid for your damaged vehicle, not •in- cludingany insurance or warranties pur- e. haled;. b:. The purchase price, as; negotiated'bi 'us, of a new vehicle of 'the. same. make, model and equipment,.. not 1noludiriq any furnishings, parts or equiprnent .not installed by the manufacturer or manufacturer's. dealership. If -the same .mo.ciel is not. available .pay the purchase price: 'of the most similar .model available; 4a19 INSCO INSURANCE SERVICES, INC. insc%=q Underwriting Manager for: CgRCE D Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, The MSH Construction Company, Inc. DBA The Moss Company as Principal, and Developers Surety And Indemnity Company a corporation authorized to transact a general surety business in the State of California bound unto the City of Huntington Beach in the full and just sum of Ten Percent of the Total Amount Bid as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($ 10% ) 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 Reconstruction of Various Streets - Maintenance Service Contract #455 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. Signed and Sealed this 17th The MSH Construction Company, Inc. DBA The/Ms ompan — '. /7 Principal ID-1198 (Bid Bond) (REV. 1/01) day of March 2009 YEAR Developers Surety And Indemnity Company Surety By: ha on Lopez, Attorney -in -Fact CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On March 17, 2009 before me Kathleen Ryan, Notary Public , personally appeared Shannon who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ., KATHLEEN RYAN WITNESS my hand and official seal. N COMM.11678421 0 NOTARY PUBUC•CAIIFORNU X U SAN BERNAROINO, COUNTY ;ASignature �,.���, (Seal) My Comm_Exp. JULY 26, 2010 } 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 Title(s) PAR4qiERSS 1MITED 6EN_r. �7 MOP ME- - ■. SIGNER IS REPRESENTING: Developers Surety And Indemni Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document Number of Pages March 17, 2009 Date of Document The MSH Construction Company, Inc. DBA The Moss Company Signer(s) other than Named Above POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY . INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, thatas except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Belo, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008 By: Stephen T. Pate, Senior Vice President By:S-AL4W Charles L. Day, Assistant Secretary State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signers) - MSTC3PREA-J, k' liy iVl i 311M 7 -; t iARS'PUBLGf , rA (A dRi4Nt�'btRf ;� �_ cominf�afy;l9riUi�1' :. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Uue and correct. WITNESS my hand and offs ial seal. Signature Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 17th day of March , 2009. By: Albert Hillebrand, Assistant 5ecretary I D-1380(Wet)(Rev.07/07 ) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 CJ Construction, Inc. 10142 Shoemaker Avenue Santa Fe Springs, CA 90670 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, } Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister New Zealand ( Telephone: 714.536-5227 ) Cj Construction, Inc. 10 142 Shoemaker AN enite Santa Fe Springs, CA 90670 2009 26 P Pf 1 55 M, I UJ P I 6; SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 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 6A Fwn d in the amount of $ Z->77, W ' '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 -1Q/ C-2 MSC - 455 Project Bid Schedule ITEM APPROXIMATE , n UNIT NO ._ QUANTITY ,_ ., a,� .. ITEM WITH l:)_NIT,PRICES WRITTEN IlkWORDS" --PRICE. , TOTAL .; 237 REMOVE/DISPOSE OF PA KWAY TREE/fS AT hUJ1effed � G%L`//�rS PER EA. �I L.$(" 4, 050 �X 1 89,654 REMOVE/DISPOSE OF. P.GC.,SIDEVVALK,(CURB RAMPS INCL.) ' f�C CJO1147l C 00enl ler# r i i/Q ' ER SF 25 r y� -201 %off ; cL 1 137,190 PARKVaIAY�XCAVATION E y .I iy-e. C-en `s PER SF � _ i,. 7 144 REMOVE/REPLACE IRRIGATION SYSTEM IN P�`RKWAY AT �f �{U1%C%iiPCl q1?C� PVC �e V 4 262 REMOVE/REPLACE WATER METER BOXES AT 1-UO 17vndltd •f f0-1 CICIl 4rS PER EA. �© L 50 G ws, 5 ,500• 27,438 RATMOV�E�DIS�SGE�O��� CURB AND GUTTER(CURB RAMPS INCL.) G f g ��f PER LF 2) ce 27,438 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 0,► 1 y,t 4� 7 AT One C C11JC' PER LF `'f 49,395 REMOVE/DISPOSE OF P.,C.C.,DR,IVEWAY AT -�W(i l C��S ` PER SF 0 a 8 �:Jd 16,128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 'fht-te dawrS 4n4 -%t• (•eyt+S PER SF sro 3 C u 42,579 REMOVE/DISPOSE OF SPAND A AT �i''bf /C Igr$ G/I) fJ 1 L'�Y��S cil c zu 10 PER SF j`'� 27,438 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) � �Of 11 AT - aeo el h t%/" r5 PER LF Z?DO i�[� 49,395 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 20.9) AT .14•Ve CIG/1GvS GInd tw1#71y -kiVr_ C�t l SF Z'� -1125%42,3.75 12 89,654 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT r CIcII qrs Wily �wml'7' ��� �s PER SF 25 .p .fir C)2q•�i 13 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 109) AT i/ie4-1 f (VP- PER TON (;Q �S � �i-� • 14 _ _n 71 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT -f 1'Fk,6rJ bVnd1_--tea1 w U �s+,, 15 PER EA. iC.> ► 42,579 CONSTRUCT SPANDRAL (per Standard Plan 205) AT j�jl)e PER SF �' C�' 16 CIGfrGi'S 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) AT I%!/�- t%O%�G7/S" �/ 4 14 c. ,.11 151, 2,H$. 17 Yt PER SF 346 LtClellq S RIER (2) EACH LOCPER N (pLot. RN? ing2 C1 Q C,o 1;j) L10 o 18 AT / 333 PLACE NEW PARKWAY TOP OIL AND RESEED AT �! f jJvfd/t'd �f- 6fG/1gI'5 PER EA. �1 C0S A JEiO• , �, Z. 650 19 C-2s ivISC - 455 Project Bid Schedule fEMI il0 x, �,�QUANTITY«,,, ks _e�ITEM",WITH;UNITrP,:RICESWRITTEN IN,WORDSr, ,.=a ...: _,PRICE,= , ,� �'�TOT�AL_"�F� Y FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 33.3 Plan f7,14) AT'T UridrfG% / � G.i%i"5 PER EA. �2-40 � "�-7 l 20 �'%W'C' 115,345 COLD PL,5NE il-ii C•en-r) ' 6d 5"J L3q, (po3 21 AT PER SF 292,080 FURNISH AND INSTALL PETROMAT AT 7"-W -fW© &et)f -j PER SF 22 ONE & ONE-HALF NCH OV RLAY l 2,629 AT h i%�e • Our d ar ct PER TON 23 Ccn 23 ADJUST WATER VALVES /� r AT -three i1ndf-td T -T" l y C/,rlh,-J�ER EA. ��dd � a r 24 25 ADJUST MANHOLES AT ••f /7k-le h yi)clryc4 cjcijarSPER EA. co 91 ,.75Q• t6 25 52 PREPARE PRE & POST -CON TRUCTION CORNER RECORD AND AT-`%%ree ht;OC teed f c* PER EA. `�.?�� j caC � ��� � � 26 ! VIC W <J%/Cl -4'6 The award of contract will be determined by the base bid ital Amount Bid in Figures: $ d 63 /30°-�S ital Amount Bid in Words cvf IM111017 e(*JhLJ ei h4 fne+'3anel ter e (IndY-e �! "f ,1' 41 rS e4n c/ i F Vt c-C yl+,S C-2s MSC ® 455 (Alternate) Project Bid Schedule ®akgrove, Esta, Pratt, Ivory ITEM APPROXIMATE '- � ^ UNIT. xF k QUANTITY:,, ,> ! ,,,ITEM WITH„UNIT PRICES:WRITT,EN IN;WORDS� . ,. PRICE TOTAL, 44 REMOVE/DISPOSE OF PARKWAY THE AT ` i %- �fIGIl`e� .h-r NrU! PER j '4 (C,'3C)0 t 1 I' O EA. 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) &�i ._ G t�c�//Gi'S Ql)d 'S-t!! PER SF �f %5 - ,4- Q 07 3 15,110 PARKWAY EXCAVATION AT ,j-eVZ� C. �-Ck7)4S PER SF 70 '4i 01577C� 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY AT Ot?-e '-�"% Wq 7ef PER EA. 41 li(;p11."3 4 c- 011eIV& 48 REMOVE/REP ACE WATER METER BOX S 5 AT f�reP �h(.�/�G�G`� PER EA. 1 u,.. 3,022 REMOVE/DISPOSE OF QQRB AND GUTTER(CURB RAMPS INCL.) AT %%�� d0 fi71S 44 Q� ��ii ck. �q 7 6 PER LF �G48 3,022 REMOVE/DISPO FF,, OF ASPHALT CON RETE (Gutter Slot) /ql' 75 p�U " , 7 AT (� C%G �eVe�'! %IfC,�'enf*ER LF J/ 8,330 REMOVE/DISPOSE OF P.C. DRIVEWAY AT-&We*14�5_ -I�Wt� e' A - ye- PER SF �J 1 8 7 a REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) AT 4i..JJM-f/n0e cellal-5 PER �•2)q 11 LF 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) qT J�°x Glfd#6y:S -11?4 -AAJ0 k1 PER SF > 27 _ 12 f'F lY 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT f)V C �%l4r5 `l") p � -00 13 PER SF 114 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard Plan 109) 149o.00 14 AT J-) /Ijej/ cJG%/qr5 PER TON 6 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) AT p fih�G+s4nCl CiCll YS PER p j2ra�.tU 15 EA. j CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF 49 FURNISH/INSTALL R.00T BARRIER (2) E H LOCATION (per AT �� l�?U/aU/edj'y gIGGYS PER 18 Lot. 49 PLACE NEW PARKWAY TOP SOIL AND RESEED AT 01H �%/dr-e �� 'l �� PER EA. �7 °r'1� � � 60 19 C-2s MSC a 455 (Alternate) Project Bid Schedule ®akgrove, Esta, Pratt, Ivory TEM a � .. APPROXIMATEh �- k},; �, s UNIT fY � Y ,ITEM, WITH UN,IT�PRICES�WRITTEN IN WORDS, FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 49 Plan 714) -1 -+ VC dcllQr� �Cy h 4`a�"7�7 lZPLl -ty-�Yrl-1 PER EA. C<) 2.7S c c 20 AT � 13,365 COLD PLANE ��"� `� •-fye cti1�"S PER SF ° m2 21 AT FURNISH AND INSTALL PETROMAT + iV 34,200 AT PER SF , /�,� 22 ONE & ONE-HALF I C OVERLAY In%f 308 AT /} IC c. OAgItS PER TON # . .00 23 �� �s ✓ `� " 4 ADJUSI WATEIJ VALVES AT 4-:1 Vt hlundreq co/jorS PER EA. ®C1 al 24 ADJUST VANHOL PtinejteCl `06 3 AT V d0lk4l)S, PER EA. 500'R� 25 7 PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND AT /1%PP !2L`hdt-tel PER EA. 1; Ct1 27S 26 VC 0" ►- 5 . ° otal Amount Bid in Figures: $ L-f d • 73 otal Amount Bid in Words: -S f=aUi vrlcl rez; . S e to Sly n v/Lri Sr-vt y 0c//ars ei 0--- ,5c %,e>7 fy f;v< Ce C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class fsm`fh J676- / 'i - m9iei6�� A-nqD7 80 � dos L—n9; n err7 2201 -E Jew Si hc1% hi Zl,' ��:2-7.�/I 614 Ai. �� Xf� SawSW e 1- C1 z'?6e L S `1 I I -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 DID State of California ss. County of Orange jo h n 5o (i') 0 , being first duly sworn, deposes and says AA1iat he or is �G rr•,-en f of Ga GonG(e-K- c-4tVcE4 t ie 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. Conc� yucfj*oq, -Tr7C- I %-, 1-"l cono-ple Name of Bidder Sign i ure of Bidder Address of Bidder C� gv�0 Subscribed and sworn to before me this C day of , 20 C-1 . CQ R NN EY BROOK GULICK Commission # 1712023 Notary Public California z. = Los Angeles County NOTARY PUBLIC Ok0t)k C t/ , K nnycomm• oec21,2o10 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: cj G one iT+-e cAcnArL14w, Inc. Contractor - 1-1k- �___ By Title 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 VO"N0 If the answer is yes, explain the circumstances in the space provided. IBM 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. Date: j concrete- con3f rLc -n,Tn Contractor By Title 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: c.) GonG`e-fe cGn6jruc*on,.Tnc:, Contractor By I resod -en+ 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: c;j concre+e construction, Inc. Bidder Name 1149 Snoew)a W -AVP-- Business Address ,antct -fie 5pri(nG C01 GtG(P70 City, State Zip (5u ,.i-)-7-7'1- Telephone Number ;L0 G V-8G A State Contractor's License No. and Class a-L-4-v-9- Gto Original Date Issued GL4. -';O'- ,2u1C) Expiration Date The work site was inspected by *C/ Cr -A(eil o' oour office on 1"0-*'Ch25- , 20 d'7 The following are persons, firms, and corporations having a principal interest in this proposal: CT GOnCM-4e Gn S ruC-11,6 1, .in G - J1 Oho C- . bwo - Pir iden-J- -9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. a (,oncreie cons -hoc --ion, Jn L- Company Name I Signature of John C 1 Arno Printed or Typed Signature Subscribed and swornto before me this day of �r�-�"� , 200q . COURTNEy BROOK GULICK Commission # 1712023 a llotary Public - Caiifornla:Los Angeles County NOTARY PUBLIC�(�(� �/�� (,lili,,•EVi,esoec21,2oto 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: 2. 3 • c4 S-e �e-p %i-'al Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 CJ Concrete Construction, Inc. 10142 Shoemaker Avenue • Santa Fe Springs, CA 90670 s Phone (562) 777-2222 • Fax (562) 777-2222 Citywide Sidewalk, Curb and Gutter Repairs in the City of Cerritos City of Cerritos 18125 Bloomfield Avenue Cerritos, Ca 90703-2130 (562) 860-0311 Mary Anne Wozniak Started 05/19/06 Completed 10/27/06 Final contract price $637,703.00 Installation & Repair Concrete PK0001-4 (Year 3 of 3 year contract) City of Ontario 1425 S. Bon View Ave. Ontario, Ca 91761-4406 (909) 395-2624 Dale Adcock Completed 4-14-03 Final contract price $825,000.00 with change orders original contract price $696,578.00 2004/2005 Annual Concrete Repair Project City of Arcadia 240 Huntington Dr. Arcadia, CA 91107 (626) 256-6552 Mark RVnkiewicz Started 01/30/04 Completed 05/31/05 Final contract price $240,119.00 with change order, original contract price $185,780.25 Remove/Replace curb, gutter, and sidewalks on various city streets City of La Palma 7822 Walker St. La Palma, CA 90623-1771 (714) 690-3312 Dave Gaudio Started 10/14/05 Completed 10/1/06 Final contract price $74,957.02 with change order, original contract pricec $59, 201.00 CJ Concrete Construction, Inc 10142 Shoemaker Avenue o Santa Fe Springs, CA 90670 o Phone (562) 777-2222 • Fax (562) 777-2220 Curb/Gutter and Sidewalk Reconstruction Project No. 4474 City of Fullerton 303 W Commonwealth Avenue Fullerton, CA 92832-1775 (714) 738-6875 Karen Kobeyashi Completed 5-13-06 Final contract price $338,934.00 with change orders, original contract price $275,060.00 1219 Sidewalk Repair Project City of Burbank 275 E. Olive Ave. Burbank, Ca 91510-6459 John Molinar (818) 238-3919 Started 4-30-2007 Completed 8/07 Final contract price $892,000.00 ADA Bus Stop Modifications Phase 3, Package 1 Orange County Transportation Authority P 0 Box 14184 Orange, Ca 92863-1584 Started 9-7-05, completed 2-28-05 Final contract price $300,368.00 with change orders, original contract price $282,765.00 George Saba (714) 560-5432 Landscape Construction/Maintenance for Pacific Electric Right of Way C-0872 Orange County Transportation Authority P 0 Box 14184 Orange, Ca 92863-1584 Started 6/09/03 3 year maintenance Final contract price $1,059,852.00 with change orders, original contract price $960,000.00 George Saba (714) 560-5432 Cj Concrete Construction, Inc. 10142 Shoemaker Avenue • Santa Fe Springs, CA 90670 • Phone (562) 777-2222 Y Fax (562) 777-2220 Irvine Avenue Sidewalk Maintenance C-3175 City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663-3884 Started 9-26-05 Maintenance to June 1, 2006 Final contract price $222,011.00 with change orders, original contract price $202,250.00 Rob Masters (949) 644-3312 Bonding Agent - Dwight Reilly Crosby Insurance Co. P 0 Box 31150 Anaheim, Ca 92809 (909) 920-5811 Surety Co. First National Insurance Co. 2677 N. Main St. #600 Santa Ana, Ca 92705 (714) 437-3744 insurance Agents Crosby Insurance Co. P O Box 31150 Anaheim, CA 92809 (909) 920-5811 4333 Brooklyn Avenue N.E. aloe, W A 78 1 VJ BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, C.J. CONCRETE CONSTRUCTION, INC. as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of 120 VANTIS, ALISO VIEJO, CA 92656 , a corporation duly organized under the laws of the State of Washington , as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of TEN PERCENT OF THE TOTAL AMOUNT BI as Obligee, hereinafter called the Obligee, Dollars (S 10% -------------------------------- ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS 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 25TH day of Witness Witness MARCH M C.J. CONCRETE CONSTRUCTION, INC. (Seal) Principal r Title FIR 3T NATIONAL INSURANCE COMPANY OF AM RICA { By�— DWIGHT REILLY Attorney -in -Fact S-0054/FNEF 7/98 0 Registered trademark of SAFECO Corporation. State of California County of ORANGE On MARCH 25, 2009 ACKNOWLEDGMENT before me, SUSAN PUGH, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(x) whose name(R) is/ape subscribed to the within instrument and acknowledged to me that hetAX01)(W executed the same in his/I "Xk authorized capacity , and that by his/hO(OMX signature(A) on the instrument the person(, or the entity upon behalf of which the person(,R) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SUSAN PUGH - ---- QOSUSAN PUGH Commission # 1734680 Notary Public - CaliforniazzOrange County MY Comm. Fxires Mar 28, 2011 LiC'-"' POWER First National Insurance Company of America 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9551 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint J. DUECK; DWIGHT REILLY; Anaheim, California************************* its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 st day of March , 2009 Dx*� i Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/DF 3109 this 25TH SEAL g 1928 41 `OP WAs�� �• •% day of MARCH P, A Akj I Dexter R. Legg, Secretary 2009 WEB PDF CALIFORNIAAACKNOWLEDGMENT 1.'��.�'\C�.-'�.'.�'1�.--�.'S�C���� tis?S�t�S�,.1.'.,ic�.'.��Mz�. c,<,�a,.��3.�' ,: a.�Y' �C�Z.���,•!v�.;a. Stiw�. a.S!' a�Sti�S..�.vr�Z,Sa�.• �a �L-: <a State of California County of 2tmelej, On " a115 . 6_8 before me, C 1tMW�4(Orvak C-71/I 0<, Date � Here Insert Name and TN of the Officer T /1 personally appeared COUR1NEY BROOK GUUCK Commlaston # 1712023 Notary Public - California Los Angeles County MVCorrm. BpkesDec21, 2010 Place Notary Seal Above avn& who proved to me on the basis of satisfactory evidence to be the person,*whose name is/.am subscribed to the within instrument and acknowledged to me that he/>g/0ey_executed the same in his/ Ctlaa@-authorized capacityW, and that by his/ .signatureN on the instrument the person), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur k Ol f 'c Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: lb, d V C � r Document Date: J' ,5-" ©/ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /l�Yl0 C ❑ Individual] L X Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • ❑ Attorney in Fact Top of thumb here ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER' Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www,NationalNotary.org Item n5907 Reorder: Call Toll -Free 1-800-876-6827 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 M. S. Construction Management Group 32545 B Golden Lantern #475 Dana Point, CA 92629 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citie-gb 4j4p/clsW;ftirtt&M6i g64 &,cNew Zealand (Telephone: 714-536-5227 ) M.S. Construction Mgmnt. grmp 32545 B Go(den Lan tem #475 Dana Point, 01.99 2009 F. A R t% SECTION C PROPOSAL, for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT 4 455 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 Two Hundred Twenty (220) 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. 11 C-1 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 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. T" Accompanying this proposal of bid, findOiJ�i��s in the amount of $ /o which said amount is not less than 10% of the aggregate of the total bid price, as require 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 MSC - 455 Project Bid Schedule ITEM APPROXIMATE �yr °°. „ NO QUANTITY; ,. F ,3 .ITEM UVITH, UNIT_PRIlt ", ITTEN.IN 237 REMOVE/DISPOSE OF PARKWAY TREES AT c � PER EA. ��D. �� /tf?,6,3Y 3=-J 1 c5,• :� 89,654 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) �s �N�i%Zf1, JU 2 AT PER SF /,�'' 3 137,190 PARKWAY EXCAVATION AT PER SF 144 REMOVE/REPLACE IRRIGATION SYSTEM I� PARKWAY 3 4 AT 405 i % j/G PER EA. 262 REMOVE/REPLACE WATER METER BOXES AT 5 L4V PER EA. 27,438 REMOVE/DISP SE OF CURB AND GUTTER(CURB RAMPS INCL.) AT —f 6 G'� PER LF 27,438 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) AT ��s-1���f , PER LF j. J _ �Jd -� 7 �., _� ,Vo 49 ,395 REMOVE/DISPOSE OF .C.C. DRIVEWAY AT �/',z. 2b�//ln PER SF 1• G� g 16,128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT ��-. PER 9 ,�L /Z ,�i�- y SF 42,579 REMOVE/DISPOSE OF SPANDRAL 10 AT ,�.. ,!� �� f �.� PER SF 27,438 CONSTRUCT C.C. CURB AND GUTTER (per Standard Plan 202) AT ^l' �p PER LF 11 49,395 CONSTRUCT .C.C. DRIVEWAY (per Standard Plan 209) AT �lG �� PER SF �Vo2y 2 %3t�,`i 12 89,654 CONSTRUCT P.C.C. SIDE ALK (per Standard Plan 207) i, AT PER 3,677 330 13 f4� SF 3—? 0, CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 14 1,029 Plan 109) AT �/`✓U %%7 I PER TON 2-91-' 026i 061 71 CONSTRUCT WHEEL CHAIR RAMP (peLBtand rd Plan RSP A88A) AT r`✓s %fYi� / %A� PER EA. �i6 6 I y li 3 15 �`. 16 42,579 CONSTRUCTSPANDRAL (per Standard Ian 205) AT .L�a� PER SF �,�07�2�J�.3� 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 1, 2-1 _ ASQ17 3 PER SF 346 FURfN1 H/INSTALL ROOT BARRIER (2) EACH LOCATION (per `/ g ' `j -7 j/�j Z, C 18 AT �Y✓D ,[ i2d � �G' PER Lot. 333 PLACE (VEW PARKWAY TOP SOIL AND RESEED • a.�„ ,. 19 _ AT i1 - °" . EA. i11R i C-2s MSC - 455 Project Bid Schedule ITEMWITH UNIT._PRICES';:WRITTEN_INWORDS, FURNISH, EXCAVAT & PLANT 15 AL� TREE (per Standard Nu"` � SF�r�^��F la-7&j 333 Plan 714 ,o"� a J 20 � > �� AT ��`' �✓ �$ER EA. Ie 115,345 COLD PLANE L2,C ?1 AT d✓� _ C , PER SF / 1 FURNISH AND INS ALL PETROMAT 292,080 AT q'/y/,Q��'-7"//2r� Cc���s PER SF .33 c� / o� ?2 2,629 ONE & ONE-HALF INCH _OVERLAY AT Wv f�!'�-_/=iyc� PER TON /V 3K, 9/, o.�E vt�AQ . ?3 ADJUSIOATER VALVES 23 AT PER EA. � �� ?4 25 ADJUST MANHOLES AT J �/,? ` V'5;-" .PER EA. �3� ;�3� 3 7 >5 52 PREPARE PRE & POST-CONSTRUC ION CORNER RECORD AND AT ~. PER EA. 16 5 0 , ,6 The award of contract will be determined by the base bid :al Amount Bid in Figures: IS 3, ';z ZS '722 al Amount Bid in Words: �'y,2F� aiictiv.✓ SFdc.� /�'v��✓�.e64-7�v�•�Ts Twi^/�Y _ T�✓vc LA/Z S 7? - - - � Jv C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory NO ' y;, QUANTITY: x.__._ I r _;rTEM WITH UNIT CE PRISAWRITTEN,INW,ORDS , '."#.... PRICE„ " �, TTMOTAL 44 REMOVE/DISPOSE OF PARKWAY TREES . 1 ATSN yu �,PER EA. 2,% REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 8,756 PER SF 's �7 vo PARKWAY EXCAVATION 3 15,110 AT PER SF ,'� I�j ? C)3,6> 24 REMOV�E EPLACE IRRIGA IQN SYSTEM IN PARKWAY AT �`/� 9/ 2 P 4 / /`rd PER EA. r v 48 REMOVE/REPLACC[E,�WATER METER BOXES �I �`(/ �� 5 AT SL' ✓C/✓ / l ����✓�' PER EA. REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 3,022 AT Oy % PER LF _ 7 3,022 REMOVE/DISPOSE OF ASPHALT COIN-ORETE (Gutter Slot) AT %�j,12r� e —4w1g4 Gov PER LF REMOVE/DISPOSE O C. DRIVEWAY 8,330 � O.tJ� `' PER SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF -- - REMOVE/DISPOSE OF SPANDRAL —. 10 AT PER SF 3,022 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) AT �it/,Ci►�`l,(-10 �2.2-i`Q v 11 j PER LF �'ir3 8,330 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT 12 /C� �� PER SF 5 .D CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 8,756 AT ���EC oo PER SF 3 i O _ 5 Aj 4J 1 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 14 114 Plan 109) AT A/,,r• 4/ �✓,✓� PER TON S / 2-31 7g)-i CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 6 AT:ZA' aYZ/.Wr� A±l - rWER EA. CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF — - CONSTRUCT CROSS GUTTER (per Standard Plan 205) t- _- 17 AT PER SF 49 FURNISH/INSTALL ROOT BAR ER (2) EACH LOCATION (per 1 18 AT �i S I� PER Lot. d20(,j l0/�Z� 49 PLACE NEW PARKWAY TOP SOIL AND RESEED AT / J Z 19 P R EA. C-2s MSC - 455 (Alternate) Project Bad Schedule Oakgrove, Esta, Pratt, Ivory TEM APPROXIMATE F' t �� s � ` ` � r UNIT " NO _ QUANTITY �. = ITEM>,WITH UNIT, PRICE$sWRITTEN IN WORDS, { . �, ,, P E „RTC., s, _ T AL ,OT y_ FURNISH, EXCAVATE & PLANT,? GPI L�ONg T� ,EE (per Standard iW14,0 2E SCdt 49 Plan 71 0�� 20 AT !� J a. EA. ✓� 13,365 COLD PLANE e 2D 13'S(10 21 AT PER SF FURNISH AND I STALL PETROMAT 34,200 AT ?"y//27Y.7����� C9�L�S PER SF , 33 22 ONE & ONE-HALF INCH OVERLAY 308 ATo.fFyy�✓J�¢�j� fsfQT�-/!/c PER TON 23 ADJUST WATER VAL ES 4 AT Al,,' % PER EA. _ 24 3 ADJUST MANHOLES / AT �/�i/ Z a �J i� PER EA. � � 21 25 7 PREPARE PRE & POST -CON TRUCTI CORNER RECORD AND AT / y'�; PER EA. v 26 1f >tal Amount Bid in Figures: $ 3-43 9123, 0 rtal Amount Bid in Words: wwx10 -E,p Sc ✓✓%✓Tl -7121'2eE ��' 5A�✓� �ii do �y��Y1 i� 7'24- C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion o Work Name and Address of Subcontractor State License Number Class 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 being first duly sworn, deposes and sa s that he or she is '77 of /�%Q /I�a�'9%mL lye e 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 Address of Bidder Subscribed and sworn to before me this 254'\day of rrlare)r, , 20 3- o, COMM #1617668 z a No:,,ry Public • California x Z vr,::ye County o NOTARY PUBLIC M Comm. Expires Nov. -1, 2009 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. _ • . Date - �r.-, �. - ;;�•: ,� t,. Title C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } SS COUNTY OF Orange On 3/25/09 before me, Hedieh Sabet personally appeared Mike Saghafi NAME(S) OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their H. SABET signature(s) on the instrument the person(s), or the entity upon behalf of o C' )MM. #1617668 z which the person(s) acted, executed the instrument. Of r . Y Public . California oA z Orange County WITNESS my hand and official seal. M Comm. Expires Nov. 11,20W SIGNATURE OF o4dTA 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 INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED or GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Non -Collusion Affidavit TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 3/25/09 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? U Yes 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. Date: �� D Title 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 f By �`/-,�/ Title Date: 7 2J /0 4 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 Business Address s� City, State Zip .40) 91 Telephone Number 7,2 / :2 63 A State Contractor's License No. and Class M`�/ Original Date Issued Expiration Date The work site was inspected by our office on -3 Z 3 , 2009 The following are persons, firms, and corporations having a principal interest in this proposal: 14. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. I-,"/' Company Name / l%. ignature of illidder Printed or Typed Signature Subscribed and sworn to before me this achy of NOC , 2001 . NOTARY PUBLIC R. SABET + I COMM. #1617668 z CK Notary Public - California a7 r Of County Comm. Ex ices Nova f 2009 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 0 3 Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 M.S. CONSTRUCTION MGHNT. GROUP "List OL Projects under construction " As of 1115109 1. Riverside Parking Structure #1 &2 Repair, Inprovements and Facade Replacement Owner: Project description: Contract Duration: Completion Date: Contract Amount: Contact Person: Cily of Riverside, Dept Of Public Works Repair, Inprovements, and Fagade Replacement of Two existing Parking Structures 180 days 75% Completed $4,162,000 Mr. Sean Gill (951)826-5892 3. Crestline Sanitation District office expenasion and modernization Owner: , Coun1y of San Bernardino, Special District Office Project description: Construction of a new two story prefabricated steel building, and renovation of the existing building Contract Duration: 190 days Completion Date: 80% Completed Contract Amount: $1,605,000 Contact Person: Mr.. James Oravets (909)387-5940 "List o, f ' PMects Co aX�leted ►' 1. Ontario Quiet Home Project — Group 6.2 Owner: City of Ontario, Housing_ Department Project description: Sound insulation of 58 single family homes Contract Duration: 260 days Completion Date: May 30, 2008 Contract Amount: $1,771,252 Contact Person: Mr. Sigfrido Rivers (909)395-2291 2. Riverside Drive Storm Drain Project Owner: City Of Chino Dept Of Public Works Project description: Installation of 72" to 84" storm drain system Contract Duration: 180 days Completion Date: April 30, 2007 Contract Amount: $3,293,800 Contact Person: Ms. Imani (909)464-8367 "List of Pro as Completed" Continued 3. Construction of La Sierra Ave. Owner: Project description: Contract Duration: Completion Date: Contract Amount: Contact Person: 4. Chino Transit Center Page 2 County Of Riverside. Dent. of Transportation Road widening project 190 days September 7, 2006 $3,400,000 Mr. George Boyden (951)961-673 5 Owner: City Of Chino. Dept Of Transportation Project description: Road construction, storm drains, & Bus shelters, and water fountain features Contract Duration: 190 days Completion Date: Jan. 2005 Contract Amount: $2,964,000 Contact Person: Mr. Jose Alire (909)464-8307 5. Villegas GXm Expansion Owner. City Of Riverside, Dept. of Park & Rec. Project description: Expansion of existing Gym Contract Duration: 190 days Completion Date: April 2005 Contract Amount: $1,190,000 Contact Person: Mr. Adrew Emery (951)826-2021 6. San Bernardino City Unified School District kitchen remodel Group 1, 2, & 3 Owner: San Bernardino City Unified School District Project description: Kitchen remodel Group 1, 2, & 3 Contract Duration: 240 days Completion Date: March 2002 Contract Amount: $3,200,000 Contact Person: Mr. Dave Stevenson (909)381-1238 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we M.S. Construction Management Group 32545 B Golden Lantern #475 Dana Point, CA 92629 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 21688 Gateway Center Dr. Diamond Bar, CA 91765 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Bond No. T-199 Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Reconstruction of Various Residential Streets - Maintenance Service Contract No. 455 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. /J Signed and sealed this 23rd day of March, 2009 (Seal) (Witness) (Seal) (Witness) Daniel Huckabay, (1506)_Attorney-in-Fact AIA DOCUMENT A310 • BID BOND . AIA ® . FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., UUASHINGTON D.C. 20006 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 3/23/09 before me, Arturo Ayala, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Daniel H � A.3�k IT ARTURO AYALA COMM. #1636549� Ll NOTARY PUBLIC-CALIFORNIA[, � ORANGE COUNTY MY CWiJ. EXP. JAN. 10, 2010 Name(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand an cial Signature Place Notary Seal Above ignature 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: 3 / 23 / 0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General 1Z Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. T-199 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217860 Certificate No. 001242258 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ralph Eidem Jr., Daniel Huckabay, and Arturo Ayala of the City of Orange , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seats to be hereto affixed, this day of October 2006 I Oth Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company D�su� � SURET o• Eixc 5° a o r.N �M,r 'PY �Nsvq,., Jp�tr aN s N,nw �4 Y jf iW: kOPOH ATE. n? f I �b n WCDRPORAtED $ � TrK. 6r' ! �: • , m S � rm,_\\ 19'/ 11i 1 w CONN. II�CONN. £ ir+ 1896 a„ �._SE AL,of '-�.SEAL'aa �, o . 1`�MANNa_ State of Connecticut City of Hartford ss. Bv: — A:�:�� Georg V Thompson, t. r ice President On this the _ IOth day of October 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St_ Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•TET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. u� Y} Marie C. Toneault. Notary Public Cam'$ 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Orange On 3/25/09 } SS before me, Hedieh Sabet personally appeared Mike Saghafi NAME(S) OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ff• �� signature(s) on the instrument the person(s), or the entity upon behalf of COMM. #1617668 z which the person(s) acted, executed the instru nt. Notary Public • California Q 2 Orange County#, WITNESS my hand and official seal. Conm+. fx yes AtoY. 2f104 . SIGNATURE O NOT 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 INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED or GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S(OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 1: • : 11. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 3/25/09 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 Palp, Inc. dba Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citi6. of fAoJJ icIi ,�/retYM6i4 r,%cNew Zealand ( Telephone: 714-536-5227) PALL, INC. OBA EXCEL PAVING COMA 2230 LEMON AVENUE LONG BEACH, CA 90806 C7% C N "Will 1:111- URRMI SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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-I If awarded the Contract, the undersigned agrees that in the event of' the BIDDER'S default in eNecutinu the required contract and filing the necessary bonds and insurance certificates Nvithin 10 working days after the date oi' 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 BID" Accompanying this proposal of bid, find P Vb _ in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 'MSC - 455 Project Bid Schedule ITEM - : APPROXIMATE UNIT NO QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 237 REMOVE/DISPO'SL'E OF PARKWAY TREES 1 AT 6fr(-r f�y�AYM ()1u�w.► PER EA. O— 315 SW— 89,654 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 AT Tl-f;Ti -FpJL G A-A--f PER SF 06 137,190 PARKWAY EXCAVATION AT rbOa - CLj-. S PER SF 3 REMOVE/REPLA E IRRIGATION SYSTEM IN PARKWAY 4 144 AT f�M A0 Wytft PER EA. 800— q3 _ 262 REMOVE/REPLACE WATER BOXES 5 pMETER AT_" PNWY-W jW [ A� PER EA. 27,438 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) ' �✓ �✓ 6 AT PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 27,438 AT wk- vtQ,• Qdt PER LF 0 49,395 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 10 8 AT Goa PER SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER aJ 16,128 PER SF 42,579 REMOVE/DISPOSE OF SPANDRAL 1 qp �� T 10 AT rW k1d, CQ PER SF 1eo a CONSTRUCT P.C.C. CURB AN GUTTER (per Standard Plan 202) 11 27,438 AT PER LF 140 tap 49,395 CON T .C. TRU C. DRIVEWAY (per Standard Plan 209) 12 AT ly— PER SF 3 89,654 CONSTRUCT P.C.C. SIDEWAL (per Standard Plan 207)13 q. PER 6d O AT f SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 PlaATnO('�V PER TON 14 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 71 ATI= ( PER EA. Lim— -161100� CONSTRUCT SPANDRAL (per Standard Plan 205) 16 42,579 AT PER SF 16,128 CONSTRUCT CROSS GUTTER (per t dard Pla 205) 17 AT PER SF lo,� ' �, — 346 FURNISH/ NST LL ROO B R E ( ACH LOCATION (per t�J 18 AT lJ• PER Lot. lob PLACE NEW PARKWAY TOP SOIL AND RESEED 19 333 AT .e` PER EA. 3e0_, C-2s CEM APPROXIMATE UNIT VO. QUANTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 333 Plan 714) 20 .14 AT PER EA. 21 115,345 COLD PLANE p�� AT d"i1L C PER SF FURNISH AND IN ALL PETROMAT 292,080 AT -.�� �_Q�,�jj PER SF � `3 /�j q0 31 22 "lI a ONE & ONE- A INCH ERLAY 2,629 AT PER TON t (405OL , 23 � ADJUST WATER VALV S 24 23 AT vZ.i PER EA. ADJUST MANHO ES 25 AT PER EA. V 25 PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 52 AT (C4 PER EA. 26Q tal Amount Bid in Figures: tal Amount Bid in Words: The award of contract will be determined by the base bid C-2s MSC - 455 (Alternate) Project Sid Schedule Oakgrove, Esta, Pratt, Ivory :ITEM APPROXIMATE UNIT NO. QUANTITY=-; ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 44 REMOVE/DISPOSE OF PARKWAY TREES 1 AT HVA&U PER EA. 1800, -7 8,756 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 AT PjVJL PER SF sq �— 15,110 PARKWA E CA>TION ( PER f 3 AT SF , `� �% REMOVE/REPf ACE IR IGATIO SYSTEM IN PARKWAY 4 24 AT (' PER EA. 30o_'7 ZOO ` 48 REMOVE/REPLACE WATER METER BOXES 150 5 AT01AQ W Rt kw PER EA. ps, 3,022 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6% 6 AT PER LF 0s e 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) AT &� PER LF ;S '' 110 7 to ��e 8,330 REMOVE/DISPOSE OF P.C. . DRIVEWAY 8 AT A&L &U&e 44 PER SF l REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF CONSTRUCT P.C.C. CURJ3 AND GUTTER (per Standard Plan 202) 11 3,022 AT I AVAA14 PER LF �, �'4,i►( CONSTRUCTP.C.C. DRIVEWAY (per Standard Plan 209) �p 12 8,330 AT e ,� �Khs.� PER SF 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT loQoA PER SF ` 13 0 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 114 Plan 109) 14 / ,, AT H `� 6 PER TON 6 CONSTRUCT WHEEL "AIRA P (per Standard Plan RSP A88A) 15 AT OYU PER EA. CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF FURNISH/INSTALL ROOT BARRIJa R 2) EACH LOCATION (per 18 49 AT (} _ , PER Lot. CA 10b Y' 2,q 1, 49 PLACE NEW PARKWAY TOP SO11, AND RESEED AT PER EA. 19 0 ®r__ C-2s MSC - 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory -EM APPROXIMATE .UNIT JO. QUANTITY,ITEM WITH UNIT PRICES WRITTEN IN WORDS 'PRICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 1� 20 49 Plan 714) nflA AT l— G9 PER EA. . rq3q �`2� 13,365 COLD PLANE 610 21 AT PER SF FURNISH AND INSTALL PETROMAT 34,200 AT C" PER SF �� _ 22 ONE & ONE-HALF INCH OVERLAY 23 308 AT PER TON — ADJUST WATER VALVES 4 AT PER EA. 24 dJkm ADJUST MANHOLES 3 AT '(1AZ 6JK" bjjA �n PER EA. 1AO 25 PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT IWOt l � Qfj PER EA.26 ?,w i )CI a0 tal Amount Bid in Figures: tal Amount Bid in Words: A C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License .Number Class A,fn 1 40 SAQ 6d&Ae Alm tbmA Ca 3SZ. ftT IAA t d5 Ate. ;DI 5LA f �'r (--iviQ,Ke t 114 Q- i. k t S d I -So t � �%AKWS M - q 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 WIT" BID State of California ss. County of Orange being firsvt psi Win, deposes and says that he or she is PprmprrUT of EXCEL PAVING COM 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. Subscribed and sworn to before me this j COMM. #1809758 N Notary Public -California LOS ANGELIr5 COUNTY My Comm, Expims Aug.16, 2012 r NOTARY PUBLIC Name of Bidder Signature of Bidder -PRESIDENT 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder day of MAR 2 6 2009 20 _ 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: CHAR 2 6 2009 my. MAMA EXCEL PAMB COMPANY Contractor c;. = Rwm PRESIDENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5. the Bidder shall complete. under penalty of per Jury, the lollowing 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 dNo 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. Date: MA0 2 6 2009 ,irk Contractor Ca ICE BROWN, PRESIDENT Title 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 Title Date: Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP, INC. OBA EXCEL PAVING COMPANY 0030 LEMON AVENUE Business Address LONG BEACH, CA 90806 City, Telephone State Zip STATE I< . 688659 "N' State Contractor's License No. and Class !) kmk1Og Original Date Issued �1��12oro Expiration Date The work site was inspected by 16i \) kAr of our office on lal , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: 6 RTIS R BRBW(l. Pp lnml a CHIEF OPERATING OFFICER MARCIA S. MILLER, SECRETARY b CHIEF FINANCIAL OFFICER CURTIS P. BROWN III. VICE PRESIDENT C-9 The undersigned is prepared to satisfy the Council of the City of" Huntington Beach of its ability. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ppa I.NCMA grp p p� k�G COMPAW Company Name \" Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this NOTARY PUBLIC day of MAR 2 8 2000 , 200_ C. PHILLIPS *my COMM. #i8O9758 n Notary Public -California ILOS ANi 9L€9 COU" u. Comfil, it�gsAug; te',2Ci2 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: 3EE ATTAC11EI3 1. PA Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 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 CERTIFICATE OF ACKNOWLEDGMENT Mate of California County of Los Ie'; On --MAR, 26 2009 beforeme, C. PHILLIPS, NOTARY PUBLIC - -- ---- — (Here it w name and title of the officer) personally appeared PALP DBA EXCEL PAVING COMPANY 13Y C.P. BROWN, PRESIDENT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he)`4it 6y executed the same in his/ttrt#itMY authorized capacity(ies), and that by his/herdtW signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signature of Public `'�- C. PHILLIPS N r , COMM. #1809758 n = 3 `" n • Notary Public-C€ ll!ornia U) r 7 LOS ANCrkt2S COLiNiY W. My Grunt», r*IMF Awfi, la, 2012 (Now Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document con(inued) Nttmber of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer --iitic) -- --- O Partner(s) ❑ Attorney -in -Fact C1 Trustee(s) O Other 2008 Version CAPA v12 10 07 KX)-873-986> x-,v NolanClasscs corn INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California murr contain verbiage exactly err appear) above in the notary section or a separaie acknowledgment form mart be property completed and attached to that document. The only exception is jf a docwnery is to be recorded onside of Caljforrtia. /n such instances, any alternative acknrrkeigment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that is illegat for a notary in Cal(fornia (i.e. cerfoft the authorised capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State end County information must be the State and County where the document signet(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her conunission followed by a comma and then your tide (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e he/sh dot, it /an ) or circling the correct forms. Failure to correctly indicate this information may, lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otlierwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and dale. •i Indicate the capacity claimed by the signer. If the claimed capecity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary) • Securcly attach this document to the signed dOCUlmenl T-wCEL PAVING COMPANY " A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-584 g FAX (562) 591-74aS C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. PALA iNCEL CPAVWG COMPANY A GENERAL. DdCiDEMNG CONTRACTOR STATE LICENSE NO.688659A DESCRIPTION OF OPERATIONS P.O. 13OX 16405 LONG Bi:AC K CA 90806.5195 _ FAX (562) 591-7465 Excel Paving Company is a general engineering and paving contractor that has been in business for the past 25+ years. The company is a corporation owned by C.P. Brown, Jr. Their operations include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; pipe work; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site improvements, grading, removal, etc., but will subcontract any work which is not specifically within their domain. Occasionally the company will perform work at airports. They may also occasionally perform work in the "THUMS " area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately % mile from the harbor. The company estimates 2006-2007 gross revenues of $86 Million, $60 Million of which is subcontractor and material costs. All work is performed in Southern California, with most in Los Angeles and Orange County. A great deal of work is done for public entities, repairing/widening existing surface streets and roads (75% public entities and 25% private entities); concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work is subcontracted out to other firms. Excel Paving Company also repairs a great number of school yards and parking lots (30%) and usually has a small amount of ongoing work at the Los Angeles, Burbank, and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Marcia S. Miller, being the duly elected and Incumbent Secretary of PALP, Inc., dba Excel Paving Company, a California corporation (the "Corporation'), hereby certifies that the persons named below are, on and as date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Marcia S. Miller Secretary and Chief Financial Officer George McRae Senior Vice President Curtis P. Brown 1I1 Vice President Michele E. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: August 20, 2008 MARCIA S. MILLER, Secretary EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 18405 Long Beach, CA 90806 Telephone:562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: Company Phone Fax Vulcan Materials 323-258-2777 323-254-6102 R.E.H. Trucking 909-591-0871 909-591-0506 Blue Diamond Materials 714-578-9507 714-449-2831 Savala Equipment 800-223-2473 949-552-8597 SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown President Date P.O. BOX 16405- LONG BEACH, CA 90806-5195 (562) 599-5841_ FAX (562) 591-7485 Contact Silvia Arredondo Gina Mendiola Jerry Easterwood Mona Covington Bonding Agent: Rapp Surety Services 23481 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax: (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23` 1 Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Woodit& Office: (949) 553-9800 Fax: (949) 553-0670 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % WORK CONTRACT WORK BACKLOG Job No. PROJECT NAME AMOUNT COMPL. 3843 LAUREL CYN BLVD. LOS ANGELES 807,100 100.0% 4042 TUDOR WEST/UCLA JOBS 2,339,610 100.0% 4093 SAN FERN VLY LA 1,473,973 100.0% 4103 HOWLAND CNL CRT LA 299,925 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 99.9% 2,486 4129 MT. SAC WALNUT 910,385 100.0% 4165 EL TORO RD LK FOREST 11,091,333 99.6% 41,984 4211 VARIOUS LOC LONG BEACH 306.515 99.8% 4232 VALENCIA MESA FULLERTON 930,000 92.8% 66,955 4240 LINCOLN BLVD. CALTRANS 11,970,000 100.0% 4240 CMB QTY/PLAYA VISTA 8,938 0.0% 8,938 4242 CHANDLER/LANKERSHIM LOS ANGELES 5,421,529 100.0% 4245 LINNIE CANAL LOS ANGELES 351,920 100.0% 4247 7TH/710 FRWY LONG BEACH 606,153 99.9% 4266 CENTINELA AVE. LOS ANGELES 2,880,145 100.0% 4282 LOOP & PARK PL. IRVINE 1,112,969 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,601,060 100.0% 4296 GLENDALE BLVD LOS ANGELES 597,309 100.0% 4302 VERMONT AVE. LOS ANGELES 1,392,670 100.0% 4319 REDONDO AVE. LONG BEACH 221,979 100.0% 4324 USC, FIGUEROA & JEFFERSON 1,585,000 100.0% 4328 HIGHLAND AVE. LOS ANGELES 3,582,540 96.0% 142,898 4329 SUNSET BLVD. LOS ANGELES 2,062,587 99.9% 1,291 4330 HARBOR GATEWAY LOS ANGELES 2,722,826 100.0% 4339 VARIOUS LOCATIONS LONG BEACH 1,353,277 100.0% 4340 SLAUSON AVE. CULVER CITY 2,550,397 90.2% 249,935 4348 PH 3-PIER T LONG BEACH 23,552,507 100.0% 2,291 4359 MICHELSON BLVD. IRVINE 2,909,722 99.7% 8,529 4367 GRANADA AVE. LA MIRADA 564,180 100.0% 4370 ALAMEDA ST. LOS ANGELES 3,163,392 90.3% 308,049 4377 PIER E PORT LB 5,295,408 100.0% 4393 JEFFERSON BLVD. PLAYA VISTA 7,938,248 100.0% 4408 HOLLYWOOD WAY BURBANK 23,710 100.0% 4413 VERMONT LOS ANGELES 182,915 100.0% 4415 CASE AVE. LOS ANGELES 186,308 100.0% 4416 STIMSON AVE. LA PUENTE 397,215 100.0% 4417 PROSPECT TUSTIN 938,817 99.6% 3,312 4421 LB TAXIWAY LONG BEACH 59,379 100.0% 4425 FIRST ST-LOS ANGELES 230,000 58.4% 95,597 4427 05-'06 ST. REHAB LAGUNA BCH 3,848,764 100.0% 4434 IMPERIAL HWY DOWNEY 2,427,816 99.7% 8,309 4442 SEPULVEDA BLVD. LA/CC 596,857 100.0% 4443 INGLEWOOD AVE. REDONDO BCH 540,525 100.0% 4448 MARYMOUNT HS 856,482 100.0% „_,c ,,o �.� :12-1d2PA6 Co"Jots Page 1 of 14 1-21--09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 . 12/14/08 Open Jobs 4th. Quarter EST.FINAL % WORK CONTRACT WORK BACKLOG 4452 GLENCOE LOS ANGELES 309,434 100.0% 4454 UCI IRVINE 59,976 100.0% 4458 TAPO CYN SIMI VLY 2,957,391 100.0% 758 4463 SERVICE MOD EL CAMINO COLLEGE 147,800 100.0% 4464 WASHINGTING/GRANDE BNSF 1,122,915 100.0% 4466 FIGUEROA/SEPULVEDA LACO SANI 2,453,930 100.0% 4467 VALLYHEART ST. FRANCIS 135,875 100.0% 4468 LACC LOS ANGELES 6,085 100.0% 4469 HALDEMAN RD. RUSTIC CYN HOA 58,395 100.0% 4470 LATIMER RD. RUSTIC CYN HOA 66,500 100.0% 4480 EAST OLIVE AVE BURBANK 313,656 100.0% 4481 CERRITOS/EL RITO GLENDALE 1,197,605 100.0% 4482 20TH/REDONDO LONG BEACH 408,474 100.0% 4483 BOB HOPE AIRPORT BURBANK 13,177,103 99.3% 91,795 4490 VARIOUS LOC LB TRANSIT 879,832 100.0% 4492 TIERRA REJADA RD MOORPARK 3,167,306 100.0% 4497 CALIFORNIA BLVD. CSI ELECT 14,982 100.0% 4499 CANTARA KAISER FOUND 82,000 21.2% 64,631 4500 CAMPUS/ARTISAN CSI ELECT 4,200 0.0% 4,200 4501 GAGE AVE BELL 25,375 100.0% 4502 GARDEN GROVE SANI 1,967,739 100.0% 4504 BERENDO M.S. TORRES CONST 207,053 100.0% 4505 TOPANGA/VICTORY WESTFIELD 2,520,000 98.9% 27,394 4506 VARIOUS LOC CO OF ORANGE 32,744 99.9% 4507 BRAND BLVD. HATHAWAY 217,460 96.7% 7,193 4508 ALVARDO TRANSIT LACRA 2,140.870 69.0% 663,657 4509 ROSCOE BLVD. KAISER FOUND 100,937 100.0% 4515 GRAND AVE. MT. SAC 224,919 100.0% 4516 TUSTIN & 1ST ST MCCARTHY 233,937 100.0% 4518 NORMANDIE ARB STRUCTURES 94,545 100.0% 4521 ZANE GREY H/S TORRES 75,326 100.0% 4522 BELMONT PLAZA LONG BEACH 427,634 100.0% 4523 BESS/LEORETTA KAISER 251,657 100.0% 4524 VERDUGO/BARRINGTON GLENDALE 577,656 99.9% 4525 TAPER AVE SCH TORRES 108,842 100.0% 4526 LAKEWOOD BLVD. DOWNEY 2,047,150 92.0% 164,456 4527 SUNNY BRAE SCH TORRES 15,345 100.0% 4528 GETTY CENTER HATHAWAY 37,887 100.0% 4529 NORTHRIDGE M/S TORRES 6,542 100.0% 4530 VARIOUS LOCATIONS CULVER CITY 801,667 100.0% 4531 LONG BEACH CALCARTAGE 13,577 100.0% 4532 SAN MIGUEAL E/S TORRES 315,091 100.0% 4534 7TH/CATALINA HENSEL PHELPS 73,954 100.0% 4535 SHENANDOAH E/S LAUSD 744,408 99.8% 1,585 1+-3e-0e svPs 12 14-200e-coen Jobs Page 2 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % CONTRACT WORK 4536 W. 4TH ST BNSF 265,323 100.0% 4538 PERSHING DR CSI ELECT 76,194 100.0% 4541 CAMINO REAL REDONDO BCH 444,555 100.0% 4545 BERTHS 261-267 CONNELLY-PACIFIC 174,979 99.9% 4547 WRIGHT M/S TORRES 99.389 100.0% 4548 NORMANDIE KAISER 58,500 83.7% 4549 RAMIREZ CANYON TORRES 400,836 99.5% 4552 JOHN WAYNE AIRPORT ORANGE CO 1,538,269 90.7% 4553 PACIFIC OCAST HWY DANA POINT 5,792,241 46.6% 4554 BLUFF CREEK FINVEST 91,269 100.0% 4655 VICTORY BLVD. NO. HOLLYWOOD 429,749 100.0% 4557 DACOTAH EARLY ED TORRES 159,273 100.0% 4558 LA PALMA AVE. PENNER 15,895 100.0% 4559 BERTH 302-305 POLA 35,000 3.5% 4561 BESS/LEORITA BALDWIN PARK 15,866 100.0% 4563 NICHOLS/BELSITO BALI CONST 405,647 100.0% 4566 CLEVELAND H/S LAUSD 1,269,712 95.2% 4567 NO HOLLYWOOD ST LACRA 1,143,779 8.5% 4568 NUEVA VISTA ES BELL 206,362 100.0% 4569 MIDWAY/39TH PL LONG BEACH 6,853 100.0% 4571 AVE. 45 HUNTINGTON PARK 76,100 100.0% 4572 VARIOUS LOC LONG BEACH 153,371 37.8% 4573 ATHERTON ST. LONG BEACH 1,322,726 92.3% 4574 SOUTH ERN/GAR FIELD SO GATE 27,300 100.0% 4577 SLAUSON OVERPASS BELL 74,614 100.0% 4578 PACOIMA MS TORRES 13,894 100.0% 4579 KAISER/NORMANDIE KAISER 8,225 100.0% 4580 CAL ST NORTHRIDGE 6,200 100.0% 4581 E.26THST BNSF 296,935 100.0% 4582 ST IMROV INGLEWOOD 548,259 100.0% 4583 OLYMPIC/CENTINELLA SANTA MONICA 1,961,558 98.9% 4584 VARIOUS LOC SANTA ANA 3,636,816 99.9% 4585 VARIOUS LOC WESTLAKE VILLAGE 2,125,397 100.0% 4586 7TH ST. LONG BEACH 1,713,347 99.9% 4587 COLUMBUS E/S PANKOW 225,945 94.6% 4588 EAGLE ROCK HS LAUSD 991,991 92.3% 4590 ROYAL AVE. SIMI VLY 1,791,856 93.6% 4591 LAS BRISAS SIGNAL HILL 142,749 99.5% 4592 MADERA RD. SIMI VLY 711,585 100.0% 4593 LOWELL E/S LBUSD 541,662 100.0% 4594 ALDRICH PARK UCI 907,704 100.0% WORK BACKLOG 9,559 2,001 143,001 3,095,493 33,773 60,824 1,046,619 95,447 102,324 21,525 5,446 927 12,270 76,168 113,798 Page 3 of. 14 1-21-09 11-M-00 W IP$ 12-14-2008 -Open Jobs Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % WORK CONTRACT WORK BACKLOG 4595 MARINA H/S HBUHSD 3,215,000 86.6% 432,035 4596 EMAS SYS BURBANK ARPRT 3,642,247 99.9% 1,957 4597 WILSHIRE/FAIRFAX MATT CONST 1,071,699 46.5% 572,826 4598 CHEVIOT HILLS LOS ANGELES 777,869 54.2% 356,169 4599 VARIOUS SCHOOLS 837,132 100.0% 4600 ANCHORAGE/SHOR RE SCHAFER 7,710 100.0% 4601 SHEILA/INDIANA ELECTRO CONST 8,784 100.0% 4603 INGLEWOOD/CULVER PLAYA CAP 374,797 86.4% 51,113 4604 MADISON E/S REDONDO BEACH US 39,300 100.0% 4605 MWD WATERLINE RUDOLPF/SLET 1,809,170 1.9% 1,774,728 4606 PERRY LINDSEY ACADEMY LBUSD 1,034,834 99.9% 1,516 4607 LACC CHILD DEV CTR CA CONSTR 29,079 71.2% 8,389 4608 TAXIWAI D LON BEACH 816,228 100.0% 4609 JUVENILE HALL ALCORN FENCE 452,834 10.4% 405,839 4610 SEPULVEDA BLVD B & D CONST 8,939 100.0% 4611 USC ST IMPRV USC 1,717,400 34.9% 1,118,308 4612 KAISER VENTURA BLV KAISER PERM 43,997 98.2% 807 4613 STORM DRAIN POL POLB 4,688,404 12.1% 4,119,191 4615 PIER A WEST TUTOR SALIBA 121,706 12.3% 106,720 4616 PIER A WEST TUTDOR SALIBA 327,832 28.1% 235,691 4617 SEPULVEDA BLVD B & D CONST 16,600 91.0% 1,489 4618 FED EX RAMP FEX EX BURB ARPRT 3,493,821 2.8% 3,395,388 4619 SO REGION ES LAUSD 590,518 9.7% 533,215 4620 EAST LA HS TUCKER ENGR 57,000 100.0% 4621 VARIOUS LOC DANA POINT 94,600 17.5% 78,040 4622 D & E YARD CROSSINS LA JUNC RR 44,041 100.0% 4623 CANDLEBERRY AVE SEAL BEACH 1,415,869 1.7% 1,391,826 4624 WASHINGTON/IND BNSF JOJMSPM CONTROLS 74,988 91.6% 6,326 4625 EL PRESIDO LAINE AIRE 13,500 100.0% 4626 VAN NESS BUNTICH 4,850 100.0% 4627 SHEILA ST. ELECTRO 2,698 100.0% 4625 LIMECREST DR. LACPW 228,859 0.7% 227,325 4629 WASHINGTON BLVD PCL CONST 124,000 35.0% 80,638 11J0-o8 WiP6,i.,4-40M -an Jobs Page 4 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % WORK CONTRACT WORK BACKLOG 4630 LAMAR/MAIN ELECTRO 31,900 100.0% 4631 4TH ST. REMPREX 1,420,000 49.4% 719,049 4632 LACMA PH II MATT CONST 352,051 17.6% 290,001 4633 DISNEYLAND BAKERY BALI CONS 16,876 100.0% 4634 RIVERA RD. SPRKLR UNION 27,441 100.0% 4635 JOHN WAYNE AIRPORT BALI CONS 15,536 100.0% 4636 VARIOUS STS ROLLING HILLS EST 178,414 82.3% 31,653 4637 DISNEYLAND TRENCH BALI CONS 9,985 100.0% 4638 DICKSON, ENT,FOSTER COMPTON USD 94,603 1.4% 93,299 4639 VARIOUS INTER BOEING CO. 1,303,476 0.1% 1,301,812 4640 BERTH 73/191 POLA 237,765 0.0% 237,765 4641 PUENTE HILLS LANDFILL LACO SANI 447,645 2.8% 435,270 4642 JAMES WOOD AVE FED OF LABOR 8,388 100.0% 4643 CAMPUS CAP PLAYA VISTA 336,600 1.0% 333,330 4644 MGM DR. HATHAWAY 47,068 57.1% 20,196 4645 USC SCH ARTS HATHAWAY 19,130 19.4% 15,417 4646 CALIFORNIA HATHAWAY 37,426 0.0% 37,426 4647 WOOD AVE. FULLERTON 1,090,322 0.8% 1,081,204 4648 BANDINI BNSF 454,993 0.0% 454,993 11-30-08 WIVS 12-;4-20^8-Open Jots Page 5 of 14 1-21-09 Work Experience August 31, 2008 Excel Paving CO. Closed Jobs 3rd. Quarter 2008 01 /20/09 FINAL CONTRACT JOB NO. PROJECT NAME AMOUNT 3947 TUSTIN AVE., ANAHEIM 4,370,876 3959 SANTA MONICA BLVD., LOS ANGELES 49,757,848 4062 SANTA MONICA/MWD 7,739,622 4164 KENNEDY HS ANAHEIM 1,037,004 4316 MONTROSE AVE. LACPW 2,447,026 4332 SO. BRAND BLVD GLENDALE 2,011,346 4336 VERMONT AVE. GARDENA 1,204,230 4337 MCFADDEN AVE. 1,121,382 4374 WOODRANCH PKWY SIMI VALLEY 1,982,642 4401 NO. MCLAY ST SAN FERNANDO 4,981,426 4414 TOPANGA/VICTORY LOS ANGELES 2,166,954 4420 VERMONT AVE. LOS ANGELES 915,500 4429 RANDALL ST. ORANGE CO. 824,976 4435 NATIONAL BLVD. CAL TRANS 90,524 4440 226TH ST HAWTHORNE 92,155 4451 OVERLAY SANTA CLARITA 5,503,565 4471 ANAHEIM ST. LB TRANSIT 244,032 4474 NO. LOOP RD. HATHAWAY 2,996,158 4479 UNION AVE SNYDER LANGSTON 55,297 4486 BLUFF CREEK DR COUCH & SONS 207,560 4491 WESTFIELD CENTER ARCADIA 29,118 4493 FREEMAN DR. CALABASAS 82,61.9 4495 PORT OF LB RYAN CO. 16,091 4498 VAGABOND STRM DRN MONTEREY PARK 89,325 4514 FOOTHILL BLVD. BERNARDS 81,317 4520 AMBLER AVE SCH TORRES 134,849 4537 26TH ST./VERNON CBRE 52,143 4540 EVEWARD RD. DLSB 47,967 4544 BURBANK AIRPORT BURBANK AIRPORT 16,585 4551 GEPRGE BURNS AVE. WEST HOLLYWOOD 39,219 4556 GARVEY AVE. REYES CONST 38,218 4565 AVE OF STARS HATHAWAY 9,375 4575 DOUGLAS/EL SEGUNDO EL SEGUNDO 4,300 4589 WILSHIRE DR PSOMAS 32,190 4602 CALSTATE HATHAWAY DIN 9,386 4614 LOMITA BLVD ELECTRO CONST 3,486 3r0.,01, 8-31-2008 Wi°S-CloseaJobs Sorted1-202009 Page 6 of 14 1-21-09 Excel Paving CO. 01 /20/09 JOB NO. PROJECT NAME Work Experience May 31, 2008 Closed Jobs 2nd. Quarter 2008 FINAL CONTRACT AMOUNT 4123 ANAHEIM ST LONG BEACH 3,249,006 4365 WEIDLAKE IMPRV LOS ANGELES 465,183 4373 CENTURY PKG LOT E. LOS ANGELES 736,152 4404 UCI IRVINE 22,443 4444 ALLEN AVE. GLENDALE 279,890 4453 ST. IMPRV INGLEWOOD 479,793 4456 EL DORADO HS LAUSD 794,632 4462 VIRGINIA ST. EL SEGUNDO 92,774 4489 ENT PKG LOT BURBANK AIRPORT 380,925 4503 GRANADA HILLS TORRES CONST 50,496 4510 LIGGETT E.S. TORRES CONST 84,479 4513 LEAPWOOD E.S. TORRES CONST 142,331 4519 MOORPARK HIGHLANDS CHAPARRAL 616,202 4533 USC CINEMATIC HATHAWAY 2,134 4539 W. BURBANK LOT BURBANK AIRPORT 63,382 4542 PASEO DEL MAR VAL VERDE 13,374 4546 ORCHARD ST. BELL 19,375 4550 4TH ST. CHLS KING 18,527 4560 ROSCOE BLVD WEST HILLS 2,200 4562 J PAUL GETTY LOS ANGELES 17,079 4564 SPAZIER BURBANK 1,600 4570 LOST E BURBANK AIRPORT 37,158 4576 VARIOUS LOC DANA POINT 94,080 2nd.On 5 31,00 WIPS - Closed Jobs Only - Sorted 1-2G-2009 Page 7 o f 14 1-21-09 Work Experience February 28, 2008 Excel Paving Co. CLOSED JOBS 2007- 2008 07/08/08 JOB SALES NO. PROJECT NAME AMOUNT 3704 TAXIWAY D L.B. AIRPORT 3,720,722 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 377,031 4084 SAND CANYON IRVINE 720,447 4088 ANNUAL RD RESURF DANA POINT 1,490,592 4099 03 ST IMPRV INGLEWOOD 593,520 4144 CASE AVE LA 432,963 4157 YUPLACENTIA FULLERTON 137,338 4176 SILVER LAKE LOS ANGELES 1,317,464 4182 UCLA LOS ANGELES 38,066 4182 UCLA CAMPUS LOS ANGELES 103,828 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 4233 VAN BUREN VLD. CO RIVERSIDE 2,461,429 4237 S/W AREA LAX 4,876,048 4253 S.A. STADIUM SANTA ANA 397,289 4257 MIRAMONTE ES LOS ANGELES 677,111 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 4274 HARBOR BLVD LOS ANGELES 1,249,459 4275 CLAY MS LOS ANGELES 620,819 4281 HILLCREST ES LOS ANGELES 903,237 4306 10TH ST. LONG BEACH 1,192,729 4307 NEWPORT SHORES NEWPORT BEACH 1,584,279 4309 KING MS LOS ANGELES 985,753 4314 PARK PLACE IRVINE 998,231 4314 PARK PL PKG 76,267 4317 BERTHS 226-236 POLA 2,811,047 4334 710 FRWY CALTRANS 700,680 4344 PKG LOT PH 1 RANCHO SANTIAGO CC 896,694 4346 DAMON, CONSTELL OF STARS 202,454 4347 HAMILTON HS LOS ANGELES 603,569 4349 FIRESTONE BLVD. SEPULVEDA DEV 325,075 4353 FOUNTAIN VLY HS HUNT BCH UHSD 1,074,427 4354 LA BREA AVE. WEST HOLLYWOOD 496,890 4361 ORANGE AVE LAWNDALE 209,832 4362 ST. REHAB LEISURE VILLAGE 799,326 4366 ANNUAL ST. ALHAMBRA 651,988 4371 VARIOUS STS REDONDO BCH 960,788 4372 WALNUT ST. SIMI VALLEY 412,988 4380 POINT FERMIN PASCHEN 359,607 4383 VERMONT AVE. KAISER FOUND 117,035 4384 VERMONT AVE KAISER FOUND 182,820 ,asroav F.eI,o-T ocas iu:,_"ms c�.,�e mo, �n a<o�.c rFs s;::ci,�. cra zo;e Page 8 of 14 1-21-09 Work Experience February 28, 2008 Excel Paving Co. CLOSED JOBS 2007- 2008 07/08/08 SALES AMOUNT 4385 VARIOUS STS INGLEWOOD 379,574 4387 PALOS VERDES DR. PV EST 95,060 4394 CLARA ST. CUDAHY 556,434 4395 E. LOOP RD. IRVINE 363,771 4407 ORANGETHORPE BUENA PARK 1,038,513 4412 TRUNK SEWER REHAB CARSON 16,824 4418 PCH WILMINGTIN 22,830 4419 MICHELSON DR. IRVINE 460,419 4424 BNSF-TRACK 114 VERNON 1,108,470 4426 BNSF-SHEILA AVE. COMMERCE 528,245 4430 BNSF-ESPARANZA YORBA LINDA 352,990 4431 HAVEN AVE. RANCHO CUCUMONGA 155,069 4433 TRADE MARK IRVINE 29,025 4436 FULLER/GARNER WEST HOLLYWOOD 235,383 4439 DESOTO CHATSWORTH 9,437 4445 RAYMOND ST. PASADENA 25,155 4446 EASTERN/BANDINI BNSF 73,995 4449 WILLOW LANE WESTMINSTER 132,524 4450 ST. IMPRV LYNWOOD 766,795 4455 MAIN ST. NT2 PRODUCTIONS 2,700 4457 ACCESS RD. LOS ANGELES 499,954 4459 CLARK/SPRING LONG BEACH 70,775 4460 WASHINGTON/IND BNSF 171,668 4461 CDR 233 UPGRADE 374,942 4465 CANTERA ST. KAISER PERM 106,978 4472 BALUHARBOR CHLS KING 16,626 4473 FIRST/BOYLE LOS ANGELES 60,771 4475 6TH/PCH BOVIS 10,886 4476 SLAUSON/VAN NESS MLADEN BUNTICH 23,570 4477 WEST LA COLLEGE LOS ANGELES 186,054 4478 VALLEY BLVD. INDUSTRY 7,900 4484 UNIVERSITY HS TORRES CONST 88,537 4485 FLINTRIDGE HS LA CANADA/FL 1,400 4487 ROSEMEAD/SLAUSON BNSF 96,849 4488 GETTY CENTER GETTY TR 3,020 4494 SPAZIER ENVIRON 25,977 4496 POL SHOOTING LAGUNA BCH 51,837 4511 PIER F-POLB B & D 3,100 4512 L ST-WILLMINGTON BNSF 146,806 4517 18TH ST. SANTA MONICA 15,198 4543 AMELIA AVE. ROYAL ELECT 21,950 11131oR , �F,-A. z.2a-�-,�.s �- vrIPs . ��, ���>s ua a'IQ TIS tea; a I., a.R ­1 Page 9 of 14 1-21-09 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 3716 710 FWY PCH TO 405 21,510,942 3990 OCEAN BLVD LONG BEACH 1,196,229 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 4024 UCLA KINROSS 2,329,669 4045 5 FRWY, OR. CO 180,290 4057 PALO VERDE HSG 611,836 4061 PANKOW BLDRS M.B. 720,917 4064 WALGROVE E.S. L.A. 767,069 4083 HARBOR BLVD FULLERTON 214,172 4098 BLEND E.S LA 273,966 4102 DENA E.S. LA 177,306 4104 MOULTON PKWY CO OF ORANGE 478,612 4106 PIER S BRTH S102-S110 LONG BEACH 4,077,253 4109 VARIOUS STS REDONDO BEACH 761,751 4115 WASHINGTON BLVD CULVER CITY 741,069 4117 VANUYS AIRPORT VAN NUYS 620,336 4120 SOUTHGATE HS LOS ANGELES 681,858 4142 ROSECRANS LAWNDALE 233,216 4143 CALLE MIRAMAR REDONDO BCH 536,987 4156 STERRY E.S. LA 223,520 4160 WARNER ES LA 988,639 4161 ST OVERLAY SIMI VLY 704,970 4168 MARINA DEL REY LA 459,915 4169 CEN PK WEST LA 50,550 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 4175 GLEDHILL ES NO HILLS 506,079 4181 STATE ST ES LAUSD 334,787 4185 WHITTIER/PRESBY WHITTIER 7,400 4186 GETTY TRUST LOS ANGELES 850 4191 HARVARD AVE, IRVINE 329,938 4192 COMPTON/61 ST LOS ANGELES 17,722 4195 NEW JOB SAN CLEMENTE 10,966 4196 MWD/SEARL HEMET 9,109,427 4197 LYNOOD USD LYNWOOD 1,520,919 4198 AGOURA BIKE AGOURA HILLS 1,032,236 4209 PCH/CATALINA LONG BEACH 657,469 4210 GLENDALE BLVD LOS ANGELES 36,630 4212 GLENDORA/HILL LA PUENTE 11,833 H.—'a,b XMieY„sai-xn> -n er-anr Page 10 of 14 1-21-09 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 4213 ALDAMA ST SCH 19,097 4214 PCH/ZUMIREZ MALIBU 453,886 4215 THE TOLEDO LONG BEACH 7,449 4216 REEVES/NAVY PORT OF LB 268,611 4217 KANAN RD/101 FRWY 13,589 4220 SO CENTRAL HS LOS ANGELES 54,026 4222 PKG LOT 6 MONROVIA 406,899 4224 SUNSET BLVD. W. HOLLWOOD 166,602 4227 SEWER REHAB REDONDO BCH 550,196 4229 BLDG 10 & 28 24,697 4230 VARIOUS LOC LOS ANGELES 441,551 4235 VICTORY BLVD. CANOGA PARK 687,374 4243 ANDASOL ES NORTHRIDGE 131,502 4246 SOUTH ST. ANAHEIM 492,994 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 4249 CAL TECH PKG PASADENA 39,406 4250 2 FRWY GLENDALE 13,200 4251 5M FRWY CAL TRANS 188,210 4254 PCH CAL TRANS 1,204,048 4256 GARDENA HS GARDENA 1,009,381 4258 N/E INTER SEWER LOS ANGELES 360,460 4259 LOMA VISTA ES LOS ANGELES 277,404 4261 MULHOLLAND DR. LOS ANGELES 17,598 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 4265 INDIANA/WASH BNSF 15,290 4271 GETTY CENTER DR. CENT. CITY 28,907 4276 GETTY CENTER DR. CENT. CITY 262,399 4277 GETTY CENTER DR. CENT. CITY 4,384 4278 CLARK AVE. LONG BEACH 517,203 4279 41 ST ST. LOS ANGELES 440,218 4280 VIA ROSA/PV BLVD, PV ESTATES 504,157 4284 CENT/LINC CULVER CITY 263,999 4286 WESTERN AVE. TORRANCE 28,640 4287 GRAND AVE. EL SEGUNDO 144,403 4289 LUGO E.S. LYNWOOD 15,435 4291 05-06 St.Maint AGOURA HILLS 831,113 4292 PICO BLVD. LOS ANGELES 67,308 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 4294 5 FRWY MISSION VIEJO 3,359 Page 11 of 14 Hblay F&, 1[YY.. 7 MN 5, 2 7 P &7)-10"!; 1-31-09 Excel Paving Co. JOB Closed Jobs 2006 NO. PROJECT NAME Work Experience May 31, 2007 SALES AMOUNT 4297 VICTORY/TOPNGA LOS ANGELES 606,202 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 4300 PV LANDFILL LA SANI DIST 19,650 4301 MICHELSON IRVINE 201,698 4304 MEDIA STUDIOS BURBANK 18,700 4310 VAIL/CLEVELAND MONTEBELLO 10,790 4311 PLAYA VISTA LOS ANGELES 16,854 4312 INDIANAMASHINGTON BNSF 147,323 4315 190TH/GREENLANE REDONDO BEACH 2,000 4318 RON REAGON FRWY SYLMAR 16,304 4321 SO. EAST HS SOUTH GATE 12,000 4322 E. PCH WILMINGTON 14,216 4325 BLUFF CREEK PLAYA VISTA 50,310 4326 BNSF, IND & WASH COMMERCE 334,616 4327 UNION STATION LOS ANGELES 10,000 4331 OLIVE & LAKE BURBANK 12,876 4333 VINEYARD & SATURN LOS ANGELES 8,545 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 4338 BNSF, WASH & IND NERVON 37,840 4341 FIRE STATION BURBANK 0 4342 MOOG, WESTERN WAY TORRANCE 37,031 4345 3355 EMPIRE BURBANK 79,193 4351 LAX -SO VAULT LOS ANGELES 26,514 4355 HAWTHORNE BLVD TORRANCE 4,000 4356 LAAFB RMA LAND 3,858 4357 PICO BLVD. LOS ANGELEWS 20,400 4363 DUESLER LANE DUESLER ASSOC 36,000 4364 WASHINGTON BLVD. PICO RIVERA 23,265 4375 VAN NUYS BLVD. ARLETA 6,140 4376 OBSERVATORY RD. LOS ANGELES 13,151 4379 E. SOUTH ST. MARKET RECYCLE 1,885 4382 FIGUEROA/JEFF LOS ANGELES 5,995 4386 INDIANA/WASH BNSF 83,456 Page 12 of 14 „.�Fl� '",�, v�,u � _�: _ 6.;;. 1-31-0 9 Excel Paving Co. Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO. PROJECT NAME AMOUNT 3876 PARTHENIA, LA 1,153,774 4067 DEL AMO BLVD LONG BEACH 393,459 4076 JESSE OWENS PK INGLEWOOD 562,447 4077 CHAPMAN/ST COLL FULLERTON 135.411 4112 BELMONT PIER LONG BEACH 479,513 4113 NO LONG BEACH LONG BEACH 1,673,247 4127 UNION STATION LOS ANGELES 429,149 4154 STS & ALLEYS W. HOLLYWOOD 205,131 4177 COLD CANYON LOS ANGELES 481,211 4179 PE BIKE TRAIL UPLAND 2,418,540 4183 CAHUENGA LOS ANGELES 33,205 4189 AVE OF STARS CENT CITY 465,184 4205 DREW MID SCH LOS ANGELES 1,097,527 4206 107TH ST ES LOS ANGELES 400,544 4207 93RD ST ES LOS ANGELES 348,165 4226 MONTANOSO DR. MISSION VIEJO 163,838 4236 THOMAS EDISON MS LAUSD 814,878 4241 BRACKETT ARFLD POMONA 373,977 4252 W. PICO BLVD. LOS ANGELES 518,766 4255 ROMOLAND CALTRANS 200,540 4260 WESTLAKE VILLAGE 958,888 4264 BELLA TERRA MALL HUNT. BCH 3,166,715 4268 RANCHO CUCAMONGA RANCHO CUCAMONG 234,424 4272 CHIQUITA BLDG PORTOF LB 6,922,874 4273 UCLA CAMPUS LOS ANGELES 71,597 4281 PALISADES HS 1,942 4285 MARLTON ES LOS ANGELES 278,427 4305 JEFF/CENTINELLA LOS ANGELES 1,486,623 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 4313 SSA PKG LOT CO ORANGE 189,508 4320 CERRITOS PARK GLENDALE 305,537 4323 6TH & PCH HUNTINGTON BCH 16,092 4350 SHEILA ST. BNSF 256,660 4352 PREV MAINT REDONDO BEACH 254,596 4358 EL MODENA ALLEY ORANGE 97,222 4360 BESS/LEORITA KAISER FOUND 300,107 4368 SCHOOLWOOD DR. LA HABRA 170,908 4369 SHERMAN OAKS CNTR KBR SRV 39,323 4378 E. SLAUSON AVE. MARMOL RADZINER 60,718 4381 E. 7TH ST INTERSCAPE 16,995 4388 H,vt Flip PICO BLVD -, S-J I-2.7-<32'_2C LOS ANGELES 22.255 Page 13 of 14 Excel Paving Co. Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO. PROJECT NAME AMOUNT 4389 UPPER CLOVERLEAF RD MONROVIA 178,395 4390 COLDWATER CYN NO. HOLLYWOOD 10,855 4391 U OF WEST ROSEMEAD 351,139 4392 OLDEN ST. SYLMAR 92,684 4396 BURBANK AIRPORT BURBANK 18,283 4397 DURFEE/MICHAEL HUNT 17,989 4398 DIEMER PLANT MWD 116,205 4399 WARDLOW/CHERRY BOEING 156,900 4400 ELSMERE CARSON 7,780 4402 MOORPARK COLLEGE 91,578 4403 BNSF/WASH VERNON 506,615 4405 HAALAND DR THOU OAKS 148,500 4406 TROY H/S FULLERTON 321,451 4409 MAARKET ST SWR CHLS KING 5,270 4410 LOT A BURBANK ARPRT 47,124 4411 BRAVO BASE REPAIR LOS ANGELES 17,390 4422 PUENTE HILLS LACO SANI 12,500 4423 PIER J-BERTH 247 LONG BEACH 8,200 4428 SIXTH ST. SAN PEDRO 3,200 4432 BURBANK AIRPORT BURBANK 43,500 4441 INDIANA/3RD BNSF 3,900 4447 PIER F LONG BEACH 8,300 I- �)G6.y)7 M,, 6�6YPP-A d-Z;.]D'f Page 14 of 14 1-21-09 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECTNAME: Jefferson Blvd. Widenin PROJECT DESCRIPTION: Street widening, Infrastructure reconstruction, Street lighting, traffic signals, landscape & irrigation, Storm drain impvts, and LOCATION: Jefferson Blvd., Playa Vista, Los Angeles sewer. CONSTRUCTION VALUE: 6 , 306, 687.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: KATZ, OKITSU & ASSOC. PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562) 599-5841 Ext. 239 _ OWNER INFORMATION: NAME: Playa Capitol Company, LLC _ CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECTNAME: Slauson Ave/ SR-90 Impvts. PROJECT DESCRIPTION: On ramp & off ramp widening on SR90, Traffic Mitigation added left turn on Slauson Signalization & Signing & Storm Drain Impvts. LOCATION: Slauson Ave @ SR90 Culver City, Los Angeles CONSTRUCTION VALUE: 2. 136 269 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: KAT7, OKITSU & ASSOC PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562)599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRE$ENTLY UNDER CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING, STORM DRAIN IMPVTS,SEWER, WATER, AND RETAINING WALL. LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $14.455, 152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21 485-4_47_4 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Alameda Street PROJECT DESCRIPTION: Redesign of Arterial Streets and Storm Drain Impvts. LOCATION: Intersection of Alameda Street and N. Spring St Los Angeles CONSTRUCTION VALUE: 3,197,043.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bnh Pace TELEPHONE: 562) 599-5841 Ext. 248 OWNER INFORMATION: NAME: (iry o oG Angeles Board of Public Works _ CONTACT: Raphael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WMCH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Phase 3 Container Yard Expansion Pier T PROJECT DESCRIPTION: Container Yard Parking Lot Expansion, Storm Drain Impvts, Sewer and Water. LOCATION:Pier T, Long Beach, Ca. CONSTRUCTION VALUE: 21,703,834.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHPPECT: Port of Lonv- Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 ext 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: _ Gard, Cardemone TELEPHONE: 562) 590-4172 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSED LM STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION, PROJECT NAME: Pier F. B rthc F24-326 PROJECT DESCRIPTION: Asphalt Utility Removals, Grade, New Asphalt Paving and New Concrete RTG Runways, Storm Drain Impvts, Sewer and Water. LOCATION: Pier CONSTRUCTION VALUE: 5,251,800.00 IF YOUR WORK WAS PERFORivtED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE:.562)599-5841 Ext. 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: Peter Fox-sythe — --, TELEPHONE: 562) 244-9077 -- CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Highland Avenue Widening PROJECT DESCRIPTION: Redesign of Highland Ave and Adjacent Streets) Storm Drain Impvts. LOCATION: Highland Ave @ Franklin Ave, City of Los Angeles CONSTRUCTION VALUE: 2, 754, 889.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT. City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION. NAME: City of Los Angeles Board of Public 14orks CONTACT: Rafael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RE.SPONSLBEL PY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: North Maclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Maclay Ave from 1st Street to Eighth Street CONSTRUCTION VALUE: 3, 682, 624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FTNAL SUBCONTRACTOR: ARCHITECT: City of San Fernando - GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: __rit-y of San Fernando CONTACT: Daniel Wall/ City Engineer _ TELEPHONE: 818) 898-1225 __ Bond No. Bid Bond BID BOND The American Institute of Architects, AU Document No. A310 (Febnary, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($ I o% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Various Residential Streets 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 amourit 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 16th day of March , 2009 Witness Witness ORSC 21328 (5/97) PALP Inc. dba Excel Paving Company Principal (Seal) By: , P, RROV am i e Federal Insurance Company Surety (Seal) By: A�' 0, �. Dougla�. Rapp Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 03/16/2009 before me, Debra Swanson, Notary Public (Here insert [tams and tide of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the personal whose name�4 is/ subscribed to the within instrument and acknowledged to me that he/sho4key executed the same in his/�r authorized capacity(} and that by hisJ4e signattueW on the instrument the person(4, or the entity upon behalf cif which the person�4 acted, executed the' instntment. I certify under PENALTY OF PERNRY under the laws of the. State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature of Notary Public �s�LOFry, DEBRA SWANSON COMM. 4 1822117 i o NOTARY PUBUGCALIFORNIA Q: ORANGE COUNTY (Nvcaty sash nub My Comm. ExOrm NOY 10, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or dcwripbon of attached doeurn Brit) (Title or description of attached document continued) Number of Pages Doctunent Dar (Additional infortnation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Cotponste Officer (Title) 0 Partner(s) ❑ Attorary-in-Fact O Ttusttc(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Arty acbsowledgussw completed In CWVOr is crust contain verbiage exactly as appears abm in the aoiary section or a mpwaw acbiowledgmew form masr be argperfy conoeted and attached to that docvnuxt. At only eseepoein it if a docuwnr u to be recorded outside of Cal(fornia In such instances. any alternarrve acbsowleagsatnr verbiage as may be printed on ruch a document so long as the vwbiage does not require the notary to do something that is diegal for a notary in CalVornia 0.e. cert(fying the authorized capacity of the signer). Please check the documem carelUlyfor proper nowrrai worn qg ana attach uus form V regrared • State and County information must be the State and Counry where the document signor(s) personally appeased before the notary public for acknowiedgmcnL • No of notarization must be the date flat the sigmr(s) perwnalty appeared which must also be the same date the acknowledgment is completad. • The notary public must print his or het name as it appears within his or her comrniuion followed by a comma and then your title (notary public). • Print the aattsc(a) of document signcr(s) who pasorutlly appear at the tune of ootariziluom • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. WsbwVwa r is Iare ) or circling the otimoa forms. F"um to cortxtty indicate this Information may lead to rcloction of docwnent rocording. . 'fife notary scat impression must be clear and photogaph,caily reproducible Imp=ion must not covet text or lines. If seal impression smudges, re -seal if a sufiicsant area permits, odxrwix complete a different acknowledgment form. . Sigttaturobf the notary public must match the signature on file with the office of tho ooutay clerk. L 0 Addidotsal wforrnatioo is not roquirod but could help to ensure this aCIM0W10d97110n1 is M M41410d Of RUAC.to a dlff=t d0Clln CnL 0 Wieate tide or type of attached document, [lumber of pages and date 0 wieate the cavity claimed by the signer. If the claimed capacity is a corporate otftoar, indicate the title (i.e. CEO, CFO, Secretary) • Socuroiy attach this document to the signed document 2W8 Version CAPA v12.t0.07 800-873-9865 www.NotseyClasim,com Chubb POWER Federal insurance Company Attn: Surety Department OF Angilant"Insurance Company 15 Mountain View Road Surely ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL COMPANY, a New York corporation, and PACIFIC I appoint Linda D. Coats, Douglas A. Rapp and,' qY, an a Wisc WfUL.ANI INSURANCE each""her®by cone#itute and each as their true and lawful Attorney- in- Fact.to execute under such de, signation in their names and to affix their"corporate seals to and deliverforand;ontheir behalf as surety thereon or otherwise, bonds and undertakings and oilier wrings obligatory in ere the nature thereof (other than, bail bonds) given or executed in the course of business, and any instnrments amemting or altering the same, and twnsenty to the modification or attamI tion ol.any instrument rafamed to in said bonds. or, obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY d'2 At have each executed and attested these presents and, affixed their corporate seals on this 29th day of AugUst, 2008 Kenneth C_ Wendel, Assistant Secretary Norris, Jr., Vice President STATE.OF NEW JERSEY ss. County of Somerset On this 29th day of August,,2008 before me;a Notary Public of"New Jersey, personally Ca'me Kertrieth C: Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY: VIGILANT INSURANCE COMPANY. and PACIFIC`iNDEMNITY COMPANY. the companies whi -h executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by meduly sworn; did' depose and say, that, he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC,INDEMNrtY'COMPANY and knows the corporate seals thereof, that the seals affuced ta.the foregoing Power of: Attorney are such. cor porate seats and were thereto I affixed by;authodty-.cif the By -'Laws of said.ComPatiies; and that he Signed said 'Power of Attorney as ,Assistant: Secretary of said Companies by like authority; and that he is acquainted with, David B- Norris, Jr., and knows him to be Moe President of 'said Companies; and that the signature of David`b. Norris, Jr., subscribea to said flower of Attorney is in me genuine handwriting of David 6. Norris, Jr., and was'thereto subscribed by.authdtity of said By - Laws and in deponents"presence. Nolanaf . h B_ R SiEPHBN & BRAOt r , Notary Public, State c# t4+rlef5ey No. 23210917 commission'Expires Oct: 25, 20.09 / L Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE CObIRANY: VIGILANT"INSURANGE COMPANY, and PACIFIC INDEMNITY COMPANY: "Alt powers of attomey for and on behalf of the Company may and shallbeexecuted: in the-_narrho andonbohalf of'tho. Company, either by the Chairman or the President or a Vice President or an Assistant VicePresident, jointly -with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed of fiftiogtaphed. The signature of each of the fottawing officers: Chairman, President: any Vrcx President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of' the Company may be.,affixed by facsimile to any power of"attomey or any certificate relating thereto appointing Assistant Secretaries or Atiomeys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and any such power of attorney or certificate bearing such facsimile, signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding ,upon the Company with respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in a1150 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department: further. Federal and Vigilant are licensed in Puerto Rica and the U.S. Virgin Islands,. and Federal is ken^,M in American Samoa, Guam, and each of the -Provinces of Canada except Prince Edward Island, and (iii) the foregoing Power of Attorney is taste, correct and in full force and effect. Given under my hand and seals of said Coinpanies at Warren. NJ this 16th day of March, 2009 AvotAet* ti r`yht +e'Fw�F'4 i<enneth .Wen ei; AssrstantSecretaty IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone {908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 29, 2009 All American Asphalt PO Box 2229 Corona, CA 92878-2229 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Citi§�.srotf o�p/cjaahtirttWaiH-izkor4bcNew Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 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: Qom f, 11 Addenda No. I Date Received Bidder's Signature 11 MSC - 455 Project Bid Schedule IT ;APPROXIMATE ,, UNIT ITEM WITH, UN,IT,PRICE SWz ITTEN INWORDS..., -TOTAL 237 REMOVE/DISPOSE OF PARKWAY TREES AT- PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 89,654 AT PER SF 137,190' PARKWAY EXCAVATION 3 AT,]" Q'611-1x� PER SF -L4U U 144 REMOVE/REPLACE IRRIGATION SYSTEM INE��"AY 4 PER EA. C-4 262 REMOVE/REPLACE WATER METER BOXES 5 AT PER EA. REMOVE/DISPOSE OF CURB AND GUTTER(C—URB RAMPS INCL.) 6 27,438 AT \&sJ -C PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 27,438 AT�_, s LF PER REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 49,395 AT E,. c\,j\, J Ale ce"'is - PER SF �5 . REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 16,128 PER SF ls�o. H 42,579 REMOVE/DISPOSE OF SPANDRAL 10 AT-�V,-e ti Ce&-s PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 11 27,438 AT PER LF LAq I1 K A CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 49,395 AT s � � \-, PER SF e. j-m 7, tog CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 89,654 AT-\\,,-, PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 109) 14 AT e AVc,,- PER TON 71 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) (45.1 15 AT lm± At ars Jr, f14 a,1.5 PER EA. CONSTRUCT SPANDRAL (per Standard Plan 205) 16 42,579 AT o,, s PER SF 343 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 18 346 AT PER Lot. PLACE NEW PARKWAY TOP SOIL AND RESEED 19 333 AT-��, i., s PER EA. 01 C-2s i k ® MSC - 455 Project Bid Schedule FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard ® 333 Plan 714) 20 AT PER EA. 21 115,345 COLD PLANE AT-1 cam, PER SF "Soc� Ski 1� 125� FURNISH AND, INSTALL PETROMAT 22 292,080 AT�"_e,,,, cemits PER SF ISa 3 2 11 ONE & ONE-HALF INCH OVERLAY 23 2,629 AT e�e��� �ive��.,\\owS PER TON ADJUST WATER VALVES 24 23 AT-rw�ti��. ,� e: �, (; �e �1o��ars PER EA. �y ADJUST MANHOLES 25 25 ATE,,��"\Y�db11�,r�, PER EA. PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 52 AT-1__ ,\ t�l `T ve PER EA. 26 The award of contract will be determined by the base bid `° otal Amount Bid in Figures: Total Amount Bid in Words: -FeY, cPr.� MSC - 455 (Alternate) Project Bid Schedule ®akgrove, Eata, Pratt, Ivory -.ITEM APPROXIMATE '; �'. Nd Q NTITY ,ITEM .WITH UNIT PRICES:WRiTTEN.IN WORDS PRICE TdTAI. 44 REMOVE/DISPOSE OF PARKWAY TREES = 1 AT��P�e�, �.�oi�\la PER EA. REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 8,756 Amt 11a.s JLwL "C t PER SF 25 IOgL-ls PARKWAY EXCAVATION 3 15,110 AT 1�," PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 24 AT k',,ye V, �,,A 4sk\,s PER EA. =s 48 REMOVE/REPLACE WATER METER BOXES x 5 AT PER EA. _ i�0 S2,OSSD REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 3,022 AT—�e, PER LF gyp- 30,12-o REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 3,022 AT'Cwn do�ioN-s PER LF REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 8,330 AT PER SF 12,4�15 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard. Plan 202) 11 3,022 AT\ e ,rs PER LF i 1�3; III Z CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 8,330 Al' 51 e {s PER SF CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 8,756 A �c olia,s PER SF 3 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard. 114 Plan 109) 14 AT Ljjc \ars PER TON CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 6 ATTwb wusa G cic rs PER EA. 2-(Dw 12i0o© CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 18 49 AT PER Lot. PLACE NEW PARKWAY TOP SOIL AND RESEED 19 49 AT k;•�,�-wP�1 �%���rs PER EA. MSC - 455 (Alternate) Project Bed Schedule ®akgrove, Esta, Pratt, Ivory fEM APPROXIMATE; UNIT' QUANTITY ITEM WITH UNIT PRICES WRITTEN IN :WORDS PRICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 49 Plan 714) 20 AT �'h e �w ire velars PER EA. M 13,365 COLD PLANE PER SF AT ` � c, 21 FURNISH AND INSTALL PETROMAT 34,200 AT�,- __�.j PER SF �ci c SSO 22 ONE & ONE-HALF INCH OVERLAY 308 ATPER TON 23 ADJUST WATER VALVES 4 A��i.�ae��t, �iofl�.s PER EA. 24 ADJUST MANHOLES 3 AT—�Ycz �.� ��P� �o(�av� PER EA. 3 _ b- 25 PREPARE PRE & P.O�T-CONSTRUCTION CORNER RECORD AND 7 ATL— \ ct jr e �1\o. s PER EA. 26 Amount Bid in Figures: Is Amount Bid in Words: C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 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 State of California ss. County of e PAU WSt®6 e086TT TJQ- Obaq .—, being first duly sworn, de oses and says that he orb is V(C "_5( � —of AU A*Wc,04 e 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. d-It &,Bit APMAtr .n- of Bidder tore of Bidcfer Address of Bidder Subscribed and sworn kefore me this day of , 20 NOTARY PUBLIC C-4 NOTARY SEAL CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1700922 Notary Public - California Riverside County MyComm. Bores Oct 26, 2010 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 24th day of March 200 9 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) Name of Signer to me on the basis of satisfactory evidence person who appeared before me.) Signature �X" 4a�4� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Document Date: 3-24-09 Number of Pages: 1 Signer(s) Other Than Named Above: None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RECONSTRUCTION OF VARIOUS RESIDENTIAL, STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: ,46& Contractor V LeG hestpekx- Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. r QUESTIONNAIRE r>: Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary I� 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 f regulation? ® Yes 10 If the answer is yes, explain the circumstances in the space provided. N A� Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. AU Coniractor 100�- Title Y 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: AM wffl 14 A P lu. ej, 6 Contractor VQ,97 64ntDQJr Title Date: 9 A"-# Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name P.O. 15af Busines s Address ,L)A- City, State Zip (`sh `7`No-76aO Telephone Number State Contractor's License No. and Class I -tg -7 l Original Date Issued -31-1® Expiration Date The work site was inspected by35Ui�d�of�'� 20 D. �_ our office on 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. 4M Company Name Yrmted or Typed Signature Subscribed and sworn to before phi/ day of NOTARY , 200_ 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. i 2. 3. I`IR111G "MA r3I%AVAI%I33 V1 1 UkJ11%, A�411V�' Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Name and Telephone No. of Contract Amount Type Manager: Type of Work Name and Add ss of Public Agency Name and elephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2009 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Namelo.of Signer(q" 7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in mmissi t . ROYS 09 his/her4heif authorized ca acit ieS and that b his(her4heir Commission # 1700922 p y( )' y Notary Public California D signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Riverside County My COMM. a0resOct 26,2010 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my� and and official seal. 19_ Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidder's Information — Cityof Huntington Beach Document Date: March 24, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signers) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ G ❑ Attorney in Fact ❑ Trustee ❑ Other: ner is Representing: ' ) I 64200899 PAST WORK REFERENCES City of Irvine One Civic Center Plaza P.O. Box 19575 Irvine, CA 92606-5268 Contract: Kal Lambaz, (949) 724-7555 City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Contact: Sean Razmy, (714) 765-5069 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount: $3,445,289.40 Start: 1 /2008 Completed: 6/2008 Anaheim Blvd. Improvements Contract Amount: $278,391.00 Start: 4/2008 Completed: 6/2008 Superior Avenue Improvements Contract Amount: $862,862.00 Start: 1/2008 Completed: 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Contact: Luis Estevez, (949) 461-3485 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ed Torres, (714) 647-5018 Street Resurfacing & Slurry Seal Contract Amount: $1,638,523.00 Start: 2/2008 Completed: 4/2008 Santa Clara Avenue Improvements Contract Amount: $2,219,523.00 Start: 11 /2007 Completed: 3/2008 ® Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Various Residential Streets, Maintenance Service Contract #455 Bid Date: March 26, 2009 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished 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 parry 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 l3th Witness day of March A.D., 2009 ALL AMERICAN ASPHALT (SEAL) �ncipal w6t (e' Title Vt FIDELITY AND DEPOSIT COMPANY OF MARYLAND Sure By (SEAL) WEN M. BROWN Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On March 24, 2009 before me, Brenda L. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(t-of Signer(q�— who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) Ware subscribed to the within instrument BRENDA L. ROYSTER and acknowledged to me that he/she" executed the same in Commission # 1700922 his/her/t t-+ authorized capacity(ies), and that by his/her4heir Notary Public - California = signature(s) on the instrument the person(s), or the entity upon behalf Z Riverside County = of which the person(s) acted, executed the instrument. My Comm. Expires Oct 26, 2010 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my and and official seal Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond — City of Huntington Beach Document Date: March 13, 2009 Number of Pages: 2 Signer(&) Other Than Named Above: Owen M. Brown, Attorney -In -Fact Capacity(ies) Claimed by Signer(&) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner — ❑ Limited ❑ General JRIGHTTHUMBPRNT ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Other: Signer is Representing: All American Asnhalt ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ G eral ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: 9 , . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 3-13-09 before me, BARBARA J. BENDER NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared OWEN M. BROWN Name(s) of Signer(s) BARBARA J. BENDER _ Commission # 1801899 Z ' E Notary Pubtic - California z Orange County My Comm. Expires Jul 13, 2012 B�ARBARA J. BENDER Commission # 1801899 Notary Public - C010mia Orange County MY Comm. =Jul13.2012 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(®) is/m subscribed to the within instrument and acknowledged to me that he/019W executed the same in hisAMOMM authorized capacity(+ &), and that by hisAMMOMOr signature(e) on the instrument the person(*, or the entity upon behalf of which the person(o) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of C%fornia that the foregoing paragraph is true and correct.' 1 WITNES: Signature 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: 3-13-09 Signer(s) Other Than Named Above: BOND ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer(s) Signer's Name: OWEN M . BROWN i Individual �D Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: SignerIs Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND `RIGHTT;HUMBPRINT OFSIGNER Top . Number of Pages: _ Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHT -THUMBPRINT- - OF SIGNER` ...of thumb here @2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nabortalf4otaryorg Item a5907 Reorder. Call Ton -Free 1-800-876-6627 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e dens by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and for act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al a takings, and the execution of such bonds or undertakings in pursuan ¢ s, s on said Company, as fully and amply, to all intents and purposes, as if th xece$ ged by the regularly elected officers of the Company at its office in Bal ' heir er This power of attorney revokes that issued on behalf of Owen M. BRO 4 at ruarvcffa r The said Assistant F&, Section 2, of the By-La� IN WITNESS Wl- affixed the Corporate December, A.D. 2004. ATTEST: �p DEP0,� r � C. 0 0 189Q ? N.sla�'al ,�6rt4�1hat the extract set forth on the reverse side hereof is a true copy of Article VI, , and is now in force. 2EOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland SS: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .0 t:61iv.i 3% �rIfiit%" Maria D. Adamski Notan Public My Commission Expires: July 8, 2011 POA-F 012-4160 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 29, 2009 Nobest, Inc. PO Box 874 Westminster, CA 92684-0874 RE: MSC-455 — Reconstruction of Various Residential Streets Enclosed please find your original bid bond for MSC-455. Sincerely, ( � 0�- jjr0k) Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Citi5jioAj j lL�tcj�f; ptiroetyQl44drgocNew Zealand ( Telephone: 714-536-5227 ) rx, �Tl 2069 MAR 26 PH 1: 54 i y SECTION C PROPOSAL for the RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 455 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 Two Hundred Twenty (220) 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 of 19 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 RD 13s>vD in the amount of $ / 10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DISC - 455 Project Bid Schedule 1TEi1A I APPROXIMATE UNIT_ NO.' QUANTITY ITEM.WITH UNIT PRICES WRITTEN IN WORDS PRICE : TOTAL 237 REMOVE/DISPOSE OF PARKWAY TREES co 7 5� .., c�; 1 7`7 -7 SB .. '- 1 AT a PER EA. a 89,654 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 AT e'i PER SF l3 it, yFS�..`' 3 137,190 PARKWAY EXCAVATION AT PER SF r� Lin //�:�.� � . "`= i 3� f e 144 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 AT �(it,ils�1. %�slto.,,,.,e PER EA. Zoo. 28 $c?CS. 262 REMOVE/REPLACE WATER METER BOXES I3 /llC�. 5 AT t �a+�'` PER EA. 27,438 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 AT /ijfe�✓��C���s PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) 7 27,438 AT r1 e_f 4�Ce_� PER LF 3 . �� 3z, 3 /If 40 49,395 REMOVE/DISPOSE OF P.C.C. DRIVEWAY PER SF `� vp 1$, 8 AT l;�i�d , 7 f-0 16,128 REMOVE/DISPOSE OF EXISTING CROSS GUTTER 9 AT /TGNC)�� PER SF 42,579 REMOVE/DISPOSE OF SPANDRAL 10 AT ZGt o e !l ew_5 PER SF 27,438 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) cPER LF ZC�. 11 AT CONSTP CT P.C.C. DRIVEWAY (per Standard Plan 209) 12 49,395 AT %Zrtil27fL�S PER SF9�7, CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 89,654 AT %7�! t'sC l �l�t= PER SF 3.— 2&6 -vL.Ce CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 1,029 Plan 1� ) PER TON � . J 33 -�W, 14 AT b ti. , Z. r �'� 71 CONSTRUCT WHEEL CHAIR RAMP (per Standard Plan RSP A88A) 15 AT f-�'iitZ�'�a`s�� j��,,,i PER EA. >ll 78, rdl,, �rf'yl ti CONSTRUCT SPANDRAL (per Standard Plan 205) 16 42,579 AT )rff yy PER SF q S 16,128 CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT i PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per cr 18 346 AT �C /i� � PER Lot. ��?., I zo %(,o. 333 PLACE NEW PARKWAY TOP SOIL AND RESEED `-' 19 AT T #,e e ` PER EA. 3SI . dp Iffy dp C-2s TEM APPROXIMATE, UNIT - NO = QUANTITY -' ITEM WITH UNIT PRICES WRITTEN IN. WORDS PRICE TOTAL . ,i. FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 333 Plan 714n�� 3 �3, �30 . �c 20 AT �yc(�-w ��i►�2 PER EA. 115,345 COLD PLANE ��� �$.�•. 021 ATPER SF , FURNISH AND INSTALL PETROMAT 22 292,080 AT pt PER SF ONE & ONE-HALF INCH OVERLAY 2,629 AT %-)I- PER TON `I 23 ADJUST WATER VALVE 'I 23 AT f PER EA. cad' 24 ADJUST MANHOLES PER EA.(AG�• 25 AT 25 10 PREPARE PRE`>& POST -CONSTRUCTION CORNER RECORD AND 52 ATy� / i2 �y a2- C�sf� ER EA. Z,11� . 4� Z, i7 �%L) 26 I do A go C-2s base bid u'l m% 7-t� )�ice - MSC ® 455 (Alternate) Project Bid Schedule Oakgrove, Esta, Pratt, Ivory ITEM . ;APPROXIMATE UNIT NO. QU10.NTITY ITEM WITH UNIT PRICES WRITTEN IN WORDS PRICE TOTAL 44 REMOVE/DISPOSE OF PARKWAY TREES ent, AT 1,yPER EA. '% 5-0. 33 aw, 8,756AT REM /DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) SGj , &jz�AW - PER SF -- j � i? 3LI. 15,110 PARKWAY EXCAVATION Jf �vL c 3 AT ���� PER SF ��� 110,c 24 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY yf 4 AT PER EA. Zoe 48 REMOVE/REPLACE WATER METER BOXES ���` �' �7`Ot • v 5 AT2�a PER EA. 3,022 REMOVE/DISPOSE OF CURB AND GUTTER(CURB RAMPS INCL.) 6 AT IV& Z t., PER LF 3,022 REMOVE/DISPOSE OF ASPHALT CONCRETE (Gutter Slot) �e 7 AT PER LF 3. REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 8,330 AT %^vu� �f��S PER SF �® -- lCv� fv REMOVE/DISPOSE OF EXISTING CROSS GUTTER g AT PER SF - REMOVE/DISPOSE OF SPANDRAL 10 AT PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) .11 3, 022 AT i-G- tz PER LFJ. CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 12 8,330 AT �wYt ?��y-�, PER SF 1-/°- 3 j 305- 8,756 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 13 ATflrt PER SF 3, %• CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Standard 114 Plan 109 7 14 AT PER TON 6 CONSTRUCT WHEEL CHAIR RAMP ( er Standard Plan RSP A88A) �✓ 15 AT 2/iA z" , hi 9 PER EA. 1 Co. (r� (a�LYg , CONSTRUCT SPANDRAL (per Standard Plan 205) 16 AT PER SF - CONSTRUCT CROSS GUTTER (per Standard Plan 205) 17 AT PER SF 49 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per ,_ 1g AT PER Lot.iQ, 49 PLACE NE PARKWAY TOP SOIL AND RESEED 19 AT �-t L- r-. ! PER EA. s5-0" to C-2s q MSC ® 455 (Alternate) Project Bid Schedule ®akgrove, Esta, Pratt, Ivory TEM, APPROXIMATE UNIT - " 0. QUANTITY IT, WITH UNIT PRICES WRITTEN. IN WORDS PRICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 20 49 Plan 714) / AT`�2R 1����7%� PER EA. �G"I e0 I'(,C'�. 13,365 COLD PLANE AT PER SF ' ®� F� 3;//° 21 C';�ti� FURNISH AND INSTALL PETROMAT 34,200 AT ��-F�,,� Cnea� PER SF 22f ONE & ONE-HALF INCH OVERLAY 308 AT ,i ,, /�7 PER TON ' 23 ADJUST WATER VALVES 4 AT Tom, ��yr���>�5i_ '�`��1'— PER EA. cc zG�Y? �i 1� 24 ADJUST MANHOLES 25 3 AT � l',t PER EA. PREPARE PRE & POST -CONSTRUCTION CORNER RECORD AND 7 AT , PER EA. 26 an ON C-2s �r 61 r—we t"44- . 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 Work Name and Address of Subcontractor State License Number Class .�of 1 ✓mod 1 . 4% U t D 5Gf-1- ,- 01!. -(?! �'e-e . 'eviC L D.J Z/ fN Gt % • 9 L i 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 0 14 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 111E d-&-.0 .0 , being first duly sworn, deposes and says that he or she is ZG '06 of 1410feAs'r sn/C. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and 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. Address of Bidder qZ G6f Subscribed and sworn to before me this � day of Al AAG A, 20D . NOTARY PUBLIC aCAYE.ANDERSON �- COMM. #1579663 n V rF_ NOTARY PUBLIC-CALIFORNIA -" ORANGE COUNTY s^ My Comm. Epires June 13, 2009 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 RECONSTRUCTION OF VARIOUS RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 455 (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. Date: Title 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 i 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. Date: ` Title 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: Title Date: I - 2-6-0-7 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 Business Address CA 924W City, o State Zip (7 /c. ) c69 2 - 5593 Telephone Number 351 (ZZ. /4 State Contractor's License No. and Class y/7, Original Date Issued Expiration Date The work site was inspected by Kes� Lted, 5 of our office on 3 / 2,-0 , 20 o q The following are persons, firms, and corporations having a principal interest in this proposal: C-9 of oil as - we me 04 io No The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of B Printed or"Typed Signature Subscribed and sworn to before me this 24 day of &t ARe- 4 , 200q . NOTARY PUBLIC KAY E. ANDER2S®N COMM. #1579663 U �NOTARY PUBLIC-CALIFORNIA U ORANGE COUNTY My Comm. Expires June 13, 2009 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. 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $1,223,310.00 Project: Concrete Replacement Contact: Dennis Vasquez Phone: (714) 765-6936 2. CITY OF NEWPORT BEACH Project: Newport Shores Alley Replacement Contact: Stephen Luy Phone: (949) 644-3330 3. CITY OF HUNTINGTON PARK Project: Improvement of Zoe Ave. Contact: Pat Fu Phone: (323) 582-6161 Ext. 9 253 4. CITY OF HUNTIGNTON BEACH Project: Various Locations Contact: Derecic Livermore Phone: (714) 960-8861 5. CITY OF LONG BEACH Project: Medians on Atlantic Contact: Homer Flawellen Phone: (562) 570-5169 $1,100,000.00 $ 23 8,000.00 $ 137,790.00 $ 844,218.00 { BCJNDS n�sukf�ntcr: Prernittm: N/A Contractors Bonding and Insurance Company 1213 Vdlcv Street P.O. Box 9271 Seattle, WA 98109-0271 Tor the CBIC branch nearest you, call7ollTree (888)2R3-2242 (888) 293-2242 FAX Know all by these presents, T hat we, Nobest Incorporated- - - — — --- — ----------- - - - - - as Principal, and Contractors Bonding and Insurance Company,as Surety, are held and firnily bound unto City of Huntington Beach _ _-- ._...--.-__-- __._---- Obligec,inthe..suinof ten percent of the total amount bid __- liollar., S 100 for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, firmly by these presents.11 Whereas, Principal has submitted or is about to submit a bid to the Obligee on a contract for Reconstruction of Various Residential Streets - MSN # 455 ("Project"). Now, "Ilierefore, the condition of this bond is that if obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in conformance wirh the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligarion shall be void; otherwise the Principal and Surery will pay to the Obligee the difference between the amout of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person or entity to perform the work covered by the Principal's bid, bur in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. Signed and scaled this_18th day of -March— ----- -- -- — 2009 Nobest Incorporated Bv: Contractors Bonding at (Scal) P K is ems. i S v Matthew J. Coats Attorncc-inFact GttdI,ID.01-1 TS03200s '1P State of California County of Orange On 'D`� before me, Ray E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person( whose namelsf is/,Ve' subscribed to the within instrument and ackrowiedged to me that he/shzft2 -y executed the same in his/her/thy authorized capacity, and that by hisAl c�th-Ii• signatur"on the instrument the person; or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON F- COMM. #1579663 MESS my and and official seal v '°ss NOTARYPUBL.IC-CALIFORNIA n ORANGE COUNTY �W My Comm. Emires .lone 13, 2009 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFOIZIVIATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) L29 Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this, form (l required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/t#we is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but -could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA. v12.10-07 800-873-9865 www.NotaryClasses.com CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On MAR 18 before me Adelaide C. Hunter, Notary Public (Here insert name and title of the officer) personally appeared Matthew J. Coats' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that he/slWthe5-executed the same in his/her/Other authorized capacity(ies), and that by his/1-ter/4teirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand,and official seal. lie ADELAIDE C. HUXTER CatwilsoWn#1041793 AI/ `� b a G Signature of Notary Public (N �`� )My GamyL 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www,NotaryCl&%ses.com INSTRUCTIONS FOR COMPLETING THIS FORM Airy acknowledgment completed in Caljjornia must contain verbiage exactly as appears above in the ,Mary section or a separate acknowledgment form must be properly completed and attached to that doctment. 77se only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • Stake and County information must be the State and County where the document signer(s) personally appeared before the notary pubic for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a cottons and then your tide (notary public). • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. inersheAhey;- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document- 0 Indicate title or type of attached document, number of pages and date. 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document