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HomeMy WebLinkAboutC-3139 - 15th Street and Avocado Avenue Pavement Rehabilitation and Traffic Signal Modifications at Jamboree Road and Bison Avenuei March 25,1998 0 CITY OF NEWPORT OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 9 Excel Paving Company 2230 Lemon Avenue Long Beach, California 90805 (714) 644 -3005 .......... BEACH Subject: Contract No. 3139 - 1511, Street and Avo Pavement Rehabilitation and Traffic Signal at Jamboree Road and Bison Avenue Avenue On January 26,1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of ompletion and to release the bonds 35 days after the Notice of Completion has een recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange C February 6, 1998, Reference No. 19980067399. The Surety Federal Insurance Company, and the bond number is 8149 -64 Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi cc: Public Works Department 3300 Newport Boulevard, Newport y Recorder on the contract is 11 0 BOND NO. 8149 -64 -43 (The premium charges on this Bond is $ 1,061.00 $�thousand of the Contract price. Page 9 being at the rate of WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 23, 1997 has awarded to Excel Paving Company hereinafter designated as the "Principal ", a contract for 15th Stract md Av c9do Avenue, Pavement Rehabilitation and Traffic (Contract No. 1 in e i o ewport e c , R gflBNfiity with the plans, drawings, specifications, and other Contract - Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3139 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Federal Insurance Cort%)any , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum ofllwo hundred tbJrtydeJ1esthousand Dollars ($235,710.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. sn7 Ll Page 9A This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, R is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1 st day of July -.19 97 Excel Paving Carpany Name of Contractor (Principal) Federal Insurance Company Name of Surety 801 So. Figueroa Street Los Anyeles, CA 90017 Address of Surety Authorized Agent Signature Linda D. Coats (213) 612 -5573 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/!7 • • State of CALIFORNIA County Of LOS ANGELES On —1 — ( —� 7 before me Celeste A. Graham, Notary Public (DATE) (NAME/TITLE OF OFRCERi.a.'JANE DOE, NOTARY PUBLIC'I personally appeared Palp Inc. DBA Excel Paving Company INAME(S) OF SIGNERIS)l by C.P. Brown President EU personally known to me -OR- roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and CELESTE A. GRAHAM acknowledged tome that COMM. # 992999 > he /she /they executed the :,' Notary Public - Californ(a m same In his /her /their ? LOS ANGELES COUNTY authorized capacity(ies), and that b his /her /their My COMMISSION EJ(PI(LES JULY 30, 1997 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wiittness my hand and official seal. (SEAL) ISP I ATUR O NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Nunbw of Pages Date of Document Sipnerb) OOwr Than Named Above a INC. FINGERPRINTS RIGHT THUMBPRINT (Options[) 0 0 CAPACITY CLAIMED BY SIONERIS) ❑INDIVIDUALIS) OCORPORATE OFFICERS) OPARTNER(S) ❑LIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Peraon(a) or Ent@yliea) RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIONERISI ❑INDIVIDUAL(S) ❑CORPORATE OFFICERS) mnEM OPARTNEMS) OLIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Peraonle) or Entity(lea) 7 IIIII67775 VIIIII[If4 I • ALL - PURPOSE ACKNOWLEDGMENT S (it le of California Counly of Los Angeles O11 JUL 1 1997 before life, CHRISTOPHER J. (OATS Dole Nune,'llde of n(lxfer -e.g. "Jong Ilog, Nolory PaUllerr personally appeared LINDA I). MATS'' Nomes(m) of Monerp) personally known to tile or proved to me fill the basis (if satisfactory evidence to be (lie person(s) whose names) is /are subscribed to the within Instrument and acknowledged to me that he /sbe /they executed the same In his/her /their aulhorixed capacily(ies), anti that by his /her /their signature(s) on the Instrument the person(s), or the entity on behalf of which the person(s) acted, executed the Instrument. Wiliness any hand anti official seal, eaoe.c.oao.cgvo ... CHRISTOPHER J. COATS COMM. # 1103462 a / Cr K .NOTARY PUBLIC CALIFORNIA Q i ORANGE COUNTY N MY Comm Boils Job 15.2000 ynNUre of ry A'I'1'r..N'r1ON NO'TAHV& Allbanyb Ilia Infornullon regaegled below Is 0P'1'IONAI., 11 cnnld prevent fromlulmU allacbnsenl of lisle certificate to aunulbarized docnnwnle. '111 IS CICH'1'llrICA'I'IC MIIS'1' HE AVI'A(7I11 1I) 1114) '1'I11t 1110CIIMEN11' DItSCI1n11ED AY' 111(:11'1': '1'Me or'1'ype of Document Number of Pages_ Dole of Doeunlenl 6I''1'I6NAI. SECTION/ CAI'ACI'1'Y CI,AIMI?D IIY SI(.Nlift _btdlvidual(s) I)fnccr(s) _ '1'lllels) SHME11 IS IIEP ESRN'1'IN(:: Name of persons or enllly(les) _I'orloer(s) _Allorney- lo-Racl (libel' POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ W059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California ------------------------------------------- -- ------ --------- - -- - -- each its true and lawful Attomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, t"W. 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with arry Sheriff or Magistrate, for the doing or not doing of anything specified In such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the taws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bards to Tiansportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to Its By -Laws, caused these presents to be signed by he Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10th day of - March 1994 Corporate Seal Kenneth C. Wendel Asslaant Secretary STATE OF NEW JERSEY 1 a& County of Somerset f FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vlore President On this 10th day of March 19 94 , before me personally came Kenneth 'C. Wendel to me known and by. me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal +� p. E C � � �w ti : tel.:. m �a rows 15-10M34 lnw. 104131 GENEIUL Acknowledged and Sworn to before me on the date abji a written. -Notary PW1lic MMIT A. 9CAvOln 7 Petltq No. Safes of Ntar Im w Caeai4141toe nix a0,%12o rir+% Odotwr 2, 1994 uexea tsml uTw RECORDING REQUESTE0Y AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the county of Orange, california Gary L. Granville, Clerk /Recorder No Fee 19980067399 08;38am 02/06/98 005 16006688 16 50 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION I, NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and ((� Excel Paving Company as Contractor, entered into a Contract on June 23, 1997 Said Contract set forth certain improvements, as follows: 15th Street and Avocado Avenue Pavement Rehabilitation and Traffic Sienal.- Modification at Jamboree Road and Bison Avenue Contract No. 3139 Work on said Contract was completed on October 22, 1997 and was found to be acceptable on January 26, 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Federal Insurance Company Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that and correct to the best of my knowledge. Executed on be at Newor �� BY mil, LL � z City Clerk U the foregoing is true Beach, California. E 0 0 -�i 7� �.. ; 01.....:_ January 26, 1998 .IAN 2 6 ... ITY COUNCIL AGENDA ITEM NO. 13 Af TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: COMPLETION AND ACCEPTANCE OF 15T" STREET AND AVOCADO AVENUE PAVEMENT REHABILITATION AND TRAFFIC SIGNAL MODIFICATION AT JAMBOREE ROAD AND BISON AVENUE; CONTRACT NO. 3139 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Authorize a budget amendment to: a) Transfer $20,900 from Account No. 7181 - 05100354 to 7181- C5100390 (Balboa Boulevard Main to G Street); and b) Transfer $50,000 from 7181- C5100354 to 7181- C5100364 (River Avenue Street Reconstruction). DISCUSSION: On June 23, 1997, the City Council authorized the award of the 15th Street/Avocado Avenue Rehabilitation and Traffic Signal Modification at Jamboree Road /Bison Avenue Project to Excel Paving Company of Long Beach, California. The original contract provided for the pavement resurfacing of 15`h Street from Irvine Avenue to Signal and Avocado Avenue from East Coast Highway to Waterfront Drive; the removal and replacement of damaged curb & gutter, sidewalk and drive approaches. In addition, traffic signals were modified at the intersections of Jamboree Road /Bison Avenue and East Coast Highway /Avocado Avenue. Also as a result of concurrent construction of the Water Transmission Line, the limits of the project were extended via change order to include 15th Street from Signal Road to Kings Place and Kings Place from 15th Street to Cliff Drive. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $235,710.00 Actual amount of bid items constructed: 213,748.65 Total amount of change orders: 39.029.10 Final contract cost $252,777.75 The decrease in the actual bid items over the estimated bid items constructed resulted from the deletion of some bid items and quantity adjustment based on actual field measurements. The extra paving related to the water line work brought the final overall construction cost including change orders to 7.2% over the original bid amount. SUBJECT: January 26, 1998 Page 2 COMPLETIO D ACCEPTANCE OF 15TH STREET AND CADO AVENUE PAVEMENT REHABILITAT N AND TRAFFIC SIGNAL MODIFICATION A JAMBOREE ROAD AND BISON AVENUE; CONTRACT NO. C -3139 The following two (2) change orders were issued to complete the project: 1. A change order in the amount of $34,645.00 provided for repaving 15th Street from Signal Road to Kings Place and Kings Place from 15'h Street to Cliff Drive. 2. A change order in the amount of $4,384.10 provided for additional striping, pavement markings and modification to curb and gutter adjacent to the Newport Harbor High School. Funds for the project were appropriated as follows: Account Description: Account No. Budget Actual Amount Expenditures Street Repair & Traffic Signal Impr. 7181- C5100354 $293,710.00 $222,777.75 Water Well & Transmission Pipeline 7504- C5100354 $30,000.00 $30,000.00 TOTAL $323,710.00 $252,777.75 Upon release of retention, a balance of $70,932.25 will be returned to the Gas Tax Fund. It is recommended that these funds be transferred to augment the funding for two current projects: 1) Balboa Boulevard Main to G Street ($20,900.00); and 2) River Avenue Street Reconstruction ($50,000.00). The contract specified completion of all work within 30 consecutive working days from the issuance of a Notice to Proceed. Based upon the written notice to proceed on August 4, 1997 the completion date was September 25, 1997. Due to extra work, and a lengthy lead -time in obtaining traffic signal materials, the completion date was extended to October 22, 1997. All work was completed by that date. Respectfully su q fled, PUBLIC WORKS DEPARTMENT Don Webb, Director by: //^ r lZ/ Horst Hlawaty 4 Construction Engineer (:\groups \pubworks \council \98\ an- 26 \3139.doc 1� u 0 0 C of Newport Beach* NO. BA- 038 BUDGET AMENDMENT 1997 -98 AMOUNT: 370,900.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from undesignated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer $70,900 to the Balboa Blvd Main to G Street and the River Avenue Street Reconstruction capital project accounts to fund the completion of 15th Street and Avocado Avenue Pavement Rehabilitation and Traffic Signal Modification at Jamboree Road and Bison Avenue capital projects. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control ' REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number ' Automatic System Entry. Signed: / 7. p Fi ncial roval: F' ance Director Date �n leed:01 DL- A Wi W III i�v =e44p al: City Manager ate Signed: City Council Approval: City Clerk Date Description Division Number 7181 Gas Tax Account Number C5100354 St Replace /Repair/Traf Sgnl Improve $70,900.00 Division Number 7181 Gas Tax Account Number C5100390 Balboa Blvd Pavement Rehabilitation $20,900.00 Division Number 7181 Gas Tax Account Number C5100364 River Ave Street Reconstruction $50,000.00 Division Number Account Number ' Automatic System Entry. Signed: / 7. p Fi ncial roval: F' ance Director Date �n leed:01 DL- A Wi W III i�v =e44p al: City Manager ate Signed: City Council Approval: City Clerk Date June 23, 1997 • JUN 2 31997 CITY COUNCIL AGENDA _ ITEM NO. iz I _ _ APPROVED � TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 15TH STREET AND AVOCADO AVENUE PAVEMENT REHABILITATION AND TRAFFIC SIGNAL MODIFICATIONS AT JAMBOREE ROAD AND BISON AVENUE - CONTRACT NO. 3139 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3139 to Excel Paving Company of Long Beach for the total amount of $235,710.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize a change order up to $58,000 to increase the amount of pavement • rehabilitation work on Neptune Avenue. DISCUSSION: On June 11, 1997 at 11:00 A.M., the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Excel Paving Company of Long Beach $ 235,710.00 2. R.J. Noble Company of Orange $ 238,235.00 3. Sequel Contractors, Inc. of Downey $ 279,792.50 The low total bid price of $235,710.00 is 30% below the Engineer's estimate of $337,000.00. The low bidder, Excel Paving Company, is a well - qualified general engineering contractor who possesses a Class -A Contractor's license. Excel has satisfactorily completed numerous construction projects for the City and for other Southern California agencies. • The improvements to be constructed under this contract include the pavement resurfacing of 15th Street from Irvine Avenue to Signal Road and Avocado Avenue from East Coast Highway to Waterfront Drive; the removal and replacement of damaged curb and gutter, sidewalk, and drive approaches; the construction of concrete curb SUBJECT: 15TH STRE4&ND AVOCADO AVENUE PAVEMENT REAWATION AND TRAFFIC SIGNAL MODIFICATIONS AT JAMBOREE ROAD AND BISON AVENUE - CONTRACT NO. 3139 June 23, 1997 Page 2 access ramps; the installation of a new electric service for future street lighting and irrigation operations; and appurtenant work. In addition, traffic signal modifications will be completed at the Avocado Avenue /East Coast Highway and Jamboree Road /Bison Avenue intersections. Also because of the excellent bid received for street rehabilitation, staff recommends that the City Council authorize staff to negotiate a change order for the rehabilitation of Neptune Avenue (46th to 54th Streets). This street is identified in our pavement management system as requiring an asphalt overlay. Attached are maps of the work locations. In addition to the contract work, City staff has fabricated and will install one 6' wide by 4' high project information sign at the beginning and the end of each construction site to advise the public of the construction work. The project plans and specifications were prepared by the Public Works staff. The Contractor is required to complete all 15th Street pavement work within nineteen (19) consecutive working days and before August 28, 1997; complete all Avocado Avenue pavement work within twenty (20) consecutive working days after the Notice To Proceed has been issued for the Avocado Avenue work; and complete all traffic signal modifications at the Jamboree Road and Bison Avenue intersection within thirty (30) consecutive working days of the issuance of Notice To Proceed for that work. Sufficient funding is available in the following account for the contract bid amount and the additional pavement rehabilitation for the contract bid amount and the additional pavement rehabilitation. Account Title Street Replacement/Repair and Traffic Signal Improvement OA Respectfully submitted, WORDS EPARTMENT � Direc,'to U Account No. 7181- C5100354 BV V v V -- Marla Matlove, Senior Civil Engineer Attachment: Project Location Maps Am n $293,710.00 • • • Z i /V v N O� 3° WW Ir �TGq Oq9� 9 SON c. s h�O h hh� aham' hm h� �O ham' hti* htie° \h� h h� I ' OC 10, �� . a1s� n6�N 9t v S r QJk. �S Aftm 1p y'9G N F,y °( ��• ST. JRMES Rp, cr Lo ix �qy O L Y a z a CLIFF n z DRIVE r; NOT TO SCALE CJ'v% flF ;1DC�UT CiT'; OF N April 14, 1997 APR 1 41997 CITY COUNCIL AGENDA -- ITEM NO. 13 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: STREET REPLACEMENT AND REPAIR AND TRAFFIC SIGNAL IMPROVEMENTS PROJECT - CONTRACT NO. 3139 RECOMMENDATION: 1. Authorize a budget amendment to transfer Gas Tax funds in the amount of $421,000.00 from various projects to the Street ReplacemenURepair and Traffic Signal Improvements project Account No. 7181- C5100354. 2. Authorize the advertisement for construction bids for Contract No. 3139. DISCUSSION: . Pavement on 15th Street between Irvine Avenue and Signal Road and on Avocado Avenue between East Coast Highway and Waterfront Drive has deteriorated to the extent that rehabilitation is needed prior to the next rainy season. A traffic operations review has designated two signal phasing projects that will improve the flow of traffic through the Jamboree Road /Bison Avenue intersection and the East Coast Highway /Avocado Avenue intersection. The first intersection needs to have two signal phases for Bison Avenue to eliminate conflicts with opposing left -turn and through movements. The second intersection in need of modification can be tied in with the Avocado Avenue rehabilitation project to add another lane for northbound Avocado. The estimated cost for the street rehabilitation and traffic signal improvements is estimated to be $421,000.00. Funding for these projects was not specifically set aside for these projects in this year's budget. Bids on the Jamboree Road and Balboa Boulevard Rehabilitation project were $344,000.00 below the engineer's estimate allowing additional street rehabilitation work to be done this fiscal year. Currently, Gas Tax funds are available in the Sidewalk, Curb, and Gutter Replacement Program and the Birch /Mesa Realignment, Traffic Signal Installation and Upgrading, and Irvine Avenue Improvement projects that will not be expended for these projects this fiscal year. Staff recommends a budget amendment to transfer a portion of the 0 • SUBJECT: STREET REPLACEMENT AND REPAIR AND TRAFFIC SIGNAL IMPROVEMENTS PROJECT - CONTRACT NO. 3139 April 14, 1997 Page 2 funds from these accounts into Account No. 7181- C5100354 to provide funding for a new project, the Street Replacement and Repair and Traffic Signal Improvements project. Funding for this project is proposed as follows: Account Name Account No. Amount Sidewalk, Curb, and Gutter Replacement Program 7181- C5100020 $ 16,000.00 Birch /Mesa Realignment 7181- C5100064 $ 81,000.00 Traffic Signal Installation and Upgrading 7181- C5100068 $195,570.00 Irvine Avenue Improvements 7181- C5100137 $128,430.00 TOTAL $421,000.00 Work on this project will be complete by September. Respectfully submitted, PU L C WORKS DEPARTMENT Don Webb, Director • rd (J!y of Newport Beac/3 BUDGET AMENDMENT • 1996 -97 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations X Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 038 AMOUNT: $a2�,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer appropriations from various projects to the Street Replacement/Repair and Traffic Signal Improvements project. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control WNUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100020 Sdwlk,Crb,Gutter Replacement Program $16,000.00 Division Number 7181 Gas Tax Account Number C5100064 Birch /Mesa Realignment $81,000.00 Division Number 7181 Gas Tax Account Number C5100068 Traffic Signal Install /Upgrading $195,570.00 Division Number 7181 Gas Tax Account Number C5100137 Irvine Avenue Improvements $128,430.00 Divison Number 7181 Gas Tax Account Number C5100354 Street Replacement/Repair/Traf Sgnl Improv Project $421,000.00 Signed: � - %� ,— 97 Fin ovaL, Finance-Director Date ed: 9 -%Z nistr v roval: City Manager Date Signed: City Council Approval: City Clerk Date City Clerk Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Boz 176.8, Newport Beach, CA. 92658 -8915 until 11:00 A.M. on the 'jtb day of h=, 1997. at which time such bids shall be opened and read for: 15TH STREET AND AVOCADO AVENUE PAVEMENT REHABILITATION AND TRAFFIC SIGNAL MODIFICATIONS AT JAMBOREE ROAD AND BISON AVENUE F i Title of Project am Contract Number $337,000.00 Engineer's Estimate \Cl FO Ar'% Approved by Don Webb Public Works Director . v * Exp. 9q l� Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Marla Matlove at (714) 644 -3311. t PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 15th Street and Avocado Avenue Rehabilitation and Jamboree Road /Bison Avenue Traffic Signal Improvements CONTRACT NO. 3139 To The Mayor and Members of City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3139 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @e Dollars and ro � Cents $ Per Lump Sum 2. Lump Sum Traffic Control Ca�lbifee t „cLCgn1 Dollars and A Cents $-�,nn Per Lump Sum 3. Lump Sum Provide Construction Survey Dollars and A, D Cents $1rSo�no Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 500 Sawcut, Cold Mill, Remove, and C.Y. Dispose of Existing AC Pavement @ Dollars and Cents Per Cubic Yard 5. 2,000 Construct 2" A.C. Finish Course Tons o e. Dollars and n� Cents $ D7 $. � d S��7 06D Per Ton 6. 32,000 Cold Mill and Remove 5 -Feet Wide S.F. Variable Thickness Street Pavement @ n Dollars and e Cents $o as- ssA) ' • Jm Per Sqdare Foot 7. Lump Sum Minimum 5 -Feet Wide Header Cut and Removal @_ _Dollars and Nt� Cents Per Lump Sum 8. 15,500 Construct Variable Thickness A.C. S. F. A.C. Finish Course @ Dollars and 0. A tl-�V Ll 0 P Cents $n, c $_T �d Per Square Foot 9. 20,650 Provide and Install New Reinforced S.Y. Pavement Fabric Dollars and Cents $ n. � -C-_ $ LA',2,qa. ad Per Square Yard 0 46 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Construct Variable Thickness A.C. Leveling Course Dollars and t� Cents $(Za-) Per Lump Sum 11. 1,300 Remove and Re- construct PCC Curb LF and Gutter @ Dollars and r� o Cents $ - oC) $�4n 7 coo, C)-b Per Lineal Foot 12. 360 Remove and Re- construct PCC Curb, SF Gutter, and Cross Gutter @ Dollars and Cents $1Qn $a Per Square Foot 13. 1,400 Remove and Re- construct PCC SF Driveway Approach @ bra t` Dollars and c7 Cents $ q, N $,� 0 0 6 Per Square Foot 14. 700 Remove and Re- construct 4" Thick SF PCC Sidewalk @ ce E'__ Dollars and Cents $3.o r� $� inn. oO Per Square Foot 15. 5 Remove Existing Improvements and EA Construct P.C.C. Curb Access Ramp Dollars and �) Cents C) 00­) ) Per Each ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 6 Adjust Manhole Frames and Covers Each to Finished Grade Dollars and O- Cents Per Each 17. 35 Adjust Water and Utilities Valve and Each Sewer Cleanout Frames and Covers to Finished Grade @one Nun�ratseac� C.oeDollars and Cents Per Each 18. Lump Sum Provide and Install Myers Dual Electrical Cabinet, Electrical and Irrigation Conduits and Lines, and Pull Boxes Per Construction Notes No. 14, No. 15, and No. 16. and Cabinet Installation Detail 19 20. @�en3 Dollars and n� Cents Per Lump Sum $ Lao, Lump Sum Install Traffic Striping, Pavement Markings, and Raised Fire Hydrant and Pavement Markers @Crl( AAsn f`fYp�eI.A� E �� ollars a d h > > Cents Per Lump Sum Lump Sum Traffic Signal Improvements at the Intersection of Avocado Avenue and Coast Highway, inclusive of all work shown on Drawing T- 5599 -L @ Loo Dolla and Cents Per Lump Sum r 1 r .(I • • $ Oa ba $c� (0d. Jp • PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21. Lump Sum Traffic Signal Modifications at the Intersection of Jamboree Road and Bison Avenue, inclusive of all work shown on Drawing T- 5713 -S @-�-u,o ik,r ilsel Dollars and ,�-0 Cents $31. JnD . Do Per Lump Sum 22. Lump Sum Remove and Reconstruct Street Section Per Construction Note No. 9. @lp1\e- Dollars and 06 Cents $ O L 0 Per Lump Sum n1�e� 1luiJ� <<� 2 �� u�z �1Se�en�h �rct ert Dollars and ti (� Cents $ 00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) PAI. P, IN(' DPA EXCFL F Date ISF C- rn,lt Bidder's Telephone Number Bidder's License No(s). and Classification(s) Bidder C � . t4AN� Bidder's Authorized Siqqnature and Title C. P. RpnN/N PPFWI 71T Bidder's Address Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashiers check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City 5/97 0 Page 2A Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. E Lf C. am A Contractor's License No. & Classification PALP, INC. DBA I;— MMPANY Bidder Date 5/97 C Authorized SignatureTtle C. P. PrnNN PPFSIDENT Page 3 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. The Bidder, by signing . this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. PO i C AL � C � .-x n4o\-)5or1 I r1r D aAVA Iv\ a 2. "11&61\4 LIT)A+eCe ✓ e2K CA 3. C na C$ a: e C t . ec)n r � to A� q CA 6. 7. 8. 9. 10. 11. 12. PA.I_P, INC. DBA Bidder 5/9] Authorized SignaturelTtle C. P. pInkA N P�FCInFNT State of CALIFORNIA County Of LOS ANGELES On before me,Celeste A. Graham, Notary Publi (DATE) iNAMERITLE OF OFFICEFN.e.'JANE DOE, NOTARY PUBUCI personally appeared Palp Inc. DBA Excel Paving Company INAMEIS) OF SIGNER /VI by C.P. Brown President JK personally known to me -OR- ❑ CELESTE A. GRAHAM 992999 / C0�`Ah1. M �' dp . caw Notary Public - CDIItO(DIO rR a. Q o LOS ANGELES COUNTY '•' `-' MY COMMISSION EXPIRE$ JULY 30, 1997 (SEAL) 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 tome that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tate or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of DOCUment DESCRIBED AT RIGHT: $ipnerls) Ottwr Than Named Above FORM 63240 Rev. 3 -04 )Price class RIGHT THUMBPRINT (Optionall `o Q CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) OCORPORATE OFFICEMS) ITITlf9 OPARTNER(S) OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) RIGHT THUMBPRINT IOptionall 0 e CAPACITY CLAIMED BY SIGNER(S) OINDIVIOUAL(S) ❑CORPORATE OFFICER(S) ITntESI OPARTNER(SI ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) O GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personls) or EntityPes) 7 B State of CALIFORNIA County Of LOS ANGELES On JUN ` 1097 before me Celeste A. Graham, Notary Publi (DATE) INAMEITITLE OF OFFICER4.e.'JANE DOE, NOTARY PUBLIC') personally appeared Palp Inc. DBA Excel Paving Company INAME(S) OF SIGNERIS)) by C.P. Brown President 9 personally known to me -OR- ❑ fCELESTE A. GRAHAM COMM. # 992999 y NBtafy Public - California m i LOs ANGELES COUINTY `M4 ctiirr1A1y IIbNi tkpkR6 JULY 30, 1997 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) � X ISIG�RE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tale or Type of Documem MUST BE ATTACHED TO THE DOCUMENT Number of Popes Date of Document DESCRIBED AT RIGHT: Sipnmla) Other Than Named Above WOLCOTTS FORM 83140 Rev. 3.94 (p,Na clue B -YA) Q1994 WOLCOTTS FORMS. INC. Alt Puttering ACtNOWLEDGMENT WITH SIGNER CApACITYAREPRESENTATION/ O FINGERPRINTS RIGHT THUMBPRINT IOptiomil 0 0 CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUALISI OCORPORATE OFFICER(S) OPARTNER(SI ❑LIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEEISI O GU ARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Penonla) or Entity(iee) RIGHT THUMBPRINT (Optional) e CAPACITY CLAIMED BY SIGNERISI DINDIVIDUALISI ❑CORPORATE OFFICER(S) MTIES1 OPARTNER(S) OLIMITED DGENERAL ❑ATTORNEY IN FACT OTRUSTEEISI OGUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity Veal 7 " "Of t 1 O3L4U ""8 State of California ) ss. nS `.P!rrt....0 County of Page 5 C. P. RP�`NN being first duly swom, deposes and says that he or she is PRf` =N +T of PALP INC. DBA , the party making the foregoing bid; that the bid is not made in ttfeXr f 0esfW .6"ff, OUffli%Wundisclosed 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. it N=� G ' ' " "'' Aut� h ed StgnatureMile C. P r ^nWN PnFCInFNT Subscribed and swom to before me this _day of 19_ [SEAL] Notary Public My Commission Expires: 5/97 0 State of CALIFORNIA County of LOS ANGELES On JUN 1 i ;2 before me Celeste A. Graham, Notary Publi (DATE) J INAMEITITLE OF OFFICERA.e.'JANE DOE. NOTARY PUBUC'I personally appeared Palp Inc. DBA Excel Paving Company INAMEISI OF SIGNERISII by C.P. Brown President 9 personally known to me -OR- ❑ CELESTE A. GRAHAM \ COMM. # 992999 y a Notary Hubuc - California m LOS ANGELES COUNTY MV EOMMISStON EXPIRES JULY 30, 1997 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ISEALI e ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Trtk or Type of Document Number of Pages Date of Document Slgmr(s) Other Than Named Above WOLCOTTS FORM 63240 Rev- 3 -94 (price clan S-2A1 1394 WOLOOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONT O FINGERPRINTS • RIGHT THUMBPRINT (Optionall i` 0 `o CAPACITY CLAIMED BY SIGNERISI DINDIVIDUALISI OCORPORATE OFFICER(S) DPARTNERISI DLIMITED DGENERAL DATTORNEY IN FACT OTRUSTEEISI DGUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personlsl or Entity(ieal RIGHT THUMBPRINT (Optional) 0 CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUALISI OCORPORATE OFFICER(SI IT1nEm OPARTNERISI OLIMITED DGENERAL DATTORNEY IN FACT DTRUSTEE(SI DOTHER: SIGNER IS REPRESENTING: iName of Personlsl or Entitylieal . IIII4'77IIIIIIII I III ILn �I 8 0 0 Page 6 l ■► ► Telavigmuou The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year For Whom Person Telephone CoMp ed Performed (Detail) To Contact Number C" p.- rT,/._CHED PAI..P. INC. Df3A Bidder 5/9'1 Authorized Signaturemtle V ^ ^ ^\nrni VrMDENT EXGIEL PAVINGCkOMPANY P.O. BOX 16405 A GENERAL ENG ERING CONTRACTOR LONG BEACH, CA 908065195 STATE LICENSE NO. 688659 - "A" (310) 599 -5841 C. P. Brown - 33 years experience working for other general contractors with the past 18 years being self- employed in own general engineering contracting business. A GENERAL ENGTOING CONTRACTOR CREDIT APPLICATION Excel Paving Company 2230 Lemon Ave. P.O. Box 16405 Long Beach, Ca. 90806 -5195 Telephone No.: (310) 599 -5841 Fax No.: (310) 591 -7485 or (310) 599 -3679 Type of Business: Paving and Grading Contractor Contractors License No.: 683659 A Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Ave., Long Beach, Ca. C.P. Brown, President In Business since: 10/81 In Location since: 10/81 Leased: Brown & Mills Property Financial position is on file with Dun & Bradstreet, Rating 3A2 SIC No. 1611 P.O. BOX 164os LONG BEACH, CA 9080665195 599,5841 Bank: Home Bank Branch: Signal Hill Telephone No. (310) 426 -8166 Address: 2633 Cherry Ave., Signal Hill, Ca. 90806 Account Representative: Teresa Harvey Checking Account No.: 05-02- 108160 References: Industrial Asphalt 16005 Foothill, Los Angeles (310) 834 -2655 R.E.H. Trucking P.O. Box 217, Chino (714) 591 -0871 Blue Diamond Materials 16080 E Arrow Hwy., Irwindale (818) 856 -6700 Con -Lee Equipment 1782 Pheasant Street, Anaheim (714) 961 -0851 "Special Billing Requirements" Invoices MUSt Show Job Numberto insure speedy payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown Date EXCEL PAVING OOMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806 -5195 STATE LICENSE NO. JEMW (310) 599 -5841 688659 "A" RE PALP, INC. A CALIFORNIA CORPORATION THE UNDERSIGNED, CURTIS P. BROWN, AS THE SOLE SHARE- HOLDER AND THE SOLE MEMBER OF THE BOARD OF DIRECTORS OF PALP, INC., A CORPORATION ORGANIZED UNDER THE GENERAL COR- PORATON LAW OF CALIFORNIA, DOES BY THIS WRITTEN CONSENT TAKE THE FOLLOWING ACTION AND ADOPT THE FOLLOWING RESOLUTIONS: Whereas, Corporation entered into a Stock Purchase Agreement dated December 16, 1993, which provided for the purchase of partnership interests held in Excel Paving Company, a General Partnership (the 'Partnership'), comprised of YAK Corporation and PALP. Inc., Whereas, notice has been received by the Partnership that YAK Corporation desires to withdraw from Excel Paving Company and have its interest acquired pursuant to the terms of the aforedescribed Stock Purchase Agreement; Now, therefore be.it resolved, that the officers of Corporation are hereby "authorized and directed to take any and all steps necessary to effect the terms of the Stock Purchase Agreement; Resolved further, that the officers of Corporation are authorized and directed effective January 1, 1996 to continue all construction operations of the Partnership and to file a fictitious business name for Corporation under the name of Excel Paving Company; Resolved further, that the officers are authorized and directed to take all steps necessary to authorize corporation to continue said operations including procuring the necessary insurance and workers compensation coverages and all other documents necessary in order for Corporation to continue operations and the business of general engineering and contracting pertaining to the construction of roadway, streets and highways; Resolved further, that the officers of Corporation are directed to cause to be prepared an Agency Agreement, which Agency agreement shall provide for Corporation to assume and satisfy the contractual obligations of the Partnership pending completion of all existing Partnership contracts con- templated to be completed on or before November 30, 1996; Resolved further that upon the determination of the 0 0 amounts due and payable to YAK Corporation, pursuant to the terms of the Stock Purchase Agreement, that the officers of the Corporation are authorized to enter into any and all purchase documentation executing all notes or any other documents necessary to facilitate the purchase of YAK's interest in Excel Paving Company, a California General Partnership. Resolved further, that the following officers of Corporation are hereby elected to serve in the offices set forth after their respective names effective as of execution hereof with their respective terms to continue until their successors are duly elected and qualified: Curtis P. Brown Curtis P. Brown, III Carolyn J. Brown Michele E. Drakulich George R. McRae Candus M. Stewart President and Chief Financial Officer Vice President Secretary Assistant Secretary Senior Vice President Assistant Secretary This consent is executed pursuant to Sections 307(b) and 603 of the Corporations Code of the State of California and the By -Laws of this corporation, which authorize the taking of action by the Board of Directors and Shareholders by unanimous consent without a meeting. Dated: December 1, 1995 C T L CURTIS P. BROWN, SHAREHOLDER and Sole Director EXCEL PAVING &OMPANY P.O. Box 16405 A GENERAL ENGI ERING CONTRACTOR LONG BEACH, CA 908065195 STATE LICENSE NO. 454186 A (310) 599 -5841 Bonding Agent: Douglas A. Rapp Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: 800 457 -1003 Fax: 714 457 -1070 Surety: Federal Insurance Company 801 South Figueroa Street Los Angeles CA 90017 Office: 213 612 -5573 EXCEL PAVING fOMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659 A . P.O. BOX 16405 LONG BEACH, CA 90806.5195 (310) 599 -5841 REFERENCE LIST.AS.OF JANUARY, 1997 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Larry.Kayes,.:Inspection (310) 570 -6771 2. Burbank - Glendale- Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840 -9456 or (818) 840 -8840 3. Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Ron Price, Construction Division (818) 458 -3100 JW CLUSIL FROM JANUARY 1993 TM MIT 1996 - ---- ---- - - ----- = = = = — PAGE 1 FINAL EST JOB AGENCY PROJECT TYPE OF CONTRACT :COMPLETION No OR Dan LOCATION w AMOUNT DATE BE ME BG it KS LB ; VH ; BE BE BE ; ME ; VB ; BE ; BE ; BE ; BE BE BE BE VH ; BE ; LB ; VH ; ME ME LB ; ME BG ; BE ; BE ; LB ; 111 BF BE LB LB ; RI DC ME VH ; a i VH ; ME BG LB BG ; VH Dc BG ; KS DC ; LB ; BC DC 1454 81188AWGLEN /PASA.AKPRT,NTiH 1971 SANTA WIN C/0 1135 NEW, INC. 2155 IACPM) 2122 BNTLNGTON BEACH, C/0 2032 SO PAC TRANS 1388 CALTRANS 1896 LACDPW 2385 2118 2440 1871 1210 2055 2030 1153 1951 2351 2234 2663 1860 2642 2056 1585 2124 2214 2500 2552 2447 1631 2023 2219 2037 2087 2407 1374 1643 2110 2621 1541 2136 2252 2111 2569 2377 2643 2046 2266 2526 2475 2411 2506 2551 2594 2092 CALTRANS LB LAM SAN CLIAM, C/O CULVER CITY, C/O NBBANK/GLFN /PASA.APRT.AUTI LB LA DEPT OF AIRPORTS LB LAM ANAHEIM, CIO LACDPW IACDPW CARSON, C/0 SO PAC TRANS C.W. DRIVER SAN CLOf1il'E, C/0 PASADENA, GO SO PACIFIC RAILROAD CALTRARS IACDPW BEVERLT HILLS, C/0 INGIRiIOIA, C/0 SUMMA CORP LOITA, C/0 MRIBANR/GLEN /PASA.ARPRT,AHIH RANCHO PALOS VIM 1PL KOLL COSST. CO. COSTA MESA, C/o SWINERTON t KRERG - ANAHEIM, C/o IACPBD SANTA MONICA U.S.D. CALTRANS OLTMA MILLIE 8 SEVERSON PLCK/JONES LB MMMIAL MEDICAL CENTER S.F.S. ASSO. II nw, C/0 SWINERTON A WILBERG LA LAUSD WATSON LAND CO, BAIJAWN PARR, C/0 DEPT, OF ICE NAVY 1993-1996 B RBANK AIRPORT SOLFDAD CIN RD /SAND SANTA ANITA FASHION SPRING ST. PHASE I VARIOUS LOC, HUN1'INGTON BC GM" BUT BAWLOT, IND 405 FN7, LA BEVFRLT BLVD. DEVONSHIRE 2nd ST, LB CRENSHAW BLVD., TORRANCE CAMINO DE ESTRELLA SEPULVEDA SAN FFMOANDOB TAXIMNT A INFRA.STRIICIURE, PHASE 4 SERVICE BD F., LA SPRING ST., LB TELEGRAPH RD., COW CONVENTION NAT NOB)OA1M: BLVD NARIM AVE., LOITA VRS LOC., C/0 CARSON 2850 TERN ST.,IA 15105 MISSION HILLS RD AVENIDA PICO VHS ST, PASADENA 650 S. STIMPSON, BEACH BLVD 0 5 IN 3RD ST. WORD DRIVE LA CIENEGA BLVD, INGLENOOD CFNTINELA 263rd ST., ET AL MY 15/33 SILVER SPUR RD 4800 OAK GROVE DR., 4 11239 VFN1118,1, S11ID10 CITE VICTORIA ST, CALSTATE FULLERTON MANCHESTER 0 LOW ST MAIN ST,COPIDN VICINITf SANTA MONICA US RTE 10. LA ORANGB/OLIVE ISLAND 455 COLUMBIA ST„ LB 5927 W. IMPERIAL HK 2801 ATLANTIC BLVD.,LB 10737 SHOEMAKER AVE SFS 16TH ST, UPLAND DEVRF INSTITUTE, LB N08MANDIE AVE, IA S/E AREA MIDDLE SCH /CUDAHT INTERMODEL OT VRS LOC, BAIDAIN PARK IDS ALAMITOS, DEPT OF HAVE 5,603,43 : 3,771,335 3,578,311 3,226,726 2, 859, 489 2,684,479 2,493,229 2,394,186 2,387,136 2,298,139 2,251,177 1,796,493 1,743,340 1,682,637 1,642,688 1,473,349 1,461,949 1,365,320 1,219,559 1,172,151 1,136, 480 1,130,025 1,100, 446 1,086,920 1,066,306 895,215 894, 592 858,671 791,047 783,116 753,356 668,668 635,576 634,297 619,763 599,327 596,84A 589, 025 546,353 542,280 539,353 514,862 514,075 506,060 499,753 493,748 481,666 475,211 468,119 464,617 441,079 441,072 439,548 408,873 395,694 08/30/95 06/15/94 08/30/94 08/14/94 03/20/95 06/09193 11/30/95 06/15/93 06/28/95 01/07/94 10/30/95 11/23/94 10/31/94 02/28/93 03101/93 11/09/94 11/02/92 10/30/94 03/30/94 04/30/96 02/28/93 12/30/95 04/20/93 08/31/94 10/30/93 04/30/94 09/30/95 11/01/95 01/30/95 10/30/95 12/07/92 05/20/94 12/14/92 02/28/93 02/28/95 11/30/95 05/20/94 11/30193 12/30/95 12/30/95 08/31/93 04/21/94 05/30195 12/30/95 03/30/95 03/10/96 06/28/94 08/31/94 06/30195 01/30/95 03/10/95 09/30/95 01/30/96 08/30/95 07/31/93 i` STATEMENT OF EXPERIENCE 1 . AGENCY OR OWNER PROJE LOCATION ION TYPE OF WORK* S AMOUNT COMPLETE z SOIL LCONTROL i12/90� LEVER BROTHERS 6300 E. SHEILA ST., COMMERCE TREATMENT 6 DUST 6,970 HOME BANK 1217 N. CATALINA, RED. BEACH SEAL 6 STRIPE 2,810 01/91 BOWERS TRACTOR SERVICE, INC. 1300 S. BEACH, LA HABRA AC TRENCH PATCH 2,470 11/90 L.B. COMM. COLLEGE DIST. ALAMEDA 6 MAY AVE.. LB PARKING LOT CONSTRUCTION 74,400 01/91 CBE DISTRIBUTION 2225 MINER ST., SAN PEDRO AC RAMPS TO SCALE 1,800 12/90 " HUNTER CORP. TRABUCO CANYON SEWER TRTMENT AC PATCHING 600 01/91 JOHN MALLOY CRISWALD ST., SAN FERNANDO AC PATCHING 3,900 12/90 POMONA VALLEY EQUIP. 2010 W. 7TH ST., LONG BEACH AC TRENCH PATCHING 13,824 12/90 RICHARD LANE 11101 HENDRY. G 111TH, LA TRENCH PATCH 1,585 02/91 C/O HIDDEN HILLS 5151 ROUND MEADOW, CALABASAS STIRPING 2,520 03/91 Sl(!:r.A Pl,r 1F1C F,UrHAIM A!C ^11f.T TVFNCY PAT[N 1,4L7 01/ 1 L'1'iY OF LOS ANGELES VAN NUYS 131VU. STGFL: Il1PROVEALUT1 54,2e1 U5/ill DINWIDDIE CONTT. CO. 1200 GETTY CENTER DR., LA CLEANING. GRADING, STRUCTURE 113,749 01/91 ELMORE PIPE JACKING LAX - BEHIND TAXI PKG., LA AC PATCH 1,800 01/91 J.W. STEPHENS ELEC. 4100 WOODLEY AVE., VAN NUYS STREET IMPROVEMENTS 1,650 02/91 KAJIMA INTERNATIONAL, INC. 201 CENTRE PLAZA DR., MORI. PARK TEMPORARY ACCESS ROAD 11,774 01 /91 CALIF. STATE UNIV. DOM HILLS 1000 E. VICTORIA ST., CARSON CONCRETE BUS PAD 27,453 05/91 RAWLINGS MECHANICAL CORP. LAPHAM ST., EL SEGUNDO TRENCH PATCH 2,000 03/91 DINWIDDIE CONTT. CO. 1;00 r.FTTY CENTER DR., L.A. ROAD CONSTRUCTION 48,872 05/91 ADVANCED MECHANICAL CHLVRON REF., EL SEC.UDUU TRENCH PATCH 1,751 (!3/111 CARNEY BRFOTHERS, INC. 1200 VISTA DEL MAR, L.A. PAVE TRENCH 12,804 03/91 RAYMOND DOLLAR 1919 SANTA MONICA BLVD. A.C. PATCH 7,240 05/91 SINCLAIR CORP. PRINCESS 6 14 FWY, NEWHALL A.C. PATCH 2,275 05/91 SINCLAIR CORP. 7TH ST. 6 BELLFLOWER, L.B. A.C. PATCH 2,375 05/91 BURB /GLEN /PASA AIRPORT AUTH. 2627 HOLLYWOOD WAY, BURBANK A.C. PAVING 26,942 05/91 AMERICAN LANDSCAPE CULVER @ MADISON, CULVER CITY PARKING LOT 107,750 10/91 CITY OF REDONDO BEACH AVE. G 6 PCH, RED. BEACH STREET CONSTRUCTION 99,969 08/91 ADVANCED MECHANICAL 3855 LAKEWOOD BLVD., L.B. TRENCH PATCH 850 05/91 SHEA TAYLOR LAX - BRADLEY TERMINAL MISC. A.L. PATCH 2,000 07/91 JOHN MALLOY EUCLID 6 VARIOUS, FULLERTON TRENCH PAVE 31.400 06/91 CITY OF SIMI VALLEY SYCAMORE 6 ROYAL STREET REHABILITATION 96.974 07/91 SCHULTZ MECHANICAL 223RD 6 WILMINGTON, CARSON TRENCH PAVE 1.982 07191 MCC CONSTRUCTION 2531 E. 67TH ST.. N.L.B. A.C. PATCH 1,700 05/91 ADVANCED MECHANICAL 324 W. EL SEGUNDO BLVD-, E.S. A.C. PATCH 2,600 05/91 JPL ROAD "A" RESURFACE G SEAL 13,218 10/91 THUMS LONG BEACH PIER "G" A.C. PATCH 3.900 07/91 RAWLINGS MECHANICAL XI NORTHROP AVE.. HAWTHORNE TRENCH PATCH 3.003 07191 BILL ROGERS ORANGE AVE., SIGNAL HILL FINE GRADE AND A.C. PAVE 2,315 07/91 L.A. CO. PUB. WORKS PCH, HARBOR CITY RETAINING WALL 68,869 08/91 ELKS LODGE 4101 E. WILLOW ST., LONG BEACH INSTALL RIGHT TURN LANE 40,128 08/91 CITY OF LOS ANGELES SOTO ST. 6 6TH ST., L.A. TUNNEL CLOSURE 18,369 08/91 HINES INTEREST 601 SO. FIGUEROA ST., L.A. STREET RESURFACE 17,950 06/91 CALTRANS FAIRFAX AVE. 6 10 FWY.. L.A. PARKING LOT 60,713 11/91 CALIF. FAIRS FINANC. AUTH. 88 FAIR DRIVE, COSTA MESA A.C. PATCHING 6 RESURFACING 96,669 07/91 CONVERSE ENVIRONMENTAL 1780 CLARK ST., LONG BEACH TRENCH PATCHING 920 07/91 L.A. CO. SANT. DIST. VARIOUS LOCATIONS, TORRANCE STREET PATCHING 4,500 07/91 SCHULTZ MECHANICAL CHEVRON, EL SEGUNDO FINE GRADE 6 A.C. PAVE 27,187 07/91 PECK /JONES NORTHPOINT, HOWARD HUGHES CNTR STREET IMPROVEMENTS 32.400 12/91 -. -SILVER-SPUR ASSOCIATES . -.. 700-SILVER SPUR, PALOS- VERDES.- ._._A.C..PATCH- ­-­-- LEVER BROS. 6399 E. SHEILA ST., L.A. - A.C. REMOVALS 6 REPLACE 64,471 09/91 BURBANK AIRPORT 2627 HOLLYWOOD WAY, BURBANK A.C. PATCH 3.000 08/91 PECK /JONES WILSHIRE 6 RODEO, B.H. A.C. PATCHING 10,000 08/91 CHEMICAL WASTE MANAGEMENT 11559 NORMANDIE, L.A. A.C. SPEED BLIMP 1,500 08/91 - AGENCY OR .OWNER PROJEMOCATION TYPE OF WORT T AMOUNT COMPLETE z s.. :.... �z. .................. CzD I. ELECTRIC, INC. INC #I N UP AVE, HAWTHORN[ HINGf ^C ' 39008/9;. GCI CONSTRUCTION FIRESTONE CENTER, NORWALK A/C PATCHING 1,650 00/91 FLUOR DANIEL, INC. - UNOCAL, WILMINGTON A/C TRENCH PATCHING 16,000 10/91 JPL 4800 OAKGROVE, PASADENA A/C RESURFACE 5,984 08/91 BELLAMARINE- JEFFERSON H.S. A/C PATCHING PARKING LOT IMPROVEMENTS 7,800 08/91 ARB, INC. 1022 E. SEPULVEDA. CARSON BASE 6 PAVE 52,020 11/91 CITY OF OCEANSIDE STATE TREE DR., OCEANSIDE STREET WIDENING 157,634 11/91 CITY Of L.A. /DWP ARTESIAN ST. P AVE. 26, L.A. A/C PAVE 7,007 10/91 LBUSO BARTON ELEME14TAIZY VLYGI:NU RESURF. G CONC. FENCE 284,568 11/91 E G R ELECTRICAL 9TH 6 HARBOR FWY, L.A. TRENCH PATCH 7,000 09/91 MOBIL OIL CO. - 3700 W. 190TH, TORRANCE A.C. PAVE 5.145 (19/91 .JENKIN CONSTRUCTION CO. LAMBERT G PUENTE, BREA TRENCH PATCH 7.000 09/91 S!:M170140 C0I4STISIGTION S/v C(IRHf I' AT111RTOI: ` 1•.V 1Rf PCH ('A %'C '..762 09/ 1 CITY UI CORONA CUTE. S1. C ini GRATM DRIVE SIIL OCVCL01'F1CI11 1'Ih I,1 L f.1 140,134'} 12/41 OCT PROSPECT G BERYL, RED_ BEACH IRENCH PATCH 2,000 O9 /91 G.L. WILKINS, INC. 19234 SATICOY ST., RESEDA TRENCH PAVE 1,590 09/91 ARMSTRONG REFINERY 5037 VATATA S1., SOUTH GATE PARKING 101 PAVE. 7,406 09191 UNOCAL IbbO W. ANAHEIM (:BADE G AC PAVE 13,488 09/91 L.A. CO. SANT. DIST. 4125 W. VALLEY BLVD., WALNUT GRADE G PAVE 224,647 11/91 RAWLINGS MECHANICAL I NORTHRUP AVE., HAWTHORNE TRENCH PATCH 2,000 10/91 CONL'EY COMPANIES 22627 HOLLYWOOD WAY, RHURANY, TAXIWAY ORIVL 16,104 11/91 ADVANCED MECHANICAL BUSCH, VAN NUYS 1RLIICH PAVC 1,200 11 /91 ADVANCED MECHANICAL CHEVRON USA, EL SEGUNDO TRENCH PAVE 800 10/91 L.A. CO. SANT. DIST. WORKMAN MILL ROAD, WHITTIER CONCRETE STORAGE PAD 16,169 01792 SHEA TAYLOR IMPERIAL 6 VISTA DEL MAR, L.A. ROADWAY PAVE 3,500 10/9) L.A. DEPT. Of AIRPORTS TAXIWAY "F". LAX PETROIVT 14,632 11/91 808 HILL CRANE 201 SO. LAKE ST., PASADENA TRENCH PATCH 500 11/91 ADVANCO CONST. DIVISION /BENNETT, L.B. ALLEY RECONSTRUCTION 17,516 12/91 JENKIN CONS7. 2650 LIME AVE., L.B. PARKING LOT PAVE 2,166 11/91 CITY Of CYPRESS CEDAR GLEN PARK PARKING LOT REPAVE 21,905 03/92 JENKIN CONS7. CHEVRON REFINERY, EL SEGUNDO TRENCH PATCH 5,640 11/91 CHR CONST., INC. MIRA14AR SHERATON HOTEL, S.M. STORM DRAIN SYSTEM 14,280 11/91 RANCHO PALOS VERDES NARCISSA G SWEET BAY DR. ROAD REPAIR 2,760 11/91 BRIAN DONALDSON 2201 WILLOW ST., LONG BEACH PARKING LOT PAVE 3,600 11/91 THUMS LONG BEACH PIER J DRILL SITE TRENCH PAVE 2,628 11/91 THUMS LONG BEACH ISLAND CHAFFEE TRENCH PAVE 20,000 01/92 THE P.Q. CORPORATION 8401 QUARTZ AVE., SO. GATE RECONSTRUCT ROADWAY 23,278 12/91 WEST CENTURY 102 3710 -32 -34 11. CENTURY, INGLEWOOD SfOR11 DRAIN 2,100 12/91 MIRON ELECTRIC 4800 OAK GROVE DR., PASADENA TRENCH PAVE 1,956 01/92 CITY OF INDUSTRY PHOENIX DR. 6 ROBIN WAY A.C. OVERLAY ST. 24,544 01/92 JK8 CONS7. CO. 7272 -3280 MOTOR AVE., L.A. STREET IMPROVEMENT 38,028 12/91 PREFERRED PUBLIC STORAGE 5351 JURUPA ST.. ONTARIO SITE DAMAGE REPAIR 27.255 12/91 LONG BEACH COMM. COLLEGE CLARK 6 CARSON, LONG BEACH SEAL G STRIPE 12,500 01/92 LAKEWOOD BATTING CAGES 3901 PARAMOUNT BLVD., LAKEWOOD SEAL G STRIPE 2,310 01/92 RANDLE ENTERPRISES 1512 W. 7TH ST., LONG BEACH TRENCH PATCH 7,500 01/92 JOHN HOPPS 1878 TORRANCE BLVD. SEAL 6 STRIPE 3,200 01/92 THUMS LONG BEACH PIER J TRENCH PAVE 4,000 01/92 EMPIRE PROPERTIES VARIOUS - PATCH PARKING LOT REPAIR 8.029 02/92 GORE DEVELOPMENT ORANGEWOOD CHILDREN'S HOME AC PATCH 1,485 01/92 SCHULTZ MECHANICAL WOOLSEY CANYON RD. - CHATSWORTH POTHOLE PATCHING 3,480 01/92 RAWLINGS MECHANICAL _.. #1 NORTHRUP AVE.., HAWTHORNE __ _TRENCH PAVE- . - ---. - - - -- 2,000 - 02/92._ .. HOFFMAN ELECTRIC 12723 E. 166TH, CERRITOS TRENCH PATCH 5,950- 02/92 GENERAL CONSTRUCTION BERTH 91, SAN PEDRO TRENCH PATCH 800 02/92 CALEX ENGINEERING 3700 E. SOUTH ST., LAKEWOOD MISCELLANEOUS PAVING 1.993 0,/92 FLOUR DANIEL UNOCAL REFINERY. WILMINGTON A.C. PATCH 4,500 04/92 HOFFMAN ELECTRIC PCH 6 MAIN ST., HUNT. BEACH TRENCH PATCH 1.700 02/92 GETTY TRUST 138 PALISADES, SANTA MONICA TRENCH PAVE 825 04/92 SO. PACIFIC TRANSP. CO. 2850 KERR ST., L.A. ROAD REPAIR 4,138 03/92 - STATEMENT OF EXPERIENCE AGENCY OR'OWNER'' - PROJECT LION TYPE OF WORK S' AMOUNT COMPLETE s cce _ -_ _ cseasscsce cc`.B. _ cccc ..TRENCHLPATCH�c ccc>c. = :ccccccc_ ..893scc02 c HOFFMAN ELECTRIC NAVAL SHIYPYARDcx /92c: MORLEY CONST. CO. CANOGA E OXNARD, L.A. TRENCH PATCH 1.125 03192 AMERICAN AIRLINES 7000 WORLD WAY WEST, L.A. PCC PAVE 15.155 04/92 JET PROPULSION LABORATORY 4800 OAK GROVE, PASADENA TRENCH PATCH 1,260 03/92 PLUMBING SYSTEMS INC. 2157 ST. a CHERRY AVE., S.H. TRENCH PATCH 800 03/92 A.W. STEPHENSON PIER F /BERTH 206, LONG BEACH SITE PAVE 5.122 03/92 SUMITOMO BANK OF CALIF. 11745 OLYMPIC BLVD., L.A. PATCH, SEAL G STRIPE 5,429 04/92 JILLIAM ROGERS 1250 E. SECOND ST., L.B. PARKING LOT 5,205 04/92 STO CORPORATION NEECE G 42ND ST., TORRANCE RECONSTRUCT ROAD 14,713 04/92 tA} AktAtkkttt [Ai # #AS #A #t #AAt #ktx #k #tz }t #t #t # Sk## k## ktkktxtt #tAA #it #tt #Rk # #AAltAtAA #kRA t# A# AkkAA #ARAkitAtktR }kkkRk #ttA #ti# #i! #i PAGE 1 JOB NUN Ll 25- Nov -96 # #kStAt3 #tttA#t# #kA #kki#k #t# kkA #St1#Rf lkttttt #tRk #tk #kA # #AkttAlttt klitiiAtltAtititARtitkAAR AAAR k #tttA# Alit! #f tAAAf kt }tAkRit AtlAiiitli CONTRACT CONTRACT PERCENT DATE JOB# OWNER LOCATION - - - CITY AMOUNT COMPLETED kiAkzA ------------------------ 8131.196 11101!96 297O LACPWD STOCKER ST La 135.807 08 1 l!O1i96 2969 AT & SF RAILWAY CO 6300 E. SHEILA. ST COMMERCE 57.121 01 10129/96 2968 BALDWIN PAE.K. CIO BALDWIN PARK BLVD 3ALDWIN PARK 406.711 01 1Oi25196 2967 KRINITT CONST 2828 BUTLER ST LYNWOOD 10.753 01 10i25196 2965 IEWHALL ELECTRIC. INC. 5981 VENICE CULVER CITY 3.700 0l 1Oi24196 2965 NUNAHR. INC. FOX HILLS HALL CULVER CITY 397.000 0l 10124196 2964 SO PACIFIC BLOOMFIELD AVE CERRITOS 14.030 0l 10122196 2963 GREGG DRILLING & TESTING GAVIOTA ST SIGNAL HILL 20.443 01 10122196 2962 ARIMA CORP 3171 N. GAFFEY SAN PEDRO 39.574 01 10!18196 2961 SD PACIFIC PACIFIC & RANDOLPH HUNTINGTON PARE 8.968 01 10117196 2960 KAISER PRRHANRNTE 12200 BELLFLOWER DOWNEY 147.604 01 10116!96 2959 CT & F. INC ROCKVALE A BASELINE AEUSA 6.252 01 10116196 2958 DALCIN CUMMINGS ASSOC 21 WASHINGTON BLVD VENICE 15.165 01 10!15196 2957 BUENA PARK. C/O STANTON AVE & 7TH ST BURMA PARK 1.603.325 01 10115!96 2956 INDUSTRY, CIO ARRNTH AVE INDUSTRY 184,925 OS 10110196 2955 UNIVERSAL PIPELINE 120TH A CENTRAL LA 5.138 01 10/09/96 2954 UCLA PORTALO DR LA 9.194 0l 10108196 2953 UNIT CORSI 20945 S. WILMINGTON CARSON 4.898 01 10i0B06 2952 OIL OPERATORS 32ND ST SIGNAL HILL 33.620 0l 10!07196 2951 MACERICH BRISTOL CENTER SANTA ANA 1.550 Ol 10103196 2950 SPRR STATEIBOYLE HUNTINGTON PARK 7,758 01 10102196 2949 LOS ANGELES, CIO 162ND ST. LA 796.557 01 10102196 2948 LA HABRA, CIO VARIOUS STREETS LA HABRA 269.685 0l 09130196 2947 BCI LOUISE & HOLLIS LYNWOOD 2.400 Ol 09i3Oi96 2946 BURBANK. CIO HOLLYWOOD WAY BURBANK 311.204 01 09127i96 2945 KAISER FOUNDATION HEALTH PLAN 4733 SUNSET BLVD LA 1 1.150 111 09!26196 2944 MESA CONSTRUCTION 2101 GAFFEY ST SAN PEDRO 8.615 Ol 09125196 2943 ELECTRO CORSI. CORP M.L. KING & VERMONT LA. 20.149 01 09125196 2942 MATT CONST CORP 3390 HARBOR BLVD COSTA MESA 3.000 01 09124/96 2941 LOS ANGELES. CIO 120TH ST LA 1.848.339 01 0912096 2940 REBMANN CORSI CO ULTRAMAR REP WILMINGTON 15.000 01 09!16196 2939 CERRITOS, CIO BLOOMFIELD AVE CERRITOS 888.938 Ot 09117196 2938 ABBAS RAEEIA HAWRTORNE BLVD LAWNDALE 10,980 01 09117196 2937 RAISER FOUNDATION HEALTH PLAN 5971 VENICE BLVD LA 12.231 Ol 09117!96 2936 MATT CONST COMP OLYMPIC BLVD LA 124.036 01 09117196 2935 US DEPT OF JUSTICE 2001 SEASIDE SAN PEDRO 7.748 O1 09117196 2934 REBMANH CONST CO UNOCAL CARSON 18.614 O1 09!17!96 2933 CT & F. INC. MISSION A ENCINITAS ROSEMEAD 6.160 01 09117196 2932 RUDOLPH & SLETTEN. INC 10201 W. PICO LA 5.514 Ot 09116196 2931 LOS ANGELES, CIO ADAMS BLVD LA. 96,575 01 091131.96 2930 DIRWIDDIE CONST CO 10170 GALAXY WAY LA 21.093 01 09iD5196 2929 SO PACIFIC CERRITOS AVE ANAHEIM 5.000 01 09!04196 2928 CULVER CITY. CIO SEPULVEDA BLVD CULVER CITY 1.483.925 DI 08129196 2927 COMMUNITY FENCE INC. LA COLISEUM LA 2.261 371 08128196 2926 CT & I. INC. FOOTHILL LA CANADA FLINTRIDGE 10.803 01 08127i96 2925 AMELCO CSU LONG BRACH LB 8.000 301 08127196 2924 ADVANCED MECHANICAL 3200 E. 29TH SIGNAL HILL 500 111 08126!96 2923 LAUSD CHARNOCK HD SCHOOL LA 131.786 11 06126196 2922 LAIRD RICHLAND AVE LA 149.786 11 08123196 2921 PALISADES PRIDE. INC. SWARTHMOEE AVE PACIFIC PALISADES 335.557 11 08/22/96 2920 SO PACIFIC NORDOFF & CANOGA LA 17,069 501 08121196 2918 MATT CONST CO 250 SO ROSSMORE LA 3.665 331 08120/96 2917 POEZO CONST COMPANY NORRIS CANCER HOSPITAL LA =.848 Ol tttxttttx Atttt ;tixt3tttzAtttxttxttttttk #tYtt xt# xttxxzltxxtttxtxtxttttltxttxtttxttxttitx tttAttttttittittxriFtitttltt .t3tttAtttt -PAGE 2 JOB NUMBER Lis 25- Nov 96 ttAttktx #tt3xtttxttl txAtttktttktttttxttttttltkttxtttttttt ti t #ttttxttltM 2222222# tttAltfxtt #xtzlxttittt #txttiltitix #Hitt #ixttttAtixtl CONTRACT CONTRACT PERCENT DATE JOB# OWNER LOCATION - - CITY ANOUNT CONPLETED tttttt - ---- - - - - -- 8r !1196 08219196 2916 PANGBORN PLUMBING F02 STUDIO LA 1.400 100% 0814!96 2915 FWD . 11301" PV DR ROLLING BILLS 08113196 2914 US NAVY 800 SEAL BEACH BLVD SEAL BEACH '.000 15$ 08,'011'96 2913 TORRANCE. C/O VAR2CUS LOCATION TORRANCE 500.439 3$ 08;05196 2911 CALTRANS PCH SANTA NONICA 599.775 3$ 08!01196 2910 LACPW CENTR.A3LIA ST LA 422.492 it 07i30196 2908 CALTRANS ROSEMEAD BLVD TEMPLE CITY 23.091 19 0712'?/96 290? COAST COMMUNITY COLLEGE DIST GOLDEN WEST COLLEGE HUNTINGTON REACH 470.400 20$ 07118196 2905 CULVER CITY. CIO WARNER PARKING LOT CULVER CITY 137.904 34$ 07117196 2904 PORT OF LA EARLE ST. REALIGNMENT LA 797.100 0$ 01!17196 2903 SPRR SANTA. FE A RANDOLPH HUNTINGTON PARK 6.726 100$ 07116196 2902 MATT CONSTRUCTION BRENTWOOD CIRCLE GATE LA 109.558 25$ 07112196 2901 SCE 2401 s. PCG WILMINGTON 57.800 92$ 01i12196 2900 LONG BEACH, C10 CARSON ST LB 399,665 2% 07!12196 2899 LONG BEACH. CIO ATLANTIC AVE LB 229,840 it 07110196 2898 ARBORETUM DEVELOPMENT OLYMPIC A CLOVERFIELD SANTA MONICA 83,447 97$ D7109/96 2897 PEPPER CONSTRUCTION NEWTON AREA POLICE STATION NEWTON 26,744 83$ 07108196 2895 LA. C/O ALLEYS W/O CENTRE ST LA 220,668 It 07105196 2894 LAUSD VARIOUS LOCATIONS LA 1 0$ 07103196 2893 SANTA CLARITA. CIO 15TH A WALNUT SANTA CLARITA 293.125 1$ 07101196 2891 HIDDEN HILLS, CIO ROUND MEADOW RD BIDDEN HILLS 73.224 60$ 07101796 2889 LADED CARBON SCHOOL CARSON 86.494 89% 07101196 2888 CALIF DIV OF STATE ARCHITECT DMV FULLERTON FULLERTON 123.290 I$ 07101/96 2887 LACPW STUDEBAKER ROAD LA 163.393 3$ 06127196 2884 PASADENA, CIO VARIOUS LOCATIONS PASADENA 1.569.386 12$ 06124196 2882 WEST HOLLYWOOD, CIO ST. REHAB. VARIOUS LOCATIONS WEST HOLLYWOOD 286.964 18 06124196 2881 LOMITA, C/O 24302 ESHELMAN AVE LOMITA 178.480 23$ 06!21196 2880 LACPW LATIGO CYN. RD MALIBU 673.853 I$ 06121/96 2879 ANAHEIM. C/O IMPERIAL HWY ANAHEIM 342,742 86$ 06121196 2678 LACPW 120TH ST WILLOWBROOK 384.741 23$ 06ii8196 2877 CERRITOS. C/O 166TH ST IMPVTS CERRITOS 519,919 32$ 06117196 2876 GLENDORA. C/O CARTER DR. ET AL GLENDORA 63.697 96% 06/17196 2875 McCARTHY PACIFIC DIVISION 4101 TORRANCE BLVD TORRANCE 2.392 160$ 96il7196 2874 CULVER CITY. CIO JEFFERSON BLVD CULVER CITY 317,729 98$ 06il4196 2813 CYPRESS, CIO VARIOUS LOCATIONS CYPRESS 349.701 all 06,114196 2872 CYPRESS. CIO STANTON CHANNEL/ BIKE TRAIL CYPRESS 8.828 I$ 06711196 2869 DINWIDDIR CONSTRUCTION CHURCH LANE LA 40.593 95$ 06110196 2868 MONROVIA. CIO VARIOUS LOCATIONS MONROVIA 244.938 99$ 06110/96 2867 DINWIDDIR CONSTRUCTION SEPULVEDA # GETTY CENTER LA 32.255 70$ 06101196 2866 MATT CONSTRUCTION SUNSET AT BRENTWOOD LA 5.000 39$ 0004196 2864 LA DEPT OF AIRPORTS VAN NUYS AIRPORTS VAN NUYS 1,067,851 100$ 86104196 2863 BEST GROUP, INC. 14411 CABRITO RD PANORAMA 191.280 0$ 06;03196 2861 LAWNDALE. CiO VARIOUS LOCATIONS LAWNDALE 13.300 91$ 06i03196 2860 SIGNAL HILL. CIO CALIF A SPRING SIGNAL HILL TAM 98$ 05131196 2858 POMONA. CIO VARIOUS LOCATIONS POMONA. 728,877 I$ 05123196 2854 DINWIDDIE COMET E.L.A. ALLEUS ET AL LA 269.443 93% 05122196 2853 DINWIDDIR COAST 10201 W. PICO LA 20.723 79% 05122196 2852 CYPRESS. CIO CRESCENT AVE CYPRESS 74,471 33$ 05120/96 2851 CALTRANS G.G. FWY VARIOUS CITIES GARDEN GROVE 328.095 97$ 05117196 2849 MATT COAST RIVERSI081HOLLYWOOD BURBANK 35,166 100$ 05/17196 2847 LONG BEACH, CIO ORANGE AVE IN 326.979 93$ 05116196 2842 GARDENA. C70 ROSECRANS A WESTERN GARDENA 174,883 98% zttttrtrzxxxxiitxtzzztxtttztxxxtxxxtxt# tit�tAiiitzxxxzxiitittxtttixitxtiAtttiiiAizxtAA ix RAxtAitixRixxiixixxxi #ttitiARitttxixt PAGE 3 JOB NUMBER LIS 25- Nov -95 iR # # #iit *Ait *AA # #xAttxtAittRA *tit* tit t Attxttt **tit* ititttt it*** **it tit "it #xtttttt Itt *AititxxtttAAtttit# *tit t xxtAtAAtx tit it it Mt it it CONTRACT CONTRACT PERCENT DATE JOBS OWNER LOCATION CITY AMOUNT COMPLETED ------------------------------------ Aitxtx --- -- ------------- ------------- ----------------------------------------------------------------- 8:31196 05i16i'36 2841 GARDENA, C10 ROSECRANS A VANNESS GARDENA 564.217 1009 0;•!13196 2838 LOYOLA MARMOUNT UNIV MAN—;ESTER i LINCOLN LA 228.525 969 051113196 2837 LAUSD POMiLO DR SCHOOL CANOGA PARK 94.100 999 05,113!96 2836 CALTRANS PCH LA 594,415 939 05!10!96 2833 LUNG BEACH. CIO DE;: AMO BLVD B 211,483 999 05103196 2831 LAUSD CLEVELAND HIGH SCHOOL RESEDA 344.349 709 04124196 2820 CHARLES PANKOW BUILDERS GLiRDALE GALLARIA GLENDALE 12,950 859 04123196 2818 LOS ANGELES. CIO HARBOR DIST ACCESS RAMPS 41 LA 66.990 989 04116196 2812 CT4F. INC. OLYMPIC BLVD BEVERLY HILLS 21,700 09 04109/96 2607 DOWNEY. CID FIRESTONE Y PARAMOUNT DOWNEY 7,027 259 04108196 2806 MATT CONSTRUCTION MOBIL REFINERY TORRANCE 144,501 999 04105196 2805 SO PACIFIC RAILROAD ALAMEDA AT CARSON CARSON 4,168 09 04!04196 2803 POZZO 262 S. LAKE ST LA 10,362 999 03125!96 2798 HUNTINGTON BRACH, CIO VARIOUS ST, HUNTINGTON BEACH 692,284 999 03120196 2795 DOWNEY, CIO DOLA.N AVE DOWNEY 4,330 969 03119196 2794 30 PACIFIC RAILROAD DOLAN A FIRESTONE DOWNEY 46.058 759 02116!96 2783 DINWIDDIE CGNST CO 1201 W. PICO LA 10,293 1009 02!14196 2777 US POSTAL SERVICE 13031 W. JEFFERSON INGLEWOOD 114.716 859 02106196 2772 LOS ANGELES. C10 VERMONT AVE LA 607,461 799 01130196 2770 GARDEN GROVE. CIO EUCLID ST N GARDEN GROVE BLVD GARDEN GROVE 364,225 979 01!16196 2765 LOS ANGELES. CIO PARKING LOT 1744 LA 121,289 879 01108196 2756 LOS ANGELES, C10 EARTHQUAKE RIB BARR A OLYMPIC LA 96.718 19 01103196 2755 MATT CONSTRUCTION CORP DISNEY STUDIO BURBANK 24,900 939 12105195 2740 LACPWD ALTLANTIC BLVD LA 178,118 1009 12!04195 2739 LACRA 1S? ST.. (LITTLE TOKYO) LA 713,950 979 11!27195 2735 INGLEWOOD, C!0 ARBOR VITAE INGLEWOOD 1.328.122 999 11127195 2734 SEARS 302 COLORADO AVE SANTA KONICA 141,259 939 11!20195 2732 CHARLES PANKOW BUILDERS UNION GATEWAY CENTER LA 570.000 999 11108195 2724 SPRR V'AHEY 4 TEMPLE POMONA 13,561 09 10126!95 2718 CSA CONSTRUCTORS LA1 WORLD WAY WEST LA 33,501 1009 10105195 2711 LA. CIO FO?. STREET LA 84.829 1009 i0104195 2709 LA, CIO BRANiORD A GLENOARS SUN VALLY 138,483 1009 09125195 2705 LA. CIO 182ND ST LA 76,561 919 09111195 2695 LB. C10 36FR ST 4 INDUSTRY AVE LB 614.650 1009 08122195 2685 GLENDALE, CIO YES STREETS GLENDALE 2,320,415 999 08114!95 2680 LOS ANGELES, CIO COLDWATER CYN HOLLYWOOD 24,601 1009 08111195 2678 SAN FERNANDO. CIO TRUMAN ST SAN FERNANDO 327,485 1009 08109195 2675 DINWIDDIE CDNST SEPULVEDA N 405 FWY LA 364,566 1009 07!10195 2657 RAY WILSON COMPANY ACKERMAN S KERKHOFF LA. 12.168 1009 06!19195 2638 CALTRANS SANTA MONICA. FWY SANTA. MONICA 304.409 999 06/05195 2626 CALTRANS RAMP WIDENING 405 FWY INGLEWOOD 237,197 1009 03120195 2576 CALTRANS RT'E 911110 SEPERA107- 110294 GARDENA 10,241.181 809 02109195 2555 PORT OF LA VARIOUS LOCATIONS SAN PEDROIWILMINGTOR 814,275 1009 02!09195 2554 LACPW GiA DEL NORTE PV ESTATE 684.615 1009 O1i30i95 2546 SO. PACIFIC LINES 220T3 ST CARSON 14,700 09 01124!95 2543 CHARLES PANKOW BUILDERS 729 N. VIGNES ST. LA 2,981.307 979 11101194 2495 LA BOARD PENSION COMMISSION PARK PLAZA BAN PEDRO 53.786 999 06!23194 2429 LA, CIO WCODMAN AVE. LA 1.161.907 1009 06;20194 2427 LB. CIO LB AIRPORT LB 2,714.028 1009 06/13194 2421 LACDPW BEVERLY BLVD. MONTEBELLO 1.398,055 1009 03/07/94 2360 JOHN T. FRICKE GARDEN GROVE BLVD GARDEN GROVE 19,368 1009 O11D5194 2325 CALTRANS PFA.RBLOSSOM HWY ESCONDIDO 2.078.969 999 10!26!93 2284 LOB ANGELES. CIO RUSTON WAY LA 1.357,164 1009 06!12192 2D33 LACDPW RAMBOZ- BONHIR BEACH LA 883.321 1009 11126191 1937, DINWIDDIR CONST CO 17GO GETTY CENTER OR LA 192,375 1009 BIDDER'S BOND Page 4 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE BID dollars to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 15TH STREET AND AVOCADO AVENUE PAyEmENT REHABILITItitle of project and contract no.) in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4TH day of JUNE , 19 97 PALP INC. DBA EXCEL PAVING COMPANY Principal by: _� . [ 11 5/97 C. P. PrCM /N P ?FCIFTMT Print Name & Title FEDERAL INSURANCE COMPANY Surety by: 0 DOUGLAS A. RAPP ATTORNEY IN FACT Print Name & Title by: Signature of Attorney in -fact (Notary acknowledgment of Principal & Surety must be attached) 9 0 ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/4/97 before me, Christine M. Rapp, Notary Public Date Name, Title of Officer- e.g. "Jane Doe, Notary Public" personally appeared na„q l a s A_ Rapp Nsmes(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTINE M. RAPP �iC lir v Comm. h 1102718 N N E -A e NOTARY PUBLI-CALIFORNIA Signature of Notary Orange Cuun!y �:a My Comm. Expires Ja:y 9.2000 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —individual(s) —Partner(s) —Attorney-in-Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, Ni Wo59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its true and lawful Ahomey4n -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any, State, City, Town, Village, Board or other body or organization, public or private; bonds to liansportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts. In Wfbtsas Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10th day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY as County of Somerset FEDERAL INSURANCE COMPANY BY i u•• _ „ 1 Vice President On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel tome known and by. me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By-laws and in deponent's presence. Notarial Seal i ' i2 m iWalx: ��� Acknowledged and Sworn to before me on the date above written. Notary Public 4XIM A. 9CAVOM 7 Pulllq R'ds of T'h.Iegay N-. 2065-520 Caleoialoa ILIP'ns occ'bx 2. 1991 oanrtm Fenn 1Sx10194 lam 100-1) GENERAL IM65627. (5001 u�n. 0 CERTIFICATION STATE OF NEW JERSEY County of Somerset as. I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true . excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By-Law is in full force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys4n-fact designated in any resolution of the Board of Directors or the Executive Committee; or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided In such resolution or power of attorney. Section a All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com- pary may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Anomeys- in•Fact for purposes only of execufing 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.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney Is in full force and effect. Of Given under hand and 1hess�eat of said Comparry at Warren. N.J., this 4TH day JUNE 9 Corporate Seal AuIW , i State of CALIFORNIA County Of LOS ANGELES Qn JUN� 1 1 before me Celeste A. Graham, Notary Publi (DATEI INAME/TITLE OF OFNCER4,.'JANE DOE, NOTARY PUBUC'1 personally appeared Palp Inc. DBA Excel Paving Company (NAMCSI OF NGNERISR by C.P. Brown President if personally known to me -OR- ❑ CftESTE A. GRAHAM 992994 D> Yub(iC - coiltomic In .Q :/ LUL ANGELES COUNTY MY'COMM;=04 0WIREs JULY ao, 1997 (SEAL) I] 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Paper Date of Document Siom,ls) Other Than Named Above Rev, 01994 RIGHT THUMBPRINT loptlonsll >x fi 4E Y CAPACITY CLAIMED BY SIGNERM) OINDIVIDUALISI OCORPORATE OFFICEMS) OPARTNER(SI OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(SI OGUARDIANICONSERVATOR OOTHER: _ SIGNER IS REPRESENTINO: IName of Peoonls) or Entity0es) RIGHT THUMBPRINT 40ptionall 3 s 3 CAPACITY CLAIMED BY SIONERISI OINDIVIDUAL(S) OCORPORATE OFFICER(S) mt1EST OPARTNER(SI ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTENSI OGUARDIANlCONSERVATOR ❑OTHER: STONER Is REPRESENTING: INeme of PersonlO or Enthylies) 7 8 S *),F Page 7 The foNowing Contract Documents s ecuted and delivered to the Engineer within ten (10) days (not including Saturday, Sunday Ind Federal holidays) after the date of mailing Notice of Award to the successful bidder. LABOR AND MATERIALS PAYMENT BOND} FAITHFUL PERFORMANCE BOND (Page CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide- Propady&asuft. Coverages shall be provided as specified in the Standard SpQ dQMions for Public Works Construction, except as modified by the Special Provisions. 5/97 EXCEL PRVING CO. TEL No .3105917485 FROM : Pl iasonic FPX SYSTEM r PHONE NO. The Wooditch Company Insurance Services One Park Plaza, Suite 400 Irvine, CA 92614 Jut 23 , 9'7- 1 X33 No -001 P.04 Jul. 23 1997 11.53M P3 iURANCB : 7/23%9 COMPANIES APPORDINC COV9RAOB A American Intl Specialty B National Union Fire Ins. Co. INSURED wnrnn, C Palp Inc.; dba: LeTTBR Ulico.Casualty Company ANY Excel Paving Company %b 2230 Lemon Avenue ANY Long Beach, CA 90806 COMP COMPR B COVSRAO :C A.:;}a•: a r:lfx:fy: 7115 IS 70 CERTIFY THAT POL=96 OF 1VSURAI'IC6 USYSO B11.OW NAVE SEEM WSUED TO T1E N61R11D NW1D A1OV6 FOR THE POUR PERIOD DUMDATED. NOTYVInWANOWO ANT REOUSTELFJIT. TEAM OR CONDIT" OP AMV CONTRACT OR OTFSR DDClM(ENT WRH RESPECT TO WKVN THIS CERTFlCATE MAY Of ISSUED OR MAY PER ADC THE WSURA14M AFFORDED SY THE POLrAM OESORIM REREW 15 SUBCST TO ALL 714E TOW& ET OLUSIOMS, AND O0H0: V%ffl OF SUCM POUOBS AND se NOT AMENDED. EXTENDED OR N.11RBD ST TNtS CERTHCATE. s FDEeON"ON OF OrEMT10kaPL0OIOA7OgFMT1& �iYi�IAYMR�piN�1BEc6WTiAGTbN- 95PECML fI�LMD�i,:�ALLNOpPTBMTTOM PPONIORPMEEDgPWOURytny8 rrf Of 1nR Sir'aeiY�aD°� g Ov 'ea�d0 AvoLti@ YBVD�en�ad111isLlonaad lrattlC 6s�ai Modifications at otee Road and -BUan Avemre _ Coacrac[ NO. iIAIECTTrrl1 FiU1VBE4 R7TFlUTia, CANCPIIATION.: it.. ?' -'• r;;: ?;; .,,. ,. , �,:F ":,S�lh'�i!'��:°+ir. ADDITIONALLY INSURED VIOMO AMT OF THE ABOVE 6EW4906D POUOES B6 NON RHN1W1e. OANOM"- OA CITY OF NEWPORT BEACH COVERAGE REDUCED 6FFDRE THE ETMR "W DATE THE OOMPANY AFPDF"WG P.O. BOX 1768 COVERME BIAAAWngq.Tf(L OO-AFO�VgI6D�EA0GASYS NIMMUM �ANIE NOnCE 7V THE CM OF 37o0NL`WPORTBOULEVARD N BE j�, / // ? / -31j NEWPORT BEACH�A�IPI1jlNpolA! 92658.8915 � UC/ 6 ATTENTION: Maa eMTCC�i % AunM[RFDreEPRIROITATYVe 1 UED V_ DO .B U88 NR I DATE DATE w•LIMrMINTHOUSANDS • A OBNERALUABILITY (O=LP W8SAM tx+,"Y) GL 8187363 10/1/96 10/1/97 S 2,000 D ATE Lf S 1,000 x DOWAEROUL COMFREMMeAVE OWM GR6LCONTRAGTORS PROTECTIVE S 1,000 . `DNTAACT,ALF RIP ir- CONTwCT MODUDTSCOMPLEISDOPeRATON YCU MA7ARDS ' NCEAPPR RENDE S 1,000 (ANrdVE S 50 ! . x BROAD FO4W PROPERTY arvERABIUIY OF w'MBT c'AusE DA IS NAG P. L WITH EMPLOY69 NxeLMSPOM RSMOVEO MARSIE .ADC B (ANY ONE PERSON) S 5 AUTOMOBILE LIABILITY COMOMP U►MV S 1, 000 ' B ANY AUTO ALL OWNED AUTOS CA 8201860 10/1/96 10/1/97 SOMYPLAM OERPERIiOIQ S BODILY IUYRT REP AOCIQEiII) S SCHEDULUD AUTM kUM AUPDS PROPERTY DAMAMC S NONOwI® AUTOS OARAfJ1 t/AB1/rV FLX= UABILITY AWREGAM AGGREGATE Opp ULADRELIA FORM AN O"R TH UMBRELLA FW W S S STAIIRORT X C WORKERS'COAMPENSAIJON EMPLOYERS, LIABILITY WDA 040279 10/1/96 10/1/97 S 1,000 DaoerT 5 , 000 MW�41IAM S ,COD EMPLOVte s FDEeON"ON OF OrEMT10kaPL0OIOA7OgFMT1& �iYi�IAYMR�piN�1BEc6WTiAGTbN- 95PECML fI�LMD�i,:�ALLNOpPTBMTTOM PPONIORPMEEDgPWOURytny8 rrf Of 1nR Sir'aeiY�aD°� g Ov 'ea�d0 AvoLti@ YBVD�en�ad111isLlonaad lrattlC 6s�ai Modifications at otee Road and -BUan Avemre _ Coacrac[ NO. iIAIECTTrrl1 FiU1VBE4 R7TFlUTia, CANCPIIATION.: it.. ?' -'• r;;: ?;; .,,. ,. , �,:F ":,S�lh'�i!'��:°+ir. ADDITIONALLY INSURED VIOMO AMT OF THE ABOVE 6EW4906D POUOES B6 NON RHN1W1e. OANOM"- OA CITY OF NEWPORT BEACH COVERAGE REDUCED 6FFDRE THE ETMR "W DATE THE OOMPANY AFPDF"WG P.O. BOX 1768 COVERME BIAAAWngq.Tf(L OO-AFO�VgI6D�EA0GASYS NIMMUM �ANIE NOnCE 7V THE CM OF 37o0NL`WPORTBOULEVARD N BE j�, / // ? / -31j NEWPORT BEACH�A�IPI1jlNpolA! 92658.8915 � UC/ 6 ATTENTION: Maa eMTCC�i % AunM[RFDreEPRIROITATYVe 1 UED V_ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GL8187363 MANAGER INSURED: Palp, Inc. dba Excel Paving Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Schedule: City of Newport Beach, its officers, officials, agents and employees RE: Contract #3139 -15th Street & Avocado Ave /Jamboree & Bison Aves. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respects to liability arising out of "your work" for that insured by or for you. This insurance shall apply as primary insurance as respects any person or organization for whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 0 0 COMMERCIAL AUTOMOBILE POLICY NUMBER: CA8201860 INSURED: Palp, Inc. dba: Excel Paving Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION The endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Name of Person or Organization: Schedule: City of Newport Beach, its officers, officials, agents & employees RE: Contract #3139 -15th Street & Avocado Ave /Jamboree & Bison Aves. If no entry appears above, information required to complete thisendorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respects to liability arising out of the ownership, maintenance, or use of a covered "auto ". CA 76 08 07 88 Copyright, Insurance Services Office, Inc., 1984 Page 8 BOND NO. Included Premium WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Junp 23, 1997 has awarded to Excel Paving Comuanv hereinafter designated as the "Principal," a contract for t5zh—Szr4wt and oca o e Paveme t R b tContract No.,Ai W. in the City of Newport each, in s n con ormi wi p ans, s rawingsn, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3139- and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Federal insurance Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of$ o b dui r_d hjetay five thousand Dollars ($235.710), lawful money of the United States of Amenca, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for 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 such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its 5/57 E 0 Page 8A obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of July , 1997 . Excel Paving QaQ�any Name of Contractor (Principal) Federal Insurance Carrpany Name of Surety 801 So. Figueroa Street Los Angeles, CA 90017 Address of Surety r- � ��� Authorized Signature Title GP• �p P Authorized Agent Signature Linda D. Coats (213) 612 -5573 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 • • State Of CALIFORNIA County Of LOS ANGELES On — I, -Ij -7 before me Celeste A. Graham, Notary Publi (DATE) 01AMEITITLE OF OFFICER -i.e: JANE DOE, NOTARY PUBLIC') personally appeared Palp Inc. DBA Excel Paving Company INAME(S) OF SIGNERISII by C.P. Brown President 19 personally known to me -OR- ❑ CELESTE A. GRAHAM COMM. # 992999 v r m NOtcry Pubim - California Y \:',.� LOS ANGELES COUNTY gp�(E 1"'SlON Ej(PIRES l proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal (SEAL) \ ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Signerls) Other Then Named Above Rev. 3.94 INC. RIGHT THUMBPRINT (Optional) 0 `o CAPACITY CLAIMED BY SIGNER(SI OtNDIVIDUALISI OCORPORATE OFFICERIS) mttca OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEEfS) O GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: IName of Person(sl or EntityBas) RIGHT THUMBPRINT (Optional) IV a `o 0 CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) OCORPORATE OFFICER(S) mnsm OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personlq or Entitylies) 7 B ALL - PURPOSE ACKNOWLEDGMENT tilalc of Califorula County of Ides Angeles Oil JUL 1 1991 hefore file, CHRISTOPHER J. COATS Ilene Neu:e,'1'llle of Metter - e.g. ".leoe elite, Nolary 1'oblic" persoually nppunred I: LNDA 1). COATS •' Neiee%($) of Nlgeerhl personally known to file or proved to me on the bnsls of satisfactory evidence to Ile the person(s) whose naule(s) is /are subscribed to lire within instrument and acknowledged to me That Ilelshellhey executed the same in Its/her /their authorized capacity(les), one] that by his /her /111clr signature(s) on the Instrument the person(s), or the entity on behalf of which the person(s) acted, executed (lie instrument. Witness lily hand mud offteinl seal, CHRISTOPHER J. COATS p COMM. # 1103462 r NOTARY PUBLIC CALIFORNIA t'' C0MM. BF ORANGE MIN 15, 2000 A•rrwriim NOTAIIY: Although ll:e InformNion requevlell below 1s OPTIONAI„ it could prevmu fruul:de:u ellachlnenl of Ihls ter1111ce1e In unenlborl: ell deconrenls. '1'IIIS CRII'1'IIII(:ATl? MIIST nE AVI-AC111M '1'(1'1'llid I)OCIIMRN•1' MOSCNIIIRD A'1• Ill(711'I': Title or Type of llnconle:d Nulnher of Pages— Dole of Ilocunlenl OI''r10NA1. SEC'1'1ON/ CAPACITY CI,AIMIsD HY SIIMER IoJIvlAual(y) _I'urincr(s) 'Billets) SI(:NRlt IS Itltl "ltVSRN'1'IN(:: Nunle of persons or enllty(les) _Allorney -in -Fact POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT is Mountain View Road, vftmm, w o7m (908) 560-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California ----------------------------------- ----------------------- -- - - - --- each its true and lawful Attomeyin -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to.**: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensallon bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts. In Wiliness Whereof, the said FEDERAL these presents to be signed by its Vice President this 10th day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY as. County of Somerset INSURANCE COMPANY has, pursuant to its By-Laws, caused and Assistant Secretary and its corporate seal to be hereto affixed FEDERAL INSURANCE COMPANY BY Q �j y� /fit ' mot- /Yin l Gerardo G. Mauriz Vim Praaldam On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporatiorr described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swgm, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal *� ~ ec {s f s .fit«. m P6iE1.L �raoc`"� Acknowledged and Sworn to before me on the date abpv@ written. !� tAMIT A. Notary Public 9CAYp 31"'tr7 Pmblk. Stets of %W lersq No. 2^t952e Co�sokdos Hxpins 0 U Ll 2. 1994 an Faro 15-100154 11 W. te43) GENERAL L456It2r (500) w 0 STATE OF NEW JERSEY County of Somerset CERTIFICATION 0 I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2, 1990 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that arty one or more officers or attorneys- in-fact designated in any resolution of the Board of Directors or the Executive Committee; or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com- parry may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomsys -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 atromey 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 ro any bond or undertakirxg ro which it is attached:' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity Md surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under hand and the a" of said Company at Warren, N.J., this 1st of Y 19 Corporate Seal /�i iAssi Page 13 THIS AGREEMENT, entered into this 23rd day of June 19_1 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and xhvAOing Comp=y hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: 15th Street and Avocado Avenue, Pavement Rehabilitation and Traffic Signal Modifications at Jamboree Road 6 Bison Avdftiam 3139 Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3139 , Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the `Contract Documents°). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two hundred thirty five thousand seven hundred teen _ Dollars 9/97 Page 14 This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Ewel Paving.Corrpany P.O. Box 1768 2230 IaTm Avenue Newport Beach, CA. 92658 -8915 long Beach, CA 90806 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: °I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and 1 will comply with such provisions before commencing the performance of the work of this Contract." Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a 5/97 W" y y.. �.i .� £'.._• ehA � r->_y �a.a_wr�' —L� /'�?'- 4°RO_._u"�L11. ♦ — w�� ....v_ _ �.�:... ..::= IILM Page 15 person authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. memo Mki Coverage limits shall be no less than: General Liability: $1,onn_ combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $ l,mno, combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 5/97 5/97 Page 16 C. DEDUCTIBLES AND $ELF- INSURED RETENTIONS i� deductibles or self -insu = ions must be declared to Ai- Any ed by City. At the option of City er: the insurer shall reduce or irate such deductibles or self- insured retentions as respects Ciiy _#s officers, officials, employees and volunteer%u b ontractor shall procure a bond guaranteeing payment of loss� related investigations, claim administration and defense expenses. The policies are to contain, or be endorsed to contain, the following provisions: a. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. b. Contractors insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. d. Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnificationthold harmless provision contained in this Agreement. x,.FV - -•;: t'c`x.- k'"LieE".:�m�e`�erz!:y`i i'�P�3i.` - b°- K�`:2k:s!S'`:'y' .:�:sSZ . m Page 17 2. Workers' QmpenDjkt.m and Em aILtY Covereae The insurer shall agree to �, rs of subrogation against City, its officers, officials, employees" ears for .losses arising from work performed by Contractor for C M Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance: City shall have the right to offer the Contractor to stop Work under this Agreement andfor withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements of this article. A. City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attomeys' fees and all other costs incurred in defending any such 5/97 M e 0 Page 18 claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attomeys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, .# o have caused this contract to be executed the day and year first written above. ,T ATTEST: CLERK APPROVE AS TO FORM: CITY ATTORNEY F:%Candebbielaglbid.doc 5/97 TY OF NEWPORT BEACH Municipal Corporation By CONTRACTOR By: - Author6d Signature and Title C.P. 8lr o hoddW RC:da 05 -1497 State of CALIFORNIA County Of LOS ANGELES On — ( —t 7 before me Celeste A. Graham, Notary Publi GDATD (NAMERInE OF OFFICERA.e. -JANE DOE, NOTARY PUBLICS personally appeared Palp Inc. DBA Excel Paving Company INAMEISI OF SIGNERISII by C.P. Brown President ® personally known to me -OR- ❑ ;> CELESTE A. GRAHAM COMM. # 992999 9 I'i8tlitY SjubBc - California to - j LOS ANGELES COUNTY ��, �E@IA4AY§§S@N fD'cPIRES JULY 30, 1997 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 byy his /her /their signature(sl on the instrument the person(s1, or the entity upon behalf of which the persons) acted, executed the instrument. Witness my hand and official seal (SEAL) ����J�In RE F O VATS I " "� ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Sigrans) Other Than Named Above 01984 WOLCOTTS FORMS. INC. :JW/REPRESENTATIONRVJO FINGERPRINTS RIGHT THUMBPRINT (Optional) W 3 0 `o CAPACITY CLAIMED By SIGNERIS) OINDIVIDUAL(SI OCORPORATE OFFICERISI mnEST OPARTNERIS) OLIMIIED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEISI ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Enthyfies) RIGHT THUMBPRINT (Optional) 0 2 CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) ❑CORPORATE OFFICER(SI m11ES1 OPARTNERIS) ❑LIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: INeme of Personfa) or Entityliesl 7 8 ry DATE Marta Maitove Pro i3d Ma ... 1 THER!EWP MEACH • COMMM �I- 030V -- I — � Dear Advertiser: le Client Reference � -If o Daily Pilot Reference # Enclosed please find clippin .ofr from the first publication, beginning If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. 330 West Bay Street, Costa Mesa, CA 92627 (714) 642 -4321 °AX . 7 1,1) 631 -5902 at t `the I Approved by Don Webb, Publlo Works DI. motor Prospective bidders may obtain one set of bid docu. ments at no cost at the of- fice of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA mse. 8915.. For further information, 'Call Marla MatlOv9 at (714), .644 -3311. Published Newport Beach.Costa Mau Daily 1101 U 1b, eR itte7. 11Y8f Sincerely, Advertising Department BE July 1, 1997 0 0 CITY OF NEWPORT BEACH C OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 R.J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92666 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the 15tb Street & Avocado Avenue Pavement Rehabilitation and Traffic Signal Modifications at Jamboree Road and Bison Avenue project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1769, NEWPORT BEACH, CA 92658 -8915 Sequel Contractors, Inc. 12240 Woodruff Avenue Downey, CA 90241 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the 151h Street & Avocado Avenue Pavement Rehabilitation and Traffic Signal Modifications at Jamboree Road and Bison Avenue project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, �4 LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach