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HomeMy WebLinkAboutAGMT - Noble Company, R.J. (Harvard Lane Overlay) PLEASE COMPLETE THIS H. MATION •- RECORDING REQUESTED BY: County of Orange AND WHEN RECORDED MAIL TO: Recorded in Ottic%et Reeco der Gary Granville, Clerk-R See,Matkd 1111111L1111121101101101101111 8111I6gi141110.15am 004.01010100 I0,00150 00 0 00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: Q ' 7t)üjjn `7 788 • 1 rif� t--0%0C3 oft- tk THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ., (Additional recording tee applies) � `• 059-TITLE PAGE(R7/95) 111 • WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 '/ RESOLUTION NUMBER 4 76'8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #673, 'HARVARD LANE OVERLAY, CONTRACT ENTERED INTO BETWEEN RJ NOBLE COMPANY AND THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on June 28, 1999, the City of Seal Beach entered into a contract with RJ Noble Company. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of$205,291.60. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Acceptance", Exhibit "A", be filed on behalf of the City is in the Office of the County of Orange within 10 days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the Council of the City of Seal Beach at a meeting thereof held on the /3`-` day o�4#42000, by the following vote: AYES: Councilmem ( ��lGul as St NOES: Councilmember4Z4rtt (/ ABSENT: Councilmembers/ terag-Z i/45 C Mayor ATT : n Ci Clerk • STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number Inge on file in the office of the City Clerk, passed, approved, and adopted by City Co cif of the Ci of Seal Beach, at a regular meeting thereof held on the " day of 000 /// is_16 ' ity Clerk • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. ***No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereniafter described: 2. The frill name of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach,211 8th Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In fee. The City of Seal Beach.. 5. A work of improvement on the property hereinafter describe as completed on 1/31/00.The work was: Harvard Lane Overlay, Project 673. 6. The name of the contractor, if any, for such of improvement was: R.J. Noble Company. The date of the Contract was: June 28, 1999. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California,and is described as follows: Harvard Lane Date: 2 k0 isee r Signature of owner or corporate : : mer named in paragraph 2 or his agent. ASST. CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 3 7�2Za �� . 19 .at Seal Beach, California. ��te o1 Signature) ® J r Directs' 't. •. .. . • EXHIBIT "A" • HARVARD LANE OVERLAY, PROJECT NO. 673. • 6 For HARVARD LANE OVERLAY, in the City of. Seal Beach. !1_ THIS AGREEMENT, made and entered into this c> .,h day of , 1999 by and between the City of Seal Beach, California, hereinafter referred to as "CITY," Party of the First Part, and . R. J. NOBLE COMPANY hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: • ARTICLE L For and_ in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to HARVARD LANE OVERLAY, and to perfoiih and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE IL For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this • Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. • ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said teens of said proposal conflicting herewith. ARTICLE VL By my signature hereunder, as CONTRACTOR, I certify that I am aware of the . provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 114 1 IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SE BEACH, CALIFORNIA Party of the first P BY City Manager ATTTEST% _' lerk BY R. J. NOBLE COMPANY CO OR - Party o, the Second Part TitleJJ RACE , PRESIDENT 15505 E. Lincoln Avenue Address Orange, CA. 92865 • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Harvard Lane Overlay, Project No. 673 Indemnitor(s) (list all names): - R. J. NOBLE COMPANY;A CALIFORNIA CORPORATON JIM GRACE, PRESIDENT JAMES,. J. DUNLEAVY, SECRETARY /TREASURER To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is m addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all- obligations, liabilities, covenants and conditions under this instrument shall be joint and several. " Indemnitor" R. J. NOBLE COMPANY R. J. 0 COMPANY N. / Name: I / By: 11,1111111AIL _ • is , r A M E "r . D UNLEAVY , GRACE, PRESIDENT' SECRETARY /TREASURER • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the - Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to publieworks and the awarding public agency ("Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees ,to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. ' Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the • Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the . provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 4 R. J i :LE CO/ PANY - Date July 12, 1999 Signature a ti • \ GRACE, PRESIDENT • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of .California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractors license as set forth below: Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the . unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. ( Any compliance, or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, . or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State ''License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: A Class: A Expiration date: 7/31/2000 R. - OBLE pMPANY Date July 12, 1999 Signa • t ' d. Ailr' GRACE, PRESIDENT N r , S • __, State of CALIFORNIA RIGHT THUMBPRINT(Optional) County Of ORANGE tEl i On July 12, 1999 before me, M.A. GROSKOPF a • IDATEI ' - (NAME/TITLE OF OFFICER-i.e.-JANE DOE.NOTARY PUBLIC') o - -• personally appeared JIM GRACE, PRESIDENT AND JAMES J. INAMEISI OF SIGNERIS)) DUNLEAVY, SECRETARY/TREASURER OF R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNERIS) I DINDIVIDUALIS) • - )( ORPORATE • .' • X personally known to me -OR- ill proved to me on the OFFICERISI (MUM basis of satisfactory DPARTNERIS) ❑LIMITED evidence to be the OGENERAL persons) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the DTRUSTEEISI within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: a.°.--e M.A. GROSKOPF and that by his/her/their (Name of Person(s)or Entitylies) COMM. #1130198 o signature(s) on the n ° C i4' NoTARYPUBuc.0ALIFORNIA o instrumentthe person(s), R. J. NOBLE COMPANY o nd oRANCECOUNTY or the entity upon behalf I�o. My Comm.EKp.Aprll21,2007 ofr which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official'seal. 1 a (SEAL) �J//lei' S P. JJ t NATURE OF NOT PY) iiCAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column.to the right is OPTIONAL. (TITLES/ Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any DPARTNERIS) OLIMITED unauthorized document. DGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Trtle or Type of Document DTRUSTEEISI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signerls)Other Than Named Above SIGNER IS REPRESENTING: (Name of Persons)or Entitylies) WOLCOTTS FORM 63240 Rev.3.94)price elms 8-2A) ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/f4VO FINGERPRINTS l 7 IjilIllIllNI61311,11 8 • EXECUTED IN TRIPLICATE Bond No. 2920109 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded R. J. NOBLE COMPANY 15505 E. Lincoln Avenue Orange, CA. 92865 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: HARVARD LANE REHABILITATION WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW,THEREFORE,we, the undersigned Principal,and RELIANCE INSURANCE COMPANY 700 N. BRAND BLVD. , STE 1250 GLENDALE, CA 91203 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED SEVENTY-THREE THOUSAND TWENTY-EIGHT AND 40/100 Dollars ($ 173,028.40 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time, alteration,addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and • • • 6 State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of ORANGE 3 On July 12, 1999 before me, M.A. GROSKOPF E . (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE.NOTARY PUBLIC') E personally appeared JIM GRACE, PRESIDENT INAMECS)OF SIGNERISO CAPACITY CLAIMED BY SIGNERIS) OF R. J. NOBLE COMPANY DINDIwouALISI �' ' • ) CORPORATE OFFICERISI I personally known to me -OR- ❑ proved to me on the OITLM (I basis of satisfactory DPARTNERIS) ❑LIMITED it evidence to be the ❑GENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the DTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: - - he/she/they executed the same in his/her/their M.A. GRO$_ _ authorized capacity(ies), SIGNER IS REPRESENTING: C`O �ra and that by his/her/their (Name of Person hl or Entitylieq COMM. #1130198 o '�S fa signature(s) on the R. J. NOBLE COMPANY y NOTARY PUBLIC-CCALIFORNIA 8 instrumentthe person(s), ORANGE COUNTY i - , My Comm.Exp.Apr1121,2001 or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. rc •a 0 "o (SEAL) o � C / ms s• IS :- • URE OF NOTA•40 II CAPACITY CLAIMED BY SIGNERIS) I DINDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY I OFFICERIS) II The information requested below and in the column to the right is OPTIONAL. ITITUS1 Recording of this document is not required by law and is also optional. I It could, however, prevent fraudulent attachment of this certificate to any DPARTNERISI OLIMITED unauthorized document. ❑GENERAL I [(ATTORNEY IN FACT I 1 THIS CERTIFICATE Trtle or Type of Document DTRUSTEEIS) I I MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR I I TO THE DOCUMENT Number of Pages Date of Document (7/OTHER: I DESCRIBED AT RIGHT: Signed!)Other Than Named Above SIGNER IS REPRESENTING: I i - - (Name of Person),)or Entitylies) i I WOLCOTTS FORM e3240 Raw.3-94(price class 8.2A) ®1994 WOLCOTTS FORMS,INC. I v ALL PURPOSE ACKNOWLEDGMENT KITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS I IIIIIIIIII III I 7 67775 63240 • STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE c • On 1/1a.i Cf 1 n , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to he the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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 ROSEMARY STANDLEY entity upon behalf of which the person(s) acted, executed COMM.m #1090462 ^.� = NOTARY PUBLIC-CALIFORNIA co the instrument. RIVERSIDE COUNTY a y .. My Comm.Expires Juno 7.2000 Il( WITNESS my hand and official seal. Signature?-6:3 0 r' ^ 1a This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C INDIVIDUAL 7 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED C GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) [1 GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-051 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT • • BOND NUMBER 2920109 EXECUTED IN TRIPLICATE PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to R. J. NOBLE COMPANY .15505 F Lincoln Avenue Orange, CA. 92865 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: HARVARD LANE REHABILITATION WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and RELIANCE INSURANCE COMPANY 700 N. BRAND BLVD. , STE 1250 GLENDALE, CA 91203 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of EIGHTY-SIX THOUSAND FIVE HUNDRED FOURTEEN AND 20/100 Dollars ($ 86,514.20 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,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 work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time, alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§2845 and 2849. • • . IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set - forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" "Surety" • RELIANCE INSURANCE COMPANY • R. J. NOBLE COMPANY / BY _/// iL IJL/.�� BY: I�{{���,�,,,���I�������Os ■ vi /D .� By l D. STONG, ATTORNEY-IN-FACT •"'''11111����� s • J. jJUNLEAVY, S/#.ET '. /TREASURER (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • STAlh OF CALIFORNIA SS. COUNTY OF RIVERSIDE • On /.?1/4 Q ` gay ,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ ROSEMARYSTANDLEY their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed Q ,• N OMMBLIC 0901FFOORNIA r_9i i .wr RIVERSIDE COUNTY 66 the instrument. ... My Comm.Eyirec,hme 7.2000 WITNESS my hand and official seal. \\ v� A� •t S' • r This area for Official Notarial Seal 4 Signature 4. . `�� 4 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) H PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYEES) SIGNER(S)OTHER THAN NAMED ABOVE I0-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT p - "THE.FACE OF.' '' DQ,CUMEN72HMSW COLORED BACKGROUNDr \WHITE PAPER ": :.i•':"',}, ' !j RELIANCE SURETY COMPANY _ELIANCE INSURANCE COMPANY UNPTED'PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY •_ _ r, .. ,�• •F mir, I,�iH LVi_i_, I F -'l''HILADEIL- FRU. IL."n.tllr t °' POWER OF ATTORNEY H "rz-) SKNOW•ALL MEN'f_ THE'•G I RESENTS;that RELIANCE SURETY COMPANY -'_l: • -Inc ly organzed under the laws of the State of Delaware`. rand thal RELIANCE 4' Li— NCE-COMPANY.and UNITED PACIFIC-INSURANC r .i r 1i't uw;corporations•duly organized under the laws of the LCoirimonwealtfiiof1P,ennsylvanla and that RELIANCE.NATIONAL}INDEMNITYCC NY,is-a corporation duly organized:under the laws of the State•of. '.. • #Wisconsin.(hereln collectively_called,the'Co'mpames') andtliat,ihe Companies b"'.l of,signature and'seals dgtiereby make;,constitute and appoint 3M- Susan C'Monteon;Shawn Blume,Rosema standle •y( ) Mictiael'D.Stong,, ry, y, of,Fl,c� Ide,Caldormaithelr true and.lawful Adorn' s-In Fact„to make {execut Ion 4_y.e v.... s. Y r n rl. t yexecuteiseal'a`ndtdelivei:fofand onafieip;hehalf,�"aridasthelr;act'and deed`any ,nfl'all`.bondsland.undertakings;,of,`suretyship:and�[obmdlhe ;< dCO panles thereby as fully avid to the same extent as'if such bonds and undertal r a ind"^"he, ..r I rs"nbllgatory'in_the'nature"thereof were°signed by -'. an;Exeeutive.Officer of the Companies.and sealed and attested'by'one otherrof' n F -.,nil h,---'!i i ratifies,andaconfirms all that their,said Attor `ney(s)in Fact may.-do in pursuance hereof. ;r " "' '� This Pewer, F en>rney:is•gran J un '-I H of 11 .Thlhonty of Art .II =d III,. F Ti..• ;F RELIANCE SURETY,COIF IJY:RELIANCE p kINSURANCE'COMPANY;4UNITED PACIFIC i 1 E Eft,:C ;full force and effect reading as follows "'t - - �'f - - ...sl+ i enI LE VII EXEU1TILN OP BONDS AND U'.. I .&? - ' yel, I IYA(A }•'`,���J,�' V. L - - 't stint ilielh I YC Y- P l Pr d' - - dnR t Il ii •'6t_. Y wii0 :rvinnlm , II L AtIuitt vit),l a0aadlo al.dtraii Rc c o¢ lino alftui t I ,d u_. eugr _ ) d JI_e w bla ory In he vw, - 'e- . ' �al @)t n Ysuli Anuna:vls)Hi Fact anYlne ands 1 t po .vnd -I t Iufo.� - " r - •: . °•' N : syp fr+w y ti bf 't1,:fY i; b-1 `k.r •J Y ILje )-in Fap.hall 1* v ti ^s ., y. L Vrrgal of laelslateloup M h r n, be .11l I, IM1 t Ji deliver 4lull fin e' r M,.LS e Jrnd l fsaal; ¢ vactt of udrn s ry aN as dl- I I 11 the I - . 'd iv l y b I Jc a4 g t k ”t_ d 1 writ gs +lk ry nW au¢tIVcot, r(r' 2Y P _-, u✓)c _ I i n i \ iFiel F hllh.vepn lfl h 0.. tsrt 'd ,I le - I f Iv mtil Iorobl kin miN IJ -'r'l almhacrpo, mir rrnvM1Cl n <fir.C• I andlaJt. Ic By 1 - pnys ce • f -I''fd ,;.• TTts P Fa t Aitorary nitgraird and I by facsirpile undehi_and b t i tilt loll S I 'r I by h E E C I lhial ds oh U ms f REIN,Oef IrsirOnce.Com:Nri‘ Unusd I (i-orrfHan.land RelRild Miticinal Indrrnnity COCIT.111Y CY•11.1,1L111WS Coir.selli L f Fehrifar7, 9 1994' i1 b;thE E coipmir.ire f ih II J ot U lieu.r I <sivery_f t f I v L d e l f M ,A I 190 f l l t 1 r. r r :{ l,'t N. I d h+llh % r b d I11 . I ( h Company' M It dI hI _r fA Yr[, Y ,tk g h b 1 y .. W I iA cl Ir4. 1 t . OF l ., I i„ lt ,de [n L I rid rule = of „l ccvrcd'n i.spmwr, • 7.).n.'-f- -c' ka. Ithan 1 Id,.11 d t yv. U 1 ) the h sr. xu G t , het i rl d l, t Rl JITf.E .. Lf i n tkn C hn. '-These prr^nn't I I t^nrnd t d thr r r^rr its lied I e I ninth - 1• I I � April 2, ieSa , - l r _ k ' . , xi c,{ -. EL LI.. I : Ill FFYCOMPANr.' _ - RELIANCE INSURANCE CO. 1F -.Ili \n y r�yo - 1I ■TED PACIFIC INSURANCE COIIF -r'l _ ,....•• I\ .... �j���I IL� I■H 17,H E NAT1'iP aEINDEMNITY COHF-N STATE OF.Washmgton )."' COUNTY OF King tl )ss; c _ ~ )On thr s April 2;1999 2 before me Laura"L Wads vorti Ay r perso_nally appeared"Mar-a W Alsup who •acknowledged himself fo4.tie the Vice President of ,'the: Reliance Surety Company, Reliance',Insurance Company>United Pacific,In surance Company,'and Reliance'National Indemnity Company and that as �;; 'such;being authorized to do so executed the foregoing instrument for the.purpose'I-n• , n c-nt cel Et, _, i l I He name of the corporation byhirriself a•rt h duly authorized officer -, . ,,:•i e r r c,l n : ra i,_: ., 7f' r 1 -._! reo S. oN , 7In wdness whereof her l t? t laal seal nt x _ 7>� tX1TPAY ' erYs - - ° p- - • L, - % 4.' 2I -k'yf Notary Public m'and for t - - -td of Washingto tyl "- - Residing at Puyallup - - • - • • + -Z i} F,.I Pi,byn•Layng,%Assistant Secretary of KLLIANI,E•SUF I t i tt '.1-ANY RELIA J INSURANCE COMPANY UNI I ELr P ..lrlu, ry UF-vNLE wl iP•I l and RELIANC )NATloNAL INDEMNITYCOMPAI.• I,-. )y certify"tha n Ibove and foregoing Is a true`andacorree't'copy of-ItiehPower of';. •aey executed by said Compant s which is still In ful,I I ri ' Ife et l >a+;f e tY ,!, :0.2 ,-. < < '_ 3 _,. . q '�-4. .'t3f _ _ r e - s i+}.. r t• IN ,,TNESS WHEREOF I have hereunto set my hand and•affi I I'e `;cal -1 . - ml s this �t-' {1 year of 1 171 e 1 s6U _ • ( 561_. `_, y rJY t — i'-r s, ��l w n "°1'< a l�� F,�\-`k;^Fj ;/ y.ls.. _ .AssistantSecret_ary �- r� ,mod � �p� - _ _ y'� - - _ _. ° ,THE-l3lCCKrOF'T,HIsirf or tir inENITie:ONTAINtIMRT,'RTIF,ICGILI"iWATERMA:RK.= �v .. ... ,,. __ $HOL'D AT ANSANGCE.T,OSVIEWliMMTAlla= • • . State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of ORANGE F On July 12• 1999 before me, M.A. GROSKOPF IDATEI INAME/TITLE OF OFFICER-Le.'JANE DOE.NOTARY PUBLIC') o II personally appeared JIM GRACE, PRESIDENT !NAMEISI OF SIGNERISI( CAPACITY CLAIMED BY SIGNERISI OF R. J. NOBLE COMPANY • ❑INDIVIDUALIS) II . XXXCORPORATE OFFICERISI personally known to me -OR- El proved to me on the MILES II basis of satisfactory °PARTNER(S) ❑LIMITED evidence to be the OGENERAL II person(s) whose name(s) ❑ATTORNEY IN FACT Ii is/are subscribed to the OTRUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that °OTHER: -- - he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: •^•°°r•., M.A. GROSKOI F and that by his/her/their (Name of Personlsl or Entity(ies) a� COMM. #1130198 sigtures) on the R. J. NOBLE COMPANY NOTARY PUBLIC-CALIFORNIAa InStrUment then the (S), iY ORANGE COUNTY My Comm.Exp.April 21,2001 or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official Neal. I E (SEA LI `k o ( �I.TURE OF NO.Rip ii it CAPACITY CLAIMED BY SIGNERISI DINDIVIDUAL(S) 1 °CORPORATE I i• ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. ITInESI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) °LIMITED I. unauthorized document. OGENERAL °ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEISI MUST BE ATTACHED OGUARDIAN/CONSERVATOR I' TO THE DOCUMENT Number of Pages Date of Document °OTHER: i' DESCRIBED AT RIGHT: i: Signer(s)Other Than Named Above SIGNER 15 REPRESENTING: l (Name of Personls)or Entity/in) WOLCOTTS FORM 63240 Rev.344 fence class B-2A1 ©1994 WOLCOTTS FORMS.INC. l 1 ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS i11-----iii- 7 I 67775 • 0 E • ' S INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain,and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof,and every officer, official,agent,attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars($1,000,000)combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: HARVARD LANE OVERLAY,PROJECT NO.673 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER,OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT,EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED,UNLESS THIRTY(30) DAYS ADVANCE WRITTEN NOTICE BY CERTIHIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES • • AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER • • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY R.J. NOBLE CO. , 15505 LINCOLN AVE., ORANGE, CA 92865-1015 Name and address of named insured("Named Insured"): LEXINGiUN INSURANCE op.c/o WORLDWIDE FACILITIES,3530 WILSHIRE BLVD. , LOS ANGELES, CA 90010 Name and address of Insurance Company("Company"): HARVARD LANE OVERLAY,PROJECT NO.673 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be-subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Scal Beach CA 90740 • • • 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits,agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD 7/01/99-7/01/00 LIMITS OF 2,000,000 GEN AG( THIS ENDORSEMENT ATTACHES FROM/TO 7/14/99-7/01/00 LIABILITY 1 ,000,000 EACH IX GENERAL LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: IX Contractual Liability In Explosion Hazard ❑ Owners/Landlords/Tenants XI Collapse Hazard o Manufacturers/Contractors XI Underground Property Damage IX Products/Completed Operations ❑ Pollution Liability I:i Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ ❑ General Liability Endorsement ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of $ 15,000 applies to all coverage(s)except: BI/PD (if none, so state). The deductible is applicable ❑ per claim or 9 per occurrence (check one). 13. This is an ❑ occurrence or 0 claims made policy(check one). 14. This endorsement is effective on 7/14/99 at 12:01 AM. and forms a part of Policy Number 5357086 I, DARLENE OWENS (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed JULY 14th. , 19 99 at:C,A4� Signature of Authorized Representative (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: ( 949 ) 788-0007 EXT 231 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY R.J. NOBLE CO., 15505 LINCOLN AVE., ORANGE, CA 92865-1 01 5 Name and address of named insured("Named Insured"): SAFECO INSURANCE CO. , 17570 BROKHURST ST., FOUNTAIN VALLEY, CA 92708 Name and address of Insurance Company("Company"): HARVARD LANE OVERLAY,PROJECT 673 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. MI such claims shall covered as third-patty claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the teens, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street • Seal Beach CA 90740 • . . • 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD 7/1/99 — 7/1/00 LIMITS OF 1 ,000,000(CSL) THIS ENDORSEMENT ATTACHES FROM/TO 7/14/99 — 7/1/00 LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: g Any Automobiles ❑ Trackers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act Xi Non-owned Automobiles ❑ Bus Regulatory Reform Act Xi Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. A ❑ deductible or ❑ self-insured retention (check one) of$ N/A applies to all coverage(s)except: (if none,so state). The deductible is applicable ❑ per claim or❑ per occurrence(check one). 12. This is an 0 occurrence or❑ claims made policy(check one). 13. This endorsement is effective on 7/14/99 at 12:01 A.M. and forms a part of Policy Number BA8160306 I, DARLENE OWENS (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed, JULY 14th. 19 99 SV, Signature of Authorized Representative (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: (949 ) 788-0007 EXT 231 • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY R. J. NOBLE CD., 15505 LINCOLN AVE., ORANGE, CA 92865-1015 Name and address of named insured("Named Insured"): RLI INSURANCE CO.c/o WORLDWIDE FACILITIES,3530 WILSHIRE BLVD.LOS ANGFJFS, CA 90010 Name and address of Insurance Company("Company"): HARVARD LANE OVERLAY,PROJECT NO.673 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional . Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. • . 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH1 0,000,000 AGG POLICY PERIOD 7/1/99 — 7/1/00 LIMITS OF THIS ENDORSEMENT ATTACHES 10,000,000 EA. OCC. FROM/TO 7/14/99 — 7/1/00 UMBRELLA LIABILITY ❑ Following Form El Umbrella Liability 10. Applicable underlying coverages: INSURANCE COMPANY LEXIN&IUN POLICY NO. 5357086 AMOUNT 2,000,000 GIN AGG. 11. The following inclusions,exclusions,extensions or specific provisions relate to the above coverages: 12. A ❑deductible or ❑ self-insured retention(check one)of$ 10,000 (SIR) applies to all coverage(s)except: (if none, so state). The deductible is applicable 0 per claim or [Xper occurrence(check one). 13. This is an 0 occurrence or❑ claims made policy(check one). 14. This endorsement is effective on 7/14/99 at 12:01 A.M. and forms a part of Policy Number I, DARLENE OWENS (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed JULY 14th. , 19 99 Signature of Authorized Representative • (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: (949 ) 788-0007 EXT. 231 — • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by LEGION INSURANCE CO. NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: R.J. NOBLE CO. 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EI•tr.CTIVE DATE EXPIRATION DATE WC 3-0987427 7/1/99 7/1/00 4. Said policy or policies shall not be canceled,voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. *10 DAY NOTICE OF CANCELLATION IN THE EVENT OF NON PAYMENT OF PREMI By: A Its Authorized Representative t • Page Intentionally Left Blank '1 1 • • 1 BOOK ] OF III CONTRACT DOCUMENTS .p :s NOTICE INVITING BIDS, INSTRUCTIONS TO BIDDERS, DOCUMENTS TO • SUBMIT WITH BID: - BID PROPOSAL, INFORMATION REQUIRED OF BIDDER, REFERENCES, DESIGNATION OF SURETIES, ACKNOWLEDGEMENT OF AGENDA, SAFTEY RECORD, NON COLLUSION AFFADAVIT, SUBCONTRACTORS, BID BOND FOR: HARVARD LANE OVERLAY PROJECT NO. 673 • F.\\ Approved Book I,II,III, By /sG /�/ Step e� um,P.E. < Date Director of Public Works These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH,CA 90740-6379 • • CITY OF SEAL BEACH NOTICE INVITING SEALED BIDS PROJECT NAME: HARVARD LANE OVERLAY,PROJECT NO.673 BIDS MUST BE RECEIVED BY: WEDNESDAY JUNE 23,1999 10:00 A.M. BIDS TO BE OPENED BY: WEDNESDAY JUNE 23,1999 10:00 A.M. PLACE OF BID RECEIPT: CITY OF SEAL BEACH OFFICE OF THE CITY CLERK FIRST FLOOR 211 EIGHTH STREET SEAL BEACH CA 90740 NOTICE IS HEREBY GIVEN that the City of Seal Beach, County of Orange, California, will receive up to, but not later than the time set forth above, sealed contract bids for the award of a contract for labor, materials and equipment for the above-named project. All bid proposals shall be made on the proposal forms furnished by the City and placed, together with the accompanying documents and security, in a sealed package addressed to the City Clerk at the above address. The Contractor shall submit bids in a sealed envelope marked outside, "SEALED BID FOR THE CITY OF SEAL BEACH HARVARD LANE • OVERLAY - DO NOT OPEN WITH REGULAR MAIL" All bid proposals must comply with the requirements contained in this Notice and in the specifications and other contract documents. All bids in , apparent compliance with such requirements shall be opened and publicly read aloud at the above-stated time at the place of bid receipt identified above. DESCRIPTION OF WORK: The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the proper construction of this project, including but not limited to the construction of asphalt overlay,grinding,and curb and gutter. OBTAINING CONTRACT DOCUMENTS: Contract documents for the above-referenced project may be obtained at the Office of the Director of Public Works,;211 Eighth Street, Seal Beach CA, for a non- refundable fee of$30, or$40 if mailed. No bid proposal will be received unless it is made on the official proposal forms furnished by the City, is accompanied by an executed Non-Collusion Affidavit and is accompanied by cash, a certified or cashier's check payable to the City or a satisfactory bidder's bond in favor of the City executed by the bidder as principal and a satisfactory surety company as surety, in an amount not less than 10%of the bid amount,as provided in Public Contract Code section § 20170 et. seq. Should the bidder to whom the contract is awarded fail to enter into the subject contract, such bid security shall be forfeited pursuant to Public Contract Code section 20172, except as otherwise provided in Public Contract Code section§ 20174. CDBG,DAVIS BACON ACT:Not Applicable. COMPLETION OF WORK: All work shall be completed within 20 working days following the date specified in the written notice to proceed from the City. Pursuant to Section § 1770 et. seq. of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of wages applicable to the work to be done. This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request. The contractor to whom the contract is awarded and the subcontractors under him must pay not less than these rates to all workers employed in the execution of this contract. • 4 At the time of the award of the contract,the successful bidder shall poscecs a valid contractor's license, and • shall comply with any applicable City requirements concerning contractor qualifications. Submission of a bid by a bidder without a license subjects the bidder to civil penalties pursuant to Business & Professions Code section § 7028.15. The bidder must possess a Contractor License SPECIFY .No contract will be awarded to any bidder who is not a properly licensed California contractor as required by the California Business and Professions Code. WITHHELD CONTRACT FUNDS: As provided for in section 22300 of the Public Contracts Code,the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract INSURANCE AND BONDING REQUIREMENTS: The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage together with additional Insured Endorsements. The successful Contractor shall also furnish 2 bonds required by the State Contract Act. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and material. CITY OF SEAL BEACH RIGHT OF REJECTION OR WAIVER: The City reserves the right to reject any or all bids or any parts thereof,and to waive any irregularities or informalities in any bid or in the bidding,and to make awards in all or part in the best interests of the City. WITHDRAWAL OF BID: No bidder may withdraw his bid for a period of 60 days after the date set for the opening of bids. • CITY OFS� ��� Date: �/1J`_/9 7 • `�phen Badum,P.E. Director of Public Works • INSTRUCTIONS TO BIDDERS FORM OF BID PROPOSAL: Bid proposals BIDDER'S SECURITY: In accordance with shall be made on the bid proposal forms found Public Contract Code section § 20170 et seq., herein. The bid proposal shall be enclosed in a each bid proposal shall be accompanied by cash, sealed envelope bearing the name of the bidder a certified or cashier's check payable to the City and the name of the project as described in the or a satisfactory bidder's bond in favor of the Notice Inviting Sealed Bids. City executed by the bidder as principal and a DELIVERY OF BID PROPOSALS: The bid satisfactory admitted surety insurer as surety, in proposal shall be delivered by the time and to the an amount not less than 10% of the amount named place stipulated in the Notice Inviting Sealed in the bid. The cash, check or bidder's bond shall be given as a guarantee that the bidder Bids. It is the bidder's sole responsibility to see that his bid proposal is received in proper time. shall execute the contract for the project if it is Any bid proposal received after the scheduled awarded to bidder in conformity with the Plans, closing time for receipt of bid proposals may be the Specifications, and other Contract Documents, and shall provide the evidence of returned to the bidder unopened unless an insurance and furnish the required bonds as extension has been granted by the City. Bidders or their authorized agents are invited to be specified in the Plans, the Specifications al and other Contract Documents, within 15 calendar present days after written notice of the award. In rase of MODIFICATIONS AND ALTERNATIVE the successful bidder's refusal or failure to do so, PROPOSALS: Unauthorized conditions, the cash,check or bond,as the case may be, shall limitations or provisos attached to a bid proposal be forfeited to the City pursuant to Public will render it informal and may be cause for Contract Code section § 20172, except as • rejection. The complete proposal forms shall be provided in Public Contract Code section § without inter-lineations, alterations or erasures, 20174. Under Section § 20174, if the lowest unless each such correction is suitably responsible bidder fails or refuses to execute a authenticated by affixing in the margin contract,the City may award it to the next lowest immediately opposite the correction the surname responsible bidder, if it does so, the amount of or surnames of the person or persons signing the the lowest bidder's security shall be applied by bid. No oral,telegraphic or telephonic proposals the City to the difference between the lowest and or modifications will be considered next lowest bid, and the surplus, if any, shall be WITHDRAWAL OF BID PROPOSAL: A bid returned to the lowest bidder. No bidder's bond will be accepted unless it conforms substantially proposal may be withdrawn upon request by the to the form set forth as required. bidder without prejudice to himself prior to the date and time fixed for opening of bids,provided QUANTITIES APPROXIMATE: Quantities that the request is in writing, has been executed shown on the Bid Sheet, in an estimate included by the bidder or his duly authorized in the Special Provisions, or elsewhere herein representative, and is filed with the Director shall be considered as approximate only, being Public Works. No bid proposal may be listed for the purpose of serving as a general withdrawn for a period of 60 calendar days after indication of the amount of work or materials to the date set for the opening of bid proposals. be performed or furnished,and as a basis for the STANDARD SPECIFICATIONS: All comparison of bids. The City does not guarantee applicable sections of the Standard nor agree,either expressly or by implication,that PP the actual amounts required will correspond with Specifications for Public Works Construction, those shown, but reserves the right to increase or 1994 edition, published by Building News, Inc., decrease the amount of any item or portion of 3055 Overland Ave., Los Angeles, CA 90034, work or material to be performed or furnished or including any applicable supplements or to omit any such item or portion, in accordance amendments thereto (herein also referred to as with the Plans, the Specifications and other the "Standard Specifications"), as amended by Contract Documents, without in any way the contract documents, shall apply to the invalidating the Contract, should such increase, Contract. decrease or omission be deemed necessary or expedient • • ADDENDA: The Director of Public Works applicable provisions of the Business and • may, from time to time, issue addenda to the Professions Code, and with any applicable Plans, the Specifications and/or other Contract specific licensing requirements required by this Documents during the period of advertising for project as specified in the Contract Documents. bids, for purposes of: (a) revising prevailing The licensing requirements for contractors shall - wage scales, (b) clarifying, correcting or also apply to subcontractors. otherwise amending quantities of work under the BIDDER'S EXAMINATION OF SITE AND Plans, the Specifications or other Contract CONTRACT DOCUMENTS: The Contractor Documents, or (c) for other appropriate P represents that he has familiarized himself with, and assumes full responsibility for having Parties having obtained from the City the bid familiarized himself with, the nature and extent documents for the project shall be notified of and of the Plans, the Specifications and other furnished with copies of such addenda, either by Contract Documents, the actual conditions and certified mail, fax transmittal, or personal requirements of the work and the locality delivery, during the period of advertising at no including all local conditions, federal, state and additional cost. local laws, ordinances, rules and regulations that DISCREPANCIES IN PROPOSALS: The may in any manner affect performance of the bidder shall set forth for each item of work, in work and represents that he has correlated his clearly legible figures, a unit or line item bid for efforts and observations with the requirements of the item in the respective space provided for this the Contract Documents. purpose. The Contractor shall carefully study and In case of a discrepancy between the unit price compare the Plans and Specifications and other and the total set forth for the item, the unit price Contract Documents; check and verify pertinent shall prevail, provided, however, that if the figures shown thereon; and verify all applicable amount set forth as a unit price is ambiguous, field measurements prior to commencing work. • unintelligible or uncertain for any cause, or is The Contractor shall at once report in writing to omitted, or if the unit price is the same amount the Director Public Works any conflict error or as the entry in the "Total" column, then the discrepancy which re he may discover. The amount set forth in the "Total" column for the Contractor shall be responsible for exercising item shall prevail in accordance with the reasonable care and skill in reviewing the following: Contract Documents to determine whether there is any conflict, error or discrepancy therein, and (1) As to lump sum items, the amount set shall be responsible for notifying the Director forth in the "Total" column shall be the unit Public Works of the same. The submission of a price. proposal shall be considered conclusive evidence that the Contractor has made the described (2) As to unit price items, the amount set forth in the "Total" column shall be divided by examination. Contractor shall not at any time the estimated quantity for the item and the price after submission of the bid proposal complain, thus obtained shall be the unit price. assert or make a claim began upon ignorance n ns misunderstanding with regard to the conditions In case of discrepancy between words and to be encountered, the character, quality, or figures,the words shall prevail. quantities of work to be performed or materials to be furnished, and/or the requirements of the COMPETENCY OF BIDDERS: In selecting Proposal, the lowest responsible bidder, consideration will Plans, Specifications or other Contract be given not only to the financial standing, but Documents. shall claim for additional also to the general competency of the bidder for for extra wo shcr to made on the Contractor or the performance of the work covered by the for extra work created a conflicts, errors the proposal. To this end each proposal shall be discrepancies in the Contract Documents that tho Contractor should have discovered prior to supported by a statement of the bidder's submitting his bid experience on the form entitled "Information Required of Bidder" found herein. No No information derived from inspection of agreement for the work will be executed with a records or investigations or compilations of the contractor who is not licensed in accordance with same made by the City will in any way relieve the laws of the State of California under the Contractor from his obligations under the ; 4110 M • Contract nor entitle the Contractor to any the event the bidder to whom an award is made additional compensation. fails or refuses to execute the Agreement within DISQUALIFICATION OF BIDDERS: No said time, the City may declare the bidder's person, firm, or corporation shall be allowed to X1 rit forfeited, and it may award the work to make, file or be interested in more than one bid the next lowest responsible bidder, or may call for the same work unless alternate bids are for new bids. Where the City awards the work to specifically called for. A person, firm or the next lowest responsible bidder, pursuant to corporation that has submitted a subproposal to a Public Contract Code section § 20174, the bidder,or that has quoted prices of materials to aOU°t of the lowest bidders security shall be bidder, is not hereby disqualified from applied to the difference between the lowest and submitting a sub-proposal or quoting prices to next lowest bid and the surplus, if any, shall be other bidders or malting a prime proposal. If returned to the lowest bidder. If the second there is a reason to believe that collusion exists lowest responsible bidder fails or refuses to among the bidders,all bids will be rejected. execute the contract the City may award the work to the third lowest responsible bidder RETURN OF BID SECURITY: The pursuant to section§20174. successful bidder's security shall be held until the INSURANCE AND BONDS: The Contractor Contract is executed. Bidders' security shall be shall not begin work under the Agreement until it returned to unsuccessful bidders within twenty has given the City evidence of comprehensive calendar days after the succPcsf d bidder has public liability insurance and Workers' signed the Contract Compensation Insurance coverage together with AWARD OF CONTRACT: The City reserves additional Insured Endorsements. The successful the right to reject any or all bid proposals or any Contractor shall also furnish two (2) bonds parts thereof or to waive any irregularities or required by the State Contract Act Each of the informalities in any bid proposal or in the said bonds shall be executed in a sum equal to • bidding. The award of the Contract, if made, the contract price. One of the said bonds shall will be to the lowest responsible bidder. Such guarantee the faithful performance of the said award will be within ninety calendar days after contract by the Contractor, and the other said the opening of the bid proposals, except that the bond shall secure the payment of claims for labor award may be made after said period if the and material. successful bidder has not given the City written TELEPHONES: Bidders are hereby notified notice of the withdrawal of his bid. that City will not provide telephones for their use ALTERNATES: If alternate bids are called for, at the time of receipt of bids. the Contract may be awarded at the election of MATERIAL SUPPLIER: If the fine who is the City to the lowest responsible bidder on the signatory on the Contract is supplying materials base bid, or on the base bid in any alternate or only,a payment bond need not be furnished. combination of alternatives. LISTING SUBCONTRACTORS: Each bidder INTERPRETATION OF PLANS AND shall submit a list of the proposed subcontractors DOCUMENTS: If any person contemplating on this project, as required by the Subletting and submitting a bid for the proposed Contract is in Subcontracting Fair Practices Act (Public doubt as to the true meaning of any part of the Contract Code section § 4100 et seq.) A form drawings Contract Plans, Specifications or other Contra Documents, or finds discrepancies in or for this purpose is found herein omissions from such documents, he may submit EXECUTION OF AGREEMENT: The bidder to the Director Public Works a wriuen request to whom award of the work is made shall for an interpretation or correction. The person execute a written contract with the City in the submitting the request will be responsible for its form included in these contract documents and prompt delivery. The Contractor shall deliver all shall secure all insurance and bonds as herein requests a minimum of one week before the bid provided within fifteen calendar days from the opening. No requests will be accepted or date of mailing of written notice of the award considered after that time. Any interpretation or • Failure or refusal to enter into the agreement or correction of the Contract Documents will be to conform to any of the stipulated requirements made only by an Addendum duly issued, and a shall be just cause for the annulment of the copy of such Addendum will be mailed or award and forfeiture of the bidder's security. In delivered to each person receiving a set of the • • bid documents. No oral interpretation of any extent of the work and the forms and details of • provision in the Contract Documents shall be the various features of the work are shown on the binding. Plans. When referenced in the Contract OTHER REQUEST FOR INFORMATION: Documents, Plans shall include the construction Phone calls will not be accepted by the City plans and standard drawings concerning the project three business days prior FAIR EMPLOYMENT PRACTICES: The to the bid opening. Contractor shall complete and enclose with his SALES AND/OR USE TAXES: Except as bid the compliance report attached to the proposal, stating that the Contractor will pursue may be otherwise specifically provided herein, an affirmative course of action as required by the all sales and/or use taxes assessed by federal, affirmative action guidelines. state or local authorities on materials used or furnished by the Contractor in performing the As set forth in Labor Code section § 1735, no work hereunder shall be paid by the Contractor. discrimination shall be made in the employment CONTRACT DOCUMENTS: The Contract of persons upon public works because of the Documents consist of the Notice Inviting Sealed race, religious creed color, national origin Bids, the Instructions to Bidders, the successful ancestry, physical disability, mental disability, contractor's bid proposal and bid sheet medical condition, marital status, or sex of such Contractor's Industrial Safety Record, Non- persons,except as provided in Government Code Collusion Affidavit, List of Subcontractors, section § 12940. Every contractor for public Bidder's Bond to Accompany Proposal, works violating this provision is subject to all of Information Required of Bidder, Bid Security the penalties imposed for a violation of Labor Forms, any and all addenda to the contract Code Div. 2,Part 7,Chapter 1. documents distributed prior to the bid opening DISADVANTAGED BUSINESS date, Insurance Requirements for the City, ENTERPRISES: Where a project is funded in Performance Bond,Payment(labor and material) whole or in part with federal Department of • Bond, Worker's Compensation Certification and Transportation funds, City and Contractor shall Certificate of Insurance, Public Works Contract, comply with all applicable provisions of Title 49, Warranty Bond (as applicable), Plans, details, Part 23, Code of Federal Regulations standard drawings, applicable permits, notices ("Participation by Minority Business Enterprise and affidavits, the Specifications (including the in Department of Transportation Programs")and Standard Specifications and the General and Chapter 2.5 (commencing with Section 2050) of Special Provisions) and any and all applicable Part 1 of Division 2 of California Public Contract addenda or supplemental agreements. Code ("Certification of Minority and Women PLANS AND STANDARD DRAWINGS: The Business Enterprises") location of the work, the general nature and • • • DOCUMENTS TO BE EXECUTED AND SUBMITTED BY EACH BIDDER: Proposal UrBid Sheet [j,Contractors'Industrial Safety Record CAIon-Collusion Affidavit B4 ist of Subcontractors idder's Bond to Accompany Proposal Information Required of Bidder 13-References ❑ All Addenda to Plans&Specifications as issued by Agency prior to bid opening date(if any) ❑ Statement Acknowledging Penal and Civil Penalties Concerning Contractor's License Laws DOCUMENTS TO BE EXECUTED AND SUBMITTED BY AWARDEE: ❑ Performance Bond(s) ❑ Payment(Labor and Material)Bond ❑ Insurance Requirements for CITY OF SEAL BEACH ❑ Workers'Compensation Certification ❑ All Certificates of Insurance ❑'Public Works Contract ❑ Warranty Bond(as appropriate) • • • • PROPOSAL • Bidders Name R. J. NOBLE COMPANY TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: - The undersigned, as bidder, declares that: (1)-this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non-Collusion Affidavit; (2)-bidder has carefully examined the project Plans, Specifications, Instructions To Bidders,Proposal, Notice Inviting Sealed Bids and all other contract documents and information furnished therefor and the site of the proposed work; and (3)-bidder has investigated and is satisfied as to the conditions to be encountered,the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications,in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership,joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership,joint venture,or corporate or • individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is 10$ Bid "cash", "a Cashier's Check", "a certified check", or"a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of$ ,-an amount equal to at least ten percent(10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award,the cash,check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section-20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. • • • • In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for: HARVARD LANE OVERLAY in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH,to the satisfaction and under the direction of the Director of Public Works,at the following prices: BID SHEET BIDDERS NAME R. J . NOBLE ',COMPANY PROJECT IDENTIFICATION NO #673 BID DATE June 23, 1999 Bid Description Unit Quantity Unit Price in WORDS and Extended Amount Item • NUMBERS No. . 1 Grinding (0.2) SF 68,030 . 115 7,823.45 2 Asphalt-Rubber Aggregate Membrane SF 122,400 Material .41 50,184.00 :3 AC Level Course Pavement (1/2"to 1") Tons 830 34.00 28,220.00 4 AC Surface Course Pavement(1.5° Tons • 1,121 56.95 63,840'.•95 Rubber) • 5 Remove and Replace Curb&Gutter LF 210 34.50 7,245.00 6 Adjust Manhole to Grade EA 11 270.00 2,970.00 7 Adjust Valves to Grade EA 14 165.00 2,310.00 8 " Unclassified Excavation CY 7 185.00 1,295.00 9 • 4°A.C. Tons 5 200.00 1,000.00 10 " 6°Aggregate Base CY 4 160.00 640.00 Sub Total 165,528.40 Mobilization L.S. $7,500 Grand Total $ 173,028.40 For establishing bid price only and shall be inclusive as part of overall bid. Final quantities may vary. • • • NOTE: The City reserves the right to award a contract or reject all bids and re-advertise, as appears to be in its best interests. A bid is required for this entire work, the estimated quantities set forth in this Bid • Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that,if awarded the Contract,bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code,California Contractor's License No.- A-121735 Class A Legal Business Name of Bidder Business Address: Legal Business Name of Bidder R. J. NOBLE COMPANY Business Address 15505'E. Lincoln Avenue , Orange, CA. 92865 Business Tel. id . 714-637-1 50 Signature of bidder � - Date: Ji e 23, 9 Title J GR ' 'Fl, PRESIDENT Signature of bidder / ie Date I E 23 i 1,99 • Title J MES J./ DUNLEAVY, SECRETARY/TREASURER Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners,joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. • • • • INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor,Company or Corporation: R. J. NOBLE COMPANY Business Address: 15505 E. Lincoln Avenue, Orange, CA. 92865 Telephone and Fax Number: 714-637-1550 -, Kt C7-7 '6?-2( California State Contractor's License No.and Class: A-121735 A 1072150 7/31 /2000 Original Date Issued: Expiration Date: List the name and title/position of the person(s)who inspected for your fine the site of the work proposed in these contract documents: CHRIS PAGE, ESTIMATOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners,joint ventures,and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone JIM GRACE, PRESIDENT - 2022 Calle de los Alamos, San Clemente 949-498-8911 MICHAEL J . CARVER, VICE PRESIDENT - 23621 La Palma Av,. Yorba .Linda 692-1673 • JAMES J. DUNLEAVY, SECRETARY/TREASURER - 375 Silverbrook Lane, Anaheim 974-4955 STAN HILTON, ASSISTANT SECRETARY- 918 So. Lone Pine Lane, Anaheim 281-4232 Corporation organized under the laws of the State of California The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: NONE • • All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in • this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners(public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary)provide: Provide the names,addresses and telephone numbers of the parties; NONE Briefly summarize the parties'claims and defenses; NONE • State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. NONE Have you ever had a contract terminated by the owner/agency?If so,explain. NO Have you ever failed to complete a project?If so,explain. NO Have you ever been terminated for cause and then had it converted to a "termination of convenience"? If so,Nxplain. • For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By y, gainst the owner? Yes o 2. By caner against you? • Yes No • • • • 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, fats'. •_ certified payrolls,etc..) 4. Yes 4. By sntractors(Stop Notices,etc.) Yes . 5. Are any claims or actions unresolved or outstanding?Yes % If yes to any of the above,explain. (Attach additional sheets,if necessary) NONE Failure of the bidder to provide ALL requested information in a complete and accurate manner shall be considered non-responsiveness and may result in rejection of the bid,forfeiture of the bid security and other penalties. Subscribed and sworn to before me By This 23 day of June , 19 99 (print name of Owner or President of Corporation/ay) YL4,1 An,A (Signature . otary Republ c) y ) JIM GRACF PRESIDENT (Title) (SEAL) , • June 23, 1999 • w q. GROSKOPF (Date) #1130198 0 '`d,..ta NOTOO COMM. MY�nmm,€%N,Aprit 21.4401 (Signature of Secretary of Corporation) JAMES J. DUNLEAVY SECRETARY/TREASURER June 23, 1999 .• • • REFERENCES • Bidders Name R. J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER SHALL BE CONSIDERED NON-RESPONSIVE AND MAY RESULT IN THE REJECTION OF THE BID AND FORFEITURE OF THE BID SECURITY. FAILURE TO DEMONSTRATE ADEQUATE EXPERIENCE MAY RESULT IN REJECTION OF THE BID. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of$15,000,provide the following information: 1 Project Name/Number 12-0646U4 Project Description NYES PLACE TO MYRTLE ST. , ORANGE COUNTY Approximate Construction Dates From to Completed 3/99 Agency Name CALTRANS Contact Person ALI SOLEHJOU Telephone( ) .714-556-9416 Original Contract Amount$ 2,721 , 302 Final Contract Amount$ 2,721 ,302 If final amount is different from original,please explain(change orders,extra work,etc.) • Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. NO 2 #1585 Project Name/Number Project Description 17th ST. REHAB. , BROADWAY TO BRISTOL Approximate Construction Dates From to Completed 4/99 Agency Name CITY OF SANTA ANA Contact Person BILL ALBRIGHT Telephone( ) 714-565-4028 Original Contract Amount$ 1 ,5 82,2 6 0 Final Contract Amount$ 1 , 582,260 If final amount is different from original,please explain(change orders, extra work,etc.) • • • Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. NO 3 Project Name/Number Project Description RESIDENTIAL STREET RECONSTRUCTION Approximate Construction Dates From to Completed 3/99 Agency Name CITY OF SANTA ANA Contact Person RON BOWERS 714-738-6322 Telephone( ) Original Contract Amount$ 632,528 Final Contract Amount S 632,528 If final amount is different from original,please explain(change orders,extra work,etc.) • Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. NO 4 Project Name/Number Project Description PAVEMENT RESURFACING & SLURRY SEAL PROGRAM Approximate Construction Dates From to Completed 10/98 Agency Name CITY OF YORBA LINDA Contact Person FERNANDO SALDIV�ephone( ) 714-961-7100 Original Contract Amount$ 473,980 Final Contract Amount$ 473,480 If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. • NO • 5 Project Name/Number Project Description VALLEY VIEW REHAB. FROM CABALLERO TO ARTESIA Approximate Construction Dates From to Completed 11 /98 Agency Name CITY OF BUENA PARK Contact Person NABIL Telephone( ) 714-562-3500 Original Contract Amount$ 514,164 Final Contract Amount$ 514, 164 If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO • 6 ST-216 Project Name/Number Project Description. PAVEMENT REHAB. OF RESIDENTIAL STREETS Approximate Construction Dates From to Completed 1 /99 Agency Name CIT.YiOF LA PALMA Contact fie rsonISMILE NOORBAKSH Telephone( ) 714-523-7700 Original Contract Amount S 228.767 Final Contract Amount$ 228,767 If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. NO • • • Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. CRAIG PORTER - Foreman - 10 years - Superintendent - 1 year - total 22 yrs wih RJN Craig Porter will be the Superintendent for this project. Jobs Completed / Jobs Open City of Costa Mesa Disneyland Habor Blvd. Harbor 'Blvd. City of Huntington Beach Beach BIN. • Supervisors all paving contracts for R. J. Noble Company .• • • DESIGNATION OF SURETIES • Bidders name R.J . NOBLE COMPANY Provide the names,addresses,and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds(list by insurance/bond type): BONDING: STONG INSURANCE SERVICES, INC. 4850 Arlington AVenue, Suite B Riverside CA. 92504 MICHAEL D. STONG 909-343-0382 INSURANCE: _.MILLENNIUM SOLUTIONS _7700 Irvine Center Drive, Suite 505 Irvine, CA. 92618 CLOE BIERMAN, CIC 949-788-0007 • • • • • CONTRACTOR'S INDUSTRIAL SAFETY RECORD • TO ACCOMPANY PROPOSAL Bidders Name R. J. NOBLE COMPANY Record Last Five(5)Full Years Current Year of Record - Current 1 1 1 1 1 Year of 9 9 9 9 9 Total Year Record 98 97 96 95 94 No. of contracts 28 79- 83 80 75 70 35 million 1999 Total dollar Amount of 3.5 m. 31 33 32 29 27 31 million 1998 Cones (in m. m. m. m. m. 33 million 1997 Thousands of S) 32 million 1996 No.of fatalities 19 million 1995 none none none-- none none 27 million 1994 No.of lost none NONE Workday none ('aces none none nose none No.of lost node NONE workday cases none _. involving none none no le none permanent transfer to another job or • termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10,Occupational Injuries,Summary-Occupational Injuries and Illnesses,OSHA No. 102. Legal Business Name of Bidder R. J. NOBLE COMPANY Business Address: 15505 F I i nrnln Avnaue Business Tel. No.: 714-637-1550 State Contractor's License No.and Classification: A-121735 A Title JAME J . DUNLEAV;Y+;-SECRETARY/TREASURER The above information . comp I =. from the records that .. • available to me at this time and I declare under penalty of perjury l:.t the• ,rnation is true and a• . .to within the limitations of those records. Signature of bidder ` i£ 4' Date J 111 - 2', 1999 Ti 010. II II SECRETARY/TREASURER Signature of bid. S�� eM_. Dat' tine 23, 1999 Title JIM GRACE, PRESIDENT Signature of bidder Date Title Signature of bidder - Date • Title • • ACKNOWLEDGEMENT OF ADDENDA • Biddersname R. J . NOBLE COMPANY The bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Signature NONE NONE jig 61f GRACE, PRESIDENT • • • LIST OF SUBCONTRACTORS • TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section-4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to be performed by: (1)each subcontractor who will perform work or labor or render service to the bidder (as • general contractor) in or about the construction of the work or improvement; and (2)-each subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidder's total bid or ten thousand dollars($10,000),whichever is greater. Subcontractor's Name Location of Place of Description of Percent Percent of And License Number Business Work Of Total Work Bid LIC.4b2511 14191 Newport Ave. ELITE BOBCAT Concrete 3.6 100 SERVICE Tustin, CA 92680 MANHOLE ADJUSTING 2300 Greenwood Ave. Water Valves Manholes 30 100 INC. LIC 398443 Monterey Park, CA Ara^ ALL AMERICAN ASPHALT P.O. Box 2229 Cold Mill 4.1 100 LIC 267073 Corona, CA 91718 • SEE ENCLOSED BI•OND • Bond No. • BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has issued an invitation for bids for the work described as follows: WHEREAS (Name and address of Bidder) ("Principal"),desires to submit a bid to Public Agency for the work. WHEREAS,bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) • ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars($ ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, execut ors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds,one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys'fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code§ 2845. • • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of ORANGE JIM GRACE , being first duly sworn, deposes and says that he or she is VICE PRESIDNET of R.J. NORLF CO. the party making the foregoing bid, in accordance with Public Contracts Code Section 7106,declares that the bid is not made in the interest of, or on behalf of, any undisclosed person,partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price 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 corporat ion, partnership, company, association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: HARVARD LANE OVERLAY Legal Business Name of Bidder R. J. NOBLE'COMPANY • Business Address 15505 E. Lincoln Avenue, Orange, CA. 92865 Signature of.No. 7�-637-15 9� s Signature of bidder Title GR SCE, PERSID NT Date: une 2 tl 1999 Signature of bidder Title /DU NLEAV`SECRETARY/TREASURER Date: Ju 23, 999 Subscribed and Sworn to before me on June 23, 1999 (Notary Seal). Signature j Notary E r-~ M.A. GROSKOPF ° o COMM. #1130198 0 W 'o 'tar; NOTARY PUBLIC-CALIFORNIA j 4a 0 'y ORANGE COUNTY it y`q,= My Gomm.EzP.April.2 L 2001/ Bauer- `, • • If bidder is an individual, name and signature of individual must be provided, and, if he is doing business • under a fictitious name, the fictitious name must be set forth If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided,followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided,followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known.to him or her to be such, and, in the rase of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. JIM GRACE, PRESIDENT JAMES A DUNLEAVY, SECRETARY/TREASURER R.J . NOBLE COMPANY, A CALIFORNIA COPRORATION 15505 E. Lincoln Avenue • Orange, CA. 92865 174-637-1550 ‘ JIM GRACE, PRESIDENT MICHAEL J . CARVER, VICE PRESIDENT JAMES J. DUNLEAVY SECRETARY/TREASURER STAN HILTON, ASSISTANT SECRETARY • • • • • I�I � State of CALIFORNIA RIGHT THUMBPRINT(Optional) •• • County of ORANGE On June 23, 1999 before me, M.A. GROSKOPF 5 (DATE) INAMErrITLE OF OFFICER-LeNANE DOE,NOTARY PUBLIC' 'o personally appeared JIM GRACE, PRESIDENT AND JAMES J. INAMEISI OF SIGNERISII DUNLEAVY, SECRETARY/TREASURER OF R. J. NOBLE COMPANY CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIST XJOcORPORATE X.: l personally known to me -OR- LI proved to me on the OFFICERIS)_ ants basis of satisfactory OPARTNERIS) DLIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR • acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: MA. GROSKOPF r and that by his/her/their (Name of Person(s)or Entitylies) COMM. #1130198 0 signature(s) on the , --ta tb! ;' NOTARYPUBUCCALIFORNIA j instrument the person(s), R. J. NOBLE COMPANY a rr::Y ORANGE COUNTY or the entity upon behalf y 0gmm:r-.� April zl 2001�, ( acted,hichexecutedso the t • RIGHT THUMBPRINT(Optional) instrument. • Witness my d and official seal. 0 'SEAL) `o + �\ (SI -ATURE OF •'J1 I CAPACITY CLAIMED BY SIGNER(S) - ❑INDIVIDUALIST 000PP0RATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. 'TITLES( Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) ❑LIMITED unauthorized document. OGENERAL OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEEISI MUST BE ATTACHED OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document DOTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(ies) • WOLCOTTS FORM 63240 Ray.3-94(price class 6.2A1 01994 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS ` g 7 iiiii.iiw{1611 4D 8 SEE ENCLOSED BID•OND • • IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) • Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • RELIANCE INSURANCE COMPANY • HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA Bond No. N/A BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A-310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we R. J. NOBLE COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania,a corporation duly organised under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SEAL BEACH as Obligee, hereinafter called the Obligee, in the SUM Of TEN PERCENT OF THE AMT. BID Dollars ($107 OF AMT. BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for HARVARD LANE REHABILITATION (673) • • NOW, THEREFORE, if the Obligee shall accept the hid of the Principal and the Principal shalt enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of JUNE A.D. 19 99 R J. NOBLE COMPANY I• .- ( Inclpall C -11 (Witness) IIWRACE, PRESil T RELIANCE INSURANCE COMPANY 1 ' INIST MICHAEL D. STONG ` 5'1'ORNEY—IN—PAC' • • 'STATE OF CALIFORNIA 1. SS. COUNTY OF RIVERSIDE On 6 lie L RcJ , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ ROSEMARY STANDLEY their signature(s) on the instrument the person(s), or the / ' COMM.t.STAND entity upon behalf of which the person(s) acted, executed Q ; t NOTARY PUBLIC-CALIFORNIA to• the instrument. M RIVERSIDE COUNTY My Comm.Expires June 7.2000 WITNESS my hand and official seal. Signature --����ilf. .� = 7 S►l. . r This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLF.(S) ❑ PARTNER(S) E. LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Hi OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-OSI. Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT T.6EIE4(CE(QFj' i]DOCUME[UELO:Sj C10.11QREQ]9QBJ$G812UNf W.191IE(PAP,EF,e , I IVELIANCE SURETY COMPAfJY1 > . . RELIANCE INSURANCE COMPANY 1 UNITED PACIFIC INSURANCE COMPANY ., ,� RELIANCE NATIONAL INDEMNITY COMPANY y r, r , ,C - E l l a l l I T R A T I gq V E _ T IIL,Ir I -al: rrU .nits x POWER OF ATTORNEY • ✓ SvL-�xJ ..u'T yyt1, '.:• ) : f ' 1 W ".;.!_ 1 y { i ,�.:H 4+$ t� KNOW ALL MEN F i I I r - >'RESENTS that RELIANCE SURETY.COMPANY Is a corporation duly organized under.t rs of the Slate of Delaware r andthat RELIANC IN„U1sAnCE COMPANY and UNITED PACIFIC INSURANCE COMPANY are corporations duly a n¢ed under the laws of the lCommonwealtfi:o Pennsylvania•and th t REUANCE.'NATIONAL'INDEMNIT:COMPANY isia corporation duly orgarnz- der the laws of the State:of_• 3 Wsconsm (herein collectively.called ,4he Companles').and'that the Companies b"y virtue'of signature and seals do_herd ake:constitute and appoint . Michael•D.S''` Susan C Monteon;''''' 9lume' 4-- -' "Standley p"`"'• rside,Ca-•—•4'''' -"' true and lawful Attorney(s)-1n-Fact;to make•pxe ate-;seal and,deliver for:and on'the i beh •�I.' andtas"therrrachand deed any and'all'bonds`and,undertaking`s of_ suretyship.and:to•bind the 'a;•`,ornpanies thereby as fully and to the sam t it as,if such:bonds'and undertakings'and other wrltrngs•obligatory,In;the nature thereof were signed by , r. Executive Officer of the,Companies and • I d and'attested,by one other of such officers and hereby ratifies andicconfinris all that their said Attor =' y .7 - eL on _ - ' a ' - '- v is E .e-v7.1).in-Fact may do in pursuanre.herenf . . -v Ids l`. - .�'. °< . i�%k?' - This Powerof•Attc "i',. i,'-'J n.l l Ii .�II ".1 ,'r ti '11 F v.ti fl IAfJ ;E SURETY '.,VMPANV.RELIANCE INSURANCE COMPANY UNITED PACIFIC IN;URA_NCF I',H r,1 Id PEI,la r C C r:?`r=I'J�Cvii EU' Ti _I If r '.NY'.:hr- i r ;i iny. ifulF-force and effect reading as followsi: - - • - - -- - y xg s' 1 ITen d fD V { sd t h to man riF In d Y nYV II J L l -- r rdiulnrly In dal pry tAtinai(a 1 dl'auhnre Mom aea .nbehell. h C p.ny,bands ado I .• 1 t t Mm Y toiler s bge:my m the iuu r •Cnwe x . v - d a} din t r ow ys hAm yl I t une'and r P and rlygie the - , -� 1i r &t:_,,•,-._. { jr+ p-..v..h . ^4 AI rf r +ru .+ lfr - o " I �' tonn eyin f r II I c l 1 nor n n d l h l d il l er n behalf t n r V [v Ms and rok •,[rcvgn anrtmuol ry i e Iy edutU.r t oN gm n n henm re h n[ Ibe I s d d ratingsr n. i d. nu aandratt a -r [ g]Jb $ n h f n6 '. 0frl f- - £f d1k } 3 t Y x a F }`r• � r F III I y flIdan a r red oti f B r¢1 bl1 Y riLna 6 and IM1 1 h n,.� aim v P 1 fy l 1. nt o( I C 1 .J p es of ih ift l I y S Y•tr{ r ad I P F i .. ' .. C laic. 1 d wl I M1 J d l ryy, ( h II a adopted ny Ili f 2nd[ r r l �s I U nt k l Unitas I. Ora.d.0 npov irtl Het sre Ndiul lMCmrlvC ,tipany by ll icran- ofPehurtvE9•19ae yi 1yt L < cial Couluti(tCetif theB J of D .ois. • • _) �IarreiyC -.I f 1 I Ikla)1 _ - f - alum-tins end unions.and t ¢ I or Or f p. -i fAttorney.pc any terutacates TI N he lut.sont1o,and rr`�"d_ t -- ul II II II ., 1 ^f 1 �1 hP -1 1 nl IM1VI butur- hct tl }e F J d 6 kl oh._h h 1 _ 1 FIN;WIT .r .1 n MTh: u -. I • It.1...- I These presents to be signed and h r -- - 1-1 Laraffi aiii,Led;this April 2;,195a.-•r. ° ' - !j r.t- RELIANCE SURET.YfcOMPAN r RELIANCE INSURANCE COME 'Ni ,. fc or - UITED PACIFIC INSURANCE COr 1 J 1 'J( tit 1L 1 St �I . �ir i F � - G'CL J •F l c.TI N LINDEMNITY COr IF"'I 1 rla, S �` _ y- ,,�S.,�.T.ATE OF Wash gtori } ipAr. ,v _ COUNTY OF King ra ,'t }•ss. - 5 _"}`.v Ti ` " a1-L- ' - & r ` + f _p,. ", r j,y.:, .r r r.1 - r i April 2,;1999 before ce 1Laura Lrd Wadsworth personally appeared Mark W. Alsup .who acknowledge'd,hims elf to'be the Vice President i t theme Reliance Surety Company„Rellanceinsurance.Company yUnited Pacific Insurance Company and Reliance NationalyIndemnity Company and that such;.being authorized to do so executed the foregoing instrument for the purposI II In contained • • ail i i aile'neffie of th• 11. f by himself o' : '` its duly authorized officer +a' ° it '�>_•' - <, ti<.<7' � 4i >,a R > . n G 1 . � "r5 _-. o 1we� i - \ L.. ic n wIt I hereunto e I : and oft - f as 1 y��!� ��,HOIARY P'UBI-�� ,'C .� "2::-ti J :,� -�9U`V < li � 'gt�3'5'2i A4-'-°qr - Notary Public in'and for the State of Washir s;`, • ok - � w F -'Residing at.�Pkuyallup <u - I,Robyn_Layng;:""Affssistant Secretary of RELIANCt SURETY COMPANY RELIANCE INSURANCEF OMPANY UNITED PACIFIC INaUN:r.•.I, wMP -ANY?iand::RELIANCE•NATIONAL'INDEMNITY5COMPANY:do fiereby certify:that the above_and:foregoing is•a true:and oorrect'copy o"'. Power of . ')Attorney axecuted by said Corypanles' v ieh is still in full force sndIeffe t f-�n " w'r'eck Y''I" .It s y a y U .:1•--Q - , � _ I IN WITNESS WHEREOF have hereunto set my hind and raffxed the seal l s thi day of. fr " �� 1 � � r. 1 _�� • I 71(= ‘,-..:H. � tir..11 H. ( - ' H : - - .-11:1 - .. ::11:1: . • x2b ij,C_ - a.-..dry- ' ;. iT,NEI67ieKIOUT..HISIDQGUMENTric:ONTAINS]AN RirE,ICI'ARw.ATERWRKCIRO PdTITOIMNGLEjT,OrrINN I , I • 4- . - . ' • State of CALIFORNIA RIGHT THUMBPRINT(Optional) • County of ORANGE 0 On June 14, 1999 ' before me, M.A. GROSKOPF . . o (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE.NOTARY PUBLIC') 'o personally appeared JIM GRACE, PRESIDENT • (NAMES'OF SGNERISII CAPACITY CLAIMED BY SIGNERISI OF R. J. NOBLE COMPANY °INDIVIDUALISI X(CORPO,RATE • W personally known to me -OR- ❑ proved to me on the OFFICERISI ,Tram basis of satisfactory ❑PARTNERIS) ❑LIMITED evidence to be the OGENERAL person(s) whose name(s) °ATTORNEY IN FACT is/are subscribed to the OTRUSTEEISI within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: ry-? „�,;. - FRry -y: tl i r. and that by his/her/their (Name of Person(s) or Entityliee)• fJ.A signature(s) on the R. J. NOBLE COMPANY a� A.COMM. #112,0198 1 instrument the person(s), c v „t NOTAH�PU211 r'tL f•C?�.p c? U. ;>m. ` ORANGEc,ol)rT' or the entity upon behalf 3 � �.. it MyCGmANGE OUNi:1 ,_�'__ I of which the person(s) }� �w� -' � =°�•-� acted, executed the '- ' '•1>F-r instrument. RIGHT THUMBPRINT(Optional) • Witness my hand and official seal. I 0 (SEAL) \ J./(i/. > ` _ o iiiATURE OF NOT•RV)' CAPACITY CLAIMED BY SIGNERISI ❑INDIVIDUALISI 000BPORATE ATTENTION NOTARY 0FACERIS) The information requested below and in the column to the right is OPTIONAL. (T1TL51 Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) OLIMITED � unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Trtle or Type of Document °TRUSTEEISI MUST BE ATTACHED - OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document °OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entityliee) I I II l JI fII • ALL PURPOSE FORM 63240 Rev.ENT I WITH class R 2A7 0199E RESENT WOLCOTTS I FORMS.INC. (c: ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIAEPRESENTATION/iVJO FINGERPRINTS MP. I 63240 " a