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Ace CD, Inc. - 2011-03-21
REC IV a N BY�/ ? - � (Date) TO: ity Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. E- (Company CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating RECE VEL JUL 2 8 2011 Approved Q(�. Agenda Item No. (Council Approval Date) , n City Clerk Vault No. ✓ #27 g1followup/bondletter.doc RECEIV D BY:/ (Name). i (Date) l CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: 'Shari=Freidenrich; City Treasurer �i FROM: i DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 113 �` lr MSC No. �A /4 Approved �00. J v (Council Approval Date) (Company Agenda Item No. City Clerk Vault No.�� J #27 gJfollowup/bondletter.doc FROM: Duane D. Wentworth, Contract administrator DATE: 7/15/11 SUBJECT: Retention Release Payment Company Name: ACE CD, Inc. Address: 1199 Englewild Drive City, State and Zip Code: Glendora, CA.91741 Phone Number: (626) 852-257 Business License Number: A259847 Local Address: N/A Notice of Completion Date:6/16/11 Contract Purpose: Central Park Sports Complex- 8th Field The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on Date bject at this time. pkins, Public I certify that there are no outstanding invoices on file. Date v r !ZZ orks Director , Deputy City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 2bR-7111 Date 1348 Retention Release Memo 7/15/2011 11:05:00 AM RECEIVED BY: (Name) (Date) TO: ity Treasurer FROM: l S DATE:��/ SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. / MSC No. 31�, 0// Approved Qd. (Council Approval Date) (Company : 7�: f,; �. &. 9 vz� � Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingtdating k s IF #27 g1followuplbondletter.doc MAINTENANCE BOND Bond no. 782694P KNOW ALL MEN BY THESE PRESENTS: That: D D Systems Inc., dba Ace CD Inc. (contractor's name] 1904 Arrow Highway, La Verne, CA 91750 _ [contractor's street address, city and state and zip code] as Principal (hereinafter called Contractor), and: Developers Surety and Indemnity Company lsureVs name) 17780 Fitch #200,-Irvine, CA 92614 [surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of Iowa with its principal office in the City of Irvine as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of One Hundred Fifty One Thousand Three Hundre400tWpars ($ 15l .300.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated March 21, 2011 entered into a contract with Ownerforthe Huntinzton Beach Central Park Sports Complex 8th field including but not limited to grading, irrigation, chain link fencing, to complete install tofdsoftballt field with drawings and specifications prepared by Department of Public Works ("DPW") which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be June 16 , 20 11. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. . Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the. Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall Include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either. (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available 10-2567/50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shalt state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective worts and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's defaults) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 21st Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED) NOTM day of June t. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 20 11 D D Systems Inc. dba Ace CD Inc. (Contractor Name) 2 10-2567/50593 y a...,.,.,�,�. - Ines) 1 y (Title) fVED AS TO FORM cGRATH, City AttDMay CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s7 a► aY' .ss"`- �Y, r9' - `ez' d" dZ^'�3' y sr' eir' P3, a�,'�.>a" eY' �3 � es STATE OF CALIFORNIA County of Sacramento On 06/21/2011 before me, P. Bewley, Notary Public ; Date Here Insert Name and Title of the Officer personally appeared **Greg Zoffman** Name(s) of Signer(s) P. BEWLEY Q__�CoMm. comm. # 1860333 NOTARY PUBLIC -CALIFORNIA SACRAMENTO COUNTY 0 EXPIRES AUG. 7, 2013 j who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s� is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/herAhiair-signatures}on the instrument the persons}, or the entity upon behalf of which the person(s} acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h n official eal. Signature Place Notary Seal Above Signature o y OPTIONAL u is Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s):— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: O 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or severally' as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: "'} )BIND A DaieYoung, Vice -President ePo ,' _A 10 By. = t936 Stephen T. Pate, Senior Vice -President?. State of California . ?teylJYYyYYYatI County of Orange On January 31, 2011 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Younq and Stephen T. Pate Name(s) of Signer(s) E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate ise xecutedin the City of Irvine, California, this 21 st day of June 2011 . By: ereregg Ok4ur , istnt ID-1380(Rev.01/11) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC - 4-9 Project: cc ycf r _e ,Yr f�`n The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of Califonua, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of s (vim , 20�, at n Q ' ,California. A-c r, c., I,) i v-ic_ (Type Contractor Name) Name: [Type Name] Title: [Type Title] FRA UP-MR c NNEY -rus o3. 3b • 0-tp 247542.1 I, ►) CA I n (Name o} CONTRACTOR'S CERTIFICATE state and certify that: ICE C ) [�JC • is the general contractor to the City of Huntington Beach ("City") on Contract No. rC 13,(the "Contract") for the construction of the public work of improvement entitled: e -C d cc _ / 3 �t & (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed -below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at b os XV� 6 & j on this &2 _ day of �� 1 yj e , 2011_. (Si of Declarant) APPROVED AS TO FORM By: r sj 1 -7/6 3 • Zo ote Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: 96 k s tr �s 4'I nit P G r cc The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this f day of (tje, 20 , at L California. A--c. r-- C D i r\ C--, (Type Contractor Name) By: Name: [Type Name] ,+ Title: [Type Title] R A ORNEX `1) 3 •'-ar4 • (-%Q 245RIA PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Duane D. Wentworth P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111 NO FEE 2011000294239 01:38pm 06/16/11 66 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to ACE CD, Inc. who was the company thereon for doing the following work to - wit: HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX-8T" FIELD, CONSTRUCTION CONTRACT-1348 That said work was completed June 10, 2011 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June 10, 2011, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this June 10, 2011. f . Qrector of Public Works or City Engineer ty of Hunt6gton Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have. read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Record of Orange County. Dated at Huntington Beach, California, this June 10, 2011.I% �' rector of ublic Works or City Engineer This document is solely the official business of V y of Huntington Beach, California the City of Huntington Beach, as contemplated City under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: CITY CLERK RECEIPT COPY ---., P, Return DUPLICATE to 1 ? 6Ir, a° City Clerk's Office (Name) r �� after signing/dating 4 �► I (Date) LIM CITY OF HUNTINGTON REACH �0 INTERDEPARTMENTAL COMMUNICATION �,- TO: S01"iWl� haari=Freidenrieh, City Treasurer FROM: LA" DATE: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved pp (Cou ncit Approval Date) 1`-47z,' c" C_'_ 1a /A.) C (Company Name) 6 9,y Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ace CD, Inc. FOR Huntington Beach Central Park Sports Complex - 8th Field TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 7 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS I 1 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 14 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 16 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 NON -ASSIGNABILITY 17 CITY EMPLOYEES AND OFFICIALS 17 STOP NOTICES 17 NOTICES 18 SECTION HEADINGS 18 IMMIGRATION 19 LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 ATTORNEY'S FEES 19 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 20 DUPLICATE ORIGINAL 21 CONSENT 21 SURVIVAL 21 MODIFICATION 21 SIGNATORIES 21 ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ace CD, Inc. FOR Huntington Beach Central Park Sports Complex - 8th Field THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Ace CD, Inc. , a California Corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Huntington Beach Central Park Sports Complex - 8th Field in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 1 of 22 5/ 10 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 5110 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/ciryconst 3 of 22 5110 'DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred and Fifty One Thousand and Three Hundred Dollars Dollars (S 151,300.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Forty ao consecutive Working Days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 5110 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 5 of 22 5/ 10 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 5110 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst % of 22 5110 the sum of Five Hundred Dollars ($ 500.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/sur£net/cityconst 8 of 22 5110 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 9 of 22 5/10 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 5/ 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has, been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 5/ 10 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 5110 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 5/10 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 5110 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 5/ 10 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 5110 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this. Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 17 of 22 5110 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Duane D. Wentworth 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Ace CD, Inc. 1199 Englewild Ln. Glendora, CA 91741 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 18 of 22 5110 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 19 of 22 5/10 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 5/ 10 37. CONSENT Where CITY's consent/approval is required under this Agreement, its n consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in .the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering 'into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 21 of 22 5110 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on MIM °(,W A / 20 / l . CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal c to he State of California Ace CD, Inc. !�� � '0 o ff -- yor By: 311 n a �Xe r ity Clerk .I(- k print name ITS: (circle one) Chairma Presiders Vice President AND By: print -name ITS: Secreta (circle one /Chief Financial Officer/Asst. Secreta)y - Treasurer g/agree/surfnet/cityconst 22 of 22 5/10 INITIATED AND APPROVED: ` ,—Director of Pubic Works RVIE D APPROVED: it Administrator APPROVED AS TO FORM: City Attorney SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 81h Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 LS $ TOTAL AMOUNT OF BASE BID: $ 1-51,400 IN WORDS: / • f $n4w- OLLARS AND 20Y-0 CENTS Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name andfflddress of Subcontractor .: State License Class , qf Work ,, . Number G1^KY Ai b 0 j (AL k v C 67'// C7JY)_t12- i C .4 5 g 7 7 61+ &nG,. X) 1 SK rUL I -el Ve KVI e- 04 q14 Sr, 2t A 43,0V � "JPr�il ,� C�'`nCl'LI�- r �►''.1� f �7'�� ?�O C p� C By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Qxange- LOS Anspl 0 'ba.hvV- , being first duly sworn, deposes and says that he ie is Zd G,-t of A-Ce— CD � w`�- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. k r- GtP h."C 4 Name of Bidder Winature"oTBidder Add ess of id er ale — C0 --e-\ , CP- '7 0 4 Subscribed and sworn to before me this q*,\day of Pb • 2011 NOTARY PUBLIC NOTARY SEAL K. SHAH a NOCTomm�RCA# 189018C-4 N TY MY UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8th Field (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: � 4 �z C-5 A-C{= Lf) 1 "�, Contractor By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0 No If the answer is yes, explain the circumstancesin the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2 / 2� 7- / 1 C-7 A-CJ5 co h Contractor By Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A-C�, 0 I n� Bidder Name i099 Business Address -PQ ►g COL ell 7L4 t City, State Zip 6)6 > 65- 5 Telephone Number b' P7 TO 4, 6, cI u State Contractor's License No. and Class N0V ,r70z Original Date Issued n/oV -�QrZ Expiration Date The work site was inspected by Oa"v) f our office on Z % S , 201L. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. -,A Signature of Bidder bO\�AILA Printed or Typed Signature Subscribed and sworn to before me this O�day of F 201 =91HOTARY =PUBLIC-CALIFORNIA COuNFJXP181 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 PARTIAL LISTING OF PROJECTS COMPLETED / REFRENCES Project Description / Location Value Year Completed Contact Name Telephone 1 CYPRESS COLLEGE TENNIS COURTS $983,000 2003 Steve Bachor 909 980-6716 9200 Valley View Street Project Director Cypress, CA 90630 PCM3 Construction Management Co. 10440 Trademark Street Ten Tennis Courts, Ball Wall, Lighting, Fencing, Landscape Irrigation Rancho Cucamonga, CA 91730 2 CHINO YOUTH CENTER $125,000 2002 Mike Kolling 909 464-0768 13220 Central Avenue 13220 Central Avenue Chino, CA 91710 Chino, CA 91710 Parking lot Remove and Replace, Concrete Curb and Walkways, Lighting, landscape Irrigation 3 COVINA PARKS $378,000 2002 Robert Staples 818 388-0564 3 Locations Project Manager 125 East College Street Prose Grantwriting Services, LLC Covina, CA 91723 711 E. Walnut Street Pasadena, CA 91101 Playground Equipment, Drainage, Playground Surface, Demolition 4 AUTOMOTIVE REPAIR SHOP $800,000 2007 Robert Gharibian 909 260-9000 2036 Arrow Hwy Owner La Verne, CA 91750 Design and Construction for 3,500 sf concrete block building, framing, parking lot, lighting, landscape irrigation 5 SINGLE FAMILY RESIDENCE $200,000 2007 Abraham Fakhoury 909 900-2584 951 North Glendora Ave, Owner Glendora, CA 91741 Exterior and interior remodel, Flooring, Doors, Windows, Cabinets '' M INSCO INSURANCE SERVICES, INC. �p Underwriting Manager for: C�ij mp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • trvine, California 92614 • (949) 263-3300 N KNOW ALL MEN BY THESE PRESENTS, That we, D D Systems, Inc. dba: Ace CD Inc ** DUPLICATE ORIGINAL ** BOND NO. N/A as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of ten percent of amount bid Dollars, ($ 10% amount bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Huntington Beach Central Park Sports Complex 8th Field, CC No. 1348 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Seated this 18th day of February D D Systems. Inc. dba: Ace CD Inc. By: Rincipa" ID-1198 (Bid Bond) (REV. 1/01) and 2011 YEAR Attomey-in-Fact 6 SINGLE FAMILY RESIDENCE $1,900,000 2003 Val Dare 323 428-2004 1436 Tangelo Lane Owner La Habra Heights, CA 90631 Design and Construction ground up complete in place 7 SINGLE FAMILY RESIDENCE $1,500,000 2009 Alia Abboud 206 795-9665 1145 North Glendora Ave Glendora, CA 91741 Design and Construction ground up complete in place 8 CURB /GUTTER AND SIDEWALK City of Glendora Various Locations 9 BUS SHELTERS City of Huntington Beach On PCH $81,000 2010 $85,000 2010 City of Glendora 626 914-8258 City of Huntington Bea 714 536-5431 CALIFORNIA , T 1 STATE OF CALIFORNIA County of Sacramento On February 18, 2011 before me, Rebecca Overby, Notary Public Date Here Insert Name and Title of the Officer personally appeared Greg Zoffman Name(s) of Signer(s) r REBECCA OVERBY E aE. ,� � U COMM # 1888111 �w = f0TPRY PUBLIC - CALIFORNIA SFtMMENTO COUNTY 0 OF WOE> M, `cXPIRES MAY 2, 2014 who proved to me on the basis a I factory evidence to be the person(s) whose name( s re subs9iber� to the within instrument and acknowledged to metheAhey executthed the s /their authorized capacity (ies), and at 'r signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, exe d the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witnesq,4 y hand ano lal a1. 1 Signature Place Notary Seal Above - � Signature #Notary c -OPTI ®! YP�9 Pa Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General, El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: Top of thumb here Number of Pages: Signer's Nam_ ❑ Individual ❑ Corporate Officer itl ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer is Representing: Top of thumb here 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.Nationa]Notary.org Item 85907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: —Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or severally — as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1 st, 2008. By. ���¢¢¢---- ��� AND Daniel Young, Vice President"pOR,� rp4 OCT, n uJ , -4 40 By. 1936 Stephen T. Pate, Senior Vice -President State of California County of Orange On January 31, 2011 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 90IIAlW4 # t J OVWPUB .tC GAUFOFM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. txuttttf. Ark. 9, 20t3; WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE _— Lif®RNIA deesperegy — __._. certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate isseexecuted �inn the City /off Irvine, California, this 18th day of February , 2011 By: re4Okurstant Secretary ID-1380(Rev.01/11) (PROFIT) ANNUAL LIST OF OFFICERS, DIRECTORS AND REGISTERED AGENT AND STATE BUSINESS LICENSE APPLICATION OF: FILE NUMBER DD SYSTEMS, INC. C10554 1999 NAME OF CORPORATION ....................... .-............... ,....... ......... ...... FORTHE FILING PERIOD OF 4/2010 TO 4/2011 "YOU MAY FILE THIS FORM ONLINE AT www.nvsos.gOV** i ne enurys aury appointee registerea agent in me aLaLe or nevaaa upon wnum process can oe served i. _.............................._.................................. ................................... ,.......... _....... _....,........._........., INCORP SERVICES, INC. (Corrunercial Registered Agent) 375 N STEPHANIE ST STE 1411 HENDERSON, NV 89014-8909 USA :..................... ......... ............................................. ........ .................... ................................ .................. ........... A FORM TO CHANGE REGISTERED AGENT INFORMATION IS FOUND AT: www.nvsos.gov I ���I�I IIIII IIIII IIII� III�� II�I� II�� IIII *1101014 Filed in the office of Document Number 20100274678-07 • "i0 — Filing Date and Time Ross Miller 04/2612010 5:21 PM Secretary of State Entity Number State of Nevada C 10554-1999 #�isll�ocitrYertltivasjited ct Y) USE BLACK INK ONLY- DO NOT HIGHLIGHT ► n vt srw t'i' 'F r 'vrr i=' bt F �r" ❑ Return one file stamped copy. (If filing not accompanied by order instructions, file stamped copy will be sent to registered agent.) IMPORTANT. Read instructions before completing and returning this form. 1. Print or type names and addresses, either residence or business, for all officers and directors. A President, Secretary, Treasurer, or equivalent of and all Directors must be named. There must be at least one director. An Officer must sign the form. FORM WILL BERETURNED IF UNSIGNED. 2. If there are additional officers, attach a list of them to this form. 3. Return the complete form with the filing fee. Annual list fee is based upon the current total authorized stock as explained in the Annual List Fee Schedule For Profit Corporations. A $75.00 penalty must be added for fail ure to file this form by the deadline. An annual list received more than 90 days before its due date shall be deemed an amended list for the previ ous year. 4. State business license fee is $200.00. Effective 2/1/2010, $100.00 must be added for failure to file form by deadline. 5. Make your check payable to the Secretary of State. 6. Ordering Copies: If requested above, one file stamped copy will be returned at no additional charge. To receive a certified copy, enclose an additional $30.00 per certification. A copy fee of $2.00 per page is required for each additional copy generated when ordering 2 or more file stamped or certified copies. Appropriate instructions must accompany your order. 7. Return the completed form to: Secretary of State, 202 North Carson Street, Carson City, Nevada 89701-4201, (775) 684-5708. 8. Form must be in the possession of the Secretary of State on or before the last day of the month in which it is due. (Postmark date is not accepted as receipt date.) Forms received after due date will be returned for additional fees and penalties. Failure to include annual list and business license fees will result in rejection of filing. CHECK ONLY IF APPLICABLE Section 70 Exem tion Codes ...................... ® Pursuant to NRS, this corporation is exempt from the business license fee. Exemption code 003 001 - Governmental Entity 002 - 501(c) Nonprofit Entity ❑ Month and year your State Business License expires: 20003 Home based Business 004 Natural Person with 4 or less ❑ This corporation is a publicly traded corporation. The Central Index Key number .......... rental dwelling units ................. . 005 - Motion Picture Company ❑ This publicly traded corporation is not required to have a Central Index Key number. 006 - NRS 680B.020 Insurance Co. NAME TITLES) DANNY DAHER PRESIDENT (OR EQUIVALENT OF) ...........................-.................... .......... ........................ ....... ............................................ ADDRESS CITY.................................................................. STATE ZIP CODE .........................................................................................-................................................................................................ 375 N. Stephanie St. - Suite 1411 , USA Henderson NV 89014-89D9 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ .: NAME TITLE(S) DANNY...DAHER................................................................................................................. :....................................... SECRETARY(OR EQUIVALENT OF) ..................... ........................... ...................................... ADDRESS . ..................... CITY STATE ......................................................................... ; .............. ZIP CODE ......................................... ............................................................................................................................................... 375 N. Stephanie St. - Suite 1411 , USA _......._..................._._.......... - ............._._......._..-............ ...........-.... Henderson :NV ................... ..........: .__............................._.............._.............._.........-...._..: 89014-8909 ... NAME TITLES) .................................................................................................................................................... DANNY DAHER TREASURER (OR EQUIVALENT OF) ................................................................................................................................................... ADDRESS CITY STATE ..-...........: ZIP CODE .._............-..........._...._. _...............__......-.........._................................_.._..__.................._.__.._........_........-........_ 375 N. Ste hanie St Suite 1411 USA .............. P................................... ........................................................................................ ;.._......_......_.................................._..._........... Henderson NV .................................................. ................... ...................................................... 89014-8909 NAME TITLE(S) ....................... . DANNY DAHER DIRECTOR ................................................................................................................................................... ADDRESS CITY STATE ........................................................................:..... . ZIP CODE ........................................................................................................................................... 375 N. Stephanie St. - Suite 1411 , USA Henderson NV 89014 8909 I declare, to the best of my knowledge under penalty of perjury, that the above mentioned entity has complied with the provisions of sections 6 to 18 of AB 146 of the 2009 session of the Nevada Legislature and acknowledge that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State. y DANNYDAHER Title Dote /O............................................�.. I................._.....................J.............�'....._...... Secretar 4126/2010 5:_�:_1 PM ........................................ .......................................... _.......... : Signature Of Officer. Nevada Secretary of State Annual List Profit 9 Revised: 8-5-09 ACF, C,,1] Ivlc, GQQv►d9rO , (4 �174l v a6� :�>c( pro rosa� 2011 FEB 22 PM 1: 33 r CC Nor f 3 ifg r ACC)R ®r CERTIFICATE OF LIABILITY INSURANCE DATE 3/9/2011 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - Southern California Insurance Brokerage, Inc. P.O. Box 758 License #OC91978 Glendora CA 91740-0758 CONTACT Justine Bustillos/Cath Robles NAME: Y PAHONnE Ext. (909) 592-2215 AC No: (909)305-0391 -MAILADDRESS: Justine@ socalinsurance.com E-MAIL-ADDRESS: PRODUCCER ER #: 00004542 T MID INSURER(S) AFFORDING COVERAGE NAIC# INSURED DID Systems, Inc., DBA: ACE CD, Inc. 1199 EngleWlld Dr. Glendora CA 91741 INSURERA:Arch Specialty Insurance Co INSURER B : INSURER C: INSURERD: INSURER E : [INSURER F: COVFRAGFR CFRTIFICATF NIIMRFR•10/11 STD 10 DAY RFVIRInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 A CLAIMS -MADE Fx_� OCCUR 9CGLO4480-00 /25/2010 5/25/2011 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY jE O-- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS Q �,/ED .A TO FO PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS R Afj $ UMBRELLA LIAB _[:::��CCUgjYEACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB - DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY , Y / N RY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JOB REF: HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX - 8TH FIELD CONSTRUCTION CONTRACT 1348 CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS & EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS. A/I BLANKET RRIC-CGL-E6 (5/02) ATTACHED. 1I1 aim lii[PLl\m� CITY OF HUNGTINGTON BEACH 2000 MAIN ST. P.O. BOX 190 HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Diana Kubo, CISR/JNP ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. MPtM9ied with pdfFactory trialhversionn nwww pcl' mireY8om d marks of ACORD Additional Named Insureds Other Named Insureds ACE CD, Inc. Doing Business As ACE CD, Inc. Doing Business As I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC PDF created with pdfFactory trial version www.pdffacto[y.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed coverage is provided to the Additional Insured(s) named in this endorsement as follows: 1. As respects liability covered under COVERAGE A only, SECTION II of the policy (who is an Insured) is amended to include any person or organization that the Named Insured has agreed in an insured contract to name as an additional insured provided the bodily injury or property damage first takes place after the execution of the insured contract and the bodily injury or property damage arises from your work performed during the policy period. 2. The applicable limit of our liability shall not be increased by the inclusion of any number of Additional Insureds. 3. Other than as expressly modified herein, coverage for the additional insured is governed by the terms and conditions of this policy, including the insuring agreements. 4. The coverage provided for additional insured(s) is only to the extent of and in the proportion the Additional Insured is held liable for the negligence or strict liability/conducts/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. All other terms, conditions and exclusions remain unchanged RRIC-CGL-E6 (5/02) PDF created with pdfFactory trial version www.l)dffactory.com Page 1 of 1 PDF created with pdfFactory trial version www.pdffacto[y.com , 1%. RCERTIFICATE OF LIABILITY INSURANCEF31D912 � IDD/YYYY) 9/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy; certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Southern California Insurance Brokerage, Inc. P.O. Box 758 License #OC91978 Glendora CA 91740-0758 CONTANAME., Justine Bustillos/Cathy Robles AHONN Exf. (909) 592-2215 A/C No: (909)305-0391 E-MAIL ADDRESS: Justine@ socalinsurance . com PRODUCER 00004542 C T MERID#: INSURER(S) AFFORDING COVERAGE NAIC# INSURED DD Systems, Inc., DBA: ACE CD, Inc. 1199 EngleWlld Dr. Glendora CA 91741 INSURERA:Arch Specialty Insurance Co INSURER B : INSURERC: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:10/11 STD 10 DAY REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 9CGLO4480-00 /25/2010 /25/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) ccurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _X1 POLICY PE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS J ED AS T FO 7��+71 3'£rl� CGRATH� C1 ' ) t COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY . Y / NCRY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I TWO STATU- DTH- "M E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JOB REF: HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX — 8TH FIELD CONSTRUCTION CONTRACT 1348 CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS & EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS. A/I BLANKET RRIC—CGL—E6 (5/02) ATTACHED. %,rm1 Hri AIC nVLUCm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF HUNGTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN ST. P.O. BOX 190 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH, CA 92648 Diana Kubo CISR/JNP ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. MF'`f65ied with pdfFactory trial"version nwwv pdf°Clory domed marks of ACORD Other Named Insureds DACE CD, Inc. !ACE CD, Inc. Additional Named Insureds Doing Business As Doing Business As I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC PDF created with pdfFactory trial version www_pdffactory.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed coverage is provided to the Additional Insured(s) named in this endorsement as follows: 1. As respects liability covered under COVERAGE A only, SECTION 11 of the policy (who is an Insured) is amended to include any person or organization that the Named Insured has agreed in an insured contract to name as an additional insured provided the bodily injury or property damage first takes place after the execution of the insured contract and the bodily injury or property damage arises from your work performed during the policy period. 2. The applicable limit of our liability shall not be increased by the inclusion of any number of Additional Insureds. 3. Other than as expressly modified herein, coverage for the additional insured is governed by the terms and conditions of this policy, including the insuring agreements. 4. The coverage provided for additional insured(s) is only to the extent of and in the proportion the Additional Insured is held liable for the negligence or strict liability/conducts/acts of the Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. All other terms, conditions and exclusions remain unchanged RRIC-CGL-E6 (5102) PDF created with pdfFactory trial version www.i)dffactory.com Page 1 of 1 PDF created with pdfFactory trial version www.pdffactory.com Su I it INSURANCE AND INDEMNIFICATION WAIVER Huntin or Beach MODIFICATION REQUEST 1. Requested by: Public Works 2. Date: March 22, 2011 3. Name of contractor/permittee: DD Systems dba Ace CD Inc. 4. Description of work to be performed: Landscaping and Fencing 5. Value and length of contract: $151,300 and 40 Working Days 6. Waiver/modification request: Allow non -admitted liability insurance company 7. Reason for request and why it should be granted: Contractor with same insurance has performed well on another recent protect in Huntington Beach. 8. Identify the risks to the City in approving this waiver/modification: N/A epartment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and thp City Attorney's Office disagree. 1. Ris Management „ A Approved ❑ Denied ,� 9 I Signature Date 2. gity Attorney's Office' proved ❑Denied SignatureU Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the.contract for approval. Once the contract has been approved, thisform is to be filed with the Risk Management Division of Human Resources Minkior Gnrm , *?9/9n1 1 9•nn-nn PKA RECEIVED BY: (Name) (Date) TO: sh, City Treasurer FROM: DATE: 2/ SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. J3 �74K MSC No Approved (Co ncii Approval Date CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating ;c CA & (Company Name) Agenda Item No City Clerk Vault No #27 glfollowup/bondletter.doc Bond No. 782694P Premium included in PAYMENT BOND Performance bond. KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to D D Systems, Inc. 1904 Arrow HWY, La Verne, CA 91750 (name and address of Contractor) (hereinafter referred to as "Pdncipar), a contract ("Contract") for the work described as follows: Grading, irrigation, skinned infield material and misc. chain link fencing to to complete the installation of the 8th softball field at the Huntington Beach Central Park Sports Complex - 8th fie ulf. 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 bylaw. NOW THEREFORE, we, the undersigned Principal, and Developers Surety and Indemnity Compare 17780 Fitch, Ste. 200, Irvine. CA 92614 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Fifty One Thousand Three Hundred and no/100************************** ***** r* r t*** r* t****** t** dollars, (: 151, 300.00***************** .this amount being not less than one hundred percent (100%) of the total price set forth in the Contrast in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the Califomia Civil Code (`Ctaimantsl for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to worts or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the some, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee. in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 17SS9.1 PAYMENT BOND Page I of 2 Bond No. 782694P extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duty executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: March 7, 2011 AT "EST (Corpa6tp Seat) ATTEST {Corpora#e Sea (Attach Attorney -in -Fact Certificate) D D Systems. Inc. dba Ace CD. Inc. (Principal Name) By. - -- , Name: Nr-x A, —,A Mgr - Its: Developers Surety and Indemnity Company (Surety Dame) By: Name: a g fman (SiNature of Attomey-in-Fact for Surety) 8� 00 j 782-1546 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH t BJy Mc• Ifi ennifer rath t ity Attorney t ! S t16 Nate. This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomay4h-fact must be attached. 277519A PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On March 7, 2011 before me, Rebecca Overby Notary Public Date Here Insert Name and Title of the Officer personally appeared Greg Zoffman Name(s) of Signer(s) a: REBECCA OVERBY COMM. # 1888111 rj NOTAyy PUBLIC - CALIFORNIA j; SACRAMENTO COUNTY n ", . PIRt, 20,P1,o-11 Place Notary Seal Above who proved to me on the basis oisfactory evidence to be the person(s) whose name Is re subscr' d to the within instrument and gdmgwledged to me tha he/they executed th a�/i' e i is /their authorized capaclty(ies), and that by i er/thelr signature(s) on the instrument the person(s), b� a entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witnes my ha d o ici I seal. Signat Signature o Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:_ ❑ Individual ❑ Corporate Officer ❑ Partner — ❑ Lim ❑ Attorney in Fac El Trustee ElGuardia i ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General --EiAftbme77h Fact ° ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or severally*** as their true and lawful Attomey(syin-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. ��,.....an ...rs By. ��Y ,AND. Daniel Young, Vice -President r`J�, �p0 `4i fVp, a OCT. it1 s . 10 By. Stephen T. Pate, Senior Vice -President 1106 State of California County of Orange numl6sn.-:., On January 31, 2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to „ the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r . = WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado; Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretaryof DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 7th day of March 2011 . By: lE regg Okur istant Secretary ID-1380(Rev.01111) Bond No. 782694C Premium: 4,539.00 PERFORMANC BOND Premium is for Contract Terns And is subject to adjusttueat )Based on Final Contract Price. KNOW ALL PERSONS BY THESE PRESENTS. - WHEREAS, City of Huntington Beach {hereinafter referred to as "City'} has, by written agreement dated ..20,, entered into a contract with D D Systems, Inc. dba: Ace CD, Inc. _1904 Arrow HWY, La Verne, CA 91750 (name and address of contractor) {hereinafter referred to as "Principan, for performance of the work described as follows: Grading, irrigation, skinned infield material and misc. chain link fencing to _ to complPttP the inctallatinn of tha Rth cofthall field. nt tho i-hmt;ngtnn RonGh Central Park Sports Complex - 8th field project. (Project rdie) WHEREAS, said contract, and ail documents referenced therein (hereinafter collectively *Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a -bond guaranteeing the prompt, full and faithful performmance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Developers Surety and Indemnity Company 17780 Fitch Ste. 200 Irvine CA 92614 (name and address of Surety) (a duly, admitled surety insurer under the laws of the State of California and hereinafter referred to as `Surety`), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Fifty One Thousand Three Hundred and Dollars {� ��loQ,00******}, this amount being not less than one hundred percent of the price set forth in the Contract, in lawful. money of the United States, for the payment of which sum, welt and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of Clty's officers, agents and employees (hereinafter collectively referred to as 'Obligees) from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, vAether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect_ Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond_ Surety waives notice of any adjustment of contract time or contract price, and z�sct.r PERFORMANCE BOND Page 1 of 2 Bond No. 782694P any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2645 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrumenthas been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any €allure of the Principal to execute or properly execute this bond. Dated: March 7, 2011 ATTEST D D Systems, Inc. dba Ace CD, Inc. (Corpcirate Seal) (Principal Name) By: Name: 14 MA Title: ATTEST e (Corporat Sea() (Attach Attomey4n-Fact Certificate) Developers Surety and Indemnity Company (S pety Name) s By: Name: o ' an (Nnatur6 of Attomey4n-Fact for Surety) 8(-..0.OJ 782-1546 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM, CITYO�kiUNTINGTON BEACH aYe�nnffe:LrM th iAoittrney c x/f S f Nate. This bond must be executed in duplicate and dated, atf signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. 2775911 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On March 7, 2011 before me, Rebecca Overby, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Greg Zoffman Names) of Signer(s) who proved to me on the basis pLsatisfactory evidence to be the person(s) whose name&)_!,sJare subs s be�i to the within instrument and�wledged to me th the/they executed the e i /#heir authorized capacity(ies), and that b_W�r/their signature(s) on the instrument the U r . REBECCA OVERBY Z person(s), he entity upon behalf of which the person(s) COMM. # 1888111 acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA Q '. SACRAMENTO COUNTY Q 1 certify under PENALTY OF PERJURY under the laws of COMM. EXPIRES MAY 2, 2014 k the State of Californi at the foregoing paragraph is true and correct. Witness my d c' I al. Signature ' Place Notary Seal Above Signature of NotarylWlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limite:tor General El Attorney in Fact El Trustee El Guardian or Cons Top of thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Titles . ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-87"827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Greg Zoffman, L.K. Lau, Peggy Roy, P. Bewley, R. Overby, jointly or. severally*** as their true and lawful Attomey(s)4n-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. W d"Oj, By: s .`'�:t ANON Daniel Young, Vice-PresidentlCi / J•' Pt3R 3ws; OCT., By: $t 1936,. Stephen T Pate, Senior Vice -President State of California County of Orange On January 31, 2011 before me, AntonioAlvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of Lea, which the person(s) acted, executed the instrument. „ aCf1M�'t88t43 �ltlC I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 7th day of March 2011 . By: c regg Oku istant Secretary ID-1380(Rev.01/11) City of Huntington Beach 2000 Main Street •. Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 7, 2011 Ace CD, Inc. 1199 Englewild Ln. Glendora, CA 91741 Re: Huntington Beach Central Park Sports Complex, Eighth Field — CC-1348 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, d+O) Jan L. Flynn, C City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cifl��0ii`Pj�&aa��`�tt�8`��Cte$�� New Zealand ( Telephone: 714536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. I "OF10- i' T15 03 - ab - 010 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, .and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor. also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: _ Name: [Type Name] [Type Title]E1ITitle: �NEY n p� A7 -jt) 3-2K)-CP 1 245911.1 CONTRACTOR'S CERTIFICATE 1, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20_ (Signature of Declarant) APPROVED AS TO FORM By: YL �(��/a -11J 3 • Zo-O(p Name: [Type Name] Title: [Type Title] 245914.1 7 jjri�✓Si Council/Agency Meeting Held:_ 2P// Deferred/Continued to: -4App ve ❑ Conditionally Approved ❑ Denied 4 CI r s Sign re Council Meeting Date: March 21, 2011 Department ID Number: PW 11-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve project plans and specifications and award Construction contract in the amount of $151,300.00 to Ace CD, Inc. for the Huntington Beach Central Park Sports Complex - 8th Field Project CC-1348 Statement of Issue: On February 22, 2011, bids were opened for the Huntington Beach Central Park Sports Complex - 8th Field; CC-1348. Staff requests that the City Council award the contract to Ace CD, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds for the project in the amount of $360,500 are available in the Park Acquisition Development Fund Account No. 20945002 as approved in the 2010/11 Capital Improvement Program. The project will require an estimated $23,000 for annual maintenance. Recommended Action: Motion to: A) Approve the project plans and specifications for the Huntington Beach Central Park Sports Complex - 8th Fiield CC-1348; and, B) Accept the lowest responsive and responsible bid, submitted by Ace CD, Inc., in the amount of $151,300.00; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not award the contract to Ace CD, Inc. and direct staff on how to proceed. HB -63- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: PW 11-014 Analysis: The approved original plans for the Huntington Beach Central Park Sports Complex proposed to construct a total of eight ball fields as part of the overall project. Since a portion of the park site was being utilized by Hanson Material Company Inc., the Sports Complex was built with only seven ball fields and also included the construction of the back stop, dugouts, and bleachers for the eighth field. Improvements needed to complete the field include irrigation, installation of turf and in -field mix. In 2009, Hanson discontinued operations at the site and Hanson has since restored the site to pre-existing conditions. As a result, the City is ready to proceed with the construction of the eighth field to include the mentioned improvements. The annual maintenance cost for this project is estimated to be $23,000. Bids for CC-1348 were publicly opened on February 22, 2011. The verified bid amounts are listed below: -Bidding Contractors -r : Bid Amount Basis of Award' ). Ace CD, Inc $151,300.00 America West Landscape, Inc. $180,000.00 STL Landscape Inc. $184,000.00 Micon Construction $184,292.00 Atom Inc $187,979.00 Allied Sprinkler Co., Inc. $189,820.00 Tropical Creations $236,930.00 Weeger Brothers Construction $247,820.00 G Coast Construction, Inc. $274,000.00 Staff has verified that Ace CD, Inc. as both responsive and responsible and recommends award of the construction contract in the amount of $151,300.00. The total estimated project budget, which includes construction contingency, supplementals, and staff time, is $197,000.00. Public Works Commission Action: The Public Works Commission reviewed and approved the project on January 19, 2011 by a vote of 6-0-1 (McGovern absent). Environmental Status: On August 2, 1999, the City Council certified the Master Environmental Impact Report (MEIR) No 99-1 for the Master Plan of Recreational uses for Central Park. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): Item 5. - 2 HB - - HB -65- Item 5. - 3 CD B Cal I\ I m t p f � 0 0 0 0 IC r CENTRAL. PARK SPORTS COMPLEX FIELD #8 CASK CONTRACT No. 1348 BID OPENING DATE: FERRUARY 22, 20L I TIME: 2:00 PM ENGINEER'S ESTIMATE: $170,000 RID RESULTS (FINAL..) hiA :::::: :.'::::::::::::::: R: :N :M.::::::.:..:::::::::::::::::::::::::::::: NK::::::CGRRFCT-1 .: .:...: ::» 11 i 11 '::: 1 4 Con Engineering 2 Ace Cd Inc �"/ Z,00 — 3 Alcorn Fence Company 4 Allied Sprinkler Co., Inc. - 5 America West Landscape, Inc. 6 Aramexx Construction 7 Atom Inc �- 8 C&W Construction Specialties, Inc. 9 Elite Landscaping, Inc. 10 Five Star Fence 11 G Coast Construction, Inc. 000 12 Harris Steel 13 JM Justus Fence Company 14 Marina Landscape 15 Micon Construction ----' 16 Nature Tech Landscaping 17 Precision Engineering Surveyors, Inc. 18 Quality Fence Co., Inc. 19 Rancho Pacific Engineering, Inc 20 So Cal Earthworks 21 States Link Construction, Inc. 22 Weeger Brothers Construction -- 23 YAKAR 24 25 26 27 28 Bid Summary CC-1348.x1s Ln C\j C\J SECTION A NOTICE INVITING SEALED BIDS for the Huntington Beach Central Park Sports Complex 8t" Field CC No. 1348 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on February 22, 2011. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an A-1 amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-27 at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of grading, irrigation, skinned infield material, sod, and misc. chain link fencing to complete the installation of the Bch softball field. The contract shall allow the Contractor 40 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $ 170,000.00 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 ......-. , _. a ..._ v . , ...,.. ,. . CLASSIFIED D 'ADVERTISING Daily Pilot V E RT I S► N G 1'i :�.1_' Daily P"i lot H''' I Printed by: 9966 Sand rine Gann Jan 31, 2011, 9:01 am Salesperson: I Phone: Ad # 34080369 Accolunt information .. _ Ad Information Phone #: (714) 536-5227 Start date, 02-03-11 Size, 3 x 65.020 Name: CITY OF HUNTINGTON BEACH Stopdate 02-17-11 Billedsize 6.50TCNincrn Address: P.O. BOX 784 Insertions 3 Keyword HUNTINGTON BEACH, CA 92648 Ratecode &Legal Huntington Beach Adtype Liner Taken by 9966 Sandrine Gann Acet#: 277391004 Classification 13000-Legal Notices Publications TCN HBI Client: Clerk's office -City Huntington Beach Placedby: Rebecca Ross Fax #: (714) 374-1557 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the Huntington Beach Central Park Sports Complex Sth Field CC No. 1348 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUN71NGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk. Second Floor, 2000'Mam Street, Huntington Beach, California 92648. up to the hour of 2:00 PM on February 22, 2011. Bids will be publicly open in the Council Chambers unless otherwise posted - Copies of the Plans, Specifications. and contract documents are available from the Office of the Director of Public Works, 2000 Main Street. Huntington Beach. CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall Day additional costs for special delivery) Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Directnr of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determine4 by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than IV of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-27 at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description -The project consists primarily of grading, irrigation, skinned infield material, sod, and mist. chain link fencing to complete the installation of the 8th softball field ❑ The contract shall allow the Contractor 40 working days to complete the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is $ 170,000.00 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH. CALIFORNIA, the 20th day of September 2010, by Resolution No 2010- 69, Attest: Joan L. F CITY CLERK OF THE CITY OF HUNTINGTON BE Published Huntington Beach Independent February 3. 10, 17, 2011 021 --- ad proof pg. 1 --- CITY OF HUNTINGTON BEACH 2 00 0 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Patty Esparza To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: January 28. 2011 Project/C.C. No.: C.C. No. 1348 Regarding: Sports Complex 81h Ball Field - Project Bid ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: by email .Item - zx_Copies Pa �es- �.: ,.. ;Description . 1 1 2 Notice Inviting Sealed Bids for Sports Complex 81h Ball Field, CC No. 1348 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2010-69 (adopted on 9/20/10), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 2/3/11, 2/10/11 and 2/17/11. The bid opening is scheduled for 2/22/11 at 2:00 PM. Please contact me at 536-5517 with any questions you may have. By: 0` ane D. Wentworth, Contract Administrator c: file GACONsTRuCTION CONTRACTS (CCS)\CC1348 CENTRAL PARK SPORTS ComPLEx FIELD #8\ 1348 DESIGN\NISB TRANSMITAL To CLERK-CC-1346 EDISON PARK.DOC r SECTION A NOTICE INVITING SEALED BIDS for the Huntington Beach Central Park Sports Complex 8t" Field CC No. 1348 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on February 22, 2011. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an A-1 r amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-27 at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of grading, irrigation, skinned infield material, sod, and misc. chain link fencing to complete the installation of the 8th softball field. e The contract shall allow the Contractor 40 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $ 170,000.00 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69. Attest: Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 COUNTYSTATE OF CALIFORNIA) OF A-i I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on August 24, 1994, case A50479, for the 'City of Huntington Beach, County of Orange; and the State. of California. Attached to this Affidavit', is:" a true and complete°:copy as was.printed and published on the Jollowing ':date(s): February 3, 10, 17, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on February 18, 2011 at Costa Mesa, California SECTION A NOTICE INVITING SEALED'BIDS for the Huntington Beach Central Park Sports'Complex 8th Field- . CC No. 1348 _ in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids,in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington' Beach, California .92648, up to,the hour of 2:00 PM on February 22, 2011. Bids will 'be publicly open in the Council Chambers unless otherwise,posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, 'upon payment of a $20.00 nonrefundable fee if, picked 'up, or� payment of a '$30.00nonrefundable fee if sent by UPS ground,delivery. (bidder shall pay additional costs for, special delivery). Any contract' entered, into pursuant to this notice; will incorporate the provisions of the State Labor Code. 'Pursuant to the provisions of the Irabor Code of the State of California, the minimum i prevailing rate ,of per diem wages for each craft, classification nor type of workman needed to execute the contract shall he those determined by the Director of Industrial Relations of the State of California,, which- are on file at the Office of the 'Director •of Public Works; 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 10% retention from all•progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in'accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. • The AGENCY Hereby affirmatively ensures that minority business enter- piises' will be -afforded full opportunity to submit bids in response to this notice and will not be -discriminated against on the basis of•race, color, national .origin, ,ancestry,'sex, or religion in any. consideration leading to the award of contract. i No bid shall be'cdnsidered unless it is prepared on the approved Proposal forms in conformance with the Instructions to, Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made, payable ;to the AGENCY for. an :amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A,or C-27'at'the time of, the bid opening. The successful Contractor and his- subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of grading, irrigation, skinned infield material, sod, .and- mist. chain link fencing to complete the installation of the 8th softball field'. The contract shall allow the 'Contractor 40.working days to complete the contract. , :1 The engineer's estimate of probable, construction cost for the work included in the basis of award is $ 170,000:00 The AGENCY reserves'the right to reject any or'all bids, to waive any irregularity and to take all bids under advisement for a maximum period Df.60 days. . ; . BY ORDER of the CITY COUNCIL of the CITY' OF HUNTINGTON. BEACH; CALIFORNIA, the 20th day of September 2010, by Resolution No. 2010-69.' Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington,Beach Independent February'3, 10, 17,' 2011 021-435 UNSUCCESSFUL BIDS CC-1348 FieldCentral Park Sports Complex • CITY OF HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX FIELD #8 CASH CONTRACT No. 1348 BID OPENING DATE: FEBRUARY 22, 2011 TIME: 2:00 PM ENGINEER'S ESTIMATE: $170,000 BID RESULTS (FINAL) .:.:.::.:.:.:.:.:.. ............................................................................................................. ;:::::: .1?D t. :I�..................................:...... li..:::.... )� . ANI41IY' f+'J>.....D................................. . 1 4 Con Engineering 2 Ace Cd Inc 1 $151,300.00 3 Alcorn Fence Company 4 Allied Sprinkler Co., Inc. 6 $189,820.00 5 America West Landscape, Inc. 2 $180,000.00 6 Aramexx Construction 7 Atom Inc 5 $187,979.00 8 C&W Construction Specialties, Inc. 9 Elite Landscaping, Inc. 10 Five Star Fence 11 G Coast Construction, Inc. 9 $274,000.00 12 Harris Steel 13 JM Justus Fence Company 14 Marina Landscape 15 Micon Construction 4 $184,292.00 16 Nature Tech Landscaping 17 Precision Engineering Surveyors, Inc. 18 Quality Fence Co., Inc. 19 Rancho Pacific Engineering, Inc 20 So Cal Earthworks 21 States Link Construction, Inc. 22 Weeger Brothers Construction 8 $247,820.00 23 YAKAR 24 STL Landscape Inc. 3 $184,000.00 25 Tropical Creations 7 $236,930.00 26 27 28 Bid Summary CC-1348.x1s City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 11, 2011 Allied Sprinkler Co., Inc. 2831 Gretta Ln. Anaheim, CA 92806-2512 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiy.&&dp/jgVgii /ret r,R,",q%cNew Zealand (Telephone: 714-536-5227 ) P 20111" 1 a 22 Pi'l 1: 41 ALLIED SPRINKLER CO., INC. 2831 G retta Ln. Anaheim, CA 92806-2512 714-630-7461' 714-630-1146 (Fax) "SEALED DID" for Huntington Beach Central Park Sports Complex 8th Field in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL PROPOSAL for the Huntington Beach Central Park Sports Complex 8a' Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE ?MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of. Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER., the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. �ffl 11111 i 11''`Ell a211 � •� i � Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 LS $ Go AMOUNTTOTAL OF BASE 1 ., t IN WORDS: N -r" co o" , id DOLLARS AND CENTS 10% of Amount of Bid Accompanying this proposal of bid, find Bid Bond in the amount of S which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: .addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Parii n Of =Work Name_ and Address of Subcontractor State;License- Naumher Class q a5, A-33IL- A 1,C r catl W Q a__rsce.- 5 y 06 1 - aL -De-1 L Lo ter- ,e-63 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Don Eickhoff , being first duly sworn, deposes and says that he or she is President of Allied Sprinkler Co., Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ALLIED SPRINKLER CO.. INC. Name of Bidder Signature of Bidder 2831 E. Gretta Lane Anaheim CA 92806 Address of Bidder Subscribed and sworn to before me this 21st day of February , 201 1 NOTARY PUBLIC C-4 NOTARY SEAL ACKNOWLEDGMENT State of California County of Orange ) On 2/21 /11 before me, Nanci Clemens, Notary Public (insert name and title of the officer) personally appeared Don Eickhoff who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r.4, NANO : (AEMENS Commission # 17SS28' WITNESS my hand and official seal. Notary Public - califorft Orange Counfy Comm. Signature (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8' Field (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 2/21/ 11 C-5 ALLIED SPRINKLER CO., INC. Contractor I � � ", , I &1J, By Don Eickhoff Title President IDISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty ofperjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes QI No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2/21/11 C-7 ALLIED SPRINKLER CO., INC. Contractor By Don Eickhoff - Title President BIDDER certifies that the following information is true and correct: ALLIED SPRINKLER CO., INC. Bidder Name 2831 E. Gretta Lane Business Address Anaheim CA 92806 City, State Zip ( 714 ) 630-7461 Telephone Number 278755 A / C27 State Contractor's License No. and Class 5/13/1982 Original Date Issued 7/31/2011 Expiration Date The work site was inspected by Don Eickhoff of our office on 2/18 1201 1. The following are persons, firms, and corporations having a principal interest in this proposal: Allied Sprinkler Co., Inc. Don Eickhoff, President Roger Eickhoff, Secretary Chad Eickhoff, Vice President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ALLIED SPRINKLER CO. INC. Company Name Signature of Bidder Don Eickhoff Printed or Typed Signature Subscribed and sworn to before me this 2Ist day of February _ , 2011 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 3WA 3160 Airway Ave. Costa Mesa CA 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: Kevin Hermreck 949-622-7000 $147,166.42 Landscape / Irrigation 2011 Contract Amount Type of Work Date Completed 2. County of Orange/DMB Ladera, PO Box 9, San Juan Capistrano, CA 92693 Name and Address of Public Agency Name and Telephone No. of Project Manager: Phil Heald, 949-218-3465 $725,000.00 Soccer Field Renovation/Artificial Turf 2008 Contract Amount Type of Work Date Completed Vanguard University, 55 Fair Drive, Costa Mesa, CA 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: Oscar, 714-556-3610 $196,666.00 Soccer Field 2010 Contract Amount Type of Work Date Completed C-10 State of California County of Orange On 2/21 /11 ACKNOWLEDGMENT before me, Nand Clemens, Notary Public (insert name and title of the officer) personally appeared Don Eickhoff who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rQA NANCI CLEMENS Commission # 17"243 WITNESS my hand and official seal. Notary Public - CalltorMo Orange County Mkf COmtn Signature (Seal) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Allied Sprinkler Co., Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, TX 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the Amount Bid by Principal 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. Huntington. Beach Central Park Sports Complex 8th Field WHEREAS, the principal has submitted a bid for CC No..1348 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable, to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 17th day of February 2011. Allied Sprinkler Co., Inc. tPrin BY: TITLE: President Surer c Insurance Company BY: ynthia J. Y ng, ttorney-' act Rev 1.1.06 CALIFO R.NiA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On Februafy 174 2011 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary PublW') personally appeared Cynthia J. Young — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, MCCARTHY and that by her signature on the instrument the PAMELA ';OMM. #1885009 person, or the entity upon behalf of which the person 30 ` < NOTARY PUBLIC - CALIFORNIA C2 acted, executed the instrument. cc SAN BERNARDINO COUNTY My Comm. Expires April 30,2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title O Partner -- 0 Limited O General IM Attorney -in -Fact 0 Trustee O Guardian or Conservator Other: Signer is Representing: POA #: 510028 e Know All Men by These Presents, That SURFTEC INSURANCE COMPANY (the "Company'l, a corporation duly organized and existing under the laws of the State of Texas, and staving its principal office in Houston, Harris County, Texas, does by these ,presents make, constitute and appoint Jay P. Freeman, Pamela McCarthy, Cynthia J. Young, Laurie B. Druck its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and .consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President; any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attotirey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attarnei4n—Fact may be given full power and authority for and in the name of and of behalf of the :Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or inderrinity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as ifsigned by the.President and sealed and effected by the Corporate Secretary. Be it Aesol ved: that the signature of any authorized officer and seal of the. Company heretofore or boreafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or underttaking to which it is attached. (4dopted at a meeting held on 20* cif ttprit 1999.) In Witness Whereof, SURETEC. INSURANCE COMPANY has caused these presents to be sighed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 200& SURETEC 1NSW15Zi10E COMPANY { Byt Jk! B..i. Ki , resident State of Texas County of Harris On this 28h day of October; 2008 before me personally came B.J. King„ to me. known, who, being by me duly sworn, did depose and say, that he resides in Houston, 'Texas, that he is President of SURETEC INSURANCE COMPANY the company described in and which executed the above instrument; that he knows the seal of said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by circler of the Board of Directors of said Company; and that he signed his :same thereto by like order. Michelle C)t3Pi y Rd" ptroo B00"� Ojf�Ty%449yy9���q�1jj{+ Michelle Denny, Notary P sic My commission expires August 27, 2012. 1, M. Brent Beaty, Assistant. Secretary of SURETEC INSURANCE COVIPAN , do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this % day of , 20_ZL, A.D. M. Brent—Waty, Assistant Secretary Any instrument issued in excess of the penalty stated above Is totally void and without arty validity. For verification of the authority of this power you may call (713) $12.0800 any business day between 8:00 area and 5.00 pm CST. ACKNOWLEDGMENT State of California County of Orange ) On 2/21 /11 before me, Nand Clemens, Notary Public (insert name and title of the officer) personally appeared Don Eickhoff who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NANc1 CLEMENS commission # 17532E5 f Notary Public - COW011*11 i orange Cowty Signature (Seal) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 11, 2011 America West Landscape, Inc. 15086 La Palma Dr. Chino, CA 91710 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister Citt�oij�e�sr�t,afldt�i�.r New Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 81h Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 LS $ gU, On TOTAL AMOUNT OF BASE BID: $ 0�u, OOO , IN WORDS: U rye, k111-Jy-e-J' e- ' 9 k {-1 T "-O S Q 11A DOLLARS AND Ze ro CENTS Accompanying this proposal of bid, find &c1 f�o-xA in the amount of $ /8. bD U : °�) which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of L ay.dSr-g e, I.-kthe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. N WAR, r \ LG W-os� l L✓� S �Q e Name of Bidder Signature of Bidder 1 '�08to Lc� l0 vr.c, 01r, C_1 kv,o CA �I,1la Address of Bidder Subscribed and sworn to before me this day of c ,.aV 201 I RAYMOND BRIBIESCA n Commission # 1791997 Notary Public -California Los Angeles County My Comm. Expires Feb 25, 2012 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8th Field (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to he performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: O'Z 2t I 1_ 0 \,� C-5 Contractor By U i L Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 4 No If the answer is yes, explain the circumstances in the space provided. tQ Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code; each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Z �2—(-t1 I Z-0`\ C-7 }aw)flr,cq 1Jes{ Contractor By V t 60 � res 104 e -, T Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Aw.z.r(cck Lov,,dScGpe, Bidder Name )1300G L,, �c1 *ly.o, Dr. Business Address LL...rL C l`I(D City, ( `�,Q`� ) - �-700 Telephone Number `d \2C,'32, -f- �, C-2-1 State Contractor's License No. and Class Original Date Issued -� I 3 0 (-Lo�- Expiration Date State Zip The work site was inspected by tV\,Vc.e. of our office on 201L. The following are persons, firms, and corporations having a principal interest in this proposal: i�Y-,C-V-desi- Lav\-cISCa 17 w G, V\-Q- 1-0C C1_0q FCvv�1 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. L Company Name Signature Printed or Typed Signature �a. ea e4A. w. w ddh Subscribed and sworn to before me this Zk day of Fe bd„a-., 2011 RAYMONU BRIBIESCA Commission # 1791997 Notary Public - California z "d Los Angeles County W Comm. Expires Feb 25, 2012 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed Completed Projects AMERICA WEST LANDSCAPE, INC. Completed Projects 13 101 FREEWAY-SANTA BARBARA 05462/04 CALTRANS Irrigation Lendsca in . $ 1,272,749 11A=2 1/1=7 22 N. Mii as St St¢ G Banta Barbara CA 93103 8051384-9459 Art Intent, 116G545266 Cal -Trans 33 SEPULVEDA BASIN EAST CITY Of L.A. PARK 8 REC. rnlgalion, Landeca Ind. Asphalt $ 542,142 2/132004 3I3/20W 2W N_ Main St. Los Angeles CA "12 213-978-2782 Richard Ch.nd 213-485-6568 Department of R.. & Parks Paving. Chail Fence. 37 MORENO VALLEY RECREATION CENTER CITY OF MORENO VALLEY Irrgaion, Land pro. Intedocdng Pavers, Aluminum Edging. $ 911 S" 2i25200C 8/232005 141T7 Frededck St. Moreno Valley. CA 92552 951Jt133728 Karen Reama 909-461 -66.i0 Sweenv & Associates, Inc. 40 DOWNEYANARREN HIGHSCHOOL DOWNEY UNIFIED SCHOOL 015T. Inipation. Landsm trip, Rock Blanket. 8oultlers. $ 463,435 d21�°N9 1/3112008 11627 Brookshire Ave. DovrtreV CA 90241 5624686531 Jaff Craven 805-066-7629 CJP Pmductiorm 43 2ND ST. LANDSCAPE LONGBEACH WATER DEPARTMENT Irri etion. Leidscapin . $ 120.022 51&2004 8242005 1800 E. Wardlow Rd. Lon Reach CA 9000] 562570-23M fta Ben Budhia 81&-2244770 S=A. Ormenv- &Alec. 49 CARNELIAN ST. CITY OF RANCHO CUCAMONGA Irrigation. Lendsca In . $ 205A31 7/122004 31'312005 105M CNc Center Dr. Rancho Cucam a, CA 991729 909-477-27W Kurt 3II1m 909-0]7-2740 Rancho Gunman a Endinefuing Division 51 RIVERSIDE SCHOOLS RIVERSIDE UNIf1ED SCHOOL DISTRICT Irrigator Leildsce in $ 199,647 8i4/2004 1/1012005 6050 ersiAAve Riverside, CA industrial Ave Eric Erlc Troael NIA 64 Palos Verdes Lehi County Sari District Irrigation. Erosion Control. $ 279,442 10t4/2004 829 2W5 1955 Workman MAI Rntl Whittier CA 90601 562-699-7411 Ala Marresh 562-699-7411 County Seniiation Olstrks of LA 59 Pechanga Parkway Sountlwall City of Temecula Irnmlip Landscaping $ 212,793 9/82M4 3/9/2.6 43200 Business Park Dr. Temecula CA 92590 951-50 5149 Brian Guillot 707-528-4W3 J.M. Turner Engineering 67 SANTA FE MIDDLE SCHOOL 8 MONROVIA HIGH SCHOOL MONROVIA UNIFIED SCHOOL DISTRICT kr-.lion. Land—dria. $ 97 500 12/w2i 72g/ 124 S. Matlison Avenue Monrovia, CA 91016 828 4]i-2907 Debi Bland 626-471-2082 Monrovia Unified School District 70 Lindbergh Middle School Long Beach Unified School District Irrigation. Landscaping, Concrete. $ 233,436 2/2212M5 51262005 2425 Webster Ave. Long Beach CA 908f 0 562-997-7513 Nancy Ch-1 ilia-Mas N/A 73 Ferguson Elementary School ABC United School District Inipation, Landsnpin. Concrete. $ 299,323 31142M5 Vi612006 167M Norwalk Boulevard Certi[oa CA 9D703 562-9265566 Robert Kay 714778-4340 Hirsch & Associates 76 Garmenits Middle School ABC Unifletl School District Irrigation. Lantlscapin , CMU Wall, $ 226,939 5/6/2005 2/16/2006 C16700 Norwalk Boulevartl edi CA W703 562.926-5566 Robes Kai 714776-4340 Hirsch 8 Associates Concrete. ]] Fedde Middle School ABC Unified School District Imitation, Landecap-nd. Concrete. $ 461,599 5/12005 212420W 167M Norwalk Boulevard! C¢rrttos CA 90703 562-92 5566 Robert Kay 7147764340 Hirsch & Associates 82 Hordscape Installation 1013110 fwy 07-tY8W4 CalUans Irrigation, Landscaping, AC Dyke. $ 291,987 5/11/21p$ N282006 1615 South Wall St. Los An lies CA 9W16 213-620-2039 Anthony Kim 916-5545266 Cal -Trans Concrete. 84 Fremont& Sunshine Schools Riverside Unfired School District initiation. Lantlscapin. g 117794 6/2112W5 11/14M 8050Iidualhe Ava. Riverside, CA 92504 951-788-7285 Eric Troael WA 65 Irpnwootl Ave Parkway Landscaping CITY OF MORENO VALLEY Irrigation, Landscaping $ 116,053 8292005 10/312M5 14325 Frederick St, Modern, Valley. CA 92562 95141 33488 Ton SINas 9SIA13.3498 Enkrad. Services Ad-nlatretkn 87 Rosecrans K-8 School Paramount School District Ilrinotien. Landeca n g 111,922 72912M5 4I62008 8555 Planar SL Paramount CA M723 562.60241977 C hanse D-Paola WA 68 Lacy Park Irrigation System Renovations City of San Marino Irri alias, Lcd,,,Pldp $ 215,634 11/1412005 9/112M5 22W Hunt' Ion D,. San Marino CA 911 W 828-3049848 Ron Serves 562-908-6200 Willi 89 San Dimas Equestrian Trail City or San Dines Dawmposed Gmntte Troll Wood Rail Fence CMU Wall, $ 315 263 90/2005 4/2612006 245 E. Bonita Ave. San Dimas CA 91773 9M39462W Laura Locket 951-270.5M7 LJ A 00 Visitor's Center Lendsnpe City of Palm Springs Landscape. Irri anon Elemkill, $ 123,386 11/4/2W5 7Y28/2006 32W E. Tahqu'tz Can on Way Palm Son s CA 92262 7803238253 Michael L tar N/A 91 Trautwein Rd, Median Landscaping City of Riverside rnwir.h. Landerping Stmm Drain $ 486322 1IOJ2005 W1412006 39W Mam Street Riversitle. CA 92522 95132&5591 Daniel Simmons 951325-5591 CIN of Riverside Parks & Rea. 92 Le Sperm Ave. Median Landscaping City of Riverside Irrigation, Lendsca .Slam tl $ 422849 11l762005 1 tre12M$ 3M1 Main Street Rivehade. CA 92523 951-8265591 Juan Roles 951326-5591 City of Riverside Parks & Roc. Concrete, Traffic S' rep. 93 Watson all Renmation PH IV Coast Community College District Irrigation. I-andscei CMU Wall. $ 2M,685 11/1012W5 12JMD0G 1370 Adams Ave. Costa Mesa CA 92626 714-438.4600 Paul Fuld 619-235.5360 lUma e a Archrece. Inc, Concrete. BS 101-170.134 freeway 07-218504 CALTRANS Irrigation, Lantlsoa ing. $ 820,655 2n0/2006 3772098 51W Haskell Avenue Encino CA 91436 818-768-3303 Bed Pann 916-6545266 CaFTran9 99 Indian Middle School Vol Verde Unified School District Irrigation, Landscaping. $ 944,370 1=2005 2J21/2007 2170r' Martin SG Perris CA 92570 651-943.0155 Dodo Henn- 800-9855939 OC Architects 101 Turtle Ridge School Irvine Unified School District Inipation, landscaping. $ 1,006,637 3121/ 006 V1012007 1 M15 Alton P". Sta 150 IMne CA 9MIS 949-502-7570 Judy Munoz 949880.60M EDAW 102 Haskell Middle School ABC Unified School District Irri [ion, Lantlscapin. CMU Wall, $ 1,169,347 3/1 ,t2W6 1119/2006 1670D Norwalk Boulevard Conics CA 90703 562-926.5566 Robert KaY 714T764340 Hirsch & Associates Cgnuete. 104 Library Landscaping Project City of Monterey Park Irrigation, Lantlscapin. S 80583 311/20W ?212M7 3M West Newmark Ave. Monterey Park CA 91754 6 307-1330 Elias Saykal- 310356-0993 Paul Murdoch Architects 108 Ventura Freeways 07-2324F4 Caltrans Intigat-on, Lantlscapin. Tree $ 679,138 5/2412006 i/7/20W 1525 Rancho Canejo Blvd. St.102 The—hkl Oaks CA BD5375-9247 Eat 235 Praised Bobba 916-6515266 Cal -Trans Injection_ 109 S-dh Street City of Norco Irnet-on, Lantlscapin. S 296,178 6/132006 11242W7 2870 Clark Ave. No- CA 92860 951-270.5632 Brien Pat— 951-n -1124 Battler E. Miller 110 Artesia High School ABC Unified School District Inipation, Landscaping, CMU Wall, $ 1.102,758 6/30/2006 8/13/2007 15700 Norwalk Boulevard Cerritos CA W703 562-926-5W6 Robert Kav 7147, 6.4340 Hirsch 8 Associates Concrete. 111 Sidney Elementary Long Beech Unified School District Irrigation, Landscape, Flagstones, Monument Siqn. $ 45 8M T132006 2112M7 2201 E. Market St. Lon, Beach CA W805 562597-7513 Nanc Chinchilla -etas SW-437-0041 Part of Lon.on 112 Hudson Elementary Port of Long Basch indication, Lands. ing. $ 97423 7/242006 12/62007 925 Harbor Plaza Lon Beach CA 9C802 562-5904172 Atelandm J. Rues 562437-0041 Pan of Lm Beach 115 Avenue L Freeway Lantlecape City of Lancaster ids tion Landl in , Concrete. $ 2,857,T79 1/6/2007 813012008 44933 Farm Avenue Lancaster CA W534 WI-9455880 Ray Hunt 661-]02-1011 Joseph Thin Rock blanket, 118 Redlands Spada Park City of Redlands Ini anon, Landsca ing, Concrete, S 1,653,124 1/172007 3I62M8 35 Capri St. Redlands CA 92373 909 8949765 Bill Hemsley 714371 -3638 Purk es -Rose, RSI Ek N . al 120 Artesia Park City of A Ini at -on Lendsca ping $ 48,958 1/182007 10/1912007 18747 Ciarktlais Ave Artesia CA 90701 90B-797-24B9t253 Natant. Henera NIA 121 Butterfield Park City of Corona Inflation Landscaping $ 91f854 V181"7 91152W7 4M S. ViceM-a Corona CA 92882 951-4969 -739 Scatt8— NIA 123 P-146ih Sl. E.8 Sierra Hlghw2y City of Palmdale Inner anon L9n1ecaIn Concrete, $ 258,433.07 4f7/2007 a/152006 Sierra Hghv2y Palmdale CA 93550 WI-267-5300 Mike Livingston 323-258-6551 Olea LandscapeArchitecture As halt Edctrlwl, 124 Milliken & Kenyon Park CITY OF RANCHO CUCAMONGA Irri etion, Landau In . Electrical. $ 164848 4/162W7 829/2007 105M Cw-c Center Dr. Rancho Cucamonga, CA 91729 909477.2700 Jan Over 909477-2700 Ranho Cucamonga Enameerin Division 126 Edgewood Academy Ingation Basset Unified School District Irrigation. Lantlscapin. $ g09775 3112M7 4/7/20W 904 N. Willow Ave. Leclerc, CA 91746 626-931-3009 Bob Jenkins 949-BM-1417 Girders Inigat-on Lesion 125 Moniclae Hi School Basset Joint Unfired School District IM aeon, Lardswpind. $ 775,750 3222M7 2/2/2MB 4n5 Benito Street Montclair CA 91753 909-968-8511 Bill Guertn 9513&HSW1 T-ldar-Coll Constructors 131 Coast Fitness Center Coast Community College District Indication, Lantlscapin. CMU Wall $ 194,795 7116/2M7 10/192007 1370 Adams Ave. Costa Mesa CA 92626 774-328-8271 Frank Fonseca 714a38-0673 Coast Commundy College Physical Fsciltties Oept. Concrete. As hell. 132 Dooley Elementary School Long Beach Unifed Sclmol District knpatipn. Laidscapin $ 166032 72y 7 W612007 116278rooksh-re Ave. Downey CA 90241 949-887-3276 Scott Augustine WA 133 Cenitos College Soccer Field Cerritos Community College District Irri align. Landscap-n . Chain Link $ 438599 7/30/2M7 320I2008 11110 Alondra Blvd Norwalk CA 906W 562-B6D-4974 Mike Sclera 562-6W-2451 11.-Lend Lease Fence, Concrete 134 RaxM Pats Verdes Drive Landscaping City of Rancho Palos Verdes Imitation. Landscap-n. $ 7611g 8/p1pg7 xA,2g 30940 Hawthorn Blvd. Rancho Palos Vedtlas CA 90275 3105445252 Steve Wood 3f 03395600 LRM Architects 135 Alone Eta —ray School ABC Unified School Dist- Irrigation, Lantlscapin . Concrete, $ 449199 9/11/2007 3/12/2008 16700 Norwalk Boulevard Cerritos CA W703 582.755-5362 John Eddy 826-357_4599 ALlonationor & Walker 136 Paramount High Sclrool Paramount School District IM aticinpi . Landscaping. $ 1 St,SM 8la/2M) 1/252006 8555 Flower St. Paramount CA 90723 5623023068 C nihia D-Paola N/A 139 South Pasadena High School S. Pasadena Unified School District Irri altos, Lantlsce Inq. CMU Wall, $ 275,3172 11/1/2M7 1/13/2008 1020 El Centro Street S. Pasadena CA 910M 626-441-5810 Dan Holmouist 61a 841-2585 Adolph bandits, AIA & Associates, Inc. Chalniink fern. Concrete. 140 College of The Canyon- PE Expansion Pmjact Santa Clarity Community College I abon, Lendsca $ 352 361 85 1 Z/Z2M] 8/i52008 26455 Rockwell Can on Rd. Santa Clarke, CA 91355 661-362-5700 Pamela Ewart &18-248-52W Lawrence Moss & Associates 141 Mag'Ic Mountain Median Project City of Santa Clanta rhdatpn, Landscaping, Synthetic $ 96,453.51 12'2&2M7 3/13I2008 23920 Valencia Blvd. Santa Clarila. CA 91355 661-286-4027 Kevin Tono-an 8M-644-9697 Pedro Coast Lantl Design Tud 142 Live Oak Park Bah ltl Re —and City of Temple City Irri wn Landecapind. $ 50.7]2 12/4YL007 41I2M8 9701 Las Tunas Drive Temple Gity CA 91780 62& 2171 Cath Burrou hs 951-781.1930 RHA Lamm —Architects 143 Skyblue Mesa E.S. Saugus Union School District Irri ion. Lantlsca in ,Concrete $ 2968M.21 lal2008 811620W 24930 Avenue Stanford Santa Clarka. CA 913551 626-357-9480 Syrtis Mon— 818-955-8101 Troller Ma r A—.t. As", Chalnlink Fence. completed Projects AMERICA WEST LANDSCAPE, INC. Completed Projects a g- 'e�°i a amm 144 Sikh Street Pavers City of Norco IMedocka Pavers, $ 371,911.15 D192008 519r,,W 2870 Clark Avenue 951-270-5632 951-270-5607 Norco CA 92NO Dow Norfolk WA 145 Mira Lama Detention Center Los Angeles Courtly Sherrif irrigation, Landscaping: $ 7945469 2JI012008 &312W8 4510ON 60THSLW Lanese". CA 93S36 323.267-2299 John W. McGnker N/A 1 16 Mall Loop Road Landscape Improvements CRY of Lancaster Irti n. Landsce $ 251,454.05 S29I2OW I&162008 615 W- Ave. H Lancaster. CA 93536 661-9455864 Andy Timazon 94947235M RBF Consuiln IQ Sleuwn Ave. County of Los Angeles Public Wgtks Dept Irri atlan, Landscapin ,Concrete, $ 180 4r15 07 7/2I2008 I.900 S. Fremont Ave. Alhambra, CA 91803 626-4584967 Had. Hassan 310-838-0448 hbe Larksca An hrencte Chalnlink Fence. Monument Si n Electfical. 150 Joyner Elementary School San Diego Unifed Sciwol District Initiation, Landscapin Storm Drains $ 100,352.4S 6232008 B/.,, 4860 Ruffner St, San Diego, CA 92111 858527-7106 Del. Ragusa 619-2948484 Van Dyke Landscape Architects 751 SOUS03 School Ban Diego Unitetl School DistrictConcrete Irti aion, Landscaping, Chain Link Fence, B 175,292.11 6/23/2008 12/22I2008 4860Ruffner St. San Diego. CA 92111 858-627-7106 Dale Ragusa 619-2948484 Van Dyke Landscape Architects f 52 University Hgh School Sin Diego Linked! School District Irti . LandscepiM. Chain Link Fence. $ 87,425.92 6=2008 17272008 Ruffner St. San Oiego. CA 92111 858527-71 W Jan Antelline 619.2948484 Van Dyke Landscape AmhfiKts Ele Yricei, Asphalt. Concrete 153 Fullerton College Science Building North OC Community College Irritation, Landsce inn. $ 71 846,67 1/1/2009 118/201, 7830 W. Romne Dr. 714992-7588 714639-2252 Anaheim, CA 92801 W Illiam Hahn Closson & 01....n Inc. 154 Fullerton CoHage New P.E. Fiedhouse North OC Community Colk-age U' anon. Landscaping- If 332,589.16 1/V2OD9 i18,2, 1830 W. Romneve Dr. 626.351-8800 310838-0448 An im, CA 92801 Robert Dames ahbe Landocam Architects 155 a07-A2405 Rte. 710 in Bal Gardens Cel-Tams Irrigation. Landeceping. If 111,453.50 725I2008 9115/2009 172730th St. Sacramento CA 95816 562401-3333 x239 Kelvin Than 9168545266 C.I-Tans 156 12-OC87045an Clemente Caftans Irrigation. Landscaping. Concrete, Rock Blanket $ 1,186,467.31 OM/2008 &1/2w9 75700 Tustin Villae Way Tustin, CA 92780 949-279-8714 John Hong 760-7728558 CaFTm- Chainsnk Ferns. 157 South Pasadena Mitltlie School bummer Project South Pasatlena Unified School Distract Irrigation. Landscepng $ 38.288.07 fl2512008 12/152008 1020 EI Centro Bseat S. Pasadena CA 9t030 6615104192 Norman Ravmunda BMW 7-9880 Cermicneel-Kam Architects 158 Artesia High School ABC Unified School District Irri anon. Landsce i . $ 7.377.34 6/23/2008 8/2212t108 16700 Norwalk Boulevard Cerritos CA 90703 562-9265566 Robert Ka N/A 159 LA National Veteran Cemetery Capt. of Veterans Affairs S 1,331.00 &272008 627/2008 950 S. Sepulveda Blvd Los Amele9 CA 90049 310-268-4030 C nthia Nunez WA 160 Easlahore Elementary JRH Construction Irti ation $ 8,832,83 7125/2008 W2212W 1185 Wamor Ave. Tustin, CA 97TW 714-247-1510 John Flundle N!A 161 Gerrece High School ABC Unified School Dstnct Irritation. Landecapinal $ 14,785 00 7242008 1 /172009 16700 Norwalk Boulevard Cerritos CA 90703 562.926-5566 Robert Kay NIA 152 Cerritos College Practice Field Renovator, Cerritos Community College School Dlstriet Irti ition, Landscuping $ 6,603.71 816/2008 9/132008 11110 Alondre Blvd. Narweik CA 90650 562 860.4974 Milk. Scl.a I $62-660.245, Simla Lend Lea.e 163 12-0H70045-FWY Petarsan Clime Irrietion $ 15,529.40 &62008 10/732008 15700 Tustin Wilame Way 949.252-0041 Cattums Tustin, CA 92780 Dick V Is 164 Sunark. Earl/ Childhood Center Riverside UhIll SOW Dlehlot LelMeca n $ 3,750.00 &2012008 &222008 PO Box 2800 Riversitla CA 92518 951-377-2143 Kevin Hauser NIA 165 Woodbary Elementary Irvine Unified School District all Landscape$ 1,287.85 72&2008 71282008 100 Nifbn, Irvine CA MEN8 949-9364i322 Bruce Baron N!A 167 East Side High School Softball Field Antelope Valley Joint Union High School District Irrigation, Landscace. $ 34481 t t WI W2W8 925/2009 44811 Sierra Hwy Lancecter CA 93534 861317-5S25 Craig Cadlon 323-684-7155 Robert J Clank Associates 166 Media & Communications Building San Bernardino Community College District Irri aiton, Landscz e, Decomonsed Granite, $ 182,505.34 9/5/2009 &312710 114 South Del Rasa 9518845901 Alluminum Ed Ina. San Bernard- CA 92408 Bolan Jones NTD ArchrA. ure 168 Central Plant Landscape & m igaflon Long Beach Community College Clamor Irrgation. LarMscapirp, Concrete M—Curb $ 74,054.77 7 W&2t708 1?/5/20DB 4901 E. Carson St. Long Beach, CA 9DB08 562-8244859 Jame. Ea.inom Lynn Canouve 169 Studebaker Road Landscape Enhancements/Freeway Slgn City of Cerritos Irrigation, Landsce inq. $ 156,02664 1/17/2009 8/1/2009 18125 Bloomfield Ave. Cerritos, CA 90]03 562-91 G1224 Todd Kurth Michael Lombardi 170 Cation Hills College San Bernardino Commuray, College Dstrict Irripation. Landscaping. $ 60498000 111101M 33112(n0 114 S. Del R0' Dr. San Bernardino, CA 92408 951-2328843 Rev Canmer 21M230500 Steimlhkaq Architects 171 Tender Elementary School ABC Unified School District Irrigation, LaMscapiw, . g 8.441.37 70/2/2008 12/1/2008 167W Norvrdlk Boulevard Cerritos CA 90703 562-926.5566 Robert Kav N/A 172 McNair Elementary School Compton Unified School District Iniation, Landscaping. $ 21859234 11/42008 1Y12009 429 S. Oleander SL Cam ton CA 90220 626502-3594 Sco6 Atlams 173 Imperial Highway CM of Brea Irti anon. Landscaping, g 3S.2Di.d2 10/f42008 1242C09 12240 WOodrufl Ave. Downey CA 90241 562803-9977 Shaves Smith WA 174 ABC Maintenance Yard Tree Removal ABC Unified School District Tree Removal $ 4,311.53 10/14/2008 1 10/142008 16700 Norwalk Boulevard Cumork CA 90703 562-92&55W Robert Kay N/A 175 07-A2494 Fire 91 Cerritos Call— Irrigation, Landscaping. $ 71,46631 I/24f2009 4/11,10 172730th St. Sacramento, CA 95818 5624013333 x239 Kelvin Tran 916-854-5266 Call 176 Burbank Elementary School ABC Unignd School District Irri anion, Landsce in It1,46934 12/2&2008 2/14/2009 16700 Norwalk Boulevard 562-926-5566 N/A Cerritos CA W703 Robed Ka 177 210 Freeys Freeway Yamel to Rli Sylmar wa Mck ghim Engineering Irti ion. lsntlscapinp $ 536,791,89 f y1312008 12126,"g 10641 Fukon Ct Rancho Cucamonga,CA 91730 Joe Mcbughlln Cattrans 178 North Bullpen Construction Riverside Unified School Dlstnot Install DG Pitching mounds $ 9,850.00 12420D9 1/31/2009 307tl Washin ton SL R,versitla. CA 92509 951-778.5643 Kevin Hauaer NIA 179 Slonegate Elementary School Irvine Unirted School Cedric[ Irrigation, Landscaping $ 420,38fi.99 1/3172008 11/2&2009 5�Bees—PaMwa Iryma. CA 92604 949-839-4046 James Bid 9494985191 PJHM Architects 180 Yorba Linda Hlgh School Placentia-Yoma Linda Untried School District Ind ation Landscape $ 1,686,654.17 V31/2009 311/2009 1301 E. Oran ethome Aw. Placentia, CA 92870 David Garcia 909.844-6904 909-987-09M JWLCAmhRects 182 Enconta Perk City of Duane Iry anion, Landsor , Masonry, FI tone owing $ 523,229.29 &12010 1/1712011 1fi00 Huth inton Dr. -bent Duane, CA 91070.2592 Steve Esbensheda Stm Ea St. Cllea221 Blm Green 183 Woodbridge High Schml Matlernlzation Irvine Unified Sclhaol Distinct Impaiton. Landsce $ 52,279.20 4113/2009 122J2010 5050 B.manca Parkva Irvine. CA 92604 949.261-5100 Tom Hane 949-673-0300 SP/Archkecture /06 07a2562 Coltrane Irri bon, Land—g 96,973.40 7r912009 12&2010 t77730th SL Sacramento. CA 95816 818.637-2506 No —m Call 189 11-261714 Caltrens Imitation. Landscape. Gore Pavinq. 7272009 12/72012 1727 30th St. Sacramento, CA 95816 85BA674086 John Humd Came - Concrete pavino. Asoh,it Pavinq, Fenpinq 190 Suset Elementary Hacienda Le Puente Unified School District Irti ration, Landsce e $ 322,856.21 9/142009 2/9/2010 15959 E. Gale Ave. 626-1 3 8]05 NTD Architecture Cityofindust .CA91716 Robert Will909-450-21W 191 Lasselebe Elementary Hacienda La Puente Ur d niSchad District inn anon' Land—. $ 308.042,41 &10/N09 219/2010 1F,959 E. Gale Ave. City of Industry, CA 91716 626-933-8705 Robert Wikox INTO Architecture 909-450-21M 196 La Mirada Regional Park City of Le Mirada Irrigation, Landscape $ 29,156,31 V18/2010 2/172010 15515 Phoebe Ave. La Mirada. CA 90638 Gary S... i 562-902-2373 Willl 7149788200 198 Baseline Road Parkway Lartlacape City of Rancho Cucamonga Landscape, Irrigation, Asphalt Paving, Concrete $ 98,495,66 11192010 &310 20 10500 Civic Dr. Rancho Cummonce, CA 91730 RDavid Romeo David 909-4 1-2740 Ah hitena 909. 2800 Electrical. 199 Columbia Avanue & Iowa Avenue City of Riversitla Relecate Palm Trees $ '5,789.52 i l252010 &52a10 3900 Main Street Riverside, CA 92522 Juan Ro as 714438-4600 N/A 200 Santiago Creek Bike Tad Cily of Orange Native Habitat Restoatwn $ 29,964.10 7262010 2/11I2010 300Orarge,E. Chapman Ave. CA92866 Alen Truonp 714744-5568 N/A 203 Imperial Highway City of Downey Norton, L,ndwaw $ 675,961.49 TED 121211MID 11111 Brookshire Avenue Deal G.U.m. APA Ernnnearl., Downey. CA 90241 562-622-3468 949-770.4429 204 BtanNrootl Park City of Costa Mese Irri anon, Landscape. Concrete $ 80,803.95 41V2010 712=010 77 Fair Dr. Costa Mesa CA 92628 Bert Mena 7147545244 Coate Mesa En Ineenn Dlvisien 7147S45291 205 Los Rabies Academy Hacienda La Puente USD Irrigation, Landscape. Concrete $ 306,ggg.17 3/812010 618WJO 15959 E. Gale Ave kod.by. CA 91716 Robert Wilwx 626-5433988 INTO Archilactune 909-971-6544 20S Santana Park Ballheltl City of Corona Irri abort, Land.ca e, Concrete, Fence $ 131,217.84 4/SI2010 &&2070 400 South Vlcentia Ave. Carona CA 92882 Steve Lawson 951-73&2369 Land Concern 949-250.4822 207 10 57 Landslide Caftans $ 121.954,66 311212010 3232010 Casram 210 Serrano Intermediate Fleid Renovation Saddleback Valley Unified School District Landscape, Irri anon Soft Pulverizing $ 136,051.48 6/1/2010 0127/2010 25631 Peter A. Hartman Way Mimion Vieio, CA 92691 Andrea Alexander 949-580-3312 211 11A1803 MinorB Carrara Landscape, immlion, Tree Pruning S 103,50000 t0�812010 11222010 172730M St Sacramento, CA 95516 Call 212 06-OE5704 Emergency Work Caft—a Irri anon Replacement $ 39,793.43 428/2010 617/2010 1727 Min St. Sacrarn 0 CA 95816 Car— 213 101 & CCMatar Canyon Caitrans IOlgation $ 950.65 4292010 N292010 1727 301h St Sacramento, CA 95516 Caftans ,964E-4aP Ipaumaca Qa+awa� R© Sax 34526 Seattle. WA 98124.1526 FIRST NATIONAL 4URE Y KNOW ALL BY THESE PRESENTS, That we, America West Landscape, Inc. of 15086 La Palma Drive, China, CA 91716 (hereinafter called the Principal), as Principal, and _FIRST NATIONAL INSURANCE COMPANY QF AMERICA (hereinafter called the Surety), as Surety are held and firmly bound.unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount Sld Dollars (S 10% of laid ) for the payment of which tho Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has subniitted or is about to submit a proposal to the Obligee on a contract for Huntington Beach Central Park Sports Complex NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void-, otherwise to remain in full force and effect, Signed and sealed this 18th day of February , 2011 Witness See attached notary acknowledgement Witness 8-00631FNSF 10/99 Am ric West Landscape, Inc. (Sear principal Title �115i Se,f FIRST NATIONAL. INSURANCE COMPANY OF AMERI.CA Pamela McCarthY Attorney -in- act 0 A registered trademark of SAFECO Corperatign FRP CALIFORNIA ALL-PURPOSE s isACKNOWLEDGMENT .a. State of California County of S r , �� v�r h o On 212.111 1 before me, (��IN�h�/r ✓I MICE /Ubr.rul AWr Date Here Insert Name and Title of the f1floer ' personally appeared RAYMOND BRIBIESCA Commission # 1791997 Notary Public - California Los Angeles County My Comm. Fires Feb 25, 2012 who proved to me on the basis of satisfactory evidence to be the person( whose name'4 istam subscribed to the within instrument and acknowledged to me that he/whey executed the same in his/he#414eir authorized capacity(aov), and that by his/he## teir signature*on the instrument the person{, or the entity upon behalf of which the personV acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha nd off" ' s*al/. Signature ✓ ' Place Notary Seat Above _ Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(iies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTjHUMSPRINT: OFiSIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O- Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org ltem #5907 Reorder: Call Toll -Free 14800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ` County of San Bernardino On - February 18, 2011 before me, Laurie B. Druck, Notary Public Name and Tltle, of Officer (e.g., "Jane Poe. Notary Pub11c") Personally appeared Pamela McCarthy Name(a) of Signers) LAURIE B. ORUCK Commission # 1802080 Notary Public - California Z f Orange County ?4y Comm. Expires unt 14, 2012 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature~ on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer Title 0 Partner -- 13 Limited 17 General Top offhurrbhere C3 Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified . copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed: I T TIMONY WHERE F, I have hereunto subscribed my na xed the corporate seal of the said company, this ` _day of „mot` SE at, y `say b By David M. Carey, A tistant Secretary City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 11, 2011 Atom, Inc. 40410 Vista Rd. Hemet, CA 92544 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, Joan L. Flynn, CMC City Clerk J F: pe Enclosure Sister Citk��o�l8atuli�c�sdi41/r�t�1(a;i(a�.�ddcNew Zealand (Telephone. 714-536-5227 ) 2011 FEB 22 AH It: 31 c o� cPlo� M6.0 n 0?:.rx 4 rlOvr--- q o Ce,x4rai Park- e. CP1.6c) rrn SECTION C PROPOSAL, for the Huntington Beach Central Park Sports Complex 8tn Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 LS $ f TOTAL AMOUNT OF BASE BID: $ �� c4 DOLLARS AND CENTS Accompanying this proposal of bid, find" in the amount of $ �� k which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signahire C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Or gy lver-�G(C- (n r� 'Iti.' being first duly sworn, deposes and says that he or si'c is of %}- -%,nn .Ln( ; the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1,) rn Ta�tC; Name of Bidder ' Signature of Bidder Lc: ro-t o931i6'1 e Srae'1�- I ime (A CWSA�-` Address of Bidder Subscribed and sworn to before me this day of , 201 NOTARY PUBLIC?. A i- asked TL n f` NOTARY SEAL C-4 State of California County of ' ;VeP Subscribed and sworn to (or affirmed) before me on this day of �-e_k2n2kct_ 201 (, by : A 1 proved to me on the basis of satisfactory evidence to be the perscn4s -wno appeared before me. TERRA J. COX Commission # 1892519 r Notary Public - California a Riverside County Comm. Expires Jul 10, 2014 Signature.0 G� _� UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-81h Field (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C;)- I- - i I C-5 ;a rn e Contrac r I (a i &-4,er e'ct S; cl erg 4-- Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1 - - ( I C-7 t rn n c Contractor t AO - Title ` BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: I ()m l`tC Bidder Name ` MI6 -116 V, S - Business Address ��me4 CA. 60SLJy City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued �- ---'� )- I "�L Expiration Date ,� n The work site was inspected by °' "� of our office on 201t. The following are persons, firms, and corporations having a principal interest in this proposal: c_t—e,f6A- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. � � � � c'Yl .1 ►rlC ComnanviName i Signature of Printed or Subscribed and sworn to before me this i day of , 201_ NOTARY PUBLIC [ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. See Afi-, h,mer) f t A Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 DATE OWNER/JOB 9/10-12110 Metropolitan Water District 201 Rio Hondo Power Plant Seal Water Discharge 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Harout Kassabian 10/10-3/11 City of Norco 202 Auger/Grinder Wastewater System 2870 Clark Ave. Norco, CA. 92860 951-735-3900 Bill Thompson 11/10-12/10 Orange County Sanitation District 203 Plant 2 Ocean Outfall Seal Repairs 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 11110-2/11 City of Seal Beach 204 Firestation 48 Fuel Island Cover 211 8th St. Seal Beach, CA. 90740 562-431-2527 Michael Hoe 12110-4111 Olivenhain Municipal Water District 205 Septage Dump Station & Catwalk at 4S WWTF 1966 Olivenhain Rd. Encinitas, CA. 92024 760-753-6466 Dan Badalucco 1/11-2111 City of Moreno Valley 206 Sunnymead Blvd. Intersection Enhancements 14177 Frederick St. Moreno Valley, CA. 92552 951-413-3000 Chris Vogt TOTAL CONTRACT $ 35,428.00 $ 281,095.00 $ 4,289.00 $ 65, 359.00 $ 72,573.00 $ 13,979.00 $ 472,723.00 ATTACHMENT "A" AToM Engineering Construction 8/09-2/10 County of Orange 101 Yorba Park Group Shelter #4 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 714-227-3992 Frank Cristaldi 9/09-10/09 City of Irwindale 102 Storm Drain Catch Basin Inserts 5050 N. Irwindale Ave. Irwindale, CA. 91706 626-430-2200 Edgar Rojas 9/09-5/10 Metropolitan Water District 103 CUF Shade Structure 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Dave Farmer 10/09-3/10 Orange County Sanitation District 105 Digester 7,8 & 10 Stair repairs 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 10/09-10/09 Hemet Adventist Christian School 106 Front Entrance Landscape 26312 Hemet St. Hemet, CA. 92544 951-927-3972 Gary Brown 10/09-2/10 Metropolitan Water District 107 Coyote Creek Seal water discharge 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Everett Mundkowski 10/09-5/10 City of Manhattan Beach 108 City Yard Fuel Island Cover 1400 Highland Ave. Manhattan Beach, CA. 90266 310-802-5000 Ish Madrano 10/09-10/09 Pine Springs Ranch 109 PSR Fence 58000 Apple Canyon Rd. Mountain Center, CA. 92561 951-659-4131 Fritz Wutke $ 105,979.00 $ 39,374.00 $ 35, 979.00 $ 44, 935.00 $ 1,000.00 $ 33, 935.00 $ 93,729.93 $ 4,485.00 ATTACHMENT "A" 3/10-5/10 City of La Palma $ 80,772.00 121 Community Center Remodel 7822 Walker St. La Palma, CA. 90623 714-690-3300 Jeff Moneda 11/09-2/10 Chino Valley Unified School District 111 Irrigation at various sites 5130 Riverside Dr. Chino, CA. 91710 909-628-1201 Martin Silveria 12/09-3/10 Orange County Sanitation District 114 Plant 2 Ocean Outfall Bulkheads Repair 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 12/09-7/10 Joshua Basin Water District 115 E1,D2 Booster Pump Station Replacement 61750 Chollita Rd. Joshua Tree, CA. 92252 760-366-8438 Randy Little 2/10-2/10 Chino Valley Unified School District 116 Chino hills High Scoreboard 5130 Riverside Dr. Chino, CA. 91710 909-628-1201 Martin Silveria 3/10-4/10 City of Laguna Beach 117 Bon Drive Terrace Drain 505 Forest Ave. Laguna Beach, CA. 92651 949-497-3311 Lisa Penna 3/10-4110 Palm Springs Unified School District 118 Two Bunch Elem Wind Screens & Site Work 980 E. Tahquitz Canyon Palm Springs, CA. 92262 760-416-6126 Joel Sorenson 3/10-5/10 OC Waste & Recycling 119 HB Hazardous Waste Recycle Site Work 300 N. Flower St. Santa Ana, CA. 92703 714-834-4000 Jared Kemp 3/10-4110 City of Palm Springs 120 PS Stadium Re -Roof 3200 E. Tahquitz Canyon, CA. 92262 Michael Mott 760-323-8255 E. R, d 182, 503.40 59,114.00 510,441.44 14,500.00 41,444.53 71, 514.26 65,312.58 39,010.20 3/10-4/10 Palm Springs Unified School District 121 Cathedral City. High Roll up Doors 980 E. Tahquitz Canyon Palm Springs, CA. 92262 760-416-6126 Joel Sorenson 4/10-11/10 City of Carlsbad 124 La Costa Ave Sub Drains 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 760-434-2830 Constantine Avalos 4/10-11/10 County of Riverside Parks & Recreation 125 San Timoteo Schoolhouse Improvements 4080 Lemon St. Riverside, CA. 92501 951-955-1000 Steve Lech 4/10-7/10 'City of Manhattan Beach 126 Strand & Live Oak Erosion Control 1400 Highland Ave. Manhattan Beach, CA. 90266 310-802-5000 Ish Madrano 5/10-6/10 Housing Authority of Riverside County 127 Aladdin Apartments Landscaping 5555 Arlington Ave. Riverside, CA. 92504 951-351-0700 Anita Rhodes 6/10-9/10 City of Temecula 132 Road & Storm Drain Damage 43200 Business Park Dr. Temecula, CA. 92590 951-694-6444 John Salazar 6110-12/10 City of Carrsbad 133 Calle Barcelona Ped Bridge Repair & Veneer 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 760-434-2830 6/10-7/10 Carlsbad Unified School District 134 Carlsbad High Baseball Scoreboard 6225 El Camino Real Carlsbad, CA. 92009 760-331-5000 Dean Harrington 27,935.00 158, 969.43 $ 348,214.14 $ 99,339.82 $ 83,647.20 $ 45, 359.00 $ 121,979.00 $ 64,928.00 $ 2,374,400.93 F[itS7': NA-T10NA.t__ CJRE'd'V FIRST NATIONAL INSURANCE CO. OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, W A 98105 KNOW ALL BY THESE PRESENTS, That we, ATOM, INC. of 40410 VISTA RD. , HEMET CA 92544 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMT. BID Dollars ($ 10% OF BID AMT. ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX 8TH FIELD NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 10th day of FEBRUARY 2011 ATOM, INC. (Seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By_b ill L D. SiONG' Attorn ,y-in-Fact S-3208/EP 7/94 n;.'�i..!r>i:�i ai!r_.x��. ri'C»tr.>,_vC>'�ie�' _�.»avX t _+.,..:><.><.w '.i. Cnt;:i•:!> »_C>.��.i;!.�i!v�.t.'»<!y<_+,<.�. �i ..c_�tra_.�t_b;r.> .�<_a_y State of California County of Riverside On 2 l -)- 11 before me, Terra Cox- Notary Public oate Mere Insert Name and TWe of the Officer ' personally appeared Larry Boyer Name(a) of Slpner(al TERRA J. COX commis W # I,r1892519 Ad Notary Public - calNorwa % Rlwraide County Coln. E res Jul Q. 2014 who proved to me on the basis of satisfactory evidence to be the person(e)-whose name(a is/are-subscribed to the within instrument and acknowledged to me that he/sbe 4hey executed the same in his/herltiwifl"uthorized capacity0*, and that by hi&NeOh�eW signature(s)-on the instrument the personl(s} -or the entity upon behalf of which the person(e)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , Signature �- Place Notary Seal Above Signature of Now/Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 �► (� obt >t1e Document Date: Number of Pages: Signer(s) Other Than Named Above: Me- %L!iie � � sr0 YA-q Capacity(ies) Claimed by Signer(s) Signer's Name: , Larry Boyer ❑ Individual ® Corporate Officer — Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Aaeodatlon• 9350 De Soho Ave., P.o. Sax 2402-Chatawa1h. CA 61313.2402•www.NallorWNoterMrg Man #5907 AeorCer.CadTOW1w 1-8004764W CALIFORNIA ALL -]PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On o f b1 �` before me, R• NAPPI "NOTARY PUBLIC" (Hen: insert name and title ofthc officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persorkWwhose. nameWis/arc subscribed to the within instrument and acknowledged to me that he/she%key executed the same in his/IIerA4tetr authorized capacity0e4 and that by his/lwd4heir signature(zron the instrument the personf a'f, or the entity upon behalf of which the personfoacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. :R.NAPPI `'CO. #1796916 NOTARLIC-CALIFORNIA NRIIDE COUNTY Signature of Notary Public (Notary Seal) My Comm. ExRp^res June 7, 2012_ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exacth• as appears above in the notary section or a separate arkrimpledgmenr form must be properly completed and attached to that document. Tire only exception is if a document is to be recorded outside of CoGfamia In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as tire verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certfihng the authorized capacttp of rite signer). Please check the document carefully for proper notarial wording and attach this form if required. - State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. - Date of notarization must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. - Indicate the correct singularpr plural forms by crossing off incorrect forms (i.e. Ire/she/tkeyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re- seal if a sufficient area permits, otherwise complete a different acknowledgment form. - Signature of the notary public mint match the signature on rile with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the. signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). - Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 w%v%v.NotaryClasses.com NOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued" by the company in connection with surety bonds, shall be valid and binding upon the. company with.the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I.have hereunto subscribed myna xed the corporate seal of the said company, this day of 4 'J _vyQ�4� ty SEAL rs2a j By David M. Carey, eistant Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 11, 2011 G Coast Construction, Inc. 5461 Encino Ave. Encino, CA 91316 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) 2011 FES 22 PI 52 06, � `�fy °��y;ht gtti �ea� k r/lK, /.Y oC.Llzd Floal Z ODIC ti1ai� �"f c� 9z � � , �uh���e� NnfiyfPea. �- CaOZ4�v ��k �ot � �/ex 1.4 4�, C/7- .y Clogo�)(r®T�r SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 8« Field CC No.1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY�''S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bi<i shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Balifield per 1 1 Plans and Specs, CC-1348 1 IS $ (�(� TOTAL AMOUNT OF BASE BID: 00 IN WORDS: I Gt) o n�f C� SQ ' ,JDOLLARS AND '2P,f 4 CENTS " ' aooj6 ov � ra1�l Accompanying this proposal of bid, find e�.S AI the amount of $1,0 c P. iawhich said amount is not less than 10% of the aggregate of the total bid price, as required y the�Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No: Date Received Bidder's.Si nature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. P0,21ion of Work Name and Address of Subcontractor State License Number Class ev16 K � 2y l re'Par kecAgah 19V5_ C13 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange -7-Ta I , being first duly sworn, de uses and says that he or she is ,,Z -� of Ct ��f J'� Ch _L;je:.,the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Signature o idder 2. Vl - 1' "3`1 W 616e Address of Bidder Subscribed and sworn to before me this day of , 201_ . NOTARY PUBLIC C-4 NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of jL OS AfV6e1_,eS On �/ I ��II before me, P11�r'ctC �� F Date Here Insert Name and Title of the Officer personally appeared F Z 1fA L 'El, JAM ES PATRICK BOYCE Commission # 1840547 Z iNotary Public - California zD Z > • Los Angeles County My Comm. Expires Mar 15, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS;myh d icial seal. Signature -- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-81h Field (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 1:0/ g C-5 Contracto 1 9 By Irl- V1 Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of per ury, the following questionnaire. QUESTIONNAME Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )ZN o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract, Date: Contra By--vI Trz�51 j"-, Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor :A Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. W BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: G Bidder Name Business Address Gi LA�� City, State Zip Y7Z47 Telephone Number State Contractor's Original Date Issued 3i Expiration Date The work site was inspected by di 6C No. and Class CZ0"� &Vlof our office on ��e % , 201 jI The following are persons, firms, and corporations having a principal interest in this proposal: r C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Signature 4- �V—V i Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC TMr ,201—. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1i 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT. - -- State of California County of L oS is N 6e C Es' On '2j / c� %�ael,before me, Date Here Insert Name and Title of the Officer personally appeared. E Z X)q L E V 1 Name(s) of Signer(s) JAMES PATRICK BOYCE Commission # 1840547 Notary Public -California D Z ` �, : Los Angeles County My Comm. Expires Mar 15, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha n n icial seal. Signature v Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer . Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBP-RINT OF"SIGNER - Top of 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876.6827 J /A G COAST CONSTRUCTION, INC. Lic. #: 844758 (A,B & C27) MAJOR CONSTRUCTION PROJECTS COMPLETED 2007 - 2009 Name/No. of Project Owner Contact Person/Tel. Scope of Work Contract Amt Date Completed 1 Community Center Addition City of South El Monte Bruno Callu / (626) 579 6540 / Site works, demolition, temp. fencing, foundation, $73,238 Sept. 2010 Juan Platero (626) 652 3110 concrete slab, brick-CMU work, framing & City Engibneer / Project roofing, concrete ADA ramp, painting, ceiling, Coordinator sewer 2 Mailroom & Personnel & Pierce College Martin Studley / (213) 820 0540 Renovation of interior spaces: demolition of $600,000 May-10 Tenant Improvement Project Manger - Swinerton existing walls/ceilings, provide partitions, mill- Const. For LACCD - Pierce works, elctrical, fire alarm/sprinkler & HVAC, sewer. College 3 Two Projects City of Huntingtonton Park Wes Lind / Cell # (626) 375 3632 Sawcut/dispose curb & gutter, grading, compac- $200,000 Aug-10 Office: (323) 584 6271 ting, fabricate/install fence panels, posts, foun- City Engineer dations & swing gates & construct block wall pilaster. 4 North Lake Avenue Tree City of Pasadena Engr. Robert Gardner Construction of sidewalk & interlocking concrete pavers. $98,000 Sept. 09 Peninsula Improvements (626) 744 4643 Construction of colored concrete paving. Furnish install ductile iron pipe sleeve with PVC pipe. Construct drainage, landscaping & traffic control. 5 Two Projects West L. A. College Bob Miller Replacement of sidewalk & chain link fence. $440,000 Sep-08 (818) 445 7783 Improvement of parking lot, striping & planting, Director, Turner Construction sewer, landscaping, planting, irrigation, patching Eve Jones and paving (310) 202 2026 5461 Encino Ave., Encino CA 91316 Tel # (818) 907-9246 Tel # (818) 907-9247 Cell: (818)974-5854 Fax: (818) 907-7067 AIA Document A31 OTM a� This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: (Name, legal status and address) G COAST CONSTRUCTION, INC. 5461 ENCINO AVE. ENCINO, CA 91316 SURETY: (Name, legal status and principal place of business) GREAT AMERICAN INSURANCE COMPANY 750 THE CITY DRIVE, SUITE 300 ORANGE, CA 92868 OWNER:. (Name, legal status and address) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BOND AMOUNT: TEN AND 00/100 PERCENT, 10% OF BID AMOUNT. PROJECT: (Name, location or address and Project number, if any) HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractors bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this h day of February, 2011. G COAST CON INC. GREAT (Principal) (Seal) (Surety (Title) -X (Title)Yi (Seal) CAUTION: You should sign an original AIA Contract Document, on which this text appears RED. An original assures thatchanges will not be obscured. AIA Document A310114 — 2010. Copyright ©1963, 1970 and 2010 by The American Ins Document is protected by U.S. Copyright Law and International Treaties. Unauthor any portion of it, may result in severe civil and criminal penalties, and will be prose Purchasers are permitted to reproduce ten (10) copies of this document when completed The American Institute of Architects' legal counsel, copyright@aia.org. �'of Architects. All rights reserved. WARNING: This AIA® reproduction or distribution of this AIA® Document, or d to the maximum extent possible under the law. report copyright violations of AIA Contract Documents, e-mail 061110 ACKNOWLEDGMENT State of California County of Orange ) On February 15, 2011 before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick_ _ _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/aw subscribed to the within instrument and acknowledged to me that he/ executed the same in hiskxxAJk authorized capacity(, and that by his/iwexkh signature(s) on the instrument the person(*), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N J, "10RT�* PETERAUSTIN NEPF7 COtY K 01799389 ;G >m NMMN PUBLtG*001 tIA M ORANGE COUNTY Signature (Seal) myCWAE*"MA'!N'M2 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014656 POWER OF ATTORNEY KN IOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power YUNG T. MULLICK ALL OF ALL JAMES W. MOILANEN MISSION VIEJO, $75,000,000.00 JENNIFER C. GIBONEY CALIFORNIA P. AUSTIN NEFF This Power of Attorney revokes all previots powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereurto affixed this 8th day of, SEPTEMBER, 2010. Attest ,A.%ismal Secrelary GREAT AMERICAN INSURANCE COMPANY Divisional Sown Tice president STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. t(rrcl-uN (513-4124602) On this 8th day of SEPTEMBER, 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it.was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF ONO MY COMMISSION EXPIRES 02-20-11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED_ That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid offrcers.and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted'by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9; 2008 have not been revoked and are now in full force and effect. _ Signed and sealed this 15 r ;,s'.q . �;, q S1029Y (10108) day of FEBRUARY 2011 Assivanl Srcrelan City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 11, 2011 Micon Construction, Inc. 1616 E. Sierra Madre Cr. Placentia, CA 92870 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, J F: pe Enclosure Sister Citi§,.sfo4wioici rvjoet"idejfior&cNew Zealand 1 Telephone: 714-536-5227 ) MICON CONSTRUCTION, INC. 1616 E. Sierra Madre Circle Placentia, CA 92870 Tel 714-666-0604 Fax 714-666-1007 TO City of Huntington Beach City Clerk, Second Floor City Hall 2000 Main Street . Huntington Beach, CA 92648 SEALED BID FOR HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX 8th FIELD BID DATE: 2/22/11 2:00 PM DO NOT OPEN WITH REGULAR M IL SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 81h Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the.work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 A If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 LS $ 16LIt 7—-- . Uu TOTAL AMOUNT OF BASE BID: IN WORDS: &j,1'f P Ai-)D ivy 0 ( t WO DOLLARS AND oo CENTS Accompanying this proposal of bid, find bidders bondn the amount of $ 1 �i ,,.CC which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NONE NONE C-2 MST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and AddressofSubcontractor"State Licensee Class _ qf Work Number i"r"t� _o,t; I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds famished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange -Gene F. Holle being first duly sworn, deposes and says that he or she is President of Micon Construction, Inc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this 17th NOTARY PUBLIC Micon Construction, Inc. Name of Bidder `->,4J6, Signature of Bidder -Gene F. Holle, President 1616 Sierra Madre Cir- P1nrantia CA 92870 Address of Bidder day of Februar ,«s.. . (0) COMM. # 1824625 RUTH LEPKE 0 6 NOTARY PUBLIC - CALIFORNIA �1 ®®2 ORANGE COUNTY 0 �,UF0T%' COMM. EXPIRES NOV. 25, 2012 J C-4 NOTARY SEAL o., UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8th Field (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: February 17, 2011 C-5 Micon Construction, Inc. Contractor , � e�,. By Gene F. Holle, President Title 4 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? _ ❑ Yes 0 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: February 17, 2011 C-7 Micon Construction, Inc. Contractor By Gene F. Holle, President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Micon Construction, Inc. Bidder Name 1616 Sierra Madre Circle Business Address PlarPntia C- 9287n City, State Zip ( 800 ) 949.0203 Telephone Number A B C8 C12 C27 C61/1)12 C61/1)34 State Contractor's License No. and Class 3/9/94 Original Date Issued 12/31/11 Expiration Date The work site was inspected by Don Napolitano of our office on 2/17/11 , 201-1. The following are persons, firms, and corporations having a principal interest in this proposal: Gene F. Holle President Don Napolitano VP-SPc/TrPag C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Micon Construction, Inc. Signature of Bidder Gene F. Holle, President Printed or Typed Signature Subscribed and sworn to before me this 17tday of Februar , U E,„E . RUTH LEPKE COMM. # 1824625 (� s® • " NOTARY PUBLIC - CALIFORNIA ti ORANGE COUNTY Ln �� �✓/� `4 rc aN` : COMM. EXPIRES NOV. 25, 2012 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. See attached Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 MYCON CONSTRUCTION INC JOB REFERENCE LIST COUNTY OF SAN BERNARDINO- LAKE GREGORY REGIONAL PARK ............................... . San Bernardino, California............................................................................ Mobilization, Demo, Excavation, Grading, Drainage, Utilities, Hardscape & Site Amenities. Owner: County of San Bernardino 385 North Arrowhead Ave. 3.d Floor San Bernardino, CA 92415 909.387.3096 — Paul De Armond $628,159.51 Completed 11/,10 COUNTY OF SAN BERNARDINO — ALMA HOFMAN PARK .................................................... $576, 670.00 San Bernardino, California.................................................................. Completed 6130110 Installation of Equipment and Shelter. Landscape, Irrigation, Mobilization, Site Demo/Clear, Grading and Earthwork, Paving and Surface Material. Owner: County of San Bernardino 385 North Arrowhead Ave. 3'd. Floor San Bernardino, CA 92415 909.387.3096 — Paul De Armond CITY OF POMONA — 3 PARKS, GARFIELD, MONTVUE & WASHINGTON PARK ....................... $337, 496.07 Pomona, California................................................................................. Completed 2/10A Demo, landscape & irrigation. Furnish & install playground, concrete site work.. Owner: City of Pomona 5055 S. Gorey Ave. Pomona, CA 91769 909.620.3734 - Bruce Jacobson CITY OF LAKE FOREST- ALTON, FOOTHILL, BORREGO, RANCHWOOD PARKS .................... $649, 067.08 Lake Forest, California...............................................................................................Completed]016108 Demo, landscape & irrigation. Furnish & install playground, concrete site work. Owner: City of Lake Forest 25550 Commercentre Drive Suite 100 Lake Forest, CA 92630 949.461.3485 - Luis Estevez CITY OF WESTMINSTER—SIGLER PARK........................................................................................$938, 914.00 Westminster, California..................................................................................................Completed 6108 Installation of Vortex Aquatic Play Equipment, Concrete and Landscaping Owner: City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 714.898.3311 —Jake Ngo Ext. 217 CITY OF COSTA MESA—TEWINKLE PARK...................................................................... ............ $1, 028, 043.00 Costa Mesa, California...........................................................................................Completed 6127108 Construction of Tot Lot, Restroom, Installation of Prefabricated Shade Structure Concrete and Landscaping Owner: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 714.754.5045 — Michael Guevara NIP 6505 STATE OF CALiF OnNIA ZEPAFLTYZNT OF INSURANCE Amended Dart Licata of Ruth ortr Tim Is iv Onunrx, 71at, pursuanl to the Znsuranoo Code of -the Mate off' Callfortiia, Aegis SeauriLy Ilnsurattae Company cif fla r..ri sbu r. g , Pennsy 1 vania , organized under the laws of sub*l tp fts Arliales bf incorporation or other fundamontal organizational dooumants, is heraby authorized to tmnsaol -u Uhln this Skate, ,sKcbjecl to aA prottEslotts.of-ttrss Cent}ftcate, the faIloutittg classes of lnatcranoer ' Fire, Surety., Disability; P13te -Glass,-Uabilify, Burglary, AtrtomDbile, and Miscellaneous as sued cirwas are now or may harsaf ter.be defined in -the Insurance Laws of the State of Calitoniia, o 0;x=prcA7st fs expressly aonditfoned upon the holder haracf now -arid hereaftar being -in f iill uontplianrs wall rill, anil not -in yidlation-of arty, of the applicable laths and Tautftrl vequfrcnxnts made uridacr authoray of the laws of Ow Statc. of Cattfornie as long as such louts tm-ratlutre'ttu:nis are f,h .foot and appi{aable, and as such louts and raqulremaaj 3, now -are, or may hersaftor be chanbad or amandad, Ira �Vrrnn,ss iritu.a>?, e�ectine as of ZB_ 9?,1 have hareatito sel my hand and caused ml/ of offal seal to be a f}ixad t}•tis_1 9.t.h dale I9 9 7 ---�.� UFA ru_ f�tunllficu MD",ESQ rite Seordaiy of B1aLe musl be accomplished Us reguirsd b; prum._t}),.sltur_issugnoe of this CerShaik4of huthorlty. Failure W do so 11'lif be L ViRluf 913 Ltj �T3;. t_'DCiC 9CC,-_7U) . -t = u u�ti3;�f,i C >wl>n116..torreY �g.Itits:�erttl�enC�, of`Jtul tozltp tirsunnl Le the �venun(h.ma 6 fv Chic nPrtbwttion therafor and die uondltfans Wntnlned herein. .t r•Ii� ronN ca.a A. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Micon Construction, Inc. (Here insert full name and address or legal title of Contractor) 1616 Sierra Madre, Circle, Placentia, CA 92870 -as Principal, hereinafter called the Principal, and Aegis Security Insurance Company (Here insert full name and address or legal title of Suretyl 2407 Park Drive, P.O. Box 3153, Harrisburg, PA 17110 a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount of Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid. for (Here insert full name, address and description of project) Huntington Beach Central Park Sports Complex 8th Field NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of February 2011 Micon Construction, Inc. (Principal) (Seat) ATTE c BY: Don Napolitano, VP—Sec/Treas Ge F Holle, Pre)ident e is Se uri Insurance C mpar (Sure ) witness) BY: AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 (Seat) Pry nfed on Recycled Paper 9/93 SURETY ACKNOWLEDGEMENT STATE OF Pennsylvania SS: COUNTY OF Montgomery On this 22°dday of February in the year 2011, before me personally comes Nancy Nigro, to me known; who, being by me duly sworn, deposes and says that he/she resides in the City of Collegeville, Pennsylvania, that he/she is the Attorney -in -Fact of Aegis Security Insurance Company the Corporation described in and which executed the foregoing instruments; that he/she knows the seal of the said Corporation; that the seal affixed to the said instrument is such seal, that it was so affixed by the order of the Board of Directors of said Corporation, and that he/she signed his/her name thereto by like order. (Signature & Title of Offici �aking Acknowledgement) Kevin M. Burruss, Jr., Notary Public NONW-E;LTt�i raw%"i+J A;t1jnNa;i ta:'yiy dt Sa ,...1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT e�, � :"tA„':xwR.�..�t.a Fa .� r, ��„x >_. a.:� � . > rt��..� . Q K.�:>.-C _a�_�._ .., .,:� hfi,.� , ✓t�, ... ^�iit�.� v,tF,a,��.W s ,..�,5�...`�c"'�� State of: California County of: b1� On Mt?- ?eeI t before me, P QTJtA "--fK� tk6A-e, PJI6LfC (name and title of the officer) personally appeared �. P1trX who proved to me on the basis of satisfactory evidence to be the person (a) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in hislha;theirauthorized capacity. lies), and that by his/hefteir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal LEPKE U E�aER 3 COMMH# 1824b25 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY COMM. EXPIRES NOV. 25, 20112 — ------ — ------------------------------- Signature of Nota ublic (Notary Seal) ,,, ;�-_- OPTIONAL INFORMATION---�-,E Information below is NOT required by law however may deter fraudulent removal of this form. Description of Attached Document Number of Pages Document Date: i Title or type of document Additional information Capacity Claimed by Signer(s) ❑ Individual(s) ❑ Corporate Officer ❑ Partner ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Power Certificate No. PA 035 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: JOHN P. FOLLMAN, JR., DOUGLAS S. HANSEN, LYNN M. WHEELOCK, NANCY NIGRO, KATHLEEN M. BERKELBACK, ERIC J. FOLLMAN, SR., FERNANDA L. DEPAOLANTONIO its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney -in -Fact or under other appropriate titles with authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached.0 IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 1 st day of November, 2010. AEGIS SECURITY INSURANCE COMPANY BY: �g•I� DARLEEN J. FRITZ President H Commonwealth of Pennsylvania } } s.s.: Harrisburg County of Dauphin } On this 1st day of November, 2010, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that she knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said comoration and that she signed her name thereto by like order. REBECCA LIDDICK Notary Public My Commission Expires July 25, 2013 I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 22nd day of February, 2011 &1�a- DEBORAH A. GOOD Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 11, 2011 STL Landscape, Inc. 8122 Compton Ave. Los Angeles, CA 90001 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, 010 (-14") Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi§.IfgjVklkgpAHu,petV"iA @DcNew Zealand (Telephone: 714-536-5227 ) 2011 FEB 22 pt. 1: 58 w�� SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 8" Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Balifieid per 1 Plans and Specs, CC-1348 1 I LS is TOTAL AMOUNT OF BASE BID: Ll , () ka�o IN WORDS: t1-711%t #W U Dk C0 k"�/ d / DOLLARS AND AP3 CENTS /--o wz . Accompanying this proposal of bid, find i3'v1 in the amount of $ �o �o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's.S9 nature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 2a-a :.> Fend �r�►., cry (N� 7r 1tA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L3 \ SAT -Fas c;,4, , being first duly sworn, deposes and says that& or she is IS' IF G►'Lk�_ of 'S i L_ L N-t>� 0 5' GNP E7, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STL_ L_k�30sc-A-Pjr- D" 2-4 Name of Bidder ��z 2 Address of Bidder Subscribed and sworn to before me this day of . bra , 201 TERESA LOERA N comm. # 1791862 rn NOTARY PUBLIC-CALIFORNIA =' ORANGE COUNTY MY Coraoa. 6p. fee. 24, 2012 NOTARY PUBLIC NOTARYSEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF H[UNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8�1' Field (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 2 q_ t t l C-5 Contractor By S ..C(4_ Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 10 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Z- t (I C-7 Contractor By 5• i . -.C'a -k; - Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: T 13 0 Contractor Title Date: 211(I (� Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S i L . lL A-tjy) 5 G. t.,-P C, 1 e,3 C Bidder Name Business Address /-0 5 I City, State Zip Telephone Number 928) A/cz? /C/C- State Contractor's License No. and Class Z Original Date Issued 1L Expiration Date The work site was inspected by DAB PA-MO-Sc;P—S of our office on 2-I2( 1 ( , 201_,. The following are persons, firms, and corporations having a principal interest in this proposal: FEU C i Acne L- L) ji-XIV PO4 r V P S -rL L P-N V) S L rt �� , „4,c, i —jr C-- 5, [.- / ,) — C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ST L- LA Company Name Signature Printed or Typed Signature Subscribed and sworn to before me this),lsday of .F4 ro&-r-i , 2011 . TERESA LOERA 'n Comm # 1791852 1Ii NOTARY PUBLIC •CALIFORNIA ORANGE COUNTY MY Comm. ExP, FEB. 24, 2012 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: C iz-L-t op- (2d�—c,i (+(DS. Name and Address of Public Agency Name and Telephone No. of Project Manager: A >-A 0 "1" C L- P -l<= C 3 i o") S q i - Z476 7 L A,,,) 17 3c..P�P)f-6 i72uc-77�= Contract Amount Type of Work Date Completed 2. C141/00 14 /cam S UNi G/ fi.0 SC l4-,-- v (.._ t=.-% Name and Address of Public Agency a Name and Telephone No. of Project Manager: �n��sG� �o;�s�w���� z i, Contract Amount Type of Work Date Completed 3. G ti-t-1 () V V`q o VJ . c Name and Address of Public Agency Name and Telephone No. of Project Manager: S 1"�-JIL- STP--PJ ;i7,3 (9og) 7 z C — 1-760 ( AA IUD Contract Amount Type of Work Date Completed C-10 VD19 INSCO INSURANCE SERVICES, INC. "I ,c® Underwriting Manager for: 0 1 = Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, STL Landscape, Inc. 2901 as Principal, and Indemnity Company of California a corporation authorized to transact a general surety business in the State of CA as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of TEAT PERCENT OF THE AMOUNT OF THE BID Dollars, ($ l0%********* 1 for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents_ WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Central Park Field Improvements Cash Contract 1348 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise. to remain in full force and effect. Signed and Sealed this 18th day of February 2011 YEAR f7 - STL Lands pe, Inc. Indemnity Company of California Surety By: By: Dan Pa ers = Corp. Se�-Iretipal an S. Mantle Attorney -in fact ID-1198 (Ekd Bond) (REV. 1/01) ALL-PURPOSECALIFORNIA ACKNOWLEDGMENT r%JS�t Ys�.�i�>,�.-�,'.• .�.;a�csU '`s�. ``��wa>,T3!T..•�_-�,'..�.•�. S�$�?.•�.�5�,•�.-�.'S�.�:.�.�C�.-�_'>�_'�>...1_'�C�,•�>.b�,•�,'��.��� State of California County of Orange On C__� Xl` before me,Mary rtignoni Notary Public Date Here Insert Name and Title of tfv Officer ' personally appeared Ryan S. Mantle Name(s) of Signer(s) MARY MARTIGNONI COMM. # 1761251 NOTARY PUBLIC - CALIFORNIA M ORANGE COUNTY My Comm. Expires Sept. 9, 2011 who proved to me on the basis of satisfactory evidence to be the person whose namd64 is/*4 subscribed to the within instrument and acknowledged to me that helb~ executed the same in hi9%WdtW authorized capacity(i�p4 and that by his7hACtb& signatureV on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu -Place Notary Seal Above Signa re of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan S. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ EX Attorney in Fact . T f h bfi ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Indemnity Company of California op o t urn ere Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General. ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: '�.RIGHTTHUMBPRINT - OF SIGNER. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: *** Les M. Mantle, Ryan S. Mantle, jointly or severally *** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact; pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive.Vice-President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By. \ ; ,&I Daniel Young, Vice -President By: Stephen T. Pate, Senior Vice -President State of California County of Orange . ty AND ,ya,. �, ANY O 9,?ORgj•.F �G OpPOq. F ":z� w t' OCT. OCT. 5 10 ? `> z L 1967 IOVYP .aab . ti Cq<IFOP On August 13th, 2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislherltheir authorized capacity(ies), and that by histherltheir signature(s) on the instrument the person(s), or the entity upon behalf of JENNY TT NOVYM which y COMM. # 1791840 the person(s) acted, executed the instrument. NOTARY PUBLIC CALIFORNIA certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COLONY true and correct. my comm. ex; ms F& is, 2312 40 WITNESS my hand and official seal. Place Notary Seal Above Signature r"L4.Af L__-, Je TT Ng n, Lary Public CERTIFICATE 6 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, thisl8tbday of February, 2011 By: 1 regg Okur , stant Secretary ID-1380(Rev.11109) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 11, 2011 Tropical Creations, Inc. 14560 Calvert St. Van Nuys, CA 91411 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Sincerely, J F: pe Enclosure Sister Citie_&6019/JWretW( g@kQr6bcNew Zealand (Telephone- 714-536-5227 ) T i rocal Creations in HORTICULTURAL SERVICES 14560 Calvert Street Van Nuys, CA 91411 i '� I �/ q �0 !N TE%E r 2011 FFB 22 PM 1 35 SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 8`h Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of. the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER`S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Balifield per 6� 1 Plans and Specs, CC-1348 1 LS $ TOTAL AMOUNT OF BASE BID : $ 23 6, 93 0.0 0 IN WORDS: Two Hundred Thirty Six Thousand DOLLARS AND Zero Nine Hundred Thirty CENTS Accompanying this proposal of bid, find bid bond in the amount of $ 2 7, 5 0 0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. ` Date Received Bidder's Si nature N/A C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 10-. Barkshire, San Clemente, CA. 757453 C27 9% Alcorn Fence, Orange, CA. 122954 C13 33% Howard Contr., Hawaiian Gardens 466400 C12 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Chris Sturm , being first duly sworn, deposes and says that he or she is President of Tropical Creations Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Tropical Creations Incorporated NfAe of Bidder a "a'�-- Signature of Bidder 14560 Calvert St., Van Nuys, CA 91411 Address of Bidder Subscribed and sworn to before me this day of , 201_ . NOTARY PUBLIC C-4 NOTARY SEAL ACKNOWLEDGMENT State of California County of Los Angeles On Z-2 0 ` / / before me, Mira Khany Manozur / Notary Public Personally appeared Chris Sturm who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �auuunnuauNNttl�lUgltflHI11H HNIltlullutltuuu(4 WITNESSS my hand and official seal. _ �AivZOUR Commission fJ 1853390 Z , mrs Notary Public - California Los Angeles County My Comm. Expires Jun 9, 2013 i'1II1111fIlIl Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllltllllllllfi€. Signature (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington ]Beach Central Park Sports Complex4h Field (n(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 02-20-11 C-5 Tropical Creations Incorporated Contractor i Chris Sturm By President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 02-20-11 C-7 Tropical Creations Incorporated Contractor i Chris Sturm By President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Tropical Creations Incorporated Bidder Name 14560 Calvert Street Business Address Van Nuys City, ( 818 ) 782-0005 Telephone Number 769375-C27 State Contractor's License No. and Class 09-29-1999 Original Date Issued 05-31-2012 Expiration Date CA 91411 State Zip Rogelio Rodrigue The work site was inspected by oiour office on February 15,201 1. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Tr,6pical Creations Incorporated Signature of Bidder Chris Sturm Printed or Typed Signature Subscribed and sworn to before me this day of , 201T NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 E1 Monte UHSD, 1003 Burfee Ave., S E1 Monte, CA 91733 Name and Address of Public Agency Name and Telephone No. of Project Manager: Rosana McCleod 131,000 Athletic Field Renovation 08/09 Contract Amount Type of Work Date Completed 2. City of Los Angeles - GSD, 555 Ramirez St, Space 150-C, L.A. Name and Address of Public Agency Name and Telephone No. of Project Manager: James Byer, 213 - 216 - 3 3 4 2 108,000 & 11/08 & 115,000 Sports Field Construction 06/09 Contract Amount Type of Work Date Completed 3. City of Beverly Hills, 345 Foothill Blvd., Beverly Hills Name and Address of Public Agency Name and Telephone No. of Project Manager: Charles Ackerman, 310 - 2 8 5 -113 2 528,000 Park Construction 05/08 Contract Amount Type of Work Date Completed C-10 ACKNOWLEDGMENT State of California County of Los Angeles On 2 — 2,0 before me, Mira Khany Manozur / Notary Public Personally appeared Chris Sturm who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSS my hand and official seal. _.................q.....�.o.��n�r+mnnumnuuuu PAPA Olt CornmWon 0 1033390a Notary Pub0c - Co"Of Los Angeles County My Comm. Expires Jun 9. 2013 Signature ail (Seal) AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 1000780194 PREMIUM $0.00 I BID DATE: 02/22/11 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, TROPICAL CREATIONS INCORPORATED (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and.authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) of amount bid not to exceed Twenty Seven Thousand Five Hundred and 00/100 Dollars ($ 27,500.00 for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Huntington Beach Central Park Sports Complex 8th Field, CC No. 1348 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 15th DAY OF February 2011 i TROPICAL CRE bRPORATED PRfNCIPAL By: AMERICAN CONTRACTORS WDEMNITY COMPANY i By: Carol Strum, Attorney -in -Fact ACKNOWLEDGMENT State of California County of _ Ventura ) On February 15, 2011 before me, John Strum, Notary Public (insert name and title of the officer) personally appeared Carol Strum who proved to me on the basis of satisfactory evidence to be the person(Kwhose name(56 is/aFe— subscribed to the within instrument and acknowledged to m e that lie/she/they executed the same in dais/her/"r authorized capacity(ies), and that by hie/her/theif signature(91 on the instrument the person, or the entity upon behalf of which the per son(A acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ t� �) (Seal) JOHN STRUM Commission # 1840823 2 Notary Public - California 2 Z Ventura County > M Comm. Expires A r 13, 20133 �W ZA OF ATTO"N i AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPA NY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States SuretyCo_ a; Maryland corporation and; U S " specialty Insurance-,-C.ompany; a texas corporation (collectively,: the `Campant`es") do b these presents' make obnstltute and ahoint: Carol Strum of Newbury Park, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and -stead, --to eeeute _acknowledge and deliver any and, aH bopds, recognizances,,vndertakiLtgs or other 'instruments or contracts of styshi to Illcttle riders, amendll1lttelts, ap,dnseii of surety, gevltuu tke 1113Id = _ penalty does not -exceed `***16reeMillion***** i Dollars {$=Q00 ) - - — This Power of Attorney shall expire without tiirther action on December 81 2012 is "ower of Attorney is grand ufer anctby authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full p = � _ pp y persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following power an authon to appoint anyone or more suitable erso tovtsas - _ - — tWhey�ri fact ray liven full power and authority for and to rite name of and on behalf tf t ampatiy t e knowledge and deliver, any -and all b©ems, me tz traces eontraet ='agreements or indemnity and other co 'dition 'l or obligatory undertaktrtigs-it nAlki anc� and documents canceling or termttiating the 's liability thereunder, and an such instruments so executed b an such Attome n_Fai t shaalf-be binding upon the Company as if signed b the President PAY tY Y Y l Y- g 1- �' "' �' Y and seated and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. _ IN WITNESS WHEREOF, The Compame"ave ca_used this -instrument to be signed andltheir corporate seals to b erst ffi dIN- 15" day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seats = acroPEcr r� T N By:- �� Daniel P—Aguilar, Vice President State of California County of Los Angeles SS: On this.15`h day of June, 2009, before te, U _Wright, a=notary public, personally appeared Daniel P. Aguilar mice__Pre deftfof American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which -the persons) acted, executed the instrument. I ce tl`y tine PEN LTY OF PERJURY undef the laws of the State of Califolliia that the f�-_gcing paragraph is.true and correct. WITNESS my hand and official seal: _ k_ v. WriiGHF n Cwnnaiseion tli2Ct48 g � ) a Notify public . California Los Anvies County —.__- lace Occ �. 2012 SI nature �j� , (Seal M•-C mm EM I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States, Surety Company and U.S. Specialty Insurance Company, do hereby certify ihat'the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 15th day of February 2U1,1 Corporate Seals Va�tatro,¢r�yo stt�� 5P r lA�rL BondNo. 1000780194 3 iNcSEn 26, A oeA>Fo SEAL Co in J. Kim, Assistant Secretary Agency No. �295 gs" •b' � � ti b + �a �4llFgttt`►" City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 11, 2011 Weeger Bros., Inc. 2124 Main St., Ste. 146 Huntington Beach, CA 92648-6443 RE: CC-1348 — Central Park Sports Complex Field #8 Enclosed please find your original bid bond for CC-1348. Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citiq-gto#ogy /c6pa t/PeWAi g6W.goNew Zealand (Telephone: 714-536-5227 ) 2011 FED 22 FM 1.54 E'J� "" �'j WEEGER BROS., INC. 2124 MAIN STREET, SUITE 146 HUNTINGTON BEACH, CA 92648-6443 City of Huntington Beach City Clerk, 2nd Floor 2000 Main Street Huntington Beach, CA '92648 Hunt Bch Central Park Sports Complex 8th Field CC No. 1348 SECTION C PROPOSAL for the Huntington Beach Central Park Sports Complex 8" Field CC No. 1348 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. SCHEDULE OF PRICES -BASE BID Item No. Description Estimated Unit Extended Amount Quantity Construct 8th Ballfield per 1 Plans and Specs, CC-1348 1 lS--- TOTAL AMOUNT OF BASE BID: $ IN WORDS: -two �,r J ✓P .-y1y -5UVe 4 444,ASk r, C DOLLARS AND CENTS Accompanying this proposal of bid, find Bid Bond in the amount of $ ---- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature none C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of rk Name and Address of Subcontractor State License Number Class G 1 dY3r �nQ� ov" INDr vaPkdy'aw- � d . i i By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark T. Weeger , being first duly sworn, deposes and says that he or she is Prps i dpni- of Weeger Bros _ , Tnc _ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Weeger Bros., Inc. Name of Bidder Signature of adder 2124 Main Street, Suite 230 Huntington Beach, CA 92648 Address of Bidder Subscribed and sworn to before me this day of , 201_ . Jurat Attached NOTARY PUBLIC C-4 NOTARY SEAL State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 22 day of February , 2011 , by Mark T. Weeger proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. DAWN RWA c OWAMOWO y CRANGECOUMY .. My Cann Ees May n, zm3 � (Sea Signature_ /���- UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH[, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Huntington Beach Central Park Sports Complex-8 lb Field (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 02/ 22 / 11 C-5 Weeger Bros., Inc. Contractor y Mark- T. eeger President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty ofperjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 02/22/11 C-7 Weeger Bros., Inc. Contractor By Mark T. Weeg President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Weeger Bros., Inc. Bidder Name 2124 Main Street Suite 230 Business Address Huntington Beach, CA 92648 City, State Zip (714 ) 536-3854 Telephone Number 417715 A, B, C5, C8, C12 Exp. 02/29/2012 State Contractor's License No. and Class 02/03/1982 Original Date Issued 02/29/2012 Expiration Date The work site was inspected by Ryan Weeger & of our office on 02/21/2011 , 201_. Mark T. Weeger The following are persons, firms, and corporations having a principal interest in this proposal: Mark T. Weeger C-9 President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Weeger Bros., Inc. Company Name Signature of Bidder Mark T. Weeger, President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201T Jurat Attached NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 See Attached Project History Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 22 day of February , 2011 , by Mark T. Weeger proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. DAWN RODACOMMMOO N v� ORAM COUNTY ... WO mm. E*%Mar t7, Zm3 s (Seal) Signature WEEGER BROS., INC. PROJECT HISTORY CURRENT AND COMPLETED PROJECTS OC Fair & Event Center Admin. Building / Completion 09/13/09, NOC recorded 9/23/09 Owner: California Construction Authority Contact: Jess Cummings 1776 Tribute Road, Suite 220 916/263-6100 Sacramento, CA 95816 916/263-6116, Fax Architect: ATI Architects & Engineers 3050 Pullman Street Costa Mesa, CA 92626 Original Contract Value: $2,498,350.00 Final Contract Value: $2,769,846.62 Contact: Bill Bigatti 714/338-1600 714/549-5978, Fax C.O.: 62 Percent of Contract: 11% Description: New single story wood frame Administration building 15,000 sq. ft. Work includes but is not limited to: demo, earthwork, asphalt concrete paving, site utilities, tube steel fences, concrete forms, rebar, cast -in -place concrete, vapor barrier/retarder, unit masonry, stone masonry, structural steel, metal deck, ornamental metal, metal finishes, rough carpentry, finish carpentry, membrane waterproofing, stone sealer, insulation, composite metal panel system, built-up roofing, sheet metal, hollow metal, wood doors, aluminum windows & door frames, finish hardware, glass & glazing, storefront entrances, plaster & gypsum board, tile, acoustic ceiling, resilient flooring, paint, toilet partition and accessories, plumbing, HVAC, electrical, telephone systems, and fire alarm. Aliso & Linda Vista Elem. Multi -Use Building / Complete 10/24/07, NOC recorded 12/14/07 Owner: Saddleback Valley Unified School District Contact: Stephen L. McMahon 25631 Peter A. Hartman Way 949/580-3312 Mission Viejo, CA 92691 949/581-2813, Fax Architect: LPA, Inc. 5161 California Ave., Suite 100 Irvine, CA 92617 Original Contract Value: $2,602,800.00 Final Contract Value: $2,740,805.63 Contact: Andrea Blasko (949) 261-1001 (949) 260-1190, Fax C.O.: 5 Percent of Contract: 5.2% Description: Construction of new 1 story above grade 3 classroom multi -use building at each school consisting on some demolition, wood framed, landscape planting, minor site improvements, asphalt paving, signage, cast -in -place concrete, structural steel, casework, built-up roofing, sheet metal, metal doors & hardware, glass & glazing, lath/plaster/gyp board, ceramic tile, acoustic the ceilings, carpet, tackable wall panels & markerboards, HVAC, building and site plumbing, and electrical. 7,680 square feet total square footage. WEEDER BROS., INC. PROJECT HISTORY CURRENT AND COMPLETED PROJECTS Corona del Mar State Beach Improvements / NOC on 2/27/07. Recorded 3/6/07 Owner: City of Newport Beach Contact: Lloyd Dalton, PE P.O. Box 1768 (949) 644-3328 Newport Beach, CA 92658 (949) 644-3308, Fax Architect: Jorgensen Architects Contact: Jason Briscoe 2800 Lafayette (949) 566-0080 Newport Beach, CA 92663 (949) 566-0082, Fax Original Contract Value: $3,945,000.00 C.O.: 8 Percent of Contract: 0% Final Contract Value: $3,944,858.48 Description: Demolishing, removing and disposing of existing buildings and site improvements; constructing one 2338 s.f. masonry lifeguard building, two 1245 s.f. masonry restroom buildings, and 155 s.f. masonry parking booth, parking lot and site improvements; installing irrigation and landscape improvements; reconstructing Inspiration Point Beach Access Trail; concrete; artistic concrete; structural steel & metal fabrications; pipe railings; casework; thermo plastic waterproofing; deck coatings, insulation; coal tar pitch roof, copper roofing; sheet metal flashing; steel doors; overhead doors; alum. entrances & storefronts; skylights; hardware; glazing; gyp brd; tile, acoustic ceilings; resilient base; grafitti coatings; painting; parking control equipment; plumbing; HVAC; and electrical. 170 working days. Corey & Gilbert Elementary School Administrative Building/ Work completed Dec. 2005 Owner: Buena Park School District Contact: Greg Magnuson 6885 Orangethorpe Avenue (714) 522-8412 Buena Park, CA 90620 (714) 994-1506, Fax Architect: Harley Ellis Devereaux 601 S. Figueroa Street, Suite 500 Los Angeles, CA 90017 Original Contract Value: $2,045,500.00 Final Contract Value: $2,125,389.33 Contact: Robert Parme 213/542-4500 213/542-4515, Fax C.O.: 6 Percent of Contract: 3.9% Description: Each elementary school will have demolishing of most of the existing administration structure at the site; construction of new administration facility and minor renovations to the remaining portions of the existing structures that are not demolished. New construction at each elementary school consists of a single story wood framed buildings with sloped built-up roofs. The facilities are comprised of offices, teacher's lounge, nurse's office, reception, and toilet facilities. WEEDER BROS., INC. PROJECT HISTORY CURRENT AND COMPLETED PROJECTS South Beach Phase II / Notice of Completion 4/26/05, Recorded 07/13/05 Owner: City of Huntington Beach Contact: Eric Charlonne 2000 Main Street/P.O. Box 190 (714) 536-5431 Huntington Beach, CA 92648 (714) 347-1573, Fax Architect: Purkiss Rose — R.S.I. 801 N. Harbor Blvd. Fullerton, CA 92632 Constr. Mgr.: Concept Marine Associates, Inc. 6700 East PCH, Suite 201 Long Beach, CA 90803 Original Contract Value: $ 9,790,500.00 Final Contract Value: $10,769,498.40 Contact: Oscar Johnson (714) 871-3638 (714) 871-1188, Fax Contact: Mike Helma (562) 594-6974 (562) 594-6975, Fax C.O.: 23 Percent of Contract: 10% Description: Consists of the demolition/removal of the Lifeguard Headquarters Building two (2) existing restroom buildings, one (1) concession building, concrete and asphalt paving, removal of lighting and landscape (Approx. 22,000 sq. ft.). A temporary pedestrian/bike path constructed as part of this work. New construction consists of grading and drainage facilities, three (3) new restroom buildings, new plaza areas, a new Lifeguard Headquarters Building, a new Educational Center (home of the Junior Lifeguards), new concrete paving, new asphalt parking areas, walls, planter walls, retaining walls, signage, new lighting systems for parking and security lighting, electrical systems, site amenities, landscape and irrigation, and temporary lifeguard and junior lifeguard facilities. Bolsa Chica State Beach Redevelopment/Notice of Completion 3/31/03, Recorded 04/30/03 Owner: California State Parks/O.C. District Contact: Donna Renner 3030 Avenida del Presidente (949) 366-8529 San Clemente, CA 92672 (949) 494-8412, Fax Architect: RNP, Inc. Contact: Bill Karrasch 363 51' Avenue, Suite 202 (619) 233-1023 San Diego, CA 92101 (619) 233-0016, Fax Constr. Mgr.: Kleinfelder 16 Technology Dr., Suite 150 Irvine, CA 92718 Original Contract Value: $12,233,327.00 Final Contract Value: $12,698,407.00 Contact: Wally Bond (949) 727-4466 (949) 727-9242, Fax C.O.: 12 Percent of Contract: 3.8% Description: Complete demolition of 12 restroom/dressing rooms, 5 concession buildings, 1 lifeguard headquarters, 1 fenced maintenance yard, 2 contact stations, all sand walls and all overhead light standards. Reconstruction includes 11 restrooms, a new combination restroom/shower building, 4 concession buildings, 1 park headquarters/visitor center, 1 maintenance shop with yard, 1 storage building and 2 contact stations. The existing coastal multi -use trail will be reconfigured and new sand walls and light standards will be installed. The project will replace all existing sewer laterals, water lines and other site utilities. In addition, this project will eliminate unnecessary parking lot islands and resurface parking lots, multi -use trail and access roads. Western Surety Company KNOW ALL PERSONS BY THESE PRESENTS, That we Weeger Bros., Inc. hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto the City of Huntington Beach hereinafter referred to as the Obligee, in the sum of Ten (10) percent of amount bid, not to exceed Ten Percent of Amount Bid , ($ 10% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee for Huntington Beach Central Park Sports Complex 8th Field - CC No. 1348 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified; enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 18th day of February 1 , 2011 Weeger Bros., Inc. (Principal) ea! B Mark T. Weeg Presi t Western Surety Company (Surety) (ea ) Willia Syrkin; torn ey-i n -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a. duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Baas- Bates, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of March, 2010. SwrE. WESTERN SURETY COMPANY sei pQQO r: as �¢slxj �s`�y�4P, N onx° Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 8th day of March, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i : D. KRELL f November 30, 2012 r SEAL NOTARY PUBLIC Fas s i�SOUTH DAKOTAW= t NNNNNNNNNN NNNNNNNNNNNNN + D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th day of February 2011 aS,tRsr}oo WESTERN SURETY COMPANY 4 (ZYf L. Nelson, Assistant Secretary Form F4280-09-06 w �S,.v.S�.-w.�,>nvai c�>� .,sa.�'D�,s� �av'�R..�c�.,.. ,�?S,.�J v.�.�ae,..'..aa>1�.,s.<,: �<.�.. �:L.•�>,�i,.� -av�. �,ti.�.�a. � w. �3,:�.Aa. �.'�?.,zay.�vcaY�. r� State of California County of Orange On 02/18/2011 Date before me, A. Wilkison, Notary Public Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON �= Commission # 1866283 Z : `� Notary Public - California z Orange County D My COMM. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(s) is/afe. subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hod#i& authorized capacity(), and that by his/herlae:* signature(4 on the instrument the person(*, or the entity upon behalf of which the personWracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature :��_� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 02/18/2011 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: One 1 Signer's Name: William Syrkin Signer's Name: Individual Individual Corporate Officer — Title(s): — Partner = ` Limited `3 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Western Surety Company #tlGkiT THUMBPrt€NT'SIGNER ❑ Corporate Officer — Titie(s): 1= Partner — O Limited General Attorney in Fact Trustee Guardian or Conservator Other: ___--- Signer fs Representing: MOR Top of thumb here (02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827