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HomeMy WebLinkAboutB&T Works, Inc. - 2009-08-17-A ^ RECEIVED li CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Offic e (Name) after signing/dating� (Date) wo -A CITY OF HUNTINGTON BEACH , I 7U a INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE:,G�,/�i SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Codncil Approval Datj) Name) Agenda Item No. /14, 1w e� City Clerk Vault No. 67)(9 C;, �D #27 g1followup/bondlefter.doc A i Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH Bond Surety Company Approved a o credit/Financial Rating TO: THOSE LISTED HEREON f FROM: Duane Wentworth, Contract Administrator Sh L Fre enrich, City Treasurer DATE: March 29, 2010 SUBJECT: Retention Release Payment Company Name: B & T works, Inc. Address: 23905 Clinton Keith Road, #114-351 City, State and Zip Code: wildomar, CA 92595-7897 Phone Number: (951) 775-6617 Business License Number: A 251420 Local Address: N/A Notice of Completion Date: February 24, 2010 Contract Purpose: Retention Release for Cash Contract 1336, City Yard Slope Repair Project 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 the subject at this time. Date Y 5ravis K. Ho31<A irector Rating I certify that there are no outstanding invoices on f Company is approved as to Credit / Financial Rating. Date Shan.Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. may- /d W&6_7�_ At4_rx_'_� Date 6,5 b . .J an ly ,City �y n k M Retention 3 Signature Memo 3/29/2010 4:04:00 PM RECEIVED BY: (Name) (Date) t�► CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ' Freidenrich, City Treasurer FROM: L GS t ��- s 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. R C'rC_ 000.s�3 Re: Tract No. l� CC No. 3J MSC No. Approved Agenda Item No. (Co ncil Appro al Da ) City Clerk Vault No. #27 g1followup/bondletter.doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TH Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllll NO FEE 2010000086772 813 am 02/24/10 143 412 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF CONIPLETiON 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 B & T Works, Inc. who was the company thereon for doing the following work to -wit: CITY YARD SLOPE REPAIR PROJECT, CC-1336 That said work was completed January 28, 2010 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 January 28, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western Insurance 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 February 2, 2010. A/4— Direvor of P41611c Works or City Engineer City of Hunt i gton Beach, California t " 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. 1 have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this February 2, 2010. Directo of Pu lic Works or City Engineer City of Hunti gton Beach, California !�► THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'.059-TITLE PAGE (A7/951 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: C -' � 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 , 20t , at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] As To My ATTORNEY -TLC' 03• ab • tzt. 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: l 3, 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 S 4'11 day of l'�� , 20 GU , at California. , jU,Z, c-,.,.... -TL) 3'2F6`OT-P 245911.1 L j a L/ (Name of Declarant) CONTRACTOR'S CERTIFICATE C I , state and certify that: is the general contractor to the City of Huntington Beach ("City") on Contract No. 13 �r 4 (the "Contract') for the construction of the public work of improvement entitled: C. (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"): /V a/t� 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"): /0��e I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at ✓-� r) s c:DJy on this day of , 20 10. APPROVED AS TO FORM By: sji-7/a -U 3. yao(.p Name: [Type Name] Title: [Type Title] 245914.1 Maintenance Bond Bond No. CTC00053 Premium: $ 3821.00 KNOW ALL MEN BY 'THESE PRESENT'S, that we B&T Works, Inc , as Principal, and WESTERN INSURANCE COMPANY, a Nevada corporation, as Surety; are held firmly bound unto City of Huntington Beach as Obligee, in the full and just sum of ** ($ 152,843.75 ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_ WHEREAS, said County requires that the Principal will furnish a bond conditioned to guarantee for the period of i year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period in connection with Completion of City Yard Slope Repair NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within I year(s) from the date approval, the work done under the terms of said County shall disclose poor workmanship in the execution of said work, the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void_ PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 8thday of February Witness: AP ED A TO FO JE IF WGRAT ity ttome �a3 2010. Princi Western Insurance Company ,fi�" V - 14kq___ 1 lody L. §ydur Attorney -In -Fact ** One Hundred Fifty -Two Thousand Eight Hundred Forty -Three Dollars and Seventy -Five Cents WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duty attested by the signatures of its President and Secretary, this 19"' day of June, 2006. WESTERN INSURANCE COMPANY U1 RA P•t�40PP0'94 (Signed) By - 9 SEAL President k�l rF1994 o'r By (Signed) dr Secretary STATE OF NEVADA) 61.1 COUNTY OF WASHOE ) On this 19`h day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said Cp, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said E SURA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea��e seal of f id�C�ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d byo er of the B� hectors of id corporation, and that they signed their names thereto by like order as PRESIDENT r1RETARY r " dive y, of theJ ' My Commission expires the 31stdz�riarch, 201�^ 7' .................................... ...........= 1 a PATRICIA A. LETSON i Fned) Notary PubitO-[B�2 of `J2 aj,. k Ap,n„, tR""npa, „ � . + is A. Lets on Notary Public ................No ...........E ..................... � This Power of Attorney is granted 4 iby authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAl� June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys) -in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony h�erre�of, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this dayofI1�_j�i� 1 ` PPOa� s z Secretary SEAL fr tf1994 'w' State of California County of On Before Me Personally Appeared NVme of Notary Public Name(s) of ,a Notary Public J'119"61u) Proved to me on the basis of satisfactory evidence To be the person(e) whose name( Pare. subscribed to the within instrument and ackno edged to me thaWve she executed the same in 1 authorized capacity(ies) and that by er / ' er signature(s)-on the K. A. EBY instrument the person(e)-;- or the entity upon behalf COMM. # 180W2 of which the person(A)Lacted, executed the instrument. NOTARY PUBLIC-CAL�O � ® RINERSIWCOIII I certify under PENALTY OF PERJURY under the laws of the tom. Expkw June 25,201 State of California that the foregoing paragraph is true and correct. WITNESS y hand and official s Notary Stamp Signature of Notary Pub c license Number Expires 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 our Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: !__I individual: Corporate Officer - Title(s): []Partner- Limited General E]Attorney-in-fact Trustee Guardian or conservator (Other: Number of Pages Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 Signer is Representing Western Insurance Company CONSENT OF SURETY TO FINAL PAYMENT PROJECT: City Yard Slope Repair Project, CC-1336 TO: BOND NUMBER: CTC00038 City of Huntington Beach 2000 Main Street, PO BOX 190 Huntington Beach, CA 92648 OWNER: City of Huntington Beach CONTRACTOR: B&T Works, Inc In accordance with the provisions of the Contract between the Obligee and the Contractor as indicated above, the Western Insurance Company, as Surety, on bond of B&T Works, Inc . as Contractor, hereby approves of the final payment to the Contractor, and agrees that the final payment. to the Contractor shall not relieve the Surety of any of its obligations to City of Huntington Beach as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 26Tn day of March , 2010. Western Insurance Company 4�" By: 0 ody4.paur, Attorney-In-Fac; WESTERN INSURANCE COMPANY POWER OF ATTORNEY 330689 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19°i day of June, 2006. WESTERN INSURANCE COMPANY AA POOgq � (Signed) By s SEAL President sr'r f1994 d' (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 191' day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C , with both of whom I am personally acquainted, who being by me severally duty sworn, said, that they, the said L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said WL E SURAN COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eac 4 e seal of td�c ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d by�or&-r" of the Bg-�� irectors off! d corporation, and that they signed their names thereto by like order as PRESIDENT t1RETARY, r " cave y, of the . My Commission expires the 31st dtarch, 201 ' �. PATRICIA A. LETS ! t ned) Notary "uto,c - State of Navy ,y - h1r�uia A. Letson Notary Public n.... N, O61OU33? _'xcues <t 3 -_Ji0 .....................................................: � This Power of Attorney is granted >} dy authority of the following. Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAt 19 June 14, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly -with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company- with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)- i n- Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and seated and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony ' hereof, I have hereunto set m hand and the seal of the WESTERN INSURANCE COMPANY on this day of_�. M. a4F Secretary SEAL a a- .Pf'f£tOONE+'p . CAUFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califo ' U SS. County of On X KW O Before Me Personally Appeared K. A EBY COMM. # 1W4042 z 2 NOTARY PUBLIC - CAuFORNIA m myRIVERSIDECou— y Comm. Expires June 25, 2012 Notary Stamp ,a Notary Public �x Proved to me on the basis of satisfactory evidence To be the person(4whose name( is / subscribe o the within instrument and ackn ,93gledged tome that 4a she executed the same i -iris her authorized capacity(ias) and that by lyNsA er1 signature(* on the instrument the person(&), or the entity upon behalf of which the person(4acted, executed the instrument. 1 certify under PPIALTY OF PERJURY under the laws of the State of Cal' mia th t the foregoing paragraph is true and correct. OPTIONAL U,2 U�D y.;) /` of Notary Publl License Number Explre 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 our Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Individual: ❑Corporate Officer -Titles) []Partner- MLimited Attorney -in -fact ❑Trustee Guardian or conservator Other: General Number of Pages Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 Signer is Representing RECEIVED BY: (Name) (Date) oe� TO: Shari Freidenrich, City 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. Approved 5� (Council Approval Date) (Company Name) /? /)- Agenda Item No. City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondlefter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C3 $ Ir- Lv a a r-- S. , C. FOR c I iY q p a+ D $ Lo p L Qc,.p (L C c. - 133 to TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 S. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 I]. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15, WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22, NOTICE OF THIRD PARTY CLAIM 15 23, DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25, DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28, STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38, SURVIVAL 20 39. MODIFICATION 20 40. SIGNATORIES 20 41, ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND (3 1 r w o m s, Xw c_, C i T-,` epeLo SFL..o p r- q C P f3 t iL C.c. — 0 3 6 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 Q f 7^ wo P-r— -VAC . , a California Coaeggwno,-,' , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," c-rrr YAe-To scppc 2�g� cc - t33 G more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or S/ugrec/surrnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/su fnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the " Notice inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surthet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the ternis 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 ooc� All) o o� Pair not to exceed ,Ea,1,1 t rs c ✓s.rr-�f yc v'p- G4-- Dollars ($ /5'2, 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 F, n r -- c vt_ nx c XAV to completion within 7 {' (l� consecutive p r".415 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. glagree/surrneUcilyconst 12.07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work 4vith 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 ,,a;ree/surlhet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, set -vices, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services perforrned 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, ,ragrcdwrfitct!citycnnst 12-07 7 of 22 the sum of 14"'' Da-Lo Dollars ($ ,S-DO , 0-0 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting /agreelswincticityconsl 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as -,/astne/surliiet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgement the findings warrant. g/agrce/surfneVciiyconst I2-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if' DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts, CITY`s final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15, WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the ;'agree/siulncGcityconsi 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnct/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19, WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. e/a,-rcC/surrncb'Ciryconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($I,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 ,/agree/surfrict/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CON'T'RACTOR'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 liereinabove 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/agrWsurl'nct/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, e scree/surf ct/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be perfonmed 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/Surinet/cityconst 13-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set orl' 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: t7u A.ut. . 4,✓ru► o Q-E 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: a f? Wv izu S . Tde. 2,3 ?aS CU &rrml" Su LT'e- 114--Is-f lU LL-DO CAML GA , (�2555'r 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/agreclsurfuL/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT Tlie 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/agrcOsurinct/citycatsi 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Califomia. 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/a—ce/surrnet/cityconst 12-07 20 Of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shalt 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 dxpiration or terminadon 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, gJagreOsuifhetkityconst 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on AU oils�20_% CONTRACTOR CITY OF 1-IUNTINGTON BEACI-1, a municipa Z ration of the State of California ayoi By: City Cler print name INITIATED AND APPROVED: ITS: (circle one) Chainna President/ ice President ALI iretrD of PublWorks By: REVIEW I�APPROVED: 6 b cr14r�1�-� �✓1:¢IU Pr ri e ITS: (circle on Secretar Chief Financial Officer/Asst. -Secretary - Treas g/aerec/surfnedcityconst 12-07 22 of 22 inistrator APPROVED AS TO FORM: City Attorney SECTION CX,�i �T PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: 0 64 A, LJ C-2.1 PROJECT BIDSCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Item: Esfil ' to item'watti: un�f::rice_::;::: ::::::.;::;.::::::" ; : < :::: ;: P < : Rteniied:: N.:' : Quantity;: �: : writtein En:�rroirds" I 1 L.S. Mobilization Dollars C) Cents Per L.S. 2 1 L.S. Clearing and Grubbing /�� P Z�G �2 �d� � � Dollars $ I� @ ii Cents Per L.S. 3 1 Traffic Control Plan (*�'o Traffic Engineer Stamp Required) �' L.S. @�� Lt�'GLS� Dollars Cents Per 4 1 Fumi t Traffic Control L.S. @ Dollars Cents Per L.S. 5 250 L.F. Install Temporary Chain Link Fence (H=6') [See Section 206-6] Dollars @ Cents Per L.F. 6 1 L.S. Erosion Control @ '�/�1� V PLDollars [� Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. ! Dollars $ 'J $ @ i is Cents Per L.F. 8 347 Remove V-GutteF (W='48") C�J f L.F. @ Dollars Cents Per L.F. 9 375 Remove Concrete Curb (CF=6'') AV �' $ L'� L.F. @ Dollars $ /, Cents Per L.F. C-2.2 PROJECT Bill SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Item '1st�inated: item: nth. pnEf p%�ce :.:: <: Ezt fid,6 No .. uanti . .. . ...---- ... >;Plt�ce>: . .. 10 170 Remove and Dispos f_Metal Street Light Conduit & Wiring L.F. @ Dollars Cents Per L.F. 11 786 Unclassified Exca ation C.Y. @.% Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ �i✓%" �� �`ijZ Dollars S '! " S 06 Cents Per TON 13 778 TON Construct Crushed ggregate Base Wedge (@ Toe of Slope) Dollars eu Cents Per TON 14 347 L.F. Construct V-Gutter (/W=36" �. Includes 6" Thick C.A.B. (See Section 303-5] @ '� Dollars $ O ram— S Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Pl j f V L.F. @ Dollars Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting ��/J� L.F. @ _ — t % _Dollars S Cents Per L.F. Furnish and Install Pull Box, 1-112" PVC Conduit & (3) #8 Street Light 17 1 Condu �yr��Wiiirr`es (Includes Connection to Existing Pull Box) y / L.S. @ Cents Per L.S. 18 1 EA. R & RStStreet ,Light Founda ton (L=36", W=36% D=42") r1l't /A/L, Dollars $( iJ . S �l1Uli @ l Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items ;;.... . <: :? Ezteri . 19 447 Install Mirafi 1 20N Geofabric ,A S.Y. @ _ %�'� Dollars $ _ S Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) S.F. @ Dollars d—"f �� Cents Per S.F. 21 498 Install Anti -Wash !(('eojute Netting 4_6 S.Y. @ Dollars Cents _ Per S.Y. 22 1 L.S. Construction @ ! t� L!�+"� ollars $ r- J/> S ` •`� Cents Per L.S. Additive Bid Items Item:.. No : Estiftund Q�ant�ty _: :.:`Item itli unit>price ivritfen trt:wnrds, <. Unit:ffice:.: Exfiended Aiiioiiiif: ; Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 L.F. Screening to Match Existing Wood Screening @. Dollars $ _ Cents Per L.F. A2 1 L.S. Construct 8" Water gVq��all�ve,��T�hrust//BB�lock &��I�A,p_pu� enances r0LdL H^'`!U �t (aB7ti ��� Dollars $ aVO . $ t DG�U @ Cents Per L.S. C-2.4 PROJECT Bill SCHEDULL City Yard Slope Repair, CC- 1336 Base Bid Items m Esated: ..ROW .... ........ .. .. .. . . ............ ..... ....... .. ......... 19 447 S.Y. Install Mirafj4Z�N Geofabric @ Dollars Cents Per S.Y. 20 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) G Dollars —Cents Per S.F. 21 498 S.Y. Install Anti-W h/GeojuteNetting @ 9 _/� Dollars $ �2116 'R" 'PtA_ Cents Per S.Y. 22 1 L.S. Construction urvev @ C' 1'��d-d Dollars S Cents Per L.S. Additive Bid Items .......... .......... ...... Construct New Chain Link Fence (H=6'), Includes Wooden Privacy 3 3" Al 250 e ninp to tch Existing, Aloy4 Screening Ve ni ng tchExistin, c. L.F. Dollars Cents Per L.F. A2 I Bloc#Apputinces Constrp)t 8" 'A�Iter Valve, Thrust Bloc L.S. � Dollars q MV11-L, I $/ se "loc-, `�7 Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 /1/k4r- (4 , being first duly sworn, deposes and says that he or she is D of + T WD✓ I(s f5/vL. 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. q3 ?�e,` 11 ",-; S, . //V.— S / Address of Bidder Subscribed and sworn to before me this day of , 20 K. A. EBY COMM. # 1804042 z NOTARY PUBLIC - CALIFORNIA� c+ RIVERSIDE COUNTY My Comm. Expires June 25, 2012 -- ------------MIRA NOTARY PUBLIC , f Jf���rt-• C-i NOTARY SEAL aka x State of C7;q/ County of On"74JJ'X%efore me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(sj whose name subscribed to the within instrument and cknowI dged to me th he slretthey-executed the same in is erfthrWauthorized capacity(ies} and that by Is,Aef4heiT signature(s)-un the instrument the person(s-, or the entity upon behalf of which the person(4acted, 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. K. A. EBY WITNESS inoffcia g :ems~o. COMM. # 1804042 Z Z NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 25, 2012 Signature of Notary Publi (Notary Sea 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) 0 Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain .verbiage exactly as appears.above in the notary section or a separate acknowledgment form must be . properly completed and attached to that document. The. only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may, be printed on such a document so long as. the, verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of.the signer). Please check the document carefully for proper notarial wording and attach this form 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 date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary_ public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. h€/she/t} 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 must match the signature on file with the office of the county clerk: Additional information is not. required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title ortype 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 vl2.10.07 800-873-9865 www.NotaryClasses.com 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 CITY YARD SLOPE REPAIR, CC-1336, (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: J -/ C-5 -y 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 \l 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. 0 ') Date: � ( 1 C-7 t (� Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: 7—�q— 6 1 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the t3%ork. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name g�rcql� 4",& ,,--d �4--<- Business Address ��i►1 G�a iQ r City, State Zip (�q)) T�--y "I � — Telephone Number State Contractor's License No. and Class J- 0ov Original Date Issued Expiration Date The work site was inspected byi �� (5I}rC4 of our office on 3 `" — a a- , 20 The following are persons, firms, and corporations having a principal interest in this proposal: c-) T 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. [(( ITG'L- L Comp Signature �¢f Bidder 1 Printed or Typed Signature Subscribed and sworn to before me this ay of �'`/ , 200OFK. A. EBY COMM. # 1804042 NOTARY PUBLIC - CALIFORNIAC �* RIVERSIDE COUNTY r My Comm. Expires June 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: Name and Address of Public Agency r Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency r�42 %v Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Ch / 7"4�S - Name and Address of Public Agency Name and Telephone No. of Project Manager: V fw.! � 5 1vb Contract Amount Type of Work C-10 1"q� a Date State of Californ' County of / On per: who proved to me on the basis of satisfactory evidence to be the person(&) whose nam i subscribed to the within instrument and acknowledged to me tha he executed the same i i authorized capacity(ies), and that b his/ ' signature(s) on the instrument the person(s), or the entity upon behalf of which the persoR(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. K. A. EBY WITNESS m nd off e L z NOTARY # 1804042 Y :�� z PUBLIC - CALIFORNIA-M RIVERSIDE COUNTY - My Comm. Expires June 25, 201lz A - Signature of Notary Pub c (Nota 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 exactly as appears above in the notary section or. a separate acknowledgment form must be properly completed and attached to that document. the. only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such -a document so long as the . verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form 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 date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary. public must print his or her name as it appears within his or her commission followed by a comma and then your: title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/the} is /aye) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is . not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If.the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008. Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Nun Company Name �) Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. MINUTES OF ACTION OF BOARD OF DIRECTORS OF B & T WORKS, INC. A CALIFORNIA CORPORATION The following action is taken by the Board of Directors of B & T Works, Inc. a Ca:ifor.iia Corporatien, by written consent, without a meeting as of Sehtein.ber 25, 2006, pursuant to Section 307(b ) of t:`le Caiifornia Corporations Code permitting such action to be taken. tl. ointment (,f Officers_ The following resonation For the a,);,oi,itment of officers of the corporatior is hereby adopted: 1:le Poll -Wins; ptrs-ii(s: 8:lar,, Plr,•t, cd to ser-re ire thr (oilo•vine 'Maces: President: Secretary: JLfeasurer: Vic,: '?residznt: Offic r: Officer: Ofti.;er: Giovanni Nan-i jiovznni Nanci iovalsni Nanci viuv:.nr i lN'!ancl until thei.- _ucoesscrs shall be auiy elected e. ,:ppoM((. , u.dess :.hey! nign, are removed thorn office C,: are odserwise disqualifie'� fi.im serv:I1J :'s an officer of 'ibis cori�or2tion, to take their respective office inimediateiy upor, sock election. ';fiscef.aneous Nathw izatiou. The followirg resc Jhltions a,-- l;r:rshy adopted: RESOLVED, (hat the appropriate officers and agents of this cori,oratior. and its coanscl be, ant'_ each of them hereby is, authorized, empowered and directed to take all such actions, .,xecute all sucli documents and pay all such fees, in the name ;or on behalf of the corporation, as may be. in the judgment of any of them be necessary or appropriate to carry out the intent and to accomplish the purposes of each of the foregoing resolutions. RESOLVED FURTHER, that any actions taken by such officers prior to the date of the foregair.g resolutions adopted hereby that are wiibin the authority ;onfert-0 thereby are hereby ratified. confirmed and approved as the acts and deeds of this porhorationt and becio/ne . pq(c of /he records of this corporation. By: / _ By: Names Aci -� lei Nanci Name: Title:! Dir —or j Title: By: _ By: — Name: _ Name: Title. irector Title: Jul 30 09 10:40a B & T Works, Inc 9516963749 P•1 B T WORKS, INC 23905 C'1,INTONK ITHRD. SUITE 114-331 ✓IfILD4AMIR. C.4 92595 PHONE: �U1-7.: -66]7 :, X. 951-696-3749 7-30-09 RE: CC A101336 CITYYARD SLOPE REPAIR ATT7V: JOHtVATHAN CLAUDIO To whom it may concern, It is to our knowledge we mistakenly submitted two of the same sheets of the proposal sheer C-2 4. The correct sheet should be the page where the alternate bid A -I reads unit cost 90.00 & A 2 reads unit cost of 14,000.00. The two base bids and units are exactly the same price on both sheets G2.4 and the additive bids were not considered in the awarding of the project, it is up -to the city engineer if they want use the additive bid. Please take this in consideration. Sincerely; C.E. O B&T Works, Inc. 0 TO: CC-1336 File CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FROM: Paul Whifely, Engineering Technician DATE: July 29, 2009 SUBJECT: Reference Check for CC-1336 B & T Works, Inc. A: City of Palm Springs B: City of Riverside C: Caltrans Dist. #8 State License No.784833 Name: Mike Lytar Name: Nick Eddy Name: Vu Nguyen Class: A, C12 Phone: 760 323-8253 Phone: 909 693-8510 Phone: 951 232-3784 Ext: 8734 (HR has No Record of QUESTIONS this person working for the city; 951-826-531 1) City Inspector, Vick Moore; 951-232-7139 1 Did contractor work well with your agency? Yes Yes Yes 2 Did they change personnel during the job? No No No Were there any problems with No (B&T was sub of 3 subcontractors or suppliers (stop notices)? No Traffic Signal No (B&T was a sub) Contractor Did general and subcontractors work 4 consistent) on the project? Yes Yes Yes 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Good Good / Fair Good Would you hire this general contractor 7 again? Yes Yes Yes 8 Are the contractors' and subcontractors' licenses current and verified with State Contractors License Bureau? Yes, (Contractor's licenses are current and active). 9 Are there any citations orjudgments on file against the contractor with the State r Contractor's Licensing Board? No � 3 �- ,i-= .� �' �� = - s "�-�-�_ fir• 10 Job was C&G / Job was C&G,` Job at City of Rialto Paving With Swale / sidewalk, &paving. for Drainage box, Surface grading. Total Cost $700,000 C&G, & sidewalk. Comments: Job: $105,221.25 B&T $150,000 (sub) Total Cost $480,000 2 CCO's (City CCO due to B&T $200,000 (sub)4 requested additional changed site total CCO's to work) conditions. General; 1 CCO for B&T Sub GAConstruction Contracts (CCs)\CC1336 City Yard Slope RepairWdvertisement\Contractor Reference Check CC-1336.doc BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS. Th tt wc, B&T Wok Inc- as Principal. hereinaller called the Principal. and the Western Insurance Com an at Temecula California , a corporation duly organized under the lawsofthe Slate of Nevada as Surety. hereinaltercalled the,Surety. are held and firmly bound unto CIn as Obligee, ticreinaller called the Ol li We, iir the start af• Ten Percent of Amount Bid [dollars (S 10% of Amount Bid ) , for the payment of which sum well and truly to be made, the saki Principal and the said Surety, bind ourselves. our heirs. czccutois, tidnitnt$(ritiCtt'5. SttCCCSaOrS And aSStLlLS, jointly acid seve rally, firmly by these presents: W1 iFAEAS, the Principal has submitted a bid for Ci Yard Slo a Re air. NOW.'b`HEREIFORE. if the Obligce shall accept the bid of the Principal slid the Principal shall enter into a Contract with the Obligee in accordaiace with the terms ol'such bid, and .give: such bond or bonds as may be specified in the bidding or Contract Documents wilh; ,nod and sufticicnl surety for the failltfitl performance ol•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 weh bond or bonds. if the Principal shall pay to (lie Obligee the difference not to exceed the penally hereof betwcen the amount specified in said bid and such larger anrount for which the Obligee may in gcxtd lisith contract with another part}' to perlortn the Work covered by said bid, then this obli:;atioti shall be null and void, otherwise to remain in full lin'ce and effect. Signed and scaled this clay Of' Jul 2009, (Seal) _ Principal _..wi btaav Title Witness West1drn Insurance Company By M ody L. Spaur Attcnntcy-in-fact State of Californi County of On 0` before me, personally appeared �. ,�/ ins name andtitleof the officer) �i����t-mil � • V ����Y�iC/ �— who proved to me on the basis of satisfactory evidence to be the persons} whose name(fidpar&subscribed to the within instrument and acknowledged to me tha"e s e executed the same in his6e uthorized capacity(igsa, and that by Otis e�keir signatureEo on the instrument the person(F4, 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. K. A. EBY WITNESS my ha and ficia a COMM. # 1804042 z Z �- NOTARY PUBLIC - CALIFORNIAC, RIVERSIDE COUNTY °''•nay Comm. Expires June 25, 2012 Signature of Notary Public (Notary Seal) 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) ❑ Attomey-in-Fact ❑ Trustee(s) �0 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed,in California must contain verbiage exactly as appears above in the notary sectionor a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California ei.e. certifying the authorized capacity of the 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 date that the signer(s) personally appeared which must also be the same date the acknowledgment,is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e. he/she/they,— 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 must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotatyClasses.com WESTERN INSURANCE COMPANY 24223 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the perfonnance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this t9"' day of June, 2006. WESTERN INSURANCE COMPANY AAN �i��oaeoa, (Signed) By A/U- - SEAL President "s lssa a r�IE OF N 0017 (Signed) By Secretary STATE OF NEVADA) SS. - COUNTY OF WASHOE ) On this 191h day of June, 2006, before me personally came DICK L. R MAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of sai K ny, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the s L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said T INSUgR't ME COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eat. ew the seal 11�1�ikorporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so of 1 by order of the I of Director aid corporation, and that they signed their names thereto by like order as PRESIDE CRETA Y; ectively, of ltipany. My Commission expires the 31 'gin March, 2 :�g L PATRICIA A. LETSONN,��Si ned) W,e�ap cia A. Letson Notary Public APlxxrnmn[R,reMs a r ry ,....•. Ho. O6-,9u7J cA V ran l,, �0,0 .......................... I..................... . This Power of Attorney is gran� a and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAN on June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in- Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony he eof, I have hereunto set n h d and the seal of the WESTERN INSURANCE COMPANY on this 15�-3 day of. NSN N P4N4, a Secretary SEAL 1994 'sr4 1EE4 dR 2099 JUL 28 PM 1: 52 CONTRACTOR'S CERTIFICATE i, , state and certify that: (Name of Declarant) 1. 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 120 (Signature of Declarant) APPROVED AS TO FORM By: �(��%a —11J 3• Zo•ot� 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: 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] P17 4�_ Title: [Type Title] 1 iF R �- n �.A OR 245911.1 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. S TO low .: M 0Ql �t CITY ATTORNEY -T LS o3 • ar6 • 01Q 247542.1 Bond No. CTC00038 Premium $3,821.00 KNOWALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated August 12 , 20_a, entered into a contract with B&T Works, Inc. 23905 Clinton Keith Rd., Ste. 114-351, Wildomar, CA 92595 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: City Yard Slope Repair (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and Western Insurance Company 43391 Business Park Dr., Ste. C-6 Temecula CA 92590 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Fifty -Two Thousand Eight Hundred Forty -Three Dollars and 75/100. Dollars ($_152,843.75 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, 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 277591 1 PERFORMANCE BOND Page 1 of 2 :• • � 111 S any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its.goveming 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: August 25, 2009 ATTEST B&T Works, Inc. (Corporate Seal) Prin 'pal IN By: Name: O Title: ATTEST Western Insurance Company (Corporate Seal) (Surety Name) By; Name: M od L S our, Attorney -in -Fact (Signatur6 of Attonyey-in-Fact for Surety) (Attach Attorney -in -Fact Certificate) (951) 296-6800 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH Byyennifer Mc ath sfl5fb� ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as atfomeyin•fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 WESTERN INSURANCE COMPANY 2r -, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalfof the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or Quaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19"' day of June, 2006. WESTERN INSURANCE COMPANY N5 RAy b Wo., o (Signed) By 8; SEAL ti President lssa Of N 1'O G _ (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 191h day of June, 2006, before me personally came DICK L. I INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C,I acquainted, who being by me severally duly sworn, said, that they, the sai p� respectively the PRESIDENT and the SECRETARY of the said WEB which executed the foregoing Power of Attorney, that they ea e seal of of Attorney was such corporate seal, that it was so affix b�oraer of the B� l"4 their names thereto by like order as PRESIDENT TARY r c el; My Commission expires the 31st �l arch, 201 M. PATRICIA A. LETSON NOIBfy Piiblif,-Sl t �fN-P}�.y��C Atgx�Mrmnt Aarrc1.dinW 71xe iTT IAN, PRESIDENT of the WESTERN q, with both of whom I am personally ROTTMAN and CAROL B. INGALLS were RAN0i COMPANY, the corporation described in 'ANY-oration; that the seal affixed to said Power ration; o id corporation, and that they signed of the Cc­i* A. Letson Notary Public n...•. Ne OF 10.333 e,wre I20ID ....................................................... i. This Power of Attorney is grantedyV�VM by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE NsNon June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006, and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony W reof, t h v hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this —day of ,a P Owe POR,, Secretary.- SEAL < Y R 1994 ! 8lrf OF 0E�lp , State of Califami County of On before me, personally appeared Here ms namJA&&'4. e andtitleof the officer) /_ - who proved to me on the basis of satisfactory evidence to be the person4) whose name ) aye -subscribed to the within instrument and acknowledged to me that- s e . executed the same in er ' uthorized capacity(, and that by er signature(-4 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. K. A. EBY WITNESS my hand nd o Ic' Ise COMM. # 1804042 z NOTARY PUBLIC : CALIFORNIA� RIVERSIDE COUNTY (Notary Seal) ~♦My Comm. Expires June 25.2012 Signature ofNotary Pi lic ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form mustbe properly 'completed and attached to that document. -7he only exception is if a document is to be recorded outside of California. In such, instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as: the verbiage does riot require the notary to do something that Is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of _attached document continued) 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 Number of Pages Document Date signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also.be,the same date the acknowledgmenf;is completed (Additional information) 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(() of document . signer(s) who personally appear. at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the. correct singular or plural forms by crossing off incorrect forms (i.e. 11 ITICIIVICItla1 (S) he/she/they -. is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ COrPOIate OffCeI' • .The notaryse . alL impression must be clear and phofographicaliy reproducible. Impression must not cover text or lines. If seal; impression smudges, re -seal -if a (Title) sufficient area permits, otherwise complete a diI. fferent acknowledgment form: ❑ Partriei(s) • Signature of the notary, public must match the signature on file with the office.of the county clerk. ❑ Attorney-lri-Fact Additional information is not required but could help to ensure this ElTrustee(S) acknowledgment is not misused or attached to a different document. '❑ Other v 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). e Securely.attach this document to the signed document 2008 Version.CAPA V12.10.07 800-873-9865 . www.NotaryClasses.com Bond No. CTC00038 Premium is included in Performance Bond KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to B&T Works, Inc. 23905 Clinton Keith Rd., Ste. 114-351, Wildomar, CA 92595 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: City Yard Slope Repair (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Western Insurance Company 43391 Business Park Dr., Ste. C-6, Temecula, CA 92590 (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 -Two Thousand, Eight Hundred Forty -Three Dollars and 75/100. dollars, ($ 152,843.75 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, Impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No. CTC00038 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 25, 2009 ATTEST B&T Works, Inc. (Corporate Seal) Princi aE Name) By: _ Name:_ /vain Its: i-' r (2 ATTEST Western Insurance Company (Corporate Seal) (Surety Name) By:464 (e, Name: Mflody LL S aur, Attorney -in -Fact (signature -of Attorney -in -Fact for Surety) ( 951 ) 296-6800 (Attach Attorney -In -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as ettomey-in-fact must be attached 2775B9.1 PAYMENT BOND Page 2 of 2 WESTERN INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby. John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE- COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19"' day of June, 2006- WESTERN INSURANCE COMPANY MS P*N b i_ OP10H" (Signed) By `rs O — 2; SEAL President 1994 ool sr'rE Oi »Ev�p (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19"' day of June, 2006, before me personally came DICK L. INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said acquainted, who being by me severally duly sworn, said, that they, the sai respectively the PRESIDENT and the SECRETARY of the said WE which executed the foregoing Power of Attorney, that they eaCT e seal c of Attorney was such corporate seal, that it was so affix bLor er of the B their names thereto by like order as PRESIDENT TARY rac� My Commission expires the 31st,tlat arch, 2010\ PATH IC[AA. LETSON Notary R1b1iC, - Slflte of N c � ary.�mPrr ax.�men inw OTT AN, PRESIDENT of the WESTERN IAp tROwith both of whom I am personally 1L. TTMAN and CAROL B. INGALLS were URAN COMPANY, the corporation described in ration; that the seal affixed to said Power ierectors oQvid corporation, and that they signed of th�0 10 lilw) a . A. Letson Notary Public ...e' No'OF 104A33' FxoiieM W, ) This Power of Attomev is grante`dtd by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANI on June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations_ The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. �^ In Testimony hereof 1 havo hereunto set my hand d the seal of the WESTERN INSURANCE COMPAN'Y.ori this day of el. SA Py, 4WOO,�, oor Secretary_. SEAL . mr 1994 o� CIE Of Ikk State of Californi County of On 11ff��� before me, personally appeared Here ins name and title of the off /- . Ur)01?& Im who proved to me on the basis of satisfactory evidence to be the person4whose name(e are -subscribed to the within instrument and acknowledged to me that -lie s e executed the same in hisoe uthorized capacity(i@g4, and that by #is er ' signature(4 on the instrument the person4s3, 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. K. A. EBY WITNESS my hand d off 1 e is comm. # 1804042 z Z NOTARY PUBLIC = CALIFORNIA9 RIVERSIDE COUNTY My Comm: Expires June 25, 2012 Signature of Notaryc (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS. FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly. as DESCRIPTION OF THE ATTACHED: DOCUMENT appears :above in the notary section or a separate acknowledgment form must be properly completed and attached to ,that document. The only exception is if a document is to be recorded outside of California. In such instances,. any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as . the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certijying the authorized: capacity of,the signer). Please check the (Title or description of attached documentcontinued) document carefully for proper notarial wording and attach this form f required. Number of Pages Document Date • State and County information: must be the State and County where.the document signer(&) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)'personallyappeared which must also be the same date the acknowledgmeii6s completed. — (Additional information) The notarypublic 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. CAPACITY CLAIMED BY THE SIGNER • Indicate: the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (S� he/she/that';- is /are;) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. El Corporate Officer • 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 (Title) sufficient area permits; otherwise complete a different acknowledgment form: El Partner(s), • Signature of the notary public must match the'signatgre on file with the office of the county clerk. ElAttorney-in-Fact Additional. information is not required but , could help to ensure this ElTrustee(s) acknowledgment is not misused or attached to:a d4f6rentdocurnent. 'E Other Indicate title or type :of attached document; number of pages'and date. Indicate the, capacity. claimed by the signer. If the claimed capacity is a corporate officer; indicate the: title (i.e:.CEO; CFO, Secretary). • Securely,attach`this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.Notaiyclasses.com Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information WESTERN INSURANCE COMPANY P.O. BOX 21030 RENO, NV 89515 Old Company Names Effective Date back to top Agent For Service SARGE KLIMOW 8300 UTICA AVENUE SUITE 193 RANCHO CUCAMONGA CA 91730 back to top Reference Information NAIC #: 10008 --� California Company ID #: 4750-6 Date Authorized in California: [09/20/2002 License Status: UNLIMITED -NORMAL Company Type: — Property & Casualty State of Domicile: NEVADA back to top NAIC Group List NAIC Group #: 4641 D & 3 Rottman Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance http://interactive.web.insurance. ca. gov/companyprofile/companyptofile?event=companyPr... 9/30/2009 RECEIVED BY: (Name) (Date) 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 FROM: G 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. ��r Guarantee and Warranty Bond No. Re: Tract No. CC No. n MSC No. Approved f//�,—Xo ( ouncil Approval ate) (Company Name) �7-C �D 3� 67-r- 0®03U Agenda Item No City Clerk Vault No. T�- #27 g1followup/bondletter.doc OP ID BMH AooRD CERTIFICATE-®F LIABILITY INSURANCE B&TWO-1 DATE (MM/DD/YYYY) 09/02/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cornerstone Surety & Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Temecula HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 43391 Business Park Dr Ste C-6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Temecula CA 92590 Phone: 951-296-6800 Fax:951-296-6808 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: United Specialty INSURER B: Progressive 24260 B & T Works, Inc Gio Nanci INSURER C: American International Company 23905 Clinton Keith Rd 114-351 Wildomar CA 92595 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIRLTR INS ' POLICY NUMBER DATE (MM DD/YY)E PDATE (MM/DD/YY)N� LIMITS LTR INSRd TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Cl OCCUR FEC61000727 08/15/09 08/15/10 pPR MSES(Eaoccuence) $ 50000 MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 X BI/PD Ded $2500 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2000000 POLICY JET �I LOC B AUTOMOBILE LIABILITY ANY AUTO 053487780 03/24/09 09/24/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X X Comp $1000 PROPERTY DAMAGE (Per accident) $ X Collision $1000 lGARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITYLj EACH OCCURRENCE $ OCCUR CLAIMS MADE J� lFEri ivl �AAT A GH'C A eV t! AGGREGATE $DEDUCTIBLE RETENTION $ /✓�fL/ ,� ( K $ Is C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC1290806 07/31/09 07/31/10 T - X TOW LIMITS ER _ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 — E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER A Equipment Floater 04-IM001073 12/19/08 12/19/09 NHLoader 38,895.00 L&R Equip 50,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Huntingotn Beach, their agents, officers and employees are named as additional insured regarding general liability per attached endorsement. *Except non pay then 10 days xxx CERTIFICATE HOLDER CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL-E*DSAV9R-78MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main St AUTHORIZIDPRESFlyrAT , Huntington Beach CA 92648 ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICYNUMBM' FEC61000727 COMMERCIAL GSM512AI, LIABILITY IL 12 01 11 86 THIS CNDORSEPAENT CHANGES THE POLiCY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Numher POLICY NUMBER POLICY CHANGES COMPANY JrFFECTiV6 United Specialty Insurance Company FEC61000727 08115/2009 NAMED INSURED AUTHORIZED REPRESENTATIVE B&T Works, Inc. COVERAGEPARTS AFFECTED: Commercial General Liability Primary Insurance 1 Excess & Eton -Contributory Wording This endorsement modifies insurance provided under the following: The Additional Insured Endorsement — BLANKET ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (CG2033 07/04) is amended to included the following: C: Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only If required of the Named Insured by an "insured contract". IMG 4004 01108 Page 4 of 9 Revised 4-28-08 POLICYNUmmm FEC61000727 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHAh SIM THE POLICY. PLEASE RUAD IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR. CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to Include as an additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization Is an additional insured only With respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance ofyour ongaing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply. This insurance does not apply to: 4. 1113odily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional arohitectural, engineering or surveying services, including: a. The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, Held orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering aotnrilies. 2, "Bodily injury" or "property damage" occurring after. a. All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or b. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project, "The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers CO 20 33 07 04 0180 Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations The City of Huntington Beach, its officers, elected or For Commercial Work Only appointed officials, employees, agents and volunteers j Information required to complete this Schedule, if not shown above, will be shown In the Declarations. I Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, In whole or In part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products - completed operations hazard". CG 20 37 07 04 Page 1 of 1 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 15, 2009 B & T Works, Inc. 23905 Clinton Keith Rd. #114-351 Wildomar, CA 92595 Re: City Yard Slope Repair — CC-1336 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, n L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister CNN?vNh�d,sjarr'?fVWJT1Wk8?& New Zealand ( Telephone: 714-536-5227 ) 7—, Council/Agency Meeting Held: 00 Deferred/Continued to: pro�ed on i o ally rove ❑ Denied City er nature (Z Council Meeting Date: 8/17/2009 V Department ID Number: PW 09-42 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU41 , MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR dF PUBL WORKS 4/ SUBJECT: Award Construction Contract for City Yard Slope Repair, CC-1336 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 28, 2009, bids were opened for the City Yard Slope Repair, CC-1336. City Council action is requested to award the construction contract to B&T Works, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $250,000 are available in the Infrastructure Fund, City Yard Improvements Fund, Account No. 31487002.82000. Recommended Action: Motion to: 1. Approve the plans and specifications for the City Yard Slope Repair, CC-1336; 2. Accept the lowest responsive and responsible base bid submitted by B&T Works, Inc. in the amount of $152,843.75; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Accept the lowest responsive and responsible bid, including additive bid item numbers Al and A2, submitted by B&T Works, Inc. in the amount of $189,343.75; or reject all bids and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/17/2009 DEPARTMENT ID NUMBER: PW 09-42 Analysis: A portion of the existing slope along the north side of the City Maintenance Yard located at 17371 Gothard Street has experienced a surficial slope failure. There is an existing block wall near the bottom of the slope which separates the City Yard from the adjacent mobile home park to the north. A geotechnical investigation has determined that the slope failure is due to the weak underlying soils in the area. The project will reconstruct, and geotechnically stabilize an approximately 200 feet long by 10 feet high portion of the most critical area of the slope minimizing the potential for future slope failure. The scope of work consists primarily of clearing, grubbing, excavation, grading, installation of slope reinforcement materials, and construction of a crushed aggregate base wedge along the toe of the slope. The installation of a new chain link fence and a water valve with appurtenances were advertised as additive bid items. The unit prices submitted for the additive bid items, however, were higher than anticipated. Therefore, staff recommends that the additive bid items be constructed using City contract forces. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on July 28, 2009. The verified bid amounts are listed below: Bidding Contractor Base Bid Amount Submitted Base Bid Amount Corrected 1. B&T Works, Inc. $152,843.75 2. Sim Engineering, Inc. $161,597.00 3. Garcia Juarez Const. $174,070.00 4. LT Engineering $213,710.00 $191,960.00 5. Elite Bobcat Service $193,496.00 6. Terra Pave $196,578.00 7. Cal Fran Engineering, Inc. $199,802.00 8. UST Development, Inc. $202,141.75 9. Excavating Engineers, Inc. $238,083.00 $220,137.00 10. Hillcrest Contracting, Inc. $228,500.00 11. MG Enterprises, Inc. $176,972.00 $234,472.00 12. Kormx Inc. $254,865.00 $237,865.00 13. Bali Construction, Inc. $238,860.00 14. Grand Pacific Contractors $253,026.50 15. Act 1 Construction, Inc. $263,747.00 16. Earth Construction & Mining $171,937.05 $1,415,474.55 17. TLM Petro Labor Force, Inc. $219,029.16 $48,927,854.16 The reference check for B&T Works, Inc. provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract to B&T Works, Inc., in the amount of $152,843.75. The total estimated project cost is $215,000 which includes the construction contract, project management, 10% contingencies, and 5% supplementals. -2- 8/4/2009 1:41 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 8/17/2009 DEPARTMENT I® NUMBER: PW 09-42 Public Works Commission Action: The Public Works Commission reviewed and recommended the project on May 20, 2009 with a vote of 5-0-2 (Kirkorn, Rivera absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project has a Statutory Exemption pursuant to State Code Number 15269(b)(c) of CEQA. Attachment(s): -3- 7/30/2009 3:01 PM ATTACHMENT #1 o PROJECT AREA BOLSA AVE. Ne A AVE. x ' v EDINGER AVE. / N =HEIL9 AVE. / k WARNER A V E t�i 9 rc WARNER $ AVE. \ VV) 0 SLA R °d 405 CANIS LAIN R' PROJECT AREA DR' T ERT AVE. 3 PACIFlC q R, $ TUCANA ' DR. W 7 D 5 AVE. . �i BEIfY DRIVE GARFlEU) AVE. _ W V YORKTOWN �/+ AVE.YARD 3 ZS ZS 6 DON C = FORD DRIVE 17377 GOTHARD ST. S ADAMS AVE. FORD w • o NIUROD DR, SUNBREEZ / IND US 0 AVE. o TLANTA Z AVE. = Z m SLATER AVE N FIAMI TON AVE OCEAN BANN N \ _� VICINITY MAP N.T.S. LOCATION MAP N.T.S. CITY YARD SLOPE REPAIR, CC-1336 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ®A.A iff 1 OF 1 INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for City Yard Slope Repair, CC-1336 COUNCIL MEETING DATE: August 17, 2009 -RCAATTAPHIMENTS, STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached t Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached Not Applicable R EXPLANATION; FOR ;MISSING.ATI'ACFiIyiENTS REVIEWED �.�s��y � RE, U E® `; ImOR D:ED Administrative Staff Deputy City Administrator (Initial) n ( ) ( ) City Administrator (initial) City Clerk EXPLANATION FOR RETURN OF`I'TEI�lI: RCA Author: J.Claudio:jg I 1 NOR JUL 128 00 � 10 ' I 18z Fir BE I I I CITY YARD SLOPE REPAIR C.C. NO. 1336 BID OPENING DATE: DULY 28,2009 TIME: 2:00 PM ENGINEER'S ESTIMATE: $198,627 4:1 BIDS SUBMITTED (AS READ AT OPENING) co ....... ...... .......... ... .... ;:::APPAR I Act I Construction, Inc. -7 2 B&T General Engineering Works 3 Bali Construction, Inc. c 4 Cal Fran Engineering, Inc. 5 EBS Inc. 6 ECM General Engineering �k 5 7 Excavating Engineers, Inc. 8 Excel Paving Co. 9 Garcia Juarez Construction '7 '1 0 10 Grand Pacific Contractors, Inc. 0 11 Hillcrest Contracting 1-2,— (-4) L-5—o 0 12 Kormx Inc. 13 Los Angeles Signal Construction 14 LT Engineering 1 `5 15 MG Enterprises o, 16 Sim Engineering `1 -7 17 Ted Company 18 Terra Pave, Inc. —7 19 Tim Petro Labor Force, Inc. 20 02- t q I 21 22 Bid Results CC-1336 F01 0 a CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. FIVnn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: July 2, 2009 Project/C.C. No.: C.C. No. 1336 Regarding: City Yard Slope Repair ❑ We are sending you: ❑ By Mail ❑ By Fax Mail (Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item# I Copies, J.-Pages, Descri ;tion.._=, 1 1 1 Notice Inviting Sealed Bids for City Yard Sloe Repair, CC-1336 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 2008-54 (adopted on September 2, 2008), the City Council authorized the advertisement of the above listed street improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 7/9/09, 7/16/09 & 7/23/09. The bid opening is scheduled for Tuesday, .duly 28, 2009. Please contact me at 374-5380 with any questions you may have regarding this. By: Jonathan Claudio, Senior Civil Engineer c: file GACONSTRUCTION CONTRACTS (CCS)\CC 1336 CITY YARD SLOPE REPAIR\ADVERTISEMENT\NISB TRANSMITAL TO CLERK-CC-1336.DOC NOTICE INVITING SEALED BIDS for CC-I336 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on July 28, 2009, at which time bids will be opened publicly and read aloud in the Council Chambers for the CITY YARD SLOPE REPAIR, CC-1336 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting July 13, 2009 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $50.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 2nd day of September 2008, by Resolution No. 2008-54. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Notice Inviting Sealed Bids -City Clerk, CC-1336 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): July 9, 16, 23, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 24, 2009 at Costa Mesa, California F Signat r r NOTICE INVITING SEALED BIDS for CC-1336 Notice is hereby!giveh ' that sealed- bids will be received by the' City of Huntington Beach.at the i office of the City, Clerk at City Hall, 2000 Main,. Street,Huntington Beach,., CA 92648;' until the hour of,2:00 PM on July 28, 2009, at which' time bids will be opened publicly and read aloud in the Council Chambers 'for the CITY YARD ,SLOPE REPAIR,' CC- 1336 in the City of Huntington Beach. A."set of plans;' specifications, and con-",, tract documents may be `: obtained starting " July '; 13, 2009 at City Hall, Department of Public Works upon receipt of a non-refundable' fee of , $30.00„ sales tax in - eluded,' if picked up or $50.00,if mailed (bid. der shall .pay. additional costs for special deliv- erEach' .bid shall be 'made on the Proposal Form , provided in the ;contract, documents, , ;and shall' be accompa- nied by a certified or cashier's check or a bid bond. for not ,less ,titan 10% of the amount,.of x ,the bid, made payable •' to the City of Hunting- ton Beach. The Contrac-a ,tor 'shall, in the per formance of the work: and improvements, con- form to the Labor'Code; Hof the State of Califor nia and other Caws of, the' State of California; ,applicable thereto, with the, exception only of , such variations that! may be required under', ,the special statutes pur-g 'suant to which proceed- ings hereunder are tak- en and which have not! ;been superseded -by the; provisions of the :Labor . Code. Preference to la -I bor shall be, given only in the manner provided, bylaw. No -bid shall be co nsld-' ered unless it is made on a form' furnished by the City of Huntington i Beach,, Department, of`` Public Works, and. is!! made in accordance with the provisions, of,: the proposali� requirements. - Each bidder ,must' be j licensed and also prequalified as required bylaw. The City Council of,the a City of Huntington; Beach reserves the right,,; to reject any or all bids...s By order of, the City ^; C0uncil'of,"the . City of,; Huntington 'Beach, Cali-,t fornia the 2nd :day, of,; September 2008, by,, Resolution No. 2008-54. Joan L..Flynn n City Clerk of the City of Huntington Beach '• . 2000 Main`Street. w S (714) 536-5431 Published Huntington a' !'Beach Independent JulyYi 9, 16;.23, 2009 , 072-824 -� C Huntington Beach Independent has been adjudged a newspaper of general ICE TING N�TAUDBIDS $f circulation in Huntington Beach and Orange County by Decree of the Superior ' for for Court of Orange County, State of California, under date of Aug. 24, 1994, case , CC-1336 _ A50479. Notice is hereby iven ,that sealed, bids will be ;received • by the City of ' yurb rAOOF ®F Huntington Beach at the' .office of the City Clerk gat City. Hall, 2000 Main 'Street, Huntington �y PUBLICATION Beach, CA ' until �.J 1� the hour of 2:00 P�II' oh 09, at) July 28, 2009, at which' :time bids will be -opened ,publicly and read 'aloud STATE OCALIFORNIA)A in,theunha Council Cmbers for the CITY YARD "SLOPE REPAIR, CC-, � 1336 ,in the " City of .Huntington Beach. SS. ; A set', of plans; COUNT®Uj®T�+�T ®� ORANGE Y 1� ;specifications, and-conybe ;tract documentsmayJ obtained ;starting July ly ;13, -2009 at City:Hall, I am the Citizen of the United States and Department of Public a resident of the County aforesaid; I am over .nr-ref.ndableCefeeofof is30,00, sales 'tax in- ' the age of eighteen years, and not a party 1$50:00 'der eluded, if picked up 2or if mailed, (bid - shall, additional. 0 or interested in the below entitled matter. pay, ,costs for special deliv- am a principal clerk of the HUNTING T ON ery). hesProlpo alr- BEACH INDEPENDENT, made -on -the Form provided a is a newspaper of ;contract documents,,,,, general circulation, printed and published in and shall be certified or by a certified or the City of Huntington Beach, County of .cashier's nied .,; check s ahiri; bond' for not less than r, Orange, State of California and the 10%' of the amount of >' attached Notice is a true and complete copy the bid, made payable ., to the city of Hunting- ; ton Beach. The Contrac-' as was printed and published on the for shallformance ante of f the' per .the work.. .. following dates and improvements,. con-, �' form to the Labor Codes, of-the'State of Califor, , nia and. other Laws of , the State of California,, applicable thereto, with,, the exception only of -I such variations .that , may be .required under , the special statutes pur-„ suant to which proceed-r, July 9, 16, 23, 2009 lings hereunder are tak- , and which have not - by the;'; ! be en superseded j provisions of the Labor ; Code. Preference to la- ? ' bor shall be.'given' only ,in the manner provided p by law. No bid shall be consid- ered unless it is made on a, form furnished- by" City 'of Huntington'` ,the Department' of Beach, 'f declare, under penalty of perjury that the 'Public works, and, e- �made`'in accordance." foregoing is true and correct. with, the provisions of ; t h e p r o p o s'a I, ;requirements.. , Each bidder must* be, licensed and alsol prequalified as required I Executed on July 24, 2009 ;bylaw. The,City Council of theny at Costa Mesa, California 'City 'of Huntingto_ Beach,ieserves the right, ,to reject any or all bids. By order 'of the 'City+ Council of the City of ? ;Huntington Beach, Cali-j; ;fornia the 2nd day 'ofI September , 2008, by J R '. Resolution No. 2008-54.Joan Slgnatu L. nn City Clerk of the City of Huntington Beach n 2000 Main Street. a (714) 536-5431 4 Published Huntington Beach Independent Julyl 9, 16, 23, 2009 072-824=y Unsuccessful Bids CC-1336 City Yard Slope Repair CITY OF HUNTINGTON BEACH CITY YARD SLOPE REPAIR C.C. NO. 1336 BID OPENING DATE: JULY 28,2009 TIME: 2:00 PM ENGINEER'S ESTIMATE: $198,627 BID RESULTS (FINAL) .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . .......... ................. ................ ........... ..........DD ............ .......... ................ ............ ................ ........................... .................... .......... .............. ........... .......... .......... .......... . . . . . . . . . . . . . . . . . . . ...... ......... .. . E..:.B Di�! ..... .::::.A MQVNT 1.4 ...... ............ .... ....... V ..... .... ........ .......... ........ �.. � �� ... . . . . . . . . . .. . . . !��A ..... TEP.NAT:E:::::::: . ........ .. ... ....... ... .... ........ ......... . . . . . . . . . ......... . . ....... . ...... I I.- ............. B&T Works, Inc. 1 $ 152,843.75 $ 36,500.00 $ 189,343.75 Sim Engineering 2 $ 161,597.00 $ 23,000.00 $ 184,597.00 Garcia Juarez Construction 3 $ 174,070.00 $ 13,000.00 $ 187,070.00 LT Engineering 4 $ 191,960.00 $ 21,750.00 $ 213,710.00 EBS Inc. 5 $ 193,496.00 $ 23,750.00 $ 217,246.00 Terra Pave, Inc. 6 $ 196,578.00 $ 20,750.00 $ 217,328.00 Cal Fran Engineering, Inc. 7 $ 199,802.00 $ 14,750.00 $ 214,552.00 UST Development, Inc. 8 $ 202,141.75 $ 9,000-00 $ 211,141.75 Excavating Engineers, Inc. 9 $ 220,137.00 $ 17,000.00 $ 237,137.00 Hillcrest Contracting 10 $ 228,500.00 $ 15,600.00 $ 244,100.00 MG Enterprises 11 $ 234,472.00 $ 18,750.00 $ 253,222.00 Kormx Inc. 12 $ 237,865.00 $ 17,000.00 $ 254,865.00 Bali Construction, Inc. 13 $ 238,860.00 $ 23,750.00 $ 262,610.00 Grand Pacific Contractors, Inc. 14 $ 253,026.50 $ 25,125.00 $ 278,151.50 Act 1 Construction, Inc. 15 $ 263,747.00 $ 22,000.00 $ 285,747.00 ECM General Engineering 16 $ 1,415,474.55 $ 22,250.00 $ 1,437,724.55 Tim Petro Labor Force, Inc. 17 $ 48,927,854.16 $ 18,000.00 $ 48,945,854.16 1 Bid Results CC-1336 CITY OF HUNTINGTON BEACH CITY YARD SLOPE REPAIR C.C. NO. 1336 BID OPENING DATE: JULY 28,2009 TIME: 2:00 PM ENGINEER'S ESTIMATE: $198,627 BIDS SUBMITTED (AS READ AT OPENING) ............... .......... .......... ... ...... .... ............... A —:N 14. .......... .. ..... RENT:: IMA NT:': 1 Act 1 Construction, Inc. /7 -/'Y'7 2 B&T General Engineering Works 3 Bali Construction, Inc. 4 Cal Fran Engineering, Inc. RvO 2, 5 EBS Inc. 6 ECM General Engineering ? ? 7 7 Excavating Engineers, Inc. /3 8 Excel Paving Co. 9 Garcia Juarez Construction 10 Grand Pacific Contractors, Inc. df 2 S-7 .0245 11 Hillcrest Contracting 12 Kormx Inc. Ire 13 Los Angeles Signal Construction 14 LT Engineering 15 MG Enterprises /A7 16' Sim Engineering 17 Ted Company 18 Terra Pave, Inc. 19 Tim Petro Labor Force, Inc. � '47 20 21 22 Bid Results CC-1336 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 Act 1 Construction, Inc. 2197 Corona Avenue Norco, CA 92860 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, ' jj Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister New Zealand (Telephone: 714-536-5227 P 2009 JUL 28 FBI 1: 31 SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. if this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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. Gi If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find bd&5 L n the amount of $ j. P0ba1V_ 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 BiriW6 M nature LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion] of Work Name and Address. of Subcontractor. State License Number Class. _ va�Ile M16 1 (s � e 120 a 1) sary ax 3 -Tnc � �01 e5 r 1 dn(l C. Cn N c S �03 SO(W Y ; ( �;P,Sn�G�gl$,L �c 3 c i H fomc 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 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: �r�.r�� �f��.► �e yen ��� li�zr� T �� C' ��� C-2.1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange ( -ry--fl)hL)( nq , being first duly sworn, deposes and says that he or she is of A(� �,1 F pn the parry making the foregoing bid that the bid is not made in the interest of, or on the beh 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. jp�l Name of Bidder � 6 Signature of Bidder L� (f)MYIUL Address of Bidder Subscribed and sworn to before me this =2 5 day of uk - , 206. NOTARY PUBLIC NOTARY SEAL C4 (:C3nL0r- n0"oDLa'9U ,GNU �'JwG V m, L%a3 VV, 0 am V 2WMTF_�i�nq t�ZSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if arty) State of California County of t Ye is I CA Q Subscribed and sworn to (or affirmed) before me on this 2g day of -6 , 2002[, by Date onth Year M `iJ016 e e Y\ `-moo,\ T^i�eiribb Name of Signer proved to me on the basis of satisfactory evidence {c to be the person who eared before me ) R�iCHA TANDON P PP (•) (_ Vo Commission # 1767194 -� Notary Public - California (and _ : ' Riverside County (2) 11, 2011 ' fViyCOrr1r11. �IreS� Name of Signer proved to me on the basis of satisfactory evidence to be the person who appearedjefore me.) Signature Y--" , \� T) Cn Signature of Notary Public Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent o o fraudulent removal and reattachment of this form to another document. Top of thumb here i Top of thumb here Further Description of Any (Attached Documen{t� (� Title or Type of Document: N0i3i `O� l (,)� 1t- [-i�l i G���t Document Date: 1 ' 2 1 Number of Pages. Signer(s) Other Than Named Above: va . �`.:K=<i=��.�:,Lq;'_".ram, .-•,�-1.;',=.;•,5+=.;L-��"'_,�. %C_;C:.c;; -".--.C:_:iiJ,}.=5;"C��;"._.�,_<�:=F;jen�JS�l•.1�tiF;,`�;;'�.<,•�'.�-c<.;`=�iu `��•__'<,'�'F., �,; =S�:F ©2007National Notary Association -9350DeSoto Ave.,P.O.Box 2402-Chatsworth, CA91313-2402-www.Nationa]Notaryorg Item;#5910 Reorder. Call Toll -Free 1 -800-876-6827 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items tfl:. 51 1 At@ G' 2: 3't i1>itlltf: lli1CC:-:::::::}::::.?:.:.:.:.:.:.:.:..:.:..:.:.:.:. 7.. .. ::i�r:: ua>iiti �1 u d ::Vjdt:.t1$::: :- 1 i Mobilization � L.S. @ �� 1 L $ $1 Cents Per L.S. 2 1 Clearing and Grubbing L.S. @,3 l � le t%x%.15" Dollars $� r)o Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp L.S. _Required) as �'lt 4/y ,Dollars $ $ �� Cents Per L.S. 4 1 Furnish Project Traffic L.S. @ ! c.��i f' 1. ��—' Dollars Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6' [See Section 206-6] L.F. . @ n K Cents Per L.F. 6 1 Erosi n Control L.S. (u;1 1.4� Dollars Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6), Posts, and Footing L.F. @_ Dollars $ $ Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ e- IQ Dollars J Cents Per L.F. 9 375 RemoveConcreteCurb (CF=6") $ $ L.F. @ Tt `Sf- Dollars 'f C.A-M Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items ...................... .......... ...... ................ ............................. . .. . ................... . E .......... ........... ............. w.......... 10 170 L.F. Remove fqd Dispose of Metal Street Light Conduit & Wiring Dollars *4**ftftftbhftk $ @ -,mrx--e. f')G Cents I Per L.F. 11 786 C.Y. Unclassified Excav on Sei en Dollars Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=I.OW, Type III-0 PO 64-10) TON @ e A, Qbt\—, Dollars $ Ho Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON Dollars $ $ LipO� Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. (See Section 303-5] L.F. P jPN Dollars $ $ b6 Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF--6"), Includes Curb 15 200 L.F. Paintinee Detail on Plan] @Q Dollars $ noCents Per L.F. 16 175 L.F. Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting @ Dollars fy j Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pu I Box) aollars L.S. Rkle Q �QLL Q's-Ou Cents Per L.S. 18 I R & R Street Light Foundation (L--36", W=36", D--42") A EA. @ b� vi Do I I an c $ Cents Fler EX. C-2.3 PROJECT BID► SCHEDULE City Yard Slope Repair, CC•1336 Base Bid Items Iteiii...�si�i ...hey to;tui:ii�tt is ti�i t:puce::: ::::'-;::::::::::::::::::::::::::::::::•:::::: eii a T: :: a .'•idide�i��t>x� v�rds:==:�:�:�:::;:;::: �:� :;:.:.:.::_:.:'�:.::.:.: � s..� ' :.: �. 19 447 S.Y. Install Miraft 112ON Geofabric @ Dollars j tt $ \ 1 $ I U Cents Per S.Y. 20 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) @ ��P Dollars $ l $ 0 c Cents Per S.F. 21 498 S.Y. Install Anti -Wash / Geojute Netting @ �� Dollars $ (� $ o(� _ _ rr- Cents Per S.Y. 22 I L.S. Cottsi ton ury �,� @`j� V 1[��� Dollars Cents Per L.S. Additive Bid Items irl�te to ri ��t_ :unfit: r3uce::.:.:.:.:.:.:..:..... :.>::•;:;:::::< p -:1rT:' nit pci:= :Extend; . ................i�f:::=: Construct New Chain Link Fence 14=6, Includes Wooden Privacy Al 250 Screen' n to Match Existing Wood Screening L.F. @ _ Dollars $ nCents Per L.F. A2 I Const 8" Water Valve, Thrust Blo�ck�& Appurtenances 't L.S. @ C_ 2 tl f ��.�� (�cl rC l Dollars $ U ;Lx, $ 10, Cents Per L.S. C-2.4 l "11 INA - , ►� 1 M 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 CITY YARD SLOPE REPAIR, CC-1336, (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 finther 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-5 Ael I Caxjh(V ' a)n n 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? 13 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. Date: 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. C-7 Aa -1 rmyin yob --rnc Contractor By Title 10) 1 1 • i . �; ;• �. BIDDER certifies that the following information is true and correct: Bidder Name Business Address rja On -Norw f-1 City, State Zip Telephone Number State Contractor's License No. and Class Issued The work site was inspected by H I k e S c h i 19 r of our office on gc, 2009 The following are persons, firms, and corporations having a principal interest in this proposal: ISM r` r , ,re undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this �& day ofJo'!.200 . NOTARY PUBLIC 7 �' �~t QC ►� e g t i C a 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. Name Name and Telephone No. of Project Manager: Jqftarfln W V i o91 �%G/rl Contract Amount Type of Work Date Completed 2. tl 4 liC"Y" � f� �� • Pc)b�1(7i1%? F VCi , pcl-nc .0 a Name and Address of Public Agency c - Name and Telephone No. of Project Manager: Contract Amount 3. t;>imnli r< fV V1 )(In0ry-K1 i- Name and Address of Phblic Agency 1ni , b �(� l=rS J� I Work Name and Telephone No. of Project Manager: Contract Amount Date 6- C, 61 D lhtd buy-loc I t , . ... �. �/ q � (-el'2 - vn'-f� Type of Work C-10 ON 01k) Date Completed Further Description of Any Attached Document t .t CIA �`� Title or Type of Document: Document Date: Q� Number of Signer(s) Other Than Named Above: .• t a a C-ALUFORMA JURMT WEVEA & FRANT S A EN w L 'see Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County ofV'OP-TsIcle- � Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this =? 5� day of - 2001 by Daie Mont Year (1) a c( Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared be re me.) Signature�� Signature of Notary Public Place Notary Seal Above q 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 reanachrnent of lh;s form,, to anvoth r document. Top of thumb here Top of thumb here ' Page ;=�-F"=�.._';�,_,�'r�.=a`=^i�°try..-.�,�,_;'�._=:;_._ ._—._._.�,_ _:�—,`s�,_,F=,�_._.._:.�•;.�,r �.�.�.� @2007 National Notary Association- 9350 De Soto Ave., P.O. Box. 2402-Chatsworth, CA 91313-2402a,rronw.NationaiNotary.org Item t5910 Reorder: Call%II•Free 1-800-876-6827 AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9"' FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 1000810178-09 PREMIUM $0.00 BID DATE: 07/28/09 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Act I Construction, Inc. (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CA (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of ten percent( 10 %) of amount bid not to exceed Twenty-eight thousand six hundred and NO/100------------------------------------------------------------------ -------------------------------------------------------------------------------------- Dollars ($ 28,600.00 ) 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 Clear, grub, excavate, and grade. Remove concrete curb and v-gutter. t Project no. CC-1336 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. z SIGNED, SEALED AND DATED THIS 28th DAY OF July 2009 Act 1 Construction, Inc. y PRINCIPAL B AMERICAN CONTRACTORS IINDEMN Y COMPANY By. `- Edith Garibay, Attorney -in -Fact HCCSZZ220B 10105 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange 2.Y- a On ✓ / before me, Z. Hinton, Notary Public Date Here Insert Name and Title of the Officer personallyappeared Edith Garibay —------------------------------ —--------------------------------- ----------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personW whose nameko is/aafe subscribed to the within instrument and acknowledged to me thatkte/shek4eyr executed the same in W'herA4& authorized capacity0esj•, and that by 4is/her/14& signature(@) on the instrument the 3 A A Z. HINTON acted, a ecuted the ior the lity upon behalf of which the person{ Commission # 1729969 z Z Notary Public - California j I certify under PENALTY OF PERJURY under the laws of orange county the State of California that the foregoing paragraph is true Comm. Expires Mar 9, 2011 and correct. Witness my han d offi iai s Signature Place Notary Seal Above Signature of 'ry ublic Z. Hinton 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: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General Gd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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.NationaiNalary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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. C1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, findbAdn bbMn the amount of $ 11 b ` which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor. State License Number Class eS eW I Yn eLj C ifi e._� CJ M ZG r ;/ tl ! Nc J 6 •/Jy/ �'�3 Li 1 �► e a- c, PQ-le n �v Ir)q n C� S �D3 S�� v y O CA WrU1� Gum /�'11� q� `` 1 Q"'0 9�rer� a�.nhGCA C� 3� C- AAA Q fWiCail f IS me . �► 33 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. C-3 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAM CC-1336 PROJECTBID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: C-2.1 s a �&� I -I -n , F; PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items ::�:�: :�:�:�:�:�:�:�:�:�:�:�:�: 1 1 Mobilization L.S. @ $ f' (-) 0 Cents Per L.S. 2 1 Clearing and Grubbing L.S. ) 1y [ _kA2PJ2 Dollars h(�) Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) i w L.S. (a� e-kc Rc.P r �.UYkt`0 Dollars $1 rs (90 $1 _n V Cents — Per L.S. 4 1 Furnish Project Traffic Control L.S. @ �(,�� + icij��A Dollars $ _ $2 Cents Per L.S. 5 250 Install Temporary Chain Link Fence( [See Section 206-61 i L.F. @ $_ $ t� Cents Per L.F. 6 1 Eros' n L.S. CControl. @!� LEA f t�6iU iit Dollars Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (14-6% Posts, and Footing L.F. Dollars Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ u _ _ Dollars $ $ t t v Cents Per L.F. 9 375 L.F. Remove Concrete Curb (CF=6") @ Dollars ab $Z / 1 (�� Cents Per L.F. C-2.2 PROJECT BID SCHEDULE CityYard Slope Repair, CC-1336 Base Bid Items tetri::� �a ate • fie�ii:wv, � 'uii �:p :•.: e:�:;:;:;;:::::::.:::::::<::;:<::::::::::::::; ::::::;::?? : tea . . -Willite>Ei�:#iil:�i'rvrd ::I Itliit: F>i�ice: >: 10 170 L.F. Remove pnd Dispose of Metal Street Light Conduit & Wiring three, Dollars ' $ $ @ no Cents Per L.F. 11 786 C.Y. Unclassified Excav tionSaa Dollars $ $ @ Cents Per C.Y. 12 600 Construct Asphalt Concrete (D-1.00', Type 1I1-C3 PO 64-10) _ TON @ Dollars $ $� Cents Per TON 13 778 Construct Crushed Aggregate Base (@ Toe of Slope) TON ,Wedge @�r T ��l �/� Dollars $ $ Cents Per TON 14 347 Construct V-f,Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] r ' L.F. @ _�I _!� Dollars _ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb r � 15 200 L.F. Paintmg.LSee Detail on Plan] @ . 't.V Dollars ij no Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting ' L.F. @ ()I:'n1q (Si K Dollars __ $ ry-) Cents Per L.F. Furnish and Install Pull Box, I-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection tiio''Existing Pu I Box) dollars �('`{ L.S. AlAx �hfi a 'r a rY�UY, $� Q — &I-) Cents Per L.S. 18 1 R & R Street Light Foundatio\n((L=36", W=36",, D=4fl2") EA. Do] Lars $(_ $1 Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Rase Rid Items eiii::.jEstttiiated ::; ::::: ;« >:::.:. te�ia..... _::tiiixt:P :i ce::`:::;:::.:.::::::::::::::::::::::::::::::::::.:..:: ::::::::<::::::=::=::::::::::` : �;teio �..ua�ii�.ij7:::::`;:;:;:::::::;::::':;';?::�`•::vvi�i?�.iifi�:� >:�:�:�:::�:<�::::.::::<:::.:::::•:::•: :::1[I�rt:ie:::::.::::::mUtllltt::::: 19 447 S.Y. Install Miraft 1120NpG, eoofahric @ �'��.J` r Dollars $ 1 $ ` n(� Cents Per S.Y. 20 6400 S.F. install Biaxial Geogrid BX1200 (Type S2) Dollars $ $_L @ _ Cents Per S.F. 21 498 Install Anti -Wash 1 Geojute Netting ° (� S.Y. @ �1 K Dollars $__�__ $o(^ Cents Per S.Y. 22 I L.S. Const ion urve @ Dollars ° Cents Per L.S. 2&3,iUa Additive Bid Items ietti::: ::_No;::;:;Qant3ty: ft iftt'ed::::::::::: : 5:::::=:: -:.• to i.'tivtttl: tiiitt#iee:.:::: :::::::::::::::::::::::>.:<:=:: = .... ...... :::::::::::::::::::::::::::::::::;�ytarlte�i:.tk:rd§::;:::::;:::::::;:::::::::::;:::;:;:;::::::.:.:.;::.::;::.:.:.:.:.:.::;iEntt:Price:':':.•:::=:':. - = ::::::=::: rtuount::::::: Construct New Chain Link Fence (II=G), Includes Wooden Privacy Al 250 L.F. Screening to Match Existing Wood Screening @ �� Dollars $ l $ C) Cents Per L.F. A2 I Cons t 8" Water Valve, Thrust Block �&,A�$purtes �1 `�%t. 'Dollars $ L.S. @C a2,tl K'����.0 Cents Per L.S. C-2.4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C(Q1 J jffi ffl (n , being first duly sworn, deposes and says that he or she is ofthe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder -, XM-PIPiDni&�1 Signature of Bidder Address of Bidder Subscribed and sworn to before me this ;2 b day of, , 20 NOTARY PUBLIC NA I P C 'V k 14 i� � � ► � � � NOTARY SEAL C-4 ��1',s?✓�.C�t'.,%.1`r�!`.ti.t`a,"A",�`-=.na=C`.cC`.[=.�3e=.1?c',<S4?�!`.6'd`,c=.1`.:=�`..i<;E-.^:<;f`.=�-:C`,s=.l'.c=.C'tc"^.t=L^..��E`.t�c'a;'f`a;2�^<'`,�;1�,s`>^,tT1-`.e(:�;i';_ h�t�.F=1`ts'1?�,ti CerSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of �-14Y.e�s i e Subscribed and sworn to (or affirmed) before me on this s day of l , 20D9_, by Date onth Year Name of Signer proved to me on the basis of satisfactory evidence REKHA TANDON to be the person who appeared before me Commission # 1767194 Notary Public - California z (and Riverside County (2) fViyCamm. Ekes Sep 11, 2011 Name of Signer proved to me on the basis of satisfactory evidence to be the person who appearedddefore me.) Signature �G Yj ct \�Y) n Signature of Notary Public l Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent - a fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here ' Further Description of Any Attached Document f� Title or Type of Document: Non C O t u 1 U f) �{0 c 1 Document Date: Q 1 Number of Pages. 1 J 0� Signer(s) Other Than Named Above: �. . Y;�'�f�_'GY_``r 'J�r�'fJ��V �V`E� Y'C�'(l r'.VY✓V`�+it1_�Y� ' 'L�J - �' �.�i._ l-'L`--Y ��f� ' �..�`Shr - � = �'�7 �>`.��-•(J' = f ,�."�'w`.'✓' .I ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 =Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 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 CITY YARD SLOPE REPAIR, CC-1336, (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: "QuaUfied 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: �D C-5 Al i yruj. jon, -inC 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 �&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: T66/03 C-7 Aar 1 ('mix lion -rnr Contractor T�� &'� -FXJQ--�41-1 By d Title BIDDER certifies that the following information is true and correct: Bidder Name j Oyl (r)Loa A e Business Address Nt)CM�,E� , � IL0- City, State Zip Telephone Number -9 �', -/6 � (I ! State Contractor's License No. and Class Issued The work site was inspected by I P `� C �11s C of our office on, l t �_ _ _, 20 The following are persons, firms, and corporations having a principal interest in this proposal: CA The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of jot, , 20OC . M NOTARY PUBLIC T I • S a't �� e �� e �� 1 ft C QE 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: 1al Name and Telephone No. of Project Manager: iq .l im Contract Amount Type of Work daa ad-, ID Date Completed 2. jUkfMQ Q �..��r�P �'��`l�(^ J-599 t -Pyrnyr)a bV(f - pbm0y)6i.('A Name and Address of Public Agency q i , (0q Name and Telephone No. of Project Manager: ,hf) 1 /)n 0-�) d n�'-, Contract Amou�nnt, ,� 3. �( 1�� Name and Address of blic Agency Name and Telephone No. of Project Manager: Contract Amount ��- �a mpg , �r�►�crel-� ��V c� I � ��8' ork Type of Work C-10 4 Date 11- i0'x v q Date Completed CAMFORMA JURAV M 9Ta MAH'I" STATEMENT - :;�-- i , See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of K'. 1 V e Y---. 1 rl e Subscribed and sworn to (or affirmed) before me on this day of 200 , by Date Mon` Year (1) crl a 1Y) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared be re me.) Signature��'�`� Signature of Notary Public Place Notary Seal Above p® ®PTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent o a fraudulent removal and reattachment of this form to another document. To of thumb here e To of tumh b h Further Description of Any Attached Document Title or Type of Document: 1 Ci f l Document Date: 2.� tD Number of Signer(s) Other Than Named Above: er p p e Page c =�J' ��'"=�'^i'='N�•L �r";���v"�'�•y - i - v - 1:�;�� �.= - .:�;iYr :i!r::� _-.fY�i_<;-.�L.Y�..4_F.. ..� �.r ( _A'„"= - 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 ^ vvmw.NationalNotary.org Item #5910 Reorder: Call loll -Free 1-800-876-6827 ` T AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, 9'H FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 BOND NO. 1000810178-09 PREMIUM $0.00 BID DATE: 07/28/09 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Act 1 Construction, Inc. (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the Y State of CA (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of ten percent( 10 %) of amount bid not to exceed Twenty-eight thousand six hundred and NO/100 ------------------------------------------------------------------ -------------------------------------------------------------------------------------- Dollars ($ 28,600.00 ) 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. 4 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 Clear, grub, excavate, and grade. Remove concrete curb and v-gutter. Project no. CC-1336 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 28th DAY OF July 2009 Act 1 Construction, Inc. PRINCIPAL By: AMERICAN CONTRACTORS INDEMN Y COMPANY By: Edith Garibay, Attorney -in -Fact HCCSZZ220B 10105 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On D / —2 V— C' I before me, Z. Hinton_, Notary Public , Date Here Insert Name and rifle of the Officer personally appeared Edith Garibay Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name4M is/af-e subscribed to the within instrument and acknowledged to me that Jae/sheA4ey, executed the same in J�her/their authorized capacity(.iesj, and that by 4is/her/tkteir signature(e) on the instrument the personk, or the entity upon behalf of which the personksj Z. HINTON acted, executed the instrument. Commission # 1729969 Notary Public - California > I certify under PENALTY OF PERJURY under the laws of p Orange County the State of California that the foregoing paragraph is true Comm. Expires tutor 9, 2011 and correct. Witness my han offi it s Signature ° Place Notary Seal Above Signa re ry ublic Z. Hinton OOPTIONALo 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: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s) — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionaiNolary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 III 1 COMPANY . Vic' President+; "°` TY County, of Los Angeles SS: — -- Cn'this l5`i',day of July, b re.1 Off o geese, a notary public, personally appeared Feel P 1 aOViU_P-sident of 'American Contractors IndUh �- - an - �.Tn �� States Sure Com"an and U.S: Specialty Insara ce Co —an mho eyed to me ty P 3; Surety P Y P h' Y l on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and -acknowledged to me that JAJM eeM_ dM0same in his authorized capacity, and that by s a-t � tWn ent the persot (s , or .the entity u on behalf cif - � =_ _ - -_ ) tY, p 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 _o€#`icial_ se�4Ra '_ p VIEW - Commbsld�c�€� Z?21 NoM Signature _ Jul,1= _ (Seal) ryange« r++r _-amt _�--_�n, Assistant Secretary of American Contr_torInity_oi _:atr, United States. Surety, Co and U.S= =Sp I zr ce Company, do hereby certify that the a5 n4r. bifflisMmbWand correct copy of a Power of Attorneys —= g �t -b Companies, which is still in full force and a ; o iz sfl�utions of the Boards of Directors; set out iti_ - — —ire Power ofAttorney are in full force and effect. — IN -- In Witness Whereof, I h"M he Ut ag n affixed the seals of said Companies at Los day of/ ow _ _ai _-ANTmE t _ 'SEAL i; _eie J. Kim Assistant Secretary Agency No. �25( =- �_`_�� - �� �� �� p. �� City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 Bali Construction, Inc. 9852 Joe Vargas Way South El Monte, CA 91733 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, JF:pe Enclosure Sister CRii�o�(`fP�sr�"i5e'rC�P£1�Pe, New Zealand ( Telephone: 714-536-5227 ) t i i BALI CONSTRUCTION, INC. 9852 JOE VARGAS WAS' SOUTH EL MONTE, CA 91733 2"009 JUL 28 P11 '1':'52 �lfA PROPOSAL for the r -- CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid 'include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find BIDDER'S BOND in the amount of $ io 6 of BID which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or 'Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Date %/ C-2 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE -BID AMOUNT IN FIGURES: $ TOTAL BASE BID AMOUNT IN WORDS: Two (4uvi" 7ioL,,cct4d S , x4v E-7,44- Hu.�pall C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items te►ii:::Est>Et fated : ::::.:.:.:.:.:.:.:.:.:.:.:. It..... vlt�i: uii <t: �r>uce :::::::::::::::: ; ::::::::=:::::: t? . ::::::::::::::::;:::::: EaCteii a ............. wa�Is..................... 1 1 Mobilization L.S. @ a �Sci.ti� --- --- - ---Dollars $ 000 $ 16_�, 4-x Cents Per L.S. 2 1 Clearing and Grubbing ' L.S. @ __ 6yyt ey CJkA Dollars $ 1006— $ % Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ ')r\ P --- T 1 c o S 44J Dollars $ � � $ o 4 t\} n Cents Per L.S. 4 . 1 _ - _ Furnish Project Traffic Control ' L.S. @ 06 Z ko,S" F. Jt, t4,vI�/" " `e.P� Dollars $ �?()�� $ I (\S Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-6] L.F. @ 1=; ��22"il Dollars $ I S $ NO Cents Per L.F. 6 1 Erosion Control L.S. @ fo w' t ri v s Dollars � ///(([ }}}�}} ���,,,��; ���J��� $ $ NZ Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6), Posts, and Footing ' L.F. @Qy�_ Dollars $ �j ! $ N 0 Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ TVG Dollars $ z $ v1 6 Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") ' L.F. @ -1 eA Dollars $ 1 6 - $ TAD 00 Cents Per L.F. C-a.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Itelii::=E ....... P. . ....................wv>^3�ie�n.�.v�'o�rtis....................................IJ�...>n+ee... 10 170 L.F. Remove and Dispose of Metal Street Light Conduit &Wiring $ $ 3 @ i 4 , 'j Dollars 00 Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ Fi � Dollars ' $ _ $ N 0 Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) " TON @ L'ci Dollars $ 86 NO Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ 4:0,jy- vI El a�� Dollars $ �Ig $ 3 , 5yq iv 0 Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-51 L.F. @ T F' Dollars $ Z S ' $ � S N 6^ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Planj L.F. @ "TWt�rc�-t; t Ap Dollars $ Z`� $ 900 1' 1 Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting Z ' L.F. @ 1 vJ sLrt� y )� t wZ. Dollars $R Cents Per L.F. 17 1 Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light Conductor Wires (Includes Connection to Existing Pull Box) 0�0� L.S. @ Dollars $ 0C)cir, $5F-t-tr C Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D=42") EA. @ T'�n �2 Dollars $ t d 0601, $ 10 '600 iJ 6 Cents Per EA. C-2.3 PROJECT BrD SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Estziriated; .......... fli: uiift:"ry e-:: >:::::.:.:.:.:.:..::::::::<:.:.:.:.:.:.:.::.:.:....:...:.:.::.:.:::;:.Exfieii P. ..l�o:•:� �:•. • .�uan#itg�: �:�:�"::�:=:�:�:�::�:�:�:?�:w�3it�ri.:Ire.�v�ds :.::........................... .1>I ... o �t , ... .. 19 447 Install Mirafi 1120N Geofabric $ _ S.Y. @ jam p • Dollars __ f 0 Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) S.F. @ 77Wo Dollars $ N 0 Cents Per S.F. 21 49$ S.Y. Install Anti -Wash / Geojute Netting ve, Dollars L $ 5 $ Z�q q0 @ Cents Per S.Y. 22 1 Construction Survey 1 �1Ut. �n,�% Dollars $ °?,OUP` $ �1 oo' L.S. @ [�ln�a✓ N 0 Cents Per L.S. Additive Bid Items 0 ::teiti` ..................... :'Estirtia'fed iiy:; :::::` ::::'::=:=:`-lte ii:w '#H<uiigt:' :ride :::::..:.:.:.:.:...:.: :::.:::: >::::=:::: P........... .... ..•......... . �;�:�:�:�>;:�:�:�>:�:�::,:.:wi�e�x;��;.r.ds:::.::�:�:�:�:�:�>:�`>:�:=::;:;: ::::<?::::::::?:: = lilt 3�ice >: ;:, � ................ `.::: i� i '' 'ti: 5?: • ............ . Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ -i'X�y FiUt, Dollars $ $ z5,0- ci Cents Per L.F. A2 1 Construct &" Water Valve, Thrust Block & Ap urtm ces �?J7sUF�/1 7 L.S. @ �ts1%1,c Ft V�43oliars $ $ 6� U Cents Per L.S. C-2.4 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and _Address of Subcontractor State License Number Class t-k'1A eAce_ Aue �� L� 727 �i, U �, c , P� 7 13 Aal,k,Ji --Lief C �'�i cv I✓�t+ � c. 1 [�iZ E. avriz^ A u 7fM `� A ul IT 15 q 5 Z, A �S L i Z 'i+' CA Su C `1 {ZC�rtGctr cT � ��kG M1C l� �c+rla,is By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT State of California ss. County of � LOS ANGELES BRACE FLATT being first duly sworn, deposes and says that he or she is VICE PRESIDENT of BALI 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 j to any member or agent thereof to effectuate a collusive or sham bid. MELANIE RUSSELL � Comm # 1645120 tA NOTARYPUBLIC•CAHFORNiA �! Loft ANGELES COUNTY BALI CONSTRUCTION, INC. Name of Bidder Signature of Bidder 9852 JOE VARGAS WAY So. EL MONTE CA 91733 Address of Bidder Subscribed and sworn to before me this 2 9 day of So , 20M . NOTARY PUBLIC C-4 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAAYO]R. 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 CITY YARD SLOPE REPAIR, CC-I336, (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: � r C-rJ BALI CONSTRUCTION, INC. Contractor By BRUCE FLATT, VICE 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. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: %12'?1C9 f C-7 BALI CONSTRUCTION, INC. Contractor By BRUCE FLATT, VICE PRESIDENT Title (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: BALI CONSTRUCTION, INC. Contractor La-M BRUCE FLATT, VICE PRESIDENT Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. c-s BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BALI CONSTRUCTION, INC Bidder Name 9852 JOE VARGAS WAY Business Address SOUTH EL MONTE CA 91733 City, State Zip 626 ) 442-8003 Telephone Number 524540 A, C4, C16, C36 State Contractor's License No. and Class 02/11/1988 Original Date Issued 02/28/2010 Expiration Date 2 The work site was inspected y of our office on 0 r The following are persons, firms, and corporations having a principal interest in this proposal: THEODORE POLICH, PRESIDENT MICHAEL BRROKS, SECRETARY/ TREASURER G9 1 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. BALI CONSTRUCTION, INC. Company Name Signature of Bidder 1 BRUCE FLATT, VICE PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 21 day of �0, 200'4 . MELANIE RUSSELL C core. # 1645120 N AAO NOTAW( PUBLIC •CALIFORNIA e o , LOS ANGELES COUNTY My Comm. EzP, FEB. 13, 2610 NOTARY PUBLIC ME RUS eSELL�NOTARY PUBLIC NOTARY SEAL i Listed below are t n ves, address and telephone numbers for Three public agencies for which the bidder has performed similar work within the past two years: 1. IRVINE UNIFIED SCHOOL DISTRICT @ 14600 SAND CANYON AVE., IRVINE, CA 92618 Name and Address of Public Agency 1 Name and Telephone No. of Project Manager: DINO MACARELI, 949-725-0029 j $1,345,000.00 SEWER, WATER, STORM DRAIN 11/30/07 Contract Amount Type of Work Date Completed 2. LAUSD @ 355 S. GRAND AVE., 11TH FLOOR, LOS ANGELES, CA 90013 Name and Address of Public Agency Name and Telephone No. of Project Manager: JOSE ALDAY, 213-216-8324 $1,773,000.00 SEWER, WATER, STORM DRAIN 10/01/08 Contract Amount Type of Work Date Completed 3, LAUSD @ 355 S. GRAND AVE., 11TH FLOOR, LOS ANGELES, CA 90013 Name and Address of Public Agency Name and Telephone No. of Project Manager: DAVE THOMPSON. 818-246-3481 $1,985,702.00 SEWER, WATER, STORM DRAIN Contract Amount Type of Work C-to 02/01/09 Date Completed 07/28/2009 13:35 FAX la001/001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: I. The use of Mirafl BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid Is acceptable. This is to acknowledge receipt and review of Addendum Number O ated y 16, 09, Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. SAFECO Insurance Company S A F E C ®' PO Box 34526 Seattle, WA 98124-1626 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Bali Construction Inc. as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA of Seattle , a corporation duly organized under' the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount ----------------------------------------------------------- Dollars ($ 10% of Bid Amount ) , 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 City Yard Slope Repair NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of July 2009 Bali C true Inc. (Seal) Principal ae %lam Witness 9,,Ze /d;{?,,oe Title SAFECO INSURANCE C 1PAN,Y-`6F AMERICA Debbie L. Welsh Witness By �, Michelle L. Sweeney ttorn -Fact S-0054/SAEF 12/00 ® A registered trademark of SAFECO Corporation FRP ICALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On July 23-; 2oo9 before me, Jessica L. Nowlin , Notary Public, personally appeared Michelle L. Sweeney who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that M/she/Hteeyt executed the same in hWher/ o-r authorized capacity(4es�, and that by Ws/her/their signature(s) on the instrument the person(); or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature H SSICA L. NOWLIN 0 COMM. #1780067 D N Y PUBLIC-CALIFORNIA yw` MARIN couNrr 0 MY C; r,m cx�ires November 16, 2011 'v 10� .�be-r",, POWER t : L1tUZ'1 I. OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 10460 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********DONNA J. FROWD; MICHAEL B. MCGOWAN; SUSAN J. MCGOWAN; JESSICA L. NOWLIN; MICHELLE L. SWEENEY; DEBBIE L. WELSH; DONNA L. WELSH: Novato, CA*************************************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these -presents this 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13, - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd - day of July 2009 �� C�mAa� @��E CpIHpA 5EAL RMW S£AL x ar 1953 ''� 1 123 ArFOWk3M'V� Gc_of a DexterR. Legg, Secretary C wSa S-097a1DS 3109 'NEB PDF CALIFORNIA ALL-PURPOSEOD TC.=�a' �.C!s�v�.�Gc.. �.C-�e,��u,n��3�Y„�tia' c� �..�G-��i.�iG�S..s�,l.�.,.�,-�S<�.� :aC.s�> ���,C.-�g.-�..-w!�a. saC��'• • �..va n State of California County of yrreS'syL�// Here Insert N e nd Tdle of fficer On before me, Date personally appeared �r� ✓� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the MELANIE RUS instrument the person(s), or the entity upon behalf of NoTARY Comm, lc 645120 a � which the person(s) acted, executed the instrument. Los ANGEiESCOUNTY Mt COMM, EXP. FE6. 13, 2010 I certify under PENALTY OF PERJURY under the laws ayswa� [ 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 N Publ' OPTIONAL Though the information below is not required by law, it may prove AJuable to persons ying 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 �RIGHTTHUMBPRINT' OF SIGNER _-_. of thumb here 02007 National Notary Association • 9350 De Soto Ave_, PC- Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotafyorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Cal Fran Engineering, Inc. 990 Enchanted Way #106 Simi Valley, CA 93065 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CMC City Clerk J F: pe Enclosure Sister C�ies�0 "rijo S�apan t�rai?a Prre, New Zealand ( Telephone: 714-536-5227 ) Cal Fran Engineering, Inc 990 Enchanted Way #106 Simi Valley, California 93065 CITE' OF HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 "SEALED BID" for the CITY YARD SLOPE REPAIR 17371 Gothard Street CC No. 1336 in the City of Huntington Beach I.., tom, r. 2009 JUL 28 Pi i f i SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.1336 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 completethe work within forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. if at such time the contract is not awarded, the AGENCY will reject all bids and may 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. HIDD�Rs i'o`A, OF RID Accompanying this proposal of bid, find Rc M0 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 B, der's S` naiure e az SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: cA:.E h4UHDRE4 N1HE-7-Y - NINIF 711 MSAI/L) Eva//)- AN4 771A/0 D6L44RS' �A)6 CENTS' C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items e terji: ►iti uiiaf:p "race ::::::::::::::: :•:? :.:.:.:.:.:.:`..:.:: �cteri" :'"' :titre # 1 1 Mobilization L.S. @ 7Y F� \', f VA,%Dollars $ �0 $ Cents Per L.S. 2 1 Clearing and Grubbing L.S. @ 7�'),19711 F% vI %Yu"tam Dollars $ Nc Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) i L.S. @ TKIEWY 014,E 1441MOMO Dollars $ Z / GHQ $ L 60 - Ni� Cents Per L.S. 4 1 Furnish Project Traffic Control L.S. @ 7,AJ1i27Y F/ VE Nv/N®'EA Dollars �`/O Cents Per L.S. 5 250 Install Temporary Chain Link Fence (14=6) [See Section 206-6) L.F. @ Dollars $ / �' CO $ 7,5W r hl B Cents Per L.F. 6 1 Erosion Control L.S. @ 77//6Z7y F-1 VE PLf1rL IAI, dollars $ 3b-D ' $ ''-6Z)o N� Cents Per L.S. 7 254 Remove and Dispose of Chain Link Fence (14=6% Posts, and Footing s ' L.F. @ 7W_P7J /7y •- 6 N,,E Dollars $ $ fNo Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ ELEVEN Dollars $ , 00 $ 3 8 f % N6 Cents Per L.F. 91175 Remove Concrete Curb (CF=6"). Qa 1t¢ Dollars /yd Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items < ::::` te9ii:vv t ''uii�t:"i ><e�::•:: >:::::; P.. : >::; :::::::::.:;:..teiid?es1.:::,. ::: ri:vuvirds...:..:.:.`:.:.:.:.:...:.:. ' :.: I t:iCe>: `:;:.:.: =:= i tfi![i1t 10 170 L.F. Remove and Dispose of Metal Street Light Conduit & Wiring @ IF�-E VEN Dollars $ /9 $ / % ® = N6 Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ T,U! ' y - F) VE Dollars $ 3v5-• OC) ' $ 27; 511J />;Q Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=LOW, Type III-C3 PG 64-10) TON @ SE✓'NTY -- Two Dollars $ 72, M Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) ' TON @ 1--6k7Y - 7 YVQ Dollars $ 4 Z- - cc $ 13 H6 Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] L.F. @ YIA/I--NTX — C>X Dollars No Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ Tyt/5/T y - V,E Dollars $ �. $ — %%f Cents Per L.F. 16 175 L.F. Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting @ TWEN TY - F0 UA� Dollars $ 24 ® 60 $ q, Z Cents Per L.F. j Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. @ 77f1121Y- CANE /-/Z/H)9A?,E0Dollars $ 3, /' tC Cents Per L.S. 18 I R & R Street Light Foundation (L=36", W=36", D=42") EA. @ TEEN PlINL?,P,D Dollars $ / 8150 $ / BC O — A/0 Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items ............... ........... 1to I ............. .... . i ....... � - .%1.1.1.%1.1. : ...... 19 447 Install Mitaft 1120N Geofabric S.Y. Dollars $ Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) S.F. @ 0/_' Dollars $ $ Cents AV Per S.F. 21 498 S.Y. Install Anti -Wash / Geojute Netting ZWQ 13 @ Dollars $ � 7Y- Fl YE:_ cents Per S.Y. 22 1 Construction Survey L.S. @ C-/ VE W&UtSAIVL') Dollars $ 5,cco- $ 5, OZ Cents jPer L.S. Additive Bid Items ....... .......... ...... n wo ........ ...... .... ............... Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ 71YIEH7Y - )':--/ VE Dollars 25. CO $ t, 250, - Np Cents Per L.F. A2 I Construct 8" Water Valve, Thrust Block & Appurtenances L.S. @ j57/0&t 7y - �� j V $ e5m - HO Cents Per S. C-2A Cal !� : :: , ! ► ;7[l�l�l� In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion 9f Work Name and Address of Subcontractor ,State License Number Class Lai�7 P A CA ; tG 68.�4 aUA/ZTL 11>'1�© VA-T1 � �N� cgL , zL% 26 ,9 � � Pam✓ d� 16� S A- 5)9VALT s7A 66`84.17 s�✓ PIOLM DF 1,LD, Il�C e-A . LDS 7 7�` 2 A4P l�r, c�S4 '1-7�,VDA1F, `/1K1I�£� t?�J�1Lu71Djy A . e 21 678551 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 State of California ss. County of Orange bel-1121, first duly sworn, deposes and says that he o e s Via A& I of -k�j , C the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 0A L.F?ZAN EMG f N9, INC, Name of Bidder Signatpdof Bidder .OVAACl/ 7-C-MAS/1 090 FjYegANT,E4 WY, */06", t51MJ VALLEY Address of Bidder CA, J9,906%, Subscribed and swornto before me this 2-� day of JLiLY , 20,09. JEANNE DUNCAN Commission # 1795627 � .o Notary Public - California Ventura County MVComm.E a 11, 2012 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON LEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY YARD SLOPE REPAID, CC-1336, (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. Dater O C-s CN 1-F/Z�q " E7-1,g / CB , t NC , Contractor Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. ClhMOMM 1111 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 ANo If the answer is yes, explain the circumstances in the space provided. Dote: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-C 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: 0/-/t9,9 C-7 CAL,F1Q,41Y Wt . Contractor By )(410 26P 70MAOINO VICE-PgESWE� YT Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: rAL'iqAN ��/G / nJE��lNG` , /,We , Contractor t1fC,P:' - PR4ES°W Dy 7- Title Date: Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: rAL-FAA ,kl 11Yt=�ER1No!!� , tN 0 Bidder Name Business Address ,,91"l VALLL77y City, (gc,5-) 57,9 - `917,3 Telephone Number 70/4.02 A 0.9 State Contractor's License No. and Class Original Date Issued JAHLIA)Zy Expiration Date OA R!� Q State Zip The work site was inspected by CIAFA/2,00NC of our office on J1A-1V 71 , 20W The following are persons, firms, and corporations having a principal interest in this proposal: )1=9Ah/C�v W1,F1101"'11T- — PRIF-S° ,OAPI A kEWhNC D y i9�,-SSaWFX C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name l Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 4 day of July , 200,3 . NOTARY PUBLIC f, 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. A-Io196 CCOIY7)1- 4PW , 74 NO CA , Name and Address of Public Agency ,93.5f 7 Name and Telephone No. of Project Manager: ,EVWJ-1 M/ I</RK 76 or M Z, 5W4 C �%934, //7. C0 4AIYOFi/-L.- cLOS5URE IDLY 20019- Contract Amount Type of Work Date Completed e 2. CITY ®F ALEJyDC9�A v // & � F!�©T/7'/LL �L . , 4LEN,06RA Name and Address of Public Agency CAI—, .9 / 74 J Name and Telephone No. of Project Manager: DAV/D A • D,y VIES - eZ6`- ,9 /4.8 2,60 7'�6, 000 , cc) BYTE" r*,4,4 Y ZOO Contract Amount Type of Work Date Completed 3. C/ TY bF S/M I VALLEY 6-00 W . L- ,,4 , A VE, j tS) /'41 VA L. ' CA Name and Address of Public Agency ;9306' Name and Telephone No. of Project Manager: ,914A UN-/N ^/A-4 )QC tLA y ) - 86�' -5G3° 046'*J )0 659, 3 Z.> . 60 Lg e OC V-/ UN/I�)4 2-60 7 Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of� On TL4,( ?(" ; before me, ^ r ni.r �Y fi t� <a^. ; c__ Data Here Ihsert Name and Title of the Officer personally appeared�C�t'�'f�=�-s_r- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the JEANNE DUNCAN instrument the person(s), or the entity upon behalf of Commission # 1795627 which the person(s) acted, executed the instrument. ;-� Notary Public - California Z ' Ventura County .6 11,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature— 4,4-. 011141)oi(4k- Place Notary Seal Above Sgnature 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: Signer's Name: _l Individual F l Individual J Corporate Officer — Title(s): _. ;_I Corporate Officer — Title(s): LJ Partner — h, Limited _ General Partner — _1 Limited IJ General 1 Attorney in Fact _' Attorney in Fact Trustee lop r,` thurnh here r. Trustee , roe of thumb here �-� .� Guardian or Conservator -i Guardian or Conservator Other: :! Other: Signer Is Representing: Signer Is Representing:__ 1 102007 National Notary Association• 9350 De Soto Ave„ PO Rox 2402-Chats�,,orth, CA 91313-2a02- www.NationalNotary.org Item �5907 Reorder: Call Toil -Free 1-800-876-6827 BOND NO.: CALFR-062 KNOW ALL MEN BY THESE PRESENTS: That we, CAL FRAN ENGINEERING, INC., (hereinafter called the Principal), and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and doing business under and by virtue of the laws of the State of WASHINGTON, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for CITY YARD SLOPE REPAIR JOB/BID NO. 1336 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 22nd of JULY, 2009. M M. Liber%' POWER First National Insurance Company of America 1001 4th Avenue t,' vitUAL OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 10658 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **********************MATTHEW R. DOBYNS; RANDY SPOHN; ZARA SPOHN; Santa Ana, California************ its true and lawful attomy(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (M) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 22nd S-10491DF 3109 day of July �X* A kIl Dexter R. Legg, Secretary 2009 WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On July 22, 2009 before me, Erika Guido, NOTARY PUBLIC, Personally appeared RANDY SPOHN ® 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. .. , ERIKA GUID - I certify under PENALTY OF PERJURY under the laws of the State of o COMM. # 1843731 * California that the foregoing paragraph is true and correct. Z _ NOTARY PUBLIC CALIFORNIA K ®� M ORANGE COUNTY o WITNESS my hand and official seal. 1 y comm. expires May 5, 2013 It r Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIAALL-PURPOSE �S.�T.�.^ T.,Yc�.Y_zJS,�s�,S.���5!�ai!yaS; ;'�ak!�.�Q;: ��•: �.,,�cg�.,S�S,�•a..cA '�c..�.a,'v!:�C�.�;,?���Sti�a. hc�C�.M1 Ac��.,: �.,: a.�,_-�.\!s�.,�. .!a�C,=a State of California County of On 24 Uut- god before me, �eCd np_ 3)ux ,,, 'Pub i ( C_ Me Here Insert Name and Title of the Officer personally appeared F1a0r) �ofnCLZ5irNo Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the JEANNE DUNCAN instrument the person(s), or the entity upon behalf of ., Commission # 179,55627 which the person(s) acted, executed the instrument. Notary Public - California z Z nI M. Coun Comm.ras •i1.20t2 ty 1 certify under PENALTY OF PERJURY under the laws fvA of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �' — �Lw, Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing .RIGHTTHUMBPRINT', ;OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT,THUMBPRINT' UsIGNER ✓:�✓..�Ll'y:�✓..`✓,:C✓.tC✓'��y. �✓�n✓...C✓.C✓.: s.�✓.4�.�✓,5`✓�.�✓.C✓.4C'�.: rLti � �:'✓.�✓. 06�✓.1•'✓..�.C✓,.�✓.i.�✓: ✓.�_✓,.�✓�u.�✓.6�✓. ✓%�%. ✓i.�✓. �✓.�✓:`✓ O 11 1 �• '• C 1 '1 •1 - :11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name Name By way Z O, z 0a,-q "J Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Earth Construction & Mining 11542 Knott St., Ste. #10 Garden Grove, CA 92841 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CRC �s.OAWj85asPararTtVri' 16i?an�-9?ec, New Zealand (Telephone: 714-536-5227 ) 7- 2009JUL 28 Ph 1:151 13C SECTION C PROPOSAL. for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find 0�vs Oo %J in the amount of $ 'j- 00�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 fig -nature C-2 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: 1/ one pt^c-4wcd .S'rveo!o),e �hovf.G�'►rii� i'i.Ine �/tn�✓t�� �'lai,R�y Seye✓1 , flue, cc"4.- C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items te:: ................. Esif�iated ::::::::::::::::.:.:.....:..:.:.:.:.:.:.: .................................P................................... =:.:.:.:.:.::.:..:.:.:..:.:. .................................... ::: EXterideil :: ..................... Quantity::rittei><:En:v��rds................................ .......................................................................................................... 1 1 Mobilization ' L.S. @ %a4ri �l�oZ ,rho% /�wi At, Ad►,V oI 22 $ 2 1 00 1*J-- iv0 ce-):s- Cents Per L.S. 2 1 Clearing and Grubbing ' L.S. pp @ F1F�re n f l»i��'d�i ,fiiC /�/tr►o(�aallollars $ r,p0oa� $ All Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ man %rz.. 04ftrcw Fi / Dollars $ A,0 Cents L%SO Per L.S. 4 1 Furnish Project Traffic Control ' L.S. @ one i' ao S.wd Ptgh� /i�z»c�ytre�Dollars $ //8oJ $ goo !L'O Cfd.r Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-6100 " L.F. L.F. @ SeVGv� Dollars $ ? $ % SD /v0 Cc'Jr Cents Per L.F. 6 1 Erosion Control ' L.S. @ %_(/, 0 Dollars f32 $ cR f0 Oa $ ZL4 000 /vO Gc,4r Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ �( I� Dollars $ �_ ar $ % So O Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ j OA Dollars 70 $ / O $ .5-Gyc.' �J Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") L.F. @Zt�) Dollars $ $ •�jd 7S }' Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Iteiti:: Estar�iated :::::::::: 3teru:avitli: un�f::rice::::::::..................::.... P :::::::::: :u;tiittty ..................................... ::::::::::::::::: w-dtte4j6:vva►rds:::::::::::=::::............::::::::: .:.....:.:.:.........:.:..:.:.............. �...:.:..:.:..:. 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring t L.F. @/�j h Dollars $ $, Sig Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ j iA, eve �y co i A Dollars ' $ 70 $ iT Scv e�'ry Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) ` TON @ _�*(atde i Ive Dollars 'S7 $ 0 Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ % �) yt,4 — p ,pa Dollars $ ri 14 Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] ' L.F. L @ %.� �y T E�t7 Dollars $ l� $ pie, 6ew4_e Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb O 15 200 Painting [See Detail on Plan] L.F. @-rA)'r,4y 1)-,YLee Dollars $ 3 S s $ 9/ dJo 0 No { Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting ' L.F. N pL� t u' 0 Dollars $ 3 d ®v $ jzoo I'✓ Q Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light i 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. �lk,�cj�ec� @ �i� fLeaQ f�r►�s'.d,,c�a thAee ollars $ 3;300 " $ �, 3 �C� /VO Cents Per L.S. 18 1 R& R Street Light Foundation (L=36", W=36", D=42") EA. @ /in / )Ot.,: Ah'd ne J4',rc•-Cc46ollars $ 41/ /0o ` $ pco t3 Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 RncP Rid itPrrtc It:: �stt�iated :::::::::::::::: Ite�ii:with: uri�t: rice:::::::::::::::::::::... ..::::::::: . ................. ::.. Extended:::::: ..................... 1'da'::: Qa htiiy .:.:.....:...:.:.:.:.:.:....:....:..:........:::.............:..ITi.. ...........::: vvri>1 a :Erns:words::::::::_::::::;::::::::::::::;.:::::::::..:..... . Pt�ee... . ><itio'wa ... . 19 447 Install Mirafi 1120N Geofabric S.Y. @ 1), nee Dollars $ $/,7-20 Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) cr S.F. @ Dollars $ ©, aO $ S aD — Cents Per S.F. 21 498 S.Y. Install Anti -Wash / Geojute Netting @ % -0 �-AOLSaO'P(' FIL C /4"o4eAollars ' $ na 5,00 0—m-7 $ �1� S�� 721 Q Cents Per S.Y. 22 1 L.S. Construction Survey @ r�tyrz f�+o1dA �vij sever. ,�/z.. Atce6ollars $ �'�� 700 � $ Tod =3 /Va Cents Per L.S. /�IISiy9��%e Additive Bid Items IYeitt :: ..................... :No :- Estitf<ated :...... tity::. :.::.:.:::.::::::.::........ it}i: untY: tice::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::..........:::Exte......l:::::: ............. :: :............ .... ......:.:..::.......lten::%n:rv�rds::............................... :..�Jnit:Pr�ce.:... .Amount.. Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ To�2 / ;t:litr, Dollars ,p $ YZ 8 $ /// Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust $lock & Appurtenances , L.S. @ %e-YN Fiue A­-f'Z-c'jDollars $ /O.4Soo $ %O act JU n Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class /4AAdy AINAt A-,i j3cot � ,fin G S-Anh Qh 4 4:�A )S5SQ, 6AacsA CA 9 /70 12 a =2 �- By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange rK a.,r jQ r Pa t I (�[ , being first duly sworn, de oses and says that he or she is Plrfsfi*d&r of gam, (A fatkW 4 i the party making the foregoing bid that the bid is not made in the interest of, or on the be alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature o Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARY SEAL C-4 ACKNOWLEDGMENT State of California County of Orange On July 24, 2009 before me, Rosanna Enroth, Notary Public (insert name and title of the officer) personally appeared Charles W. Poss III who proved to me on the basis of satisfactory evidence to be the person(o whose name(s) is/a% subscribed to the within instrument and acknowledged to me that he/s#e/#,ey executed the same in his/heN#heif authorized capacity0es), and that by his/#eN#heif signatureW on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------- WITNESS my hand and official seal. ROSANCOMAE1 O 6 t NOWOANMY COJMy Comm. E* Dee 23, 2010 Signature _ (Seal) N `vt Gr I a S S 1 vb. 64 0�w J; t 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 CITY YARD SLOPE REPAIR, CC-1336, (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: 7 Lg 15y pICL Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes R(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 a LOq P d, Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 0-3 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Bidder Name Business Address f �d de CA City, State Zip c ](I ) zql- q� Telephone Number 65im— A State Contractor's License No. and Class Original Date Issued Date ey� �y The work site was inspected by C 5 w �'� of our office on 7 Z- 20 0 cf 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. Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . NOTARY PUBLIC u—, 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. ' "-'re kefa.Y'%t m0wro %'� qzw Name and Address of Public Agency Name and Telephone No. of Project Manager: N Vj0\V-e%y COAez. qS 0 - 4 S(e 3253 `� Sad , � �� •o� ���e C��;N���l �►���e. �,A� ��o Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: C%i'AVATS 'tTow l &58" 399- 320 ** -,-? polz) COS'.®® '�-ko%4' - "11'P Contract Amount Tvue of Work X Name and Address of Public Agency 6 Date Completed CA 9 2,1®3 Name and Telephone No. of Project Manager: "Soe- '99 UVV'. �4y ��� • �� �� 4'1, 1 �AD $ -650. bo %)PO-1 Contract Amount Type of Work Date, Completed C-10 ACKNOWLEDGMENT State of California County of Orange On July 24, 2009 before me, Rosanna Enroth, Notary Public (insert name and title of the officer) personally appeared Charles W. Poss III who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he §' executed the same in his/#e##e& authorized capacity(ieo, and that by his/#eOtheif signaturefo on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROSANNA ENROTH WITNESS my hand and official seal. tP COMM #1712356 �+ ORANGE pfomla Comm. f* Oft 23, 2010 Signature j(Seal) b c al& �s T a THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Earth Construction & Mining 11542 Knott Street, Unit 10 Garden Grove, CA 92841 as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA 1800 Sutter St., Suite 735 Concord, CA 94520 a corporation duly organized under the laws of the State of MI as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach Second Floor, 2000 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Yard Slope Repair - 17371 Gothard Street - CC No. 1336 - in the City of Huntington Beach 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the. Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd 41�v4�� J � (Witness) Susan Ponsell I(Witness) day of July , 2009 Earth Constructio The Guarantee Companv of North America USA AIA DOCUMENT A310 a BID BOND o AIA w FEBRUARY 1970 ED. a THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Seal) (Title) ACKNOWLEDGMENT State of California County of Orange ) On July 23, 2009 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person_(<whose name,(s)"is/ate subscribed to the within instrument and acknowledged to me that ja /"she/t, eyexecuted the same in /her/t authorized capacity), and that by bis?herpeir signatures on the instrument the person or the entity upon behalf of which the perso�(8) 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. SUSAN PONSELL WITNESS my hand and official seal. Z . COMM. # 1734814 2 NOTARY PUBLIC - CALIFORNIA Z C7 ORANGE COUNTY *� My Commission Expires Match 27.2011 1 Signature (Seal) THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lourdes Landa, Adriana Valenzuela, Mark Rosskopf BB&T Insurance Services of California, Inc. — Fullerton its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 4th day csJTEf CoQo of February, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA y J AM X7 STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 4"' day of February, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 pwo Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of 6Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thoreunto set my hand and attached the seal of said Company this day of 211320 / �U1 I Randall Musselman, Secretary State of California County of Orange On July 24, 2009 ACKNOWLEDGMENT before me, Rosanna Enroth, Notary Public (insert name and title of the officer) personally appeared Charles W. POss III who proved to me on the basis of satisfactory evidence to be the person(-s_) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in his/hegtheif authorized capacity(ies), and that by his/bedtli& signature(s) on the instrument the person*), 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. R08APlAiA`ENROTR COMM #1712366 I N A9y Conan. Exp. Duo �, �1tl Signature jirot� (Seal) �Id. ' MOL — t-i 1&0 Slott kL'A`1 �; V I6el�'e)� 4-4,d- City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number ate 009. Company Name By —1 '�ZD -IL-:A � Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Elite Bobcat Service, Inc. 1320 E. Sixth, Suite 100 Corona, CA 92879 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister C�/��°4RfSj'�et�" ' �g���� New Zealand ( Telephone: 714-536-5227 ) O z7- KLITJGENERAL ENGINEERING-., 1320 E- SIXTH, SUITE 100 - CORONA, CA 92879 Tel: (951) 279-6869 - FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main St, 2nd Floor Huntington Beach, CA 92648 .QR City Yard Slope Repair 17371 Gothard Street Project No. 1336 ^1710voinn /m"% 0).An Du C=3 C— I SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 SECTION C PROJECT BID SCHEDULE CITY WARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items IUM: ..... ..... I ........ ......... ................................. . i*jke:::::::.:-:.:.:-:-:-.-.�......... .............. I.. ........•....... ............. ...................................................................... ............ ................. ................ ................. ... .................. Mobilization L.S. @ le'a Dollars $ $ 0a<0 --Cents Per L.S. I Clearing and Grubbing L.S. 7as @ 7xTak Dollars $ $ 150-LO Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @- 4­4w,-_o Dollars s 5cc 14 Cents Per L.S. f 4 1 Furnish Project Traffic Control L.S. @ —Dollars $ $ ZCQL� Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 L.F. @ Dollars $ 16 $ q 000 Cents Per L.F. 6 1 Erosion Control L.S. @ 7Z:atA10 Dollars $ sa $ 0 Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H-6'), Posts, and Footing L.F. @ l rtz 2TE & k.') Dollars $ Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ ��,r, Dollars $ $ 2-7-7(,. Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") L.F. @ Ex Dollars Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 ::::::::::::: :::::......::::::::::..:.:.:..........:::: ::` :::: rllien.F><isvrords...:::::::::::::::':=t :: 10 170 L.F. Remove and Dispose of Metal Street Light Conduit & Wiring @ cv�Ajt't Dollars $ a , $ 3� t� / CD Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ l+ ra_-r j F� tOE Dollars $ 3 5 $ 27 51 O C Cents Per C.Y. 12 600 Construct Asphalt Concrete Type III-C3 PG 64-10) TON �-(-D=1.00', @ S�rJ1y 1-ZVE Dollars $ $ Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ T�F7ee+J Dollars $ IS $ t(6io cp Cents Per TON 14 347 Construct V-Gutter (W�=--366"), Includes 6" Thick C.A.B. [See Section 303-51 L.F. @ wT I_ rr Dollars F— $ 2 $ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ FiDollars $ $ �Ut�Ou Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CFI"), Includes Curb Painting / L.F. @ �r TH Dollars $ $ Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 ConductorWires (Includes Connection to Existing Pull Box) L.S. @ t^=FG �4k�+SA�+� Dollars $�j ae" $ so Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D-42") EA. @ Fsvr— H+-..SAr4,D Dollars $ S $ S�a� Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Race Rif# Tfame tem::�shttiate ............. :::,terii:w;lth:uurf: ;rice:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::::: ztea;e:::::;: �Ittei:�r:vi�bircts:::�:::�:::::=:::;:�:�::��:�:�:::���=:::::::�::::..�t > = iil>t Pile:=: '` 19 447 Install Miraft 1120N Geofabric ' S $ 2 23S S.Y. @ Dollars $ Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) 0 224 O S.F. @ Dollars $ +'�5 $ NET" ( rS.�` Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting S.Y. @ Dollars $ J� $ Cents Per S.Y. 22 1 Construction Survey ' L.S. @K 1 {i�tSPlr►o Dollars fQ Cents Per L.S. Additive Bid Items . ... xerri::ILY. :..stir<iae ::::::::::::::::;::::::::::::: terii:i!tili: un;t:pride:::::::;::::.:.:.:.:.:.::::::::=:::=:::::=:: ......... .... ... ....... ... :::::::::::::::::: .... ........ :::. xteii; a ;:;:;: ..... ... ....................wr�entR.�r..::;:;::;:::::Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening @ Dollars Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust Block & Appurtenances L.S. @ (EN "TrNatS�R++h Dollars $ 10,000 Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number �l.�L`r2 NAF1�,T'.K 4s'22H�� C-lJ 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 Joseph Nanci , being first duly sworn, deposes and says that he or she is President of Elite Bobcat Service, 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. Joseph Nanci Name of Bidder /" . � 1, Signature of Bi der 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of , 20 _ . NOTARY PUBLIC C-4 NOTARY SEAL State of California County of Riverside On July 27, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my ha an official seal. Signature\A,\\"N 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 CITY YARD SLOPE REPAIR, CC-1336, (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: 07/27/2009 C-5 Elite Bobcat Service, Inc. Contractor By Joseph Nanci 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 R 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: 07/27/2009 C-7 Elite Bobcat Service, Inc. Contractor By Joseph Nanci President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona City, \ 951 1 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2010 Expiration Date CA 92879 State Zip The work site was inspected by Joe Nanci of our office on July 22 2009 The following are persons, firms, and corporations having a principal interest in this proposal: Joseph Nanci, 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. Elite Bobcat Service, Inc. n Company Name Signature of Bidder Joseph Nanci, President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 City of Walnut 21201 La Puente Rd, Walnut, CA 91789 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jason Welday (626) 331-8323 $1,584,665 Street Improvements 05/2009 Contract Amount Type of Work Date Completed 2 City of Loma Linda 25541 Barton Rd, Loma Linda, CA 92354 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jarb Thaipejar (909) 799-4400 $451,000 Street Improvements Contract Amount Type of Work 04/2009 Date Completed City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92628 Name and Address of Public Agency Name and Telephone No. of Project Manager: Pete Merit (714) 925-7432 $299,908 Concrete Improvements 11/2008 Contract Amount Type of Work Date Completed C-10 State of California County of Riverside On July 27, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h and official seal. Signature 14,btk 'k (Seal) ��� �11,�0`0 G°ro f•� �co yy. Bond No. 08739262 —------ ------- Fidelityand Deposit Com"p"any POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 KNOW ALL MEN BY TU SE PRESENTS: Bobcat Service, Inc. That we, -Elite--------------------------------------- — as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COIYIPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and -- firmly bound unto____ City of Huntington Beach _----.as Obligee, (hereinafter called the "Obligee"), ten percent of amount bid, 10°s m to the suof---- ---------- ---- __— - -- Dollars ($------------- ------------), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for- ,------- CITY YARD SLOPE REPAIR 17371 GOTHARD STREET______ PROJECT NO. 1336 ---------------- ________ NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shalt enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between. the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ---- --------- -_ 2 3 rd __day of_ ....... -- July -_------------------_—--------- ----- A D.,20 0 9 Elite Bobcat Service, Inc. (SEAL.) -------------------------------------------------- Principal ----- --------- ---------- ----- ----------------------------------------- tritness BYB -- Title FIDELITY AND DEPOS O ANY OF MARYLAND rety -------- --------------- ------------------------------------- -- - -- — BY-- -- -- - - -----------(SEAL) --- -- --- --- - --- Witness Cha es F ak Tile c325f-50M.7-92 'To ACT conform, to Amukw Institute of Architects 13�mem A-310, - Fcbm,y 1970 6460n. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 7-23-09 before me, Lexie Sherwood, Nota[y Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake LEXIE SHERWOOD� COMM. #1856389 9 NOTARY PUBLIC • CAUFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2013 Name(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 fficial seal. Signature Place Notary Seat Above Signature Z;rNdjdry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e , dens by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e SOOD, all of Anaheim, California, EACH its true and lawful agent and a U d deliver, for, and on its behalf as surety, and as its act and deed: any an P n xecution of such bonds or undertakings in pursuance of these prese 1� in , as fully and amply, to all intents and purposes, as if they had been d t ackn h gularly elected officers of the Company at its office in Baltimore, Md., �p Per i attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, C a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 0 es ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2. of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp DUO,�i _ o p vw.• e IC80 i r � State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H State of California County of Riverside On July 27, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h and official seal. Signature \--ax City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Excavating Engineers 5256 S. Mission Rd. #703-002 Bonsall; CA 92003 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister G?iP!o,"(j€asPffi ieU1W9YWf New Zealand (Telephone: 714-536-5227 ) Excavating Ea , gioneers 5256 S. MISSION RD., #703-002 - BONSALL, CALIFORNIA 92003 LICENSE #716401 e X GAVAYIrt(o �l't (v 1 �►Q.P./S . SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 completethe work within forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 th AfGE Y's o ion, be considered null and void. Accompanying this proposal of bid, find Ld i t e amount of j I which said amount is not less than 10% of the aggregate of the total bid price, as required bylfie 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 sianifv receipt of all Addenda here. if anv: Addenda No. C-2 PROJECT BID SCHEDULE City yard Slope Repair, CC-1336 Base Bid Items ................ :.<=::::::.:.::`..: P . ...:::::? Exteri ed': ;: .................w>Bitten.in.c�lyds....................................7it.i>r�ce...... ...................................... AmolGt ... 1 1 Mobilization L.S. @ �iM Dollars $ $ 10 Cents Per L.S. 2 1 L.S. Clearing and Grubbin @ T� _ ,�t V'�"�/" -Dollars $ �� $ 1 Cents Per L.S. 3 1 Traffic Control Plan (Niq Traffic Engineer Stamp Required) L.S. @ Dollars $ $ t 60L ..�C/ Cents Per L.S. 4 1 Furnish Project Traffic ontrol L.S. @ F `""v Dollars $ Cents Per L.S. 5 250 Install TemporaryChain Link Fence (H=6') [See Section 206-6] ` /f L.F. @ ��Vl��^ Dollars $ M $ l��WL -iev" Cents Per L.F. 6 1 Erosion Control Dollars $ -1 $'q Cents Per L.S. 7 250 Remove and Disko o Chain Link Fence (1-1=6'), Posts, and Footing �( ' L.F. @ Dollars $ v $ `/ Cents Per L.F. 8 347 L.F. Remove V-Gutter (W=48" Dollars @ Cents Per L.F. 9 375 Remove Concrete Curb y L.F. ''(CF=6") @ :Crri�/�K Dollars $ $ Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items :�I4:�: ::Qt1�ln. �Cy.. <':::-: aie�ii>�v ... untY:"rr e< :::: >:.::..: <:-::::< :.:.:.::.:::: P................................... ........ •........'4VI"J��tC)tl:f[k:Vvdil•CIS:::::�:�::<`�::-:�::..:..>.:.:�:�:�:�::�:�::�:� ':<` :: >:::.:.:.:.:.:.. ; ::: xte......l.:.:. 10 170 L.F. Remove an se of Metal Street Light Conduit & Wiring @ Dollars $ n �� $ Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ v� �� Dollars . $ `� O $ v Cents Per C.Y. 12 600 TON Construct Asphalt Concrete (D=l .00', Type 1I1-C3 PG 64-10) @ rn•e.� Dollars $ / $ Cents Per TON 13 778 TON Construct Crushed Ag regate Base We ge (@ Toe of Slope) @ Dollars ' Cents Per TON 14 347 L.F. Construct V- uttr (W=36"), Includes 6" Thick C.A.B. [See Section 303-51 @ TYY —Z� Dollars $ .ICJ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 L.F. Painting [See DAtail on Plan @ _ Dollars $ $ Cents Per L.F. 16 175 L.F. Construct Type B-2 oncrete Curb (CF=6"), Includes Curb Painting @ -- '��� Dollars $ 40 $ dC�% Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 L.S. Conductor Wires(includes Connection to Existing Pull Box) @ �t -C�'�" Dollars $ t $ l Cents Per L.S. 18 1 EA. R & R Str et Light Fou ation (L=36", W=36", D=42") @ Dollars $ '( $ Cents Per EA. C-2,3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Iteiii::Est�r�iated�.::: ::::: >Sltein:rvi tint: "rice; :::::::<: : >:::?-:::::.:< ::=::: p. ::` :::::::':::: ;: ;: Exten " ed;::;: � Io:�s `: • ata><t�ty.::; :`:�:�>:�:`:`�`:�`:�,`,�:-��itie�n:[n_�v��rds::`::::;:::::;:-.:;,`::::::::::::: :::<:�:�:�:":•:=:�:-:� P ::..rtce...... oath .. . 19 447 S.Y. Install Mirafi 1 N Geofabric @ *AALA- Dollars $ $ �� ✓ Cents Per S.Y. 20 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) @� Dollars / $ �1 $ �(/iCJ�� X/ Cents Per S.F. 21 498 S.Y. Install Anti -Wash ojute Netting @ 4& Dollars $ to ¢ $ I Q Cents Per S.Y. 22 1 L.S. Constructio Survey @�(� Vl�� Dollars $ �— $ --- r-- Cents Per L.S. Additive Bid Items te>Eri :: stirti 'iod ::: ;: >:::::: teiri:w�tii: tiiiit:"ri>ce ::: >::: >::: >:::: ::>::::::::>:%....:.:.. P•................... . . tten: Ott vvncds::::::::.:::::::::.:.:.::..:.:..:.:.:`•: `: ; :: Unii I't�c Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Maph Ex. ting Wood Screening L.F. @ T �/ ' Dollars TW $ Cents Per L.F. A2 F L.S. Construct 88Valve.hrust Block & ppurtenances Dollars $ 7 � $ 7, 000 Cents Per L.S. C-2.4 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: of3� C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work: Name and Address of Subcontractor State License Number Class 412, 1 4 AWZ - 2/S SZ h ZZ Mtb 1-n Pell -fsi�✓ �77 CIA f: AA) rA 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 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 CITY YARD SLOPE REPAIR, CC-1336, (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: /JA-0 I C-s Contractor IVLA4Ari�' 1 By ta-S 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? U Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. c-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: r Ira V C-7 144c.,r Contractor A - By ,�,/,s Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: axC14VJITlf ? -Cl'l,�O t�+ �.�,�s ()Cnc - Bidder Name / 6-� 5-0 5- Business Address iW' CA q?vD-) City, State Zip 45-1' Ada (qt I- Y&o z & Telephone Number -'71&4o, 4 State Contractor's License No. and Class 111 1175 Original Date Issued 14-L$11 try'` Expiration bate The work site was inspected by Ste' Mid of our office on , 200. The followin are persons, firms, and corporations having a principal interest in this proposal: n- - I &Cf - C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name I U/VVI`� `/ - ."I Printed or T ed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC IL Allzef ��011Q�-7tra'�^arrd T, �, v � P'Md�o a00ltAtd It�le�r aaa � b� , 200_ . A JOSEPH GEORGE HENSON COMM. #1810637 N NOTARY PUBLIC - CALIFORNIA d SAN OIECO COUNTY My Comm. Fxplrss A . 22, 2012 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. Name Name and Telephone No. of Project Manager: �� k - / � a ofno ( b-tO w4<<J + d4tdW'01k. 6 vt? Contract Amount 2. Type of Work Ddte Completed - 7Fa4/161� 16/-x Q/- Name afzd Address of Public Agency Name and Telephone No. of Project Manager: � lz cog Contract Amount Type of ork Date Completed (A4eAreI, //��-��- YAy 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount IrYpe oliWork Date Completed C-10 NONC®LLUSION 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 Ek6� VU116W rl'. �e party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. stwo of Name of Bidder Coymty of S e ni �. � p boom m an ft = ®1�L` �'1Y�,sSignature of Bid r �00 me. e ro be ;ZJOSE. PH C3EORGE HENSOPf Address of Bidder64 ��V COMM#1810637 N NOTARY PUBLIC • CALIFORNIA ^ SAN DIEGO COUNTY �e Subscribed I �`2012 day of , 24 ^ . NOTARY PUBLIC C4 NOTARY SEAL City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name By NZ i2dog Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. INSURANCE.C.,OMPANY KNOW ALL ME BY THESE- PRESENTS, that we, Excavating Engineers, Inc. as Principle, hereinafter called the Principal and the WesternInsurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called surety, are held and "firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent -of Amount Bid Dollars (S 10% of Bid), for the payment' of which sum well and truly to be made; the said Principal and the said Surety, bind ourselves, our heirs, exectitors, administrators, successors and assigns, jointly and severally firmly by these presents; WHEREAS, the Prineipal has submitted a bid for City Yard Slope Repair @ 17371 Gothard Street 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 mariner and form acceptable to Prmciipal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and e d this 22nd day of July , 2009 (Witness) Western Insurance Company (s Bart Stewart,( orn y-In-Fact) WESTERN INSURANCE COMPANY 3.24522 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Bart Stewart, Chris Lydick Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19`t' day of June, 2006. WESTERN INSURANCE COMPANY PAR Q?j00PPORRTo (Signed) By A" `< SEAL i President �l�rE 994 NE,�O G , (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19f' day of June, 2006, before me personally came DICK L. R MAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of sai ny, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the s L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said IT N INSU .WE COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eas t ew the seal i r -Corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so of i .. t5y order of the of Director , 'aid corporation, and that they signed their names thereto by like order as PRESID CRETA Y>v � ecti ely, off any - My n March My Commission expires the i, 2 �g ..................................................... PATRICIA A. LETSON���•�iii�pigned) No[ary Public -State vat(-Y�1^ y 'a• * ncia A. Letson Notary Public : n..oNa ifi;0a•+03'_' [+ rcft 3l, "pt0 = ..................................................... This Power of Attorney is graT�� tter and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAI on June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)- in- Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Pow-erof Attorney is in full force and effect and has not been revoked. In��estimony e f, I have hereunto Set inhand and the seal of the WESTERN INSURANCE COMPANY on this `yi�"day of F, � Secretary: SEAL 1994 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t ��"�::�s �Y �'�:tr�''r?,�,�',��'�-i',c�`�,e�'`:r^r<_�,c=��4'�_.�.':s"'_'�Y�S'�,4"-r',�"r4�'^���•�.�`�.'r��S`�'�.:�'-,r�'��'S2`�i'_"��_4Y State of California Count of San Diego On 2Z /�01 before me. _ Stephanie Bondurant, Notary Public Dale Here %nserr Na—. e and Tiile of (le Offieer perso Ily appeared -_-_-__ _ Bart Stewart Namefs:. of Signers) m STEPHANIE EONDURANT Commission # 1653838 Z Notary• Public - California San Diego County ' My Comm. Expires Mar 24, 2010 pi.Ca'Jotary Sea. AC^ve who proved to me on the basis of satisfactory evidence to be the person; whose name4,:) isAnrrer subscribed to the within instrument and acknowledged to me that hes„ y executed the same in his,=� ,_ 'irauthorized capacity-' and that by his, iYsignature(!9on the instrument the persot­4,t}, or the entity upon behalf of which the persontt 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 an official seal. Signatt ------ ,3rr lure a! tdolar� �ubt:C "� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relytng on the document and could prevent fraudulent r emova! ann tea tachmert of this form to another document. Description of Attached Document Title or Type of Docurnent:-__--_, Document Gate: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Bart Stewart Individual -'... _._. , Corporate Officer — Title(sl' Partner — _. Limited Genera! : n X Attorney In Fact Trustee Guardian or Conservator Other:. - --------- i Signer Is Representing: ____ Number of Pages: e nl� i LSC Construction ��r?��.Z,��::�;'crv�G _cam:t;�v;Cy ;c�%�;r,Z;i t;c�,•c� •r',�.-_ t�� ; <vti<—{,�;��<,!'ti. rr�„n�,� �;r.�r%�.t 2;Y��`c �'��r��.>��rti4 %t;'';; .,Lt.: 4:e �C Bo. -r. _=� e 2�J%•....e..o; o,.a ld.,.� , `en, n,9;' w.,a 4r-_ai; F .:e .a'ri a'_• f,2" Signer's Name:.- -__---------- _ Individual Corporate Officer — Title(s) Partner — . Limited General Attorney in Fact Trustee Guardian or Conservator Other. Signer is Represen.;ne City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92 648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Garcia Juarez Construction, Inc. P O Box 309 Brea, CA 92822-0309 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cf -/R9 44Rfff,q5MWtwr"Tafg4&, New Zealand ( Telephone: 714-536-5227 ) 0 SECTION C PROPOSAL, for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Rek)Q45 in the amount of $ /O °'a 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). Bic C-2 PROJECT BID: TOT SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: $ l 7 Ll , 6) Too C-2.1 PROJECT DID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Iteiri: >�st�i�iated .............. :::::::'»»: Itetu:ith: un�f::rLce.:<:::::>;>::::>:_; : :.:.:::::::::::::: > '`::.:::: : »Ezfieniled:.: ...... t' ." : ::�� ::::vvi itteii:Eri wriirds:::'>:::-"`:.`:.:.:.:.::.:.:.:.:.>::.:.:.:.:...: :::::::�:�::�:... . ``t>`'' :->:ITi.. P>rtee.. . t:::: tam v+�n.... 1 1 Mobilization� L.S. `-f / @ Y iy-e 0 ,t PwC Dollars $ 5 M $ ChDD,'— �� 6 Cents Per L.S. 2 1 Clearing and Grubbing a� �4 ` L.S. l Ile Mars $ -!OeV, $ @ 2 G 6 Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ C Dollars �r D Cents Per L.S. 4 1 Furnish Project Traffic Control L.S. ./ @ �w C) I GIGA 0-5 Ctl-ta Dollars $ $ 0cog— Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 ' L.F. @ f'Wy Dollars $ 2."— $ 57CC'-` Cents Per L.F. 6 1 Erosion Control L.S. @ Crt `E 1(/(CCL-5Ci°I.cj Dollars $ CJo�— $ Oop— Fle Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ �jnC� Dollars $_ P t-� Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ (M SIP Dollars $ $ 2041. - 7--e'p - Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") L.F. @ ©n Dollars $ 1. — $ .37 s, 27ern Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Ite�ii:: �sttiiiated ..............Ytetii:aitti::uQ�t: rice: P............................................................................... >'+To:.......... :::vuritteri vtifurds: > ......._>..... ;:`ITir<it:t*tice':..... 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring L.F. @ �1✓ 0 Dollars $ 2. $ � 4- e�� Cents Per L.F. 11 786 C.Y. Unclassified Excavation �/ l h Dollars $ 3q, ^ $ Sg @ I —2 efQ Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ C)_ ollars $ $ (9D Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ �,�J-L' ►'1 J' Dollars $ d. $ S Cents Per TON 14 347 Construct V-Gutter (W-=36"), Includes 6" Thick C.A.B. [See Section 303-51 i L.F. @ T Li C-*-'y Dollars $ 21 $ / -6 - Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb ' .a' 15 200 Painting [See Detail on Plan] L.F. @ 7 1,�-`er.U� y 1 W O Dollars $ 2 2, .--- t, $ Tim Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. @ �%-� P.�+ t . Dollars $ q 2. $ 3� Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light s 17 1 Conductor Wires (Includes Connection to Existing Box) L.S. Pull @ L% o V (/1G2.w ew Dollars $ 20M $ 2 d Cents Per L.S. 18 1 R& R Street Light Foundation (L=/3�6", W=36", D=42") EA. @ —r— 0 Y VV t-5&Md Dollars $ $ do o . `Lf Cxo Cents Per EA. C-2.3 rjN%JJL` s— 1 "I" 0%_XLL` "UH1L` City Yard Slope Repair, CC-1336 Base Bid Items ....... .............. . xfieri'.. wwwww2::..uan...................wllit�e i:E>t>�. . hd 19 447 S.Y. Install Mirafi 1120N Geofabric S't Dollars @ Cents Per S.Y. 20 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) �' tl P Dollars @ Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting 25s S.Y. @ •5;7 X Dollars $ $ Cents Per S.Y. 22 1 L.S. Construction Survey @ (,fie, Get.&•S"dDollars ' $ - - ;?" e-r 0 Cents Per L.S. Additive Bid Items Item :: :.;....... o ::::Qua stiriiated •............. :City:::::::::::::::::::::::::::::::::::::wry :::::::::::::: ::..te�ii: itti: uii►Y:' ' 'ice ::::::::::::::::::::::::::::::: P..................................... .....:.........:.:.:.........; •........ •.... ........ ........ . ie :itr: ►� ds:::::::::::::::::::::::::::::::::::::::::::::... ::::::::::::::::.:.:.:.:. .. ::Tiii Pi1ee :: ................. . xte..... l.:.:.: iii.' itf::: ::: A na ................. Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ Dollars $ 40,.--- $ Cents Per L.F. A2 1 L.S. Construct 8" Water Valve _Thhrrusstt,Bloockk &� Appurten ces @ CY ' `� Y ie,04,j-7 Dollars $ _ $ Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I I Number 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 ,_Ji i►-L�!a CS 0-''1, , being first duly sworn, deposes and says that he or she is (r-e--w of Garcia Juarez 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. PO. 4®x 3 5, Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE Oy �. 4a.,.. _ c�, a .? . envc..4oaRo a . �.<..�a �i� ..sa �S.• tea. _ .� . �.a, s�ar�. Ta..�. ea.. �.,.. .� ', tea., a_ �vs�.�: a. State of California County of Orange On 7 aw c1 before me, R. Haas -Bates, Notary Public Dale/ Here Insert Name and Title of the Officer personally appeared Jim Jackson Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/are subscribed to the within instrument and acknowledged to me that °� , G �r � w he/ Ahey executed the same in his ' authorized AXE., :-BATES `) ` 1, C()f�li�. #� Z79filb9 capacity( ), and that by his/herAhei;= signature(4 on the r.otaRv, UIA E' IC - CALIFORWinstrument the person(s}, or the entity upon behalf of �, Fo�N, Car9irl, i XFi'C . PRiI� NTY 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. Place Notary Seal Above Signature' ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson Individual M Corporate Officer — Title(s): President & Secretary Partner — -i Limited r' General _ Attorney in Fact • Top of thumb here 71 Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: L Individual ❑ Corporate Officer — Title(s): — i � Partner — ❑ Limited r` General Attorney in Fact D Trustee Guardian or Conservator `, Other: Signer Is Representing • Top of thumb here z@ 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 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 CITY YARD SLOPE REPAIR, CC-1336, (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: /� 2 / Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes E'No If the answer is yes, explain the circumstances in the space provided. yJa S L4 b` 2_ �� �-7� -r ✓� f 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: 7 z 7 Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title = Date: i 2 -70-' Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Garcia arez Construction Inc. P.O. BOX 309 Business Address City, State Zip (q51 ) 6577- .3535 Telephone Number g9 9yn] 4 State Contractor's License No. and Class G3 cam- aoo S� Original Date Issued Oc - V/ 6 Expiration Date The work site was inspected by of our office on RV , 20 0 The following are persons, firms, and corporations having a principal interest in this proposal: Garcia Juarez Construction Inc. 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 pl Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC , 200_ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 9 K3 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 State of California County of Orange On TV !A ' 001 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jim Jackson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/are subscribed to the within instrument and acknowledged to me that R- H n, > B A P � � he/she" executed the same in his/authorized tUPEY '. COMM. 479 capacity( ), and that by his/heOhei signature(4 on the n1�)NOTARY P!lauc • CSIi` ?n°,i„ . instrument the person(s}, or the entity upon behalf of 0 R A N G C0;UNTY C' COMM. EXPIRES r1rn;1. 22, zole - 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. Signature , Place Notary Seal Above Signature-ofSignatuff-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: Jim Jackson ❑ Individual Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General Attorney in Fact • Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. I Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): i � Partner — l Limited General Attorney in Fact C Trustee Guardian or Conservator 71 Other: Signer Is Representing: Top of mumb here 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• www,NationalNotary.org Item k5907 Reorder: Call Toll -Free 1-800-876-6827 Rev 04/30/09 G"CIA TUAREZ CO NSTRUCTIOI r INC. Contract References City of Fullerton, $1,247,318 "Gregory/Chapman Area Sewer" Contact: Mr. Pete Acosta (714) 732-9060 Start: April '09 - Complete: In Progress" Project Summary: 3900' of 8" VCP, 700' of Pipe Bursting, 2400 TNS of AC Paving City of Fullerton, $1,492,891 "Carhart Area Sewer" Contact: Mr. Murdock Miralaie (714) 595-6720 Start: February '09 - Complete: In Progress" Project Summary: 7500' of 8" VCP, 2600 TNS of AC Paving City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: November '08 - Complete: In Progress Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $351,708 "Mountain Avenue" Contact: Mr. Leo Lopez (626) 607-7579 Start: March '09 — Complete: April '09 (on time) Project Summary: 1650 TNS of AC Paving, Flatwork City of Anaheim, $572,821 "Citron Avenue Sewer" Contact: Mr. Sean Razmy (714) 765-5059 Start: December '08 —Complete: February '08 (on time) Contact: Mr. Dave Elseroad (714) 765-5293 Project Summary: 2100' of 12" and 10" VCP, 90, OOOSF of AC Paving Los Angeles County Dept. of Public Works, $1,770,868 "Puddingstone Dam Waterline" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: October '08 - Complete: April '09 (on time) Project Summary: 6000' of 10" and 6" Fusion Bonded Steel Pipe Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sept. '08 - Complete: October '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: August '08 - Complete: September '08 (on time) 2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: July '08 — Complete: September '08 (on time) 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving City of Tustin $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Start: June '08 - Complete: August '08 (on time) Contact: Mr. Terry Lutz (714) 573-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement Rev 04/30/09 City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 863-8020 Project Summary: 3509' of 30" CML&C Steel Pipe, Paving, Slurry Seal City of Ontario, $1,544,221 "Recycled Water Pipeline Project" Contact: Mr. Franz Guardia (951) 768-9214 Start: February '08 - Complete: August '08 (on time) Project Summary: 8003' of 12" and 8" Steel and PVC Pipe, AC Paving City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope Inland Empire Utilities Agency, $1,036,060 "Recycled Water Distribution Facilities - Phase II" Contact: Mr. Justin Vanfleet (949) 697-2093 Start: April '08 - Complete: July '08 (on time) Project Summary: 1768' of 42" CML&C Steel Pipe, Paving City of Anaheim, $1,020,260 "Lincoln Avenue Sewer" Contact: Mr. Jay Kalan (714) 369-2081 Start: June '07 - Complete: September '07 (on time) Contact: Mr. Sean Razmy (714) 765-5059 Project Summary: 3255' of 15" and 10" VCP, Manholes, Paving Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving City of Rosemead, $749,507 "Street, Storm Drain, and Street Lighting" Contact: Mr. Tom Harbour (417) 770-2898 Start: March '07 - Complete: June '07 (on time) Project Summary: 801' of 24" RCP, 876' of Street Lighting Conduit, Street Replacement City of Rancho Palos Verdes, $399,234 "Forrestal Swale Drainage Improvements" Contact: Ms. Bindu Vaish (310) 544-5254 Start: December '06 -Complete: February '07 (on time) Contact: Mr. Jim Pugh (805) 602-0891 Project Summary: 350' of 24" HDPE Pipe, Pipe Anchors, Slope Rehablilitation County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: October '06 - December '07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T-lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $4,638,222 "OC-9 Water Transmission Main" Contact: Mr. Mike Hitt (714) 292-2140 Start: December '05 - Complete: March '07 (on time) Project Summary: 12,152' of 24" DIP, Siphons, Blow -offs, Air -Vacs Rev 04/30/09 Los Angeles County Dept. of Public Works, $455,581 "Ditman Avenue Storm Drain" Contact: Mr. Johnny Oghoorian (626) 607-7587 Start: Jan '07 - Complete: Feb '07 (on time) Project Summary: 926' of 48" and 24" RCP, Catch Basins, Manholes, Paving City of Fullerton, $1,987,032 "Lemon — Rosslynn Sewer" Contacts: Mr. Eliseo Bravo (714) 932-7506 Start: July '06 - Complete: Oct'06 (on time) Contacts: Mr. Murdock Miralaie (714) 595-6720 Project Summary: 5537' of 2 1 " and 8" VCP, Manholes, Jack 42" Casing, Paving Western Municipal Water District, $475,594 "Wood Road Irrigation Pipeline" Contact: Mr. Greg Alexander (951) 712-6566 Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 2888' of 12" PVC, Blow -offs, Air -Vacs, Paving Golden Rain Foundation, $139,265 "Perimeter Wall Project, Section G&H" Contact: Mr. Carlos Martinez (562) 431-6586 (#371) Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 3127' of Perimeter Block Wall Los Angeles County Dept. of Public Works, $2,147,168 "Kenneth Hahn Storm Drain" Contact: W. Mark Bruschaber (818) 370-3881 Start: Nov '05 - Complete: July '06 (on time) Project Summary: 461' of Tunnel for 60" RGRCP, Jack 432' of 42" RGRCP, Soil Remediation City of Huntington Beach, $230,865 "Residential Storm Drain" Contact: Mr. Jeff Gibbons (714) 401-5008 Start: Sept '06 - Complete: Oct '06 (on time) Project Summary: Flat Work, Paving, Cross Gutters, Ped Ramps City of San Clemente, $1,066,744 "Calle Las Bolas Storm Drain" Contact: Mr. Gary Voborsky (949) 279-9730 Start: May '05 - Complete: Aug '05 (on time) Project Summary: 2148' of RCP, 1369' of 8" PVC (Water), Catch Basins, Manholes, Paving Los Angeles County Dept. of Public Works, $493,082 "112"' Street Replacement" Contact: Mr. Joe Baker (562) 405-5715 Start: Aug '05 - Complete: Sept '05 (on time) Project Summary: Street Replacement, Flat Work, AC Paving City of Palos Verdes Estates, $77,500 "Beach Club Access Retaining Wall" Contact: Mr. Jim Pugh (805) 602-0891 Start: Sept '05 - Complete: Oct '05 (on time) Project Summary: Reinforced Concrete Piles for Retaining Wall County of Orange, $189,479 "Federal Storm Channel" Contact: Mr. Rick Allen (714) 448-8552 Start: Nov '05 - Complete: Nov '05 (on time) Project Summary: Reinforced PCC Channel Lining Los Angeles County Dept. of Public Works, $179,915 "Private Drain 996 (Victoria St.)" Contact: W. Rene Bracamontes (310) 487-9254 Start: Jun '05 - Complete: Jul '05 (on time) Project Summary: 6'W X 24"H DBL RCB Channel, Transition Structures e � . City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the s ecified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Nu er On , dat d Jul 16, 2009. Garcia Juarez Construction Inc. Company Name y 712 7 0 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Garcia Juarez Construction, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten percent of amount bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for City Yard Slope Repair the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of July 2009 M uarj6z Construction. Inc. (Witness) Principal ITS: P r as The Guarantee Company of North America USA BY: William S rkin Attorney -In -Fact State of California County of Orange On Itt -27 )-D0T before me, R. Haas -Bates, Notary Public % Dates Here Insert Name and TRIe of the officer personally appeared Jim Jackson UtW t 4 w5 UTAkY iµ r r 4 i .;Ili;.. ,"FOPH� MIMI. C,i lii �:S Qr'r ;L7. ! t �)1G 7 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sh� executed the same in his/4erl#iek authorized capacity0"), and that by his/ber{ Po& signature(&} on the instrument the person(*, 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 n� Signature oflTotary 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: Jim Jackson ❑ Individual M Corporate Officer — Title(s): President & Secretary Partner — Of Limited ❑ General Attorney in Fact Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): _ • Partner — ❑ Limited Li General Attorney in Fact Trustee 71 Guardian or Conservator El Other: Signer Is Representing: RIGHTTHUMSPRF 1OF, SIGNER --- Top .thumb heri 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 � ' '�1 x•' a 1, � _ � - i -♦. , _ �a � -� � � _._ ,� 9stwc�. � �L . ♦ :�. � �cav�. �D .. p?�r.'rJ aJ. vi R .. � , •a :A..... '3 sa, n. n'aJ. w iD �..m.? � ♦ �gw Via. �]. . State of California County of Orange On 07/22/2009 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(G) is/efe subscribed to the within instrument and acknowledged to me that he/she/tl° executed the same in his/he#4haix authorized HA _)ATES capacity(ies.), and that by his/heFAheiF signature(4 on the V .. a e.1,^ : }, .,. -y �,"• tj is 3. " ;Y .;: ,` _ �;. a person(*, or the entity upon behalf of instrument the erson =;E' which the persons}acted, executed the instrument. s , ;aye t'a 0 'UiviM EXPIRES APRIL 22, 2012 7 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. fl Signature �OCL� bp Place Notary Seal Above Signature of Notary Public d 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): r' Partner — El Limited [A General ❑ Attorney in Fact • Trustee Top of thumb here L Guardian or Conservator 7 Other: Signer Is Representing: Number of Pages: Signer's Name: Individual l Corporate Officer — Title(s): Partner — ❑ Limited ` General -_ Attorney in Fact C Trustee Guardian or Conservator Other: Signer Is Representing: a q. Top of thumb here 02007 National Notary Association • 9350 De Soto Ave. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www Nat,ona1Notary.org Item 45907 Heorder Call Toll -Free 1-800-816-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OFATTORNEY KNOW'ALL BYTHESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH-AMERICA USA, a corporation organized and existing under the laws of the'Siate of Michigan; having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, "shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USXastully and amply, to ail intents and purposes, as if the same had, been duly executed,,and acknowledged by its regularly elected officers at the principal, otfrce. The Powee of Attorney is executed and may be certified so, and may be revoked; pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted"bg,:the.Boaril of.Directors of THE GUARANTEE I COMPANY OF NORTH AkEMCA USA at a me'eting,heiclron the 3:r°r day of December; 2003. The President, or`any Vice President, acting with any Secretary or Assistant Secretary, shall^have power and authority: 1. Tp appoint Attorney(s)win-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and.undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and To revoke, at any time, any such Attomey4n-fact and revoke the authority given, except as provided°below 3. In connection with obligations in favor of the Kentucky Department of Hlghways:only, it is agrees!<thatthe power and authority hereby given to the Attorri0on-Fact cannot be modified or revoked unless'prior, written personal notice of, such intent has been given to the Commissioner — Departmentof Highways of"the Commonwealth of Kentucky atteast thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and.held on,the 31'r day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Powier'of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused _aplITEE this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 13th day of November, 2007. G THE GUARANTEE COMPANY OF NORTH AMERICA USA 4 ~'nlAMtR�'r � d .STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 13th day of November, 2007 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, i have hereunto set my hand at The Guarantee Y.40 '` Notary Public, State of Michigan Company of North America USA offices the day and year above written. x: County of Oakland °fix My Commission Expires February 27, 2012 •=..�.:,,n.Y. Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 22nd day of July, 2009 Randall Musselman, Secretary AME ' p City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Grand Pacific Contractors, Inc. 680 N. Cota Street Corona, CA 92880 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand ( Telephone: 714-536-5227 ) Grand (Tacfic Contractors, Inc. 680 X. Cota Street Corona, C 4 92880 . 2GG9 JUL-1CB,,- rim 1: 41 SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. . BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: $ , 3, Q 2 (, SSa TOTAL BASE BID AMOUNT IN WORDS: V is u--s&,*i w a s C-2.1 PROJECT DID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items IteYii:: Est�ciiated :::::::::::: tOh: With: ::::::::::::::::::::::::::::::::::::::::::: . .:i'.�:::. Quan{iiy : ...P.......................................................... �:�:::�::�:�:�:.:.:.::.:.:�:�: wirittein=:En:.::�:�::�:�:.. . ..::::::.:........ u f:: 1 1 Mobilization A L.S. @ V.e- `"��(ID(.1,5lt•0'1� Dollars O OR $ 5- bQ0. CrC -2— Cents Per L.S. 2 1 L.S. Clearing and Grubbing %f @'�jAJ �G LA-5 0,01d Dollars $ 20 ooO,w $ 20 600O Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ 1,-�'[ �Q 1 4l'LU-Y•,,jDollars $ l $ l,• oz -x o Cents Per L.S. 4 1 L.S. Furnish Project Traffic Control @ JG./ ICJ Dollars $ _ $aDb• 2_4P_Y0 Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-6] ' L.F. Dollars @ '"[ Vl l,n✓` 2 $ $..�437 1 1%Qr Cents 1[.�/�� Per L.F. 6 1 Erosion Control L.S. ,, � @ I JM +hDWO- ,^�I Dollars $3 _Z"p Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing ° L.F. @ �,2,t�1 Dollars $ $ Z.C,r Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ • UL%. Dollars $ 00 $ �%.5 ?�Q�Q Cents Per L.F. 9 375 Remove Concrete C b (CF=6") L.F. @ Dollars $ 5S. M $ 75•0 -7ye, li•Ci► D Cents Per L.F. WIS C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items P..................... :............:::: .......................... ::: Eacfieuilecl:: : ... ...................................... :::::::::=:::::::::::::::::::::::::::ITt►l..�tWe....... 10 170 Remove and Dis se ofMetalStreet Light Conduit & Wiring L.F. @ 91-}�.Q�Q p'l Dollars $ $ Cents Per L.F. 11 786 C.Y. Unclassified Excava ion @ Dollars $ a 00 $ �rJ���• Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) ' TON @V _Dollars �-7 $ f �' $ y1�f moo. Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) A r TON @ 1 I(t.I 1/ B/R- Dollars $ • OD $ �� 6, 2.2.I�o Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick;CA.B. [See Section 303-51 L.F. @ a Q +1C�r 2 s'2�t1���`/ Iiars $ 17S� 00 $ b ®) 71 Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ `CW r LL,, Dollars $ .=3D . 9D $ t�o�• Z&D Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb CF=6"), Includes Curb Painting i L.F. @ .�/1 • V Q Dollars $ • DD $ 7,Q� b Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 L.S. Conductor Wires (Includes Connection to Existing Pull Box) Rve *6usa4 dne �Ar4 0Aoll rs $.�, 14,.o'0 $ < I'2 S @ Cents Per L.S. 18 1 R & R Street �Light Foundation (L=36", W=36", D=42'") �y D1eJ & EA. @ 6f1e 4k9 0V-YV rt.e �dO ars $ Cents Per EA. L C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items teth:::Esit�iated .::::::::. ::::::::::::::: 3tein: w►tti: tinW rice::':':':':':':::::::::::::::::::::::: ........... . ::: Exten>Eleii : : ::::::;:::.:::::::............:.............. ....................................................................... .................................... ......:::::::....::::::::::::::i1t�i..P ..: ee....... 19 447 S.Y. Install Mirafi 1120N Geofabric w @ 4-I(1,Yp- AaR Dollars $ .3 • 5O $ _P Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) S.F. @ 4-wo Dollars $ $ R_—P- Cents Per S.F. 21 498 S.Y. Install Anti -Wash / G jute Netting @ ' MLI_ l Dollars $ GHQ $ 1 4-UQ Cents Per S.Y. 22 1 Constructs Survey L.S. @ L UVQ Dollars S 1 ��• Lam` Cents Per L.S. Additive Bid Items W A L) �S��oa6�s tent :: ............... Nn ... Esiiixiated Qt....... :::::::::::::::::::::::::: ::::::::::::: gfie�n:with: unit: rice:::::::::::::::::::::::::::::::.::::::::::::::::: p.................................... .....:....:.....:..:...:.:.:.....:.... .. yvri e�i::tn; Aid.....::::::::::::::::::..................::fin............................. .. it P Exteriileel . Construct New Chain Link Fence (H=6'), Includes Wooden Privacy ' Al 250 Screening to Existing Wood Screening L.F. Match @ Z* x GC^ Dollars $ •� $ Cents Per L.F. A2 1 Construct 8" Water Valve, Thru t Block & Appurtenances L.S. @'� Ql'1 . Fk � Dollars $ 0,004,14 $ U 01,60 Cents Per L.S. L C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I I Number 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 BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange ,W , being first duly sworn deposes and says that he A;: kA is Of �t y�(,� �� k�o� C,i i c ct7vL r& L he parly making the foregoing bid that the bid is not made in the interest of, or on the behalf of 'any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address of Bidder Subscribed and sworn to before me this Aday of , 20 Oq . MA1- M SPARKMAN CCMNI- # 1783996 z n $ % N0 RY?'lU'iLIC - CALIFOR c:mNIA� R'VEXSME COUNTY �Cm. Ex�,�Q� sec. 31�, 701 �� NOTARY PUBLIC aI. , NOTARY SEAL C. - 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 CITY YARD SLOPE REPAIR, CC-1336, (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: -7, 30 •j� a V-O-r j Pau-�'c Contractor 0,-JEV Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following 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 1 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: �7' 'V- 1 b I-, KqA4 RL CA �b 4AY t4o V S Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: C-�,Iwj 'Ltnk3kLU4r--1rS -Tnc . Contractor By �'eb Title Date: A •607 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: r G 1,f)V vQ_ClnY-S Bidder Name &jb -- Business Address City, P51) - 9 gc?J Telephone Number a,4 State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected by SM of our office on , 20M The following are persons, firms, and corporations having a principal interest in this proposal: A4ED &A=j Ty--�PAS 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. Printed or Typed Signature Subscribed and sworn to before me thisipDiay of , 200q . NOTARY PUBLIC MARM SPARKMAN a A CCP 111"J. 1783996 < NOTARY PUBLIC - CAL.IFORNIA5 a / RiVERSIDE COUNTY � My Comm. Expires Dec 30, 2011 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency 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 ('-3V'0tA11C4 Pkrj'4(' START , FINISH TYPE OF WORK VALUE OF WORK LOCATION OF WORK WORK PERFORMED FOR 4/20/2009 4/27/2009 Curb & Gutter Placement $22,548.83 Challen Park City of Riverside 6/1/2009 Retaining wall, grading, etc $137,352.00 Cottage Grove Road County of San Bernardino Basketball Court $58,650.50 Rutland Park City of Riverside 3/3/2008 7/27/2008 Street Improvements $1,501,754.31 Old Elsinore Road County of Riverside 3/31/2008 4/22/2008 Basket Ball Court Rehab $26,720.00 Patterson Park City of Riverside 4/23/2008 7/8/2008 Street Improvements $428,988.00 Various Locations City of Moreno Valley 5/5/2008 5/26/2008 Street Improvements $51,002.40 Date Street County of San Bernardino 6/30/2008 10/8/2008 Street Improvements $363,391.99 Ironwood Avenue City of Moreno Valley 7/17/2008 10/9/2008 Road Improvements $668,334.31 State Hwy 173, Arrowhead CalTrans 7/21/2008 8/13/2008 Storm Drain Repair $81,765.72 Coal Canyon Road CalTrans 8/15/2008 3/14/2009 jTrail Improvements $1,132,929.68 East Avenue @ Baseline City of Rancho Cucamonga 11/6/2008 4/13/2009 Detention Basin Construction $553,277.75 Randall & Meridian City of Colton 12/5/2008 3/20/2009 Drainage Improvements $284,028.60 Marshall Creek, Beaumont City of Beaumont 12/8/2008 3/12/2009 Channel Improvements $503,100.00 St. John's Channel, Hemet Metropolitan Water District 1/8/2007 1/31/2007 Street Widening $160,998.50 Phillips Street Ontario City of Ontario 2/26/2007 5/30/2007 1 Park Road Improvements $747,264.25 Glen Helen Park San Bernardino County 3/12/2007 6/5/2007 Sidewalk Construction $539,495.00 Greenpoint Ave & Lake St City of Riverside 3/27/2007 4/30/2007 Storm Damage Repair Roads $790,279.60 Rancho California Road County of Riverside 4/10/2007 5/31/2007 Storm Damage Repair Roads $1,679,097.001 1 Deluz Road I I County of Riverside START FINISH TYPE OF WORK VALUE OF WORK LOCATION OF WORK WORK PERFORMED FOR 7/9/2007 9/4/2007 Box Culvert $272,920.00 Almond Street City of Rancho Cucamonga 9/4/2007 4/11/2008 Street Improvements $484,102.70 Central Ave @ T" Street City of Chino 8/16/2007 9/17/2007 Street Improvements $126,298.76 Holt Blvd @ Cherry Ave City of Ontario Revelopment 8/21/2007 9/17/2007 Slope Remediation $69,900.00 35 View Point Circle City of Pomona 8/6/2007 10/5/2007 ADA Access Ramps & Sidewalk $260,524.16 Various Locations City of San Bernardino 9/5/2007 10/26/2007 Manzanita Tank Drainage Improveme $111,300.00 10955 Pettit St. Moreno Valle EMWD 9/17/2007 5/15/2008 Mountain View Center $634,937.85 243 @ 74 Highway Cal Trans 10/8/2007 10/9/2007 Demo - Houses $9,532.00 804 & 808 Greenwood, Ont City of Ontario 11/30/2007 2/20/2008 Drainage Improvements $289,688.65 La Senda & Etiwanda City of Rancho Cucamonga 12/3/2007 12/14/2007 Meridian Ave Drainage Improvement $69,368.00 Birch to Poplar St City of San Bernardino 1/6/2006 1/23/2006 Inlet Restoration $89,330.00 Hemet County of Riverside 2/27/2006 4/21/2006 Concrete Repair $238,628.25 Various Locations City of Redlands 3/31/2006 4/28/2006 Reservoir Sitework $150,025.00 Gafford Street Elsinore Valley Water Dist 4/10/2006 5/5/2006 Road Repair $763,487.48 Nielson Road, Phelan San Bernardino County 5/9/2006 9/27/2006 Trail Restoration $1,849,821.09 Lake Gregory San Bernardino County 7/27/2006 10/4/2006 Culvert Replacement $267,369.06 N. Bay Road San Bernardino County 8/23/2006 10/3/2006 Box Culvert $81,924.00 Orange Street City of San Bernardino 9/5/2006 10/12/2006 Road Repair $608,165.63 Pauba Road County of Riverside 10/9/2006 12/18/2006 Storm Drain Improvements $866,244.37 Barton Road City of Loma Linda 10/30/2006 11/7/2006 Reconstruction of Storm Drain $96,768.28 Jenny Lane County of Riverside 12/12/2006 12/20/2006 Ball Field Improvements 1 $105,319.001 1 Butterfield Park City of Corona START FINISH TYPE OF WORK VALUE OF WORK LOCATION OF WORK I WORK PERFORMED FOR 1/12/2005 2/16/2005 Site Work $312,637.35 Santiago High School Corona -Norco Unified School Dist 3/3/2005 10/2/2005 Erosion Control $1,098,527.25 Various Locations City of Rancho Cucamonga 3/21/2005 6/21/2005 Retaining Wall $521,109.86 Citrus Way City of Corona 7/19/2005 9/26/2005 Culvert Repair $431,142.98 Napa Street San Bernardino County 9/6/2005 10/24/2005 Retaining Wall $177,623.99 Longview Drive San Bernardino County 9/19/2005 11/7/2005 Invert Repair $533,396.27 City Creek San Bernardino County 10/21/2005 11/15/2005 Sediment Project $260,675.75 Alessandro Dam County of Riverside 11/2/2005 12/6/2005 Slope Stabilization $97,698.71 Zurich Drive San Bernardino County 11/8/2004 1/3/2005 Bank Protection $397,894.57 Waterman Creek San Bernardino County 11/15/2005 12/15/2005 Debris and Sediment Removal $73,333.00 Ortega Channel County of Riverside Flood Control 11/17/2005 12/6/2005 Storm Drain Repair $73,350.00 Murrieta Creek County of Riverside Flood Control 11/28/2005 12/15/2005 Debris Clean up $123,543.07 Cota Street City of Corona 1/28/2004 5/21/2004 Site Work for Relocatable Bldgs $987,972.16 2820 Clark Street Corona -Norco Unified School Dist 5/18/2004 5/25/2004 Site Work $44,188.30 Garretson Elementary Corona -Norco Unified School Dist 5/18/2004 6/12/2004 Site Work $150,075.21 Adams Elementary School Corona -Norco Unified School Dist 5/18/2004 6/30/2004 Site Work $456,389.14 Jefferson Elementary Corona -Norco Unified School Dist 6/21/2004 7/8/2004 Block Wall & Gates $55,055.39 2940 Wilderness Circle City of Corona 6/21/2004 8/31/2004 Water Treatment Plant $133,698.67 2940 Wilderness Circle City of Corona 7/19/2004 7/26/2004 Site Work $34,680.12 McCall Blvd County of Riverside 8/13/2004 8/14/2004 Site Work for Relocatable Bldgs $5,933.00 Santiago High School Corona -Norco Unified School Dist START FINISH TYPE OF WORK VALUE OF WORK LOCATION OF WORK WORK PERFORMED FOR 8/17/2004 8/19/2004 Site Work for Parking Area $14,850.00 Santiago High School Corona -Norco Unified School Dist 8/24/2004 9/16/2004 Bank Protection $191,875.58 Oak Creek Basin San Bernardino County 9/20/2004 10/15/2004 Site Work for Relocatable Bldgs $154,600.00 Centennial High School Corona -Norco Unified School Dist 9/20/2004 10/20/2004 Multi -Purpose Building Site Work $270,629.23 Jefferson Elementary Corona -Norco Unified School Dist 11/8/2004 1/3/2005 Bank Protection $401,148.84 Waterman Creek San Bernardino County 12/10/2004 12/23/2004 Site Work $131,965.42 Adams Elementary School Corona -Norco Unified School Dist 12/16/2004 12/30/2004 Emergency Drain Improvements $490,744.00 Greenwood Ave San Bernardino County 1/31/2003 5/12/2003 Clearing & Grubbing $813,389.82 Dos Lagos, Corona Temescal Canyon Properties 6/9/2003 7/18/2003 Pond Rebuilding $321,867.60 Dos Lagos, Corona Temescal Canyon Properties 4/9/2003 ' 5/8/2003 Custom House Pad $69,609.80 Duncan Way, Corona Robert Troy Properties 7/1/2003 9/15/2003 Grading $1,007,071.00 1 Moreno Valley Campus Riverside Community College 9/4/2003 12/29/2003 Grading $39,600.00 Training Center, Ontario Ontario/Montclair School Dist 1/21/2003 1/22/2003 Angel Mix on Ballfield $22,280.00 Cany Lake Middle School Lake Elsinore Unified School Dist 8/11/2003 11/7/2003 Parking Lot $212,779.20 Ontario Ave, Corona Faith Bible Church 5/1/2003 7/10/2003 Demo $86,600.00 Various City of Riverside 1/24/2003 2/5/2003 Grading & Erosion Control $41,529.00 S. Main St., Corona B & C Construction 9/22/2003 9/30/2003 1 House Demos $18,323.00 Various City of Loma Linda San Bernardino County Dept. Public Works & Flood Control 825 East Third St. San Bernardino, CA 92415 David Doublet (909) 387-8104 San Bernardino County Dept. of Architecture & Engineering 385 N. Arrowhead Ave. San Bernardino, CA 92415 Paul DeArmond (909) 387-5000 Riverside County Transportation Department 14th St. Annex, 3525 14th Street Riverside, CA 92501 Stan Dery (951) 955-6780 Riverside County Flood Control 1995 Market St. Riverside, CA 92501 Dale Anderson (951) 955-1200 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. GYam Company Name a Y" C y - :;)ID - r n Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. 1171�_M INSCO INSURANCE SERVICES, INC. insc%1C® Underwriting Manager for: IRRC0)MUD Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Grand Pacific Contractors, Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto City of Huntington Beach ereinafter called the Obligee) in the full and just sum of Ten percent of amount bid Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents_ WHEREAS, the said PRINCIPAL has submitted the accompanying bid for City Yard Slope Repair - 17371 Gothard Street NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, 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 21 sl day of July 2009 YEAR Grand Pacific Contractors, Developers Surety and Indemnity Company. Surety 11,1131KI Z `- By: �-' " Principal Pamela McCarthy, Ad ey-in-Fact ID-1198 (Bid Bond) (REV. 1101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California /) ss. County of San Bernardino On July 21, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy 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 CYNTHIA J. YOUNG within instrument and acknowledged to me that she COMM. # 1806614 z executed the same in her authorized capacity, Z =�� NOTARY PUBLIC - CALIFORNIAK and that by her signature on the instrument the 5AN BERNARCOUNTY person, or the entity upon behalf of which the person " My Comm. Expiress July 15, 2012 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. Signat V f Notary Publi 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: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, 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 Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations he, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By. . 'ryt t AND Stephen T. Pate, Senior Vice President yJ�. OpPORgl F�'� am;` OCT. :< ;n" 10 ?c� By. Charles L. Day, Assistant ry tioj t 9 3 6 ;ate Secrets /o W.. ,.. . State of California County of Orange * On January 1st 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) CHRISTOPHER I ROACH o COMM. # 1745939 NOTARY PUBLIC CALIFORNIA ORANGE COt1NTY my comet, expires May 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the_�?/ day of Q� By: Albert Hillebrand, Assistant Secretary ID-1 380(VVet)(Rev.07/07) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 Hillcrest Contracting P. O. Box 1898 Corona, CA 92878-1898 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister die°s110 "i�jo,spapanetu r'%atarerre, New Zealand (Telephone: 714-536-5227 ) !171,7-(� 7 2009 JUILI PH 1': 34, IIA u 11 SECTION C PROPOSAL, for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders 'and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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. "BIDDER'S Accompanying this proposal of bid, find BGND" in the amount of $--- 10%---- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's S&nalyre C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 , 1 .0 IN for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafl BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. IIILLCREST CONTRACTING "/A- -/-- Company Name BY GLEN/J. SALSBURY (PRESIDENT) 7/28/09 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: $ 228't 366- 00 C-2.1 rnwhui im) bunhouEh City Yard Slope Repair, CC-1336 Base Bid Items ....... ...... Irateate ................. .................................. .................................... ............................................................................................................... ............. ....... . ....................... .................... 1�' d ... .................. Mobilization L.S. hkrtV"ollars $ qc() w $ 0 Cents Per L.S. 2 1 Clearing and Grubbing L.S. Dollars $ 60 $ Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ S,,,Lrr— VNLx-L-Ao-,C-� Dollars $ G66- 60 $ 560- �Z 7K�O Cents Per L.S. 4 1 Furnish Project Traffic Control 0/1.e L.S. @ D W.Pyjrf-Dollars $ $ (I 23S%a) Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=61) [See Section 206-6] L.F. @ ems Dollars $ ZZ $ ?), $ DE --two Cents Per L.F. 6 1 Erosion Control L.S. @ —I V-,Lu cl/lc'k Dollars $ $ st d-&- 61 Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ Ak-1 -Dollars $ 59- $ 2, 2 7, -I Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ Pollars $ 'ZIS OQN $ 71 Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") 011 L.F. @ U—) 0 Dollars $ 2-410 $ q 7 S- 66 S'L �L� Cents Per L.F. C-2.2 rROJEUT.B11) NUHIEDULE City Yard Slope Repair, CC-1336 Base Bid Items .......... ............. E1tOkid6d::'­ ............... ....... ........ ... -w-4W'hJjfw- .0 ....... ....... :::::.0 jilt: ... ...... W 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring _ho L.F. @ Dollars -fib Cents Per L.F. 11 786 C.Y. UnclassifiedExcavation Dollars $q(o,-z_0 $ 3�, 3 Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ _CtkvA� —i L'_)6 Dollars $ q9. (Po je- %A k, Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ -Dollars $ Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] L.F. @ S t Dollars q6. S-0 $ ItP L 26- t' —Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ yu — L-J�4-� V--r— Dollars $O�. 3 t,,- 4- Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. @ t q— � Dollars $ LQ Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Iqcludes Connection to Existing Pull Box) �ollars s 2f s-2z- 6z $ ­0 L.S. —Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D=42") EA. @ () % Dollars $ 26 Zct"Ob $ -4_Z614 -4 Cents IPer EA. �6 10 a C-2.3 YKdJ.D hU 1' D11) NUIIL+ D U LL+ City Yard Slope Repair, CC-1336 Base Bid Items fiel<ii:: stji to fierii:avitli:tYn�t:ice ................. P. :1•Jxten e {. � • ::wv��t�aii�:�iiE��"�� �•�ds�...:.�����.:�:��...'����������<�����.��?�����������������. .�•A��P!iri�e�:�:� •'ou�'• 19 447 Install Mirafi 1120N Geofabric S.Y. @ 5' t It— Dollars $ $ (� - Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) ' S.F. @ _j y\ r CA— Dollars $1j • � $ 2 Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting S.Y. @ I 'e-� Dollars $ 2�f U Cents Per S.Y. 22 1 L.S. Cons1ruction Survey a�f i ' `�Dollars $ $ Cents Per L.S. Additive Bid Items t®zit :: :11T+o:..::...... stiiri to .....: fierri:wetxto l s.':.:.:.:.:.:.:.:.:::::::::::.:.:.:.:.:.:::::.::::. ni<iteri aii Rio ci : $Jn�t Piee :: ded:: : :;�itioiiit::: Construct New Chain Link Fence (H-6 ), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ h 1 W Dollars $ c3 2- 60 $ $, f644 2 Cents Per L.F. A2 1 L.S. Construct 8" Water Valve, Thrust Block & Appurtenances 2�/ t� I US un�Q �'14i't�� c� Dollars $ 2(Q 66 60 $ Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. . Portion of Work Name and Address of Subcontractor State License Number Class Ctd U ct�10-ck .0 IQC.^ L �vWSa� / � i� ll�l�� C� 'bbb at I L 4C �b Y1 i v q_ LV1 Scnd- 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 ID-NIONCOLLUSION AFFIDAVIT ',4i'� ffe �'d i�a V alp .i', �� ♦ S': A It State of California ss. County of age Riverside GLENN J. SALSBURY , being first duly sworn, deposes and says that he or AXis PRESIDENT of HILLCRE T CONTR., 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. HILLCREST CONTRACTING, INC. Name of Bidder Signature of Bidder GLENN J. SALSBURY, PRESIDENT 1467 Cir. City Dr., Corona, CA 92879-1668 Address of Bidder Subscribed and sworn to before me this day-g i , 20 _ NOTARY PUBLIC NOTARY SEAL C-4 U KA-I State of California County of Riverside Subscribed and sworn to (or affirmed) before me This 27t". Day of July, 2009 by, Glenn J. Salsbury proved to me on the basis of satisfactory evidence to be the personXwho appeared before me. Signature: Alice M. English, Notary Pub lc ALICE M. ENGLISH Commission 0 1829082 Notary Public - Caiiforf" Riverside County My Comm. Ett Tres Jan 2, 2013 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 of this form to another document. Description of Attached Document Title or type of Document: NON -COLLUSION AFFIDAVIT Document Date: July 27, 2009 Pages: ONE Signer(s) Other Than Named Above None UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CITY YARD SLOPE REPAIR, CC-1336, (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: July 27, 2009 HILLCREST CONTRACTING, INC. Contractor BY GLENN J. SALSBURY PRESIDENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space provided. Mote: 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: July 27, 2009 HILLCREST CONTRACTING, INC. Contractor By GLENN J. SALSBURY PRESIDENT Title C-7 A Wi 'All V V Me 'me , tIMIUM (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 0-0 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION .BIDDER certifies that the following information is true and correct: IIILLCREST CONTRACTING, INC. Bidder Name 1467 Circle City Drive Business Address Corona, CA 92879-168 City, State Zip ( 951 ) 273-9600 Telephone Number 471664 A IIAZ State Contractor's License No. and Class 04/30/1985 Original Date Issued 04/30/2011 Expiration Date The work site was inspected by James Wong of our office on July 24 , 20 09 The following are persons, firms, and corporations having a principal interest in this proposal: GLENN J. SALSBURY, PRESIDENT EINER G. LINDHOLM, VICE PRES./SEC.. 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. HILLCREST CONTRACTING, INC. Company Name Signature of Bid GLENN J. SALSBURY, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _ day of ,—,--, 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount 2. SEE ATTACHED Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work 3. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 State of California County of Riverside Subscribed and sworn to (or affirmed) before me This 27t". Day of July, 2009 by, Glenn J. SalsbuU proved to me on the basis of satisfactory evidence to be the person( who appeared before me. Signature: Alice M. English, Notary Pu c ALICE M. ENGLISH Commission # 162W62 Notary Public - California Riverside County My Comm. Expires Jan 2, 2013 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 of this form to another document. Description of Attached Document Title or type of Document: BIDDER'S INFORMATION — BID PROPOSAL Document Date: July 27, 2009 Pages: TWO Signer(s) Other Than Named Above None Experience in 'Work of Similar Complexity and Scale to this Project 1). Project Name/Number: Diamond Valley Lake -Parking Lot Improvements Project Description: Parking Lot Improvements Approximate Construction Date: 08//07 — 01/08 Agency Name: Valley Wide Parks & Recreation District Contact Person: Sam Goepp — General Manager — 951/654-1505 Original Contract Amount: $1,013,400 Final Contract Amount: $1,163,016 2). Project Name/Number: Newport Boulevard Right Turn Lane Project Description: Right Turn Lane Approximate Construction Date: 09/07 — 01/08 Agency Name: City of Newport Beach Contact Person: Mike St. Clair — Inspector — 949/644-3316 Original Contract Amount: $786,889 Final Contract Amount: $763,192 3). Project Name/Number: Harvard Avenue Street Improvements Project Description: Street Improvements Approximate Construction Date: 11/06 — 04/07 Agency Name: City of Hemet Contact Person: Victor Monz — Resident Engineer — 951/765-3847 Original Contract Amount: $667,172 Final Contract Amount: $917,970 4). Project Name/Number: La Palma Avenue & Imperial Highway Project Description: Street Improvements Approximate Construction Date: 06/07 — On Going Agency Name: City of Anaheim Contact Person: Robert Luciano — Resident Engineer — 714/765-5286 Original Contract Amount: $5,405,580 Final Contract Amount: On Going 5). Project Name/Number: Trumble Road Street Improvements Project Description: Street Improvements Approximate Construction Date: 08/07 — 03/08 Agency Name: Riverside County Economic Development Agency Contact Person: Dave Romero — Construction Manager — 951/686-1070 Original Contract Amount: $1,317,278 Final Contract Amount: $1,600,419 6). Project Name/Number: Orchard Hills — Tract 16529 Project Description: Street Improvements Approximate Construction Date: 11/06 — 03/08 Agency Name: The Irvine Community Development Company, LLC Contact Person: Bill Martin — Project Manager — 949/464-0856 Original Contract Amount: $13,901,060 Final Contract Amount: $14,448,980 7). Project Name/Number: San Bernardino County Airport Authority Project Description: Street Improvements, underground, Signal, Landscape, Striping Approximate Construction Date: 06/02/2008 — 03/31/2009 Agency Name: Inland Valley Development Agency Contact Person: Roberto Ramirez — Project Manager — 714/558-6124 Original Contract Amount: $2,243,659 Final Contract Amount: $2,845,235 r + 08560235 Bond No ----------------- -------- Fidelit and Deposit Com'pany1Y p POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 KNOW ALL MEN BY THESE PRESENTS: Hillcrest Contracting, Inc. Thatwe, -- ------- -------------- ------------ -------- ----- - -------------------- - -- _- _--------- -_-, as Principal, (hereinafter called the "Principal"), and -the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O_ BOX 1227, Baltimore, Maryland 21203, a corporation duly +organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fumbr bound unto ---City of Huntington Beach Obligee, (hereinafter called the "Obligee"), in the sum of_ ten percent of amount bid - for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Yard- Slope Repair 17371 Gothard Street CC No. 1336 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with. another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this_______2 3 rd----- ---- --- --- day of_ ----July ---- ----- ----------- ---A.D.,20 -- Hillcrest Contracting, Inc - `•,,.,... _�,,.�----..._ ._.(SEAL) -- ---� Principal - -- - - -- - - -------- ---- ------- ------------- EINER G_ LINDHOLM Witness BY: PRESI"DENT _ -- _ VICE PR E S . /SECRETARY ------------ - --- -- ------ - ------ -- --- - -- GLENN J . SALSBURY Title FIDELITY AND DE7N!n Y OF MARY D y - --------(SEAL) Witness EY- IN- Title c325r-50M.7-92 Charles L . Flake soar-5 to Anil- I-uiftft or ArehiWILS D.. A•310. Rt,,—,y 1 97o Edition. - - CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON July 27, 2009 before me, Alice M. English, Notary Public , personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing is true and correct. Witness my hand and official seal 6VA;?)ei'N Signature of Notary Public Alice M. English, Notary Public OPTIONAL. ALICE M. ENGLISH reAnco.....W. . 1829M Notary Public - California Rimersido County My Comm. Eu ires Jan 2, 2013 Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: BIDDER'S BOND Document Date: July 23, 2009 Number of Pages: ONE Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ® Individual U Corporate Officer — Title(s): President ® Partner - ❑ Limited ❑ General ® Attorney in Fact ® Trustee ® Guardian or Conservator ® Other: Signer is Representing: HIL.L.CREST CONTRACTING, INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7-23-09 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of UJAN C. MORAN which the person(s) acted, executed the instrument. COMM, #1789349 �) NOT.ARY PUBLIC • CALIFORNIA I certify under PENALTY OF PERJURY under the laws ORANGE COUtJTY n �4• cOW EXPIRES FEB. 17, 2012 -A of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C• —Nuz Place Notary Seal Above - Signature of Notary Public OPTIONAL J C . Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact NRAIA- ❑ 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: RIGHTTHUMBPRINT ..OF. SIGNER Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafonaiNolaryorg Item #5907 Reorder. Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent and a W d deliver, for, and on its behalf as surety, and as its act and deed: any an o n e xecution of such bonds or undertakings in pursuance of these prese I in i , as fully and amply, to all intents and purposes, as if they had been d fg t a gularly elected officers of the Company at its office in Baltimore, Md., ip er attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant V, es eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp DfPps,�i ti IQ G fl low 4 p+na State of Maryland City of Baltimore ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Kormx, Inc. 19314 Avenida Del Sol Walnut, CA 91789 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CR/�s�� IAIRf �f',sj' y[f1WrMj?S�g?8, New Zealand (Telephone: 714-536-5227 ) tE D 2009JUL28 Phi 12:53 EACH SECTION C PROPOSAL. for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: CLU291- C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Race Rid Ttems Iteiii:: Esh fated :::::::::::::: Ite�ii:wttlfi: tintf: rui e:::::::::=::::::::::::......_........................:::: Xfieidileii:::: ....... .............. . ::Jir<�l.P tee> Ott... >? rtjnv. 1 1 L.S. Mobilization @ �fl✓'Dollars d $ $1�� p^/ Cents Per L.S. 2 1 Clearing and Grubbing L.S. @, Dollars Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ %- u 1f`C, L �� c,,r?� Dollars $ $ lj> Cents Per L.S. 4 1 Furnish P ect Traffic fjControl L.S. @ Dollars T $ $�/ Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 ' L.F. @ � r-� r l� Dollars /i Cents Per L.F. 6 1 Erosion Control L.S. @ i`91/ Dollars $ $ Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing Dollars $ $ L.F. @ Cents Per L.F. 8 347 Remove V-Gutter y ' L.F. gW=48" @ I/ Dollars $ = ' '", $ ,� 00� Cents Per L.F. 9 375 Remove Coe Curb (CF=6") FF n Lam; $ gg qq�� ���- L.F. @ y� Z ��- Dollars $ �_ Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items P::::::........ ........... ............:.... .................................... :�::�:�:�:::��:�::=:vwi��keiii�EiiE:v►Yords::�:�::::::::�:�:�::�::�:�::�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:� . >t I3f "ce> :.:. t } >iiiioatt ... . 10 170 L.F. Remove an Dispose of Metal Street Light Conduit & Wiring @ �— Dollars r �y.i .a 1_�t_ e&j„1 Cents Per L.F. 11 786 Unclassified Excavation 15 q ,.y C.Y. @ All AC/ 1 `1f �`C- Dollars $ $3XV C?be7�/ Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @„� / Q�' Dollars $_ $ A_ Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @t �j,J t� Dollars $ $ D LYM Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] L.F. @ Dollars $ _ $ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] �� L.F. 1? p l �i Dollars $ $ Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. o Dollars $ $ a t Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light A 17 1 L.S. Conductor Wires (Includes Connection to Existing Pull Box) @� ,\jV_ fUryl Dollars 0 $y� �� $3b +� Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D=42") EA. @` '�'1 L`�T� P"ti )Ti�l '��rP C1�ollars Cents 11 P Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair; CC-1336 Base Bid Items Ifiem:: ....... ..................... Estirfiiated ...............................................P.................................. ::::::::::::::: fieru w�tti: uii�t: rice::::::::.. ....................................................................... ......: ......I............................. ................................... :::Extended : : i'poi:: Q>rradtiit : ::::': s::':::: viylt eii:Fri:viro�rds:::::::....:.:.::.::.`::.:..........::>; 19 447 S.Y. Install Mimi 1120N Geofabric Dollars ' $ $ 1 Cents Per S.Y. 20. 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) @ Dollars $ $ �7 Cents Per S.F. 21 498 S.Y. Install Anti -Wash / Geojute Netting @_� �� .C� Dollars G� � Cents Per S.Y. 22 1 L.S. Construction fey @ V —I Dollars $ 73 $ Cents Per L.S. Z•37��0�" Additive Bid Items Item :: Estit;iated aanti ........................................................................ ::::::::::::: 3texn:witli: unit: rice:::::: P.................................... ............::::::i�Aft'6 tii,4..Eirds::::::::::::::::::::::::::::::::: ...................................::: .. :: Unit pot e::::::::: ................................... :::-Extepdeil riiiAiiit t . Construct New Chain Link Fence (H=6'), Includes Wooden Privacy ' Al 250 Screening to Match Existing Wood Screei ' L.F. @ ,t=' r P 9N �� t� !�� Dollars v $ Lb 4` $ (r Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust Block & Appurtenances Q ° $� $ L.S. @V-1 Z V �--� 1rt� 1—� [ Dollars 12 _U1 Cents Per L.S. 2 syg�6 s- C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion o Work Name and Address of Subcontractor State License Number Class Ec.C� 2-So 4sS'�1 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 JQ-e S , being first duly sworn, deposes and says that he-opihe is -Prey ,t":; 7(�- g,.2 qw-t- Y /rX r� 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. K5L"c Name of Bidder Sig, ture of Bidder Vy L-1 /��I'�n�I dam- c� Address of Bidder Subscribed and sworn to before me this a-7 day o , 200 q . �~ n`oa"' sow ° tEt� u QOMM. #1596449' z aNotary Public • Calibrid8 Z` San Bemardino Courq 0 Ceara :. E ires . 28 2010 NOTARY PUBLIC W®-{ 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 CITY YARD SLOPE REPAIR, CC-1336, (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: --\ " —I, 01 Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes Sto 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: —`2-1 U� W6 Y-,"tx 'I �,z c� Contractor ByV Title a r. C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 2x- By �C- Title Date: —A --c� Note: This form is required for every Dig Alert Identification. Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R Bidder Name -W n l.-C/ ? q , 7 9-'r City, State Zip 901) `7 -W `7 v� 9 Telephone Number State Contractor's License No. and Class ---0 —C61 Original Date Issued Expiration Date The work site was inspected by lNk-�Ooffice on — , 20 0'� The following are persons, firms, and corporations having a principal interest in this proposal: C-9 • The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Si ature of Bidder — L J:f, Printed or Typed Signature .na Subscribed and sworn to before me this�� day of , 200�5L . V—A 001,iry NDA sOSE E TEMN OMM. #i696449 Public • Califo►i is 0 Sar `�mardino County LlvMy Cor-: i-xpire5 Se . 28r20t0 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name `And Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Q Type of Work Date Completed Name and Address of Public Agency Name and Telephone No: of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. References Name &'Title Sean Crumby Director of Public Works/City Engineer City of Stanton Stanton Public Works Job Description: ADA Ramps $88,000 Completion Date: 2/I1/08 Televhone number (714) 379-9222 Ext. 204 Arjan Idnani Senior Engineer City of La Puente (626) 780-8154 Job Description: Construct ADA Ramps and Driveway/Sidewalks $171,898.25 Completion Date: 7/1/08 Arjan Idnani Senior Engineer City of La Puente Job #2 (626) 780-8154 Job Description: Construct ADA Ramps and Driveway/Sidewalks $340,000.00 Completion Date: 9/1/08 Vennie Bermudez Civil Engineer City of Monterey Park (626) 307-1325 Job Description: Construct Sidewalk in Park Area, Remove and Replace Concrete Sidewalks $78,103.51 Completion Date: 6/2/08 Omar Leyva Project Manager County of Orange (714) 834-4523 Transportation Department Proiect Description: Remove and Construct New Concrete Slab $46,177 Completion Date: 6/2/08 Omid Emam Job Inspector County of Los Angeles (626)607-7444 Project Description: San Gabriel River Tunnel Realignment $222,304.75 Completion Date: 11/21/08 e Bond No. 1000811458-16 BiD OR PROPOSAL BON® KNOW ALL MEN BY THESE PRESENTS, that we Kormx Inc. as Principal, (hereinafter called the Principal), and U. S. Specialty Insurance Company ---------------- , a corporation duly organized under the laws of California and authorized to transact a general surety business in the State of California as Surety, (hereinafter called the Surety), are held firmly bound unto. 'itY of Huntington Beach Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Ten Percent of the Total Amount of the Bid in Dollars, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: For City Yard Slope Repair Tnvitationk CC NO 1336 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof: and if the Principal. shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie; or claim be enforced hereunder, unless the award on the basis of -said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action, to enforce any claim hereunder shall have been commenced within six (b) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed and dated this 27th day of July 2009 . By rincipal Kormx, Inc. U S Specialty Insuxati-e C=Dnny Name of Surety Compan B tomey-in-Fact Pietro Micciche ACKNOWLEDGMENT State of Califo nia County of On before me, ��" ' �_Cz i ICJ ( J (insert name and title of a officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(i) whose name ) is/ e subscribed to the within instrument and acknowledged to me that he/Ve/tVey executed the same in his/jar/tJir authorized capacity(), and that by his/h/ eir signature) on the instrument the person(A, 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. _ INDA ROSIE�ESTEM WITNESS my hand and official seal. COMM. #169b44T a ` W"y PuMic C610010a o `` San E�ernatdinoCoy� -' Comm. Ex s 2aI0 Signatu� (Seal) POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TED STATES SURETY COMPANY 1Q S SPECIALTY INSURANCE COMPANY illi ji IIII lllill'h li_I III Ii I _ 111111111 iIk i IiI KNOW ALL MEN BY THESE P:o:,l II II lio �;pSure Cori an a M land ' , Ila''llll� ply I �IllllTin ode nxly Ilq l? a' "Texas �iaoc arpo tten,l ited motes =- �l Z Contractors'a' . I'I IIII S ecial Insutl - - tY P Y, ary p ty �ata„� Cdamparr, rp o-�Ively, -the "Companies"), do by these presents make, constitute and appoint: Patricia Zenizo or Vanessa Gutierrez of Los Angeles, California tl IIII I Ii'II'li . ��I IIII III �� „II to itsl I u li polu u�1 Attorney(s) m fait, eacli_sn�te- _ __ capacity if more -than or is named above, with full! ° I �k er f ldi th 1}eneby c�aiifered m tts name, placendsti,€=xeee, acknowledge and deliver any ald all bonds, reco nia IGer, Ilfr III. g h11i l,,ll�r: or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by authorityo-f the fallowing resolutions ad e 13m, s of Directors of the Co p ie III (IIII II I I,Iil II, --_ Be it Kesolve_d, that the President, any V'c Pr"a o A to frt✓ e-President any Segretaryloragi Assi#taMIScci-etary shall be andls hercbv v stgd wrt�_�uil I. a "I �i : GI ttlriy(s)-in-Fact to i t piesirt atitl ail for d bn behlf of the Company sub�ec� ttfltcwling __ power and authonty_to.appoint any one o�; Ilprel� I - - C 111111 llli III. _ proviS10IIS_ �: lu.:�l.lj IIII l: I� .h��,= ir.i Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity 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 if signed by the President and sealed gq,effectgd by the Corporate Secretary. _- lu i, l _ `- l u II'hi I' Milli 11 IIII III Be I t R�soly 4, ,j4t the,signature of any authonz-d ffici anWseaL�the Company heretofore-0r-hereafter affixed to any, power of attorney IPF � Illc fib t� reI� I ling III,IIjI theteto by facsirriile 11 arld`any power of attey�€cerfre ben fa_mile signature or facsimrle seal gall be varid and binding upon th�y;bl% �i�q resto any 15 nd 4 itih'di ing'Ito which it is attaeE�ed. - - -- I III II i i;''i II I ll l 111 , I j',: 11Il11i lil , I,'ll,' 111 IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15t` day of June, 2009. AMERIe CONTRACTORS Corporate -Seals oi STATES SURETY iQOMPANY,, U S. SPECIALTY INSURANCEC�Pr i Y -_ By: Daniel P. Aguilar, Vice President II III II .I . ' I I III I i 'I III I III I'I I I�I.l,li',,,I I On this 15`' day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United St�t s Surety Company and U.S Specialty) Insurance Company who proved to me on the basis of satisfactory evidenclt ,1a1 ibclithella liiJl v�l�b e name is subscribed tol the witl'in instrument and acknowledged tti mei he ex in same in his authoritliie II a ac��iI th tl' his signature on the instrument the prson(s), or the eulity upon behaiFof which the erson s acted executed' j"� Irtirrylt4ti;llil l Ill r ,III = p O I�: . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On ` July 27, 2009 before me, M. S. Rodriguez, Notary Public Date Here Insert Name and Title of the Officer personally appeared PIETRD MICCICHE Name(s) of Signer(s) M. S. RODRIGUEZ t NOTARY PUBLIC - CALIFORNIA o; LOS ANGELES COUNTY COMMISSION s 1634377 �- MY COMM. EXPIRES JAN. 22120�10 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personK whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelll p'executed the same in his/lier ir-authorized capacity(jes'r and that by his/ueTttbeir signature(.a'j on the instrument the person(zl, or the entity upon behalf of which the pergon(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL 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 X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER' p of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner — J Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 Nabonal Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NabonalNotary.org Item #5907 Reorder: Call Toll -Free 1.800-876-6827 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 L. T. Engineering 27601 Forbes Rd. #54 Laguna Niguel, CA 92677 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cr gi !oAju 8,sj#n T,r qgP& New Zealand ( Telephone: 714-536-5227 *54- -A 1010 of��� -er " 1p, 7/2- g/O 9 F LM �- CL-E.k-4s oppc-,� 2009 JUL 23 P11 1: 38 C 1 -T C) P H U "' T' Q \-&(- Z 00 Q 1�l - 1 Q ST A-C +h e � � 3'71 GOT N- �- �� �T �� � �r 7 SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ � gq 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 SECTION C PROJECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: $ P, 13 % 1C) Ca C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items iteiii:: Est�i�iated :::: Ifie�n:itti: �iri�t:..rvice: ::: Eztenled::: P........................................ tioutt ... . �������><VY��eti��t1�•1'frOi'ds:.':.<:.:.>:::'::`::>:�:�:<�_�:�:�>:�:<�>:�> :�>:��1�..�I�CC... 1 1 Mobilization L.S. �r @G-1f2 •1✓4�Sri r✓/� r=>�%?_ �r�'U 1 a! rs �a $ ch~ `e $ U Y'ee � Cents Per L.S. 2 1 Clearing and Grubbing L.S. Dollars $ Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ ,�=/Vey H'i�ie��r�J� Dollars $ Ism $�'>i� �✓ Cents Per L.S. 4 1 Furnish Project Traffic Control ol L.S. @ .�-zx- /�/�iyGr/'__ cry Dollars $ _Zi 10 Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-6] L.F. Dollars $ 1'ol ®v �� Cents Per L.F. 6 1 Erosion Control s L.S. @ 'le ol!!.//> Dollars $ 2, '.,Z70 -" $ �S_4i7) '17✓ �7 Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ %G f>+ Dollars $ ✓0�� y'c> Cents Per L.F. 8 347 Remove V-Gutter (W=48") ` L.F. Dollars $ $ '�Z! cr �✓ r' Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") ' L.F. @ S'�� YYi� Dollars $ 7 /V e" Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Item:: Est�inated ::::::::::::::: 3te�ii: ttti: un�f: rye:... .... ...:::::::::::::..... P................................... . ......::::::::::: ::: Eltteuiled : : ..:::.:.::.;::.:.: ..aaatrty::::::::::::::::::: ::..::::::::..:::::::::.:.:.::.:.:.:.:.:.:..................... ......................... w>itten:Ea:►tr�ds:::::::::::::::::::::::::::::::::::::iTni..Pnee:..:...moc�n .:.:. t.:: ... . 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring L.F. @ T ice✓ Dollars $�� iV Cents Per L.F. 11 786 C.Y. Unclassified Excavation Th t r t� E:: Dollars CC'' $ -��i $ 2� � � @ — o"Kr ► 00 Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ z--/ Zix/ ' � Dollars .IV 10 Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ 111-1-1101-1l.4? 4; Dollars 'AV e Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] > L.F. @f�ir�.°' _5 Jr Dollars $ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ �Z21lz '11 i" X Dollars /V el Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting ' L.F. @9i/l �%li�'J'� Dollars Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) 48 Street Light d 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. @ r i V-e-- 5 3 Dollars $ 7 � •.r $ �C7(J� ..� }� O Cents Per L.S. 18 1 R& R Street Light Foundation (L=36", W=36", D=42") EA. @ 1 vJU 70�mz�os ax\k Dollars Cents Per EA. -3 C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items t.... ..... ated ::.:::.::::::.:.:::. Ifie...... : ttnEt: r»e:::::::.:.:.:.:.:..::::::::::::::::: P................................... :.:::.::.::.:.:.::.:.::::Extended ....................... ...... ..... ..................... ....................................................................... ............ :::::::::::::::::I1ii�it:P>i1ee:::::::ti�iioiiitt::: ................................... 19 447 Install Miraft 1120N Geofabric ' S.Y. @ 16-74 Dollars $ $ L� Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) ' S.F. @ E Dollars i� $ $ %lJ Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting ' S.Y. @ Dollars $ $ /99�J Cents Per S.Y. 22 1 Construction Survey L.S. @ _Dollars $Iv2z�e •' i Y Cents Per L.S. /4/960 Additive Bid Items Ifieirt :: ..................... ..................... Nn ::::: Estir�iafied Q antifiy::::::::::::::::::::::::::::::written :::::::::::: fiein:witti: unifi:"riee:::.....:::: .................................P................................... ...........................w......................................... ....... ft:wv ::::::::::::::::::::::::::::::;: ::::::::::::::::: .................................... .... ..... e':::..:.:.: Tnit:Ptzc........ :Extended : `. iiit ..:. Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ �o""�� � ZFi V _-'— Dollars .J $ $ /• --> 71 l> Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust Block & Appurtenances > L.S. @ Dollars zryl. $ '. $ .- L� Cents Per L.S. 7/o C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Name and Address of Subcontractor State License Number Class Eo�tion �&d, CvCV t3i3 Knef Ave- S&,y &,UCLS` SAN'A\*-kA�. %5% -7 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 j.2,a czz--) being first duly sworn, deposes and says that he or she is ' of 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. OFFICIAL SEAL ALEX D. MARTINI j NOTARY PUBLIC - CALIFORNW a COMMISSION # 1725175 C 0N ORANGE COUNTY '' Im My Comm. Exp. Feb. 12, 201 t Namv� Bidder Signature of Bidder���%,� Address of Bidder���, Subscribed and sworn to before me this a day of i l/ , 20 )D �k� � 7 C-'������r ' � -Jc35 TO M� E1►J TrtE i3�S\S CIF Sh i iS CT�Z`' IDk1>t-4(—E �0 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 CITY YARD SLOPE REPAIR, CC-1336, (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:��a� �` j � ✓✓L—ri<✓ G f�11 iiuG� ra By a-)AZ s � Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ONO 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. �j Date: Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip 411�cvi) 2 j Telephone Number State Contractor's License No. and Class Z 119 Original Date Expiration Date The work site was inspected by Z.a V41 y of our office on Y , 20t:�:; ` The following are persons, firms, and corporations having a pr' i al 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. s SIM G 7G i►.�w ��-ir�� Co pan Nam i Signature of Bidder Printed or Typed Si �n Yp nature g d and sworn to before me this Z ?dayof j I c , 200_ . AM D MARTIN i i� q 1� . AM PUBLIC - CAUPORM .� z F O t L l 5 �3 Z t2�' 1 1� v iU M COMMISSI ry 41 -b k& rS C3 r S A- i l, S r T� t2 �% 1 �_ 1J C ON 172�t78 �1 ORANGE COUNTY b !P- T My► Comm. Exp. Feb.1Z 9011 w tf11$ NOTARY PUBLIC f 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: i rY_ Name and Address of Public Agency Name and Telephone No. of Project Manager: t. - '%% - "/7'n)"-:=16-4 .� �G� %7G/ � �'r.�1di Y/"�� /'ram d_i!��!�_ c�G-��r.✓c�3- Z�G/(J Contract Amount Type of Work Date Completed 2. 5 Name and Address of Public Agency Name and Telephone No. of Project Manager: X?4J 19'�� Contract Amount Type of Work Date Completed 3. C✓� Name and Address of Public Agency Name and Telephone No. of Project Manager: 7=v Sim 7 Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number 96e, dated July 16, 2009. Company Name y Z�f,1.;� Date l - All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we L T ENGINEERING 27601 Forbes Road, Suite 53 )Here insert full name and address or legal title of Contractor) Laguna Niguel, CA 92677-1242 as Principal, hereinafter called the Principal, and SURETEC INSURANCE COMPANY 952 Echo Lane (Here insert full name and address or legal title of Surety) Houston, TX 77024 a corporation duly organized under the laws of the State of TX as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of 10% of Amount Ten percent of amount bid. Dollars ($ Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) City Yard Slope Repair, 17371 Gothard Street, CC No. 1336 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of July 2009 L T ENQINEER ING (Princ al) (Seal) / (Witness) —�11tE-mot l/ - - j (Title) SURETEC INWRANCE CO PANY (Su ty) (Seal) Ja Kepner (Witness) James A. Sch r (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 State of California County of Orange On July 24, 2009 before me, Jane Kepner, Notary Public, personally appeared James A. Schaller 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/shekhey the same in his/herfthsiv authorized capacity(ies), and that by his/be signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature JANE KEP6VER COMM- M605351 . ' NOTARYPlIAL7C, o,GLtFORNiq ORANOe COUMPY Comm. gXP'..SEPT. 10, 2009 Po.A a: _ NA_ Bid BQDd - SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Ail Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"'), a corporation duly organized and existing under the taws of the State of Texas; and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint James A. Schaller of Irvine, CA its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, ackriowledge and deliver any and all bonds, recornizances, 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 bonds 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 12131[-09 and is made under and by authority of the tollowin! resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, anv Vice -President, any Assistant Vice -President. any Secretary or any Assistant Secretary shall be and is hereby tested with full power and authority to appoint any one or snore suitable persons as Attorne_y(s)-in-l-act to represent and act for and on behalf of the Company subject to the following provisions: Atioritev-ua-Fact may be given full power and authority for and in the name of and of behalf of the Company, to :xeeute, ackno,ticdge and delticr, any and all bonds, reeognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling (it terminating the Company's liability Ihercundei, and any such instruments so executed b,, any si:cii Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretati. Be it Resolved, that the signaturc of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facstmile, 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 attacbed. (adopted at a meeiing held on 20,h 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused. these presents to be signed by its President, and its corporate seat to be hereto affixed this 20th day of June, A.D_ 2005, rStJRETEC URANCE COMPANY By: -- - w to �' = a B.J. Ki g, reside t t�• w State of i e cas ;s: County of Harris On this 20th day of June, A.D. 2005 before me personally came B.J. Kind*, to me known. who, being by me duly sworn, did depose and say, that hi, resides in Houston, Tcxas, that he is President of SL E•TEC. INSURANCE COMPANY, the company described it) and tichicl; executed the above instrument, that lie knows the seal of said Company; that the seal affixed to said instrument is such co porate seal.- that it was so affixed bN• order of the Board of Directors of said Company-, and that he signed his name thereto by like order. Michelle Benny F Notay Publior�dte Ot idXt1� tY��Cofntttlssltxt E4*% Michelle Denny, Notary P lic AugUSi 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary OfSURETEC INSURANCE COMPANY, do hercbt c:ertif}• 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, et out in the flmacr of Avotn<-y arc in Lull force and effect. JUL Z 4 Z009 Given tinder my hand and the seal of said Company at Houston, "Texas this day - 2fl �__ ; A.I). f Brent B ssistant See9tary - Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 cm r'ST. I City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 MG Enterprises, Inc. 5151 Veloz Ave. Tarzana, CA 91356 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, �r v Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CRI (NI!o`j'FS�,ap6e"TV5MVrQ� New Zealand (Telephone: 714-536-5227 e'VI7, #j6I 2009 JUL 23 I y SECTION C - PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, findPh'(15 &Jin the amount o F 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 1 �z� C-2 SECTION C CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: --ACV e4 ?" X %60 0 C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Itetri:: �st�t ted: .:::: - ::: ;: Iteth: With: qon t.:prLce:> . ::::.:.:: ;: >::: ;;::: ............... :::: <::::::: ;: ......... .......... ::.Extended ... ....... io:: .. `:Qaantity ..............................................................I...... wv>�itteti:E►isviords:::.:::::.::::.::::`:::::::::::.::.:;:::.t►ii:..ziee:<:::`moitxf::::: ................. .................. 1 1 Mobilization i L.S. @ 14�cyy L ollars $ $ �YOQ_ Cents Per L.S. 2 1 Clearing and Grubbing L.S. , @ (t C % 4o_.s,4,yc Dollars $ �l`%�4 $ o 0o Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) / L.S. @ iy' r<= Ri%1 Cs'�`(Dollars $ rc"o $ " Cents Per L.S. 4 1 Furnish Project Traffic Control / L.S. @ �, (/ c�^y � Dollars $ 0 $ rdC) Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 / / L.F. @ �� • jC Dollars $ t;� $ Cents Per L.F. 6 1 L.S. ErosionControl @ /n.�-, / e& 7 �tA'0/✓� K ,)Dollars $ 3, JG�� $ Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing o L.F. @ % li Dollars $ — 0 $ S� Cents Per L.F. 8 347 Remove V-Gutter (W=48") s L.F. @ �t° y✓� Dollars $ Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") L.F. @ A., Dollars Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Item: Estimated. , . > :...::. : Ifie navath: ua�f:price::: :::.: :::::::::..... :::: ;: :.. ::...... .. .. Extended ................... .......... : w>�ii�ten:En words ::::::::::::.:.: ;:::::......::::: ... Ti<it:P>r>iee:::: >;<Atnoutif 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring L.F. @ % -�'iy(% ® Dollars $ Z o $ 3; VD® Cents Per L.F. 11 786 C.Y. Unclassified Excavation @ / /� f_ Dollars I < $ 60 i $ 7 Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) / TON @ .10 % Dollars $ O $ S� Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ /' eil % Dollars $ 20 $ %� Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] o L.F. @� % % tfi(is� Dollars $ $ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ /—(Jei7 % Dollars $ Z-0 / $ 00Q Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. @ /�C��?-,r l Y V Dollars $ � $ -3� ,-LSO Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) 48 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. @4 b (J.S,4i-,� Dollars $ Cents Per L.S. 18 1 R & R Street Light Foundation (L==36", WJ'=36", D=42") EA. @ %�(? C/_ i✓� F ry� !'1 L>irp Dollars $ —00 $ 0 o Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Item:: Es>tirnAted Item: with: un�f:price:.:::.::::::::::::>::::::::::::: :: ;: ;.:: : ;: ;.::: ........... >: .:Extended ....... .... i�o: > ........... : Quantity :::':: ...... .................. ... ...... ........... .................. ;;: ;.: :: w�i>l�te�i :ici.wdrds :::::: ::::':::: `:: ::::::::: ........ ........ ;::ITi►it:�P;riee:::::: .... ........... Annoiitct .:.: 19 447 Install Mirafi 1120N Geofabric S.Y. @- Dollars $ $ Cents Per S.Y. 20 6400 S.F. Install Biaxial Geogrid BX1200 (Type S2) Z Dollars @ Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting 3 S.Y. @� I/`�f'1 Dollars $ $ Cents Per S.Y. 22 1 Construction Survey jj t�-r L.S. @1 �/ Q CJ�$.'gr✓J Dollars $coo $ Cents Per L.S. Z3q4N-/2. Additive Bid Items Item .: .eT. N6;:::: Estirnatect ::.: .............. aaiiti ;: ;:::::: Item itti: unit:price :::: ': >::.::::: >::::::: .: .:: . .... .......... ititteii iii wArds >: ;:::: `::::::. :::::: ::::::. .: ................ ':: Extended :: . ...... Construct New Chain Link Fence (H=6'), Includes Wooden Privacy e Al 250 Screening to Match Existing Wood Screening L.F. @ - � y �� �V t�- Dollars $ , � $ 31, ' Sty Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust Block & A purtenances L.S. @ (1i1/[�Dollars $ $ —tea Cents Per L.S. C-2.4 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class C� 1 %% Uri EShGG� tP°'� D/ � �� /�it/J if ` is up Rig Q ► G By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California ss. County of Orange -5;±, �c� l�-'`tr9 r4 , being first duly sworn, deposes and says that he or she is `C/.eo1 i of f;-,-47e,- the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder S-r .5-1 v�l0 z- 4,9v r Address of Bidder Subscribed and sworn to before me this 2 day of �u�� , 2007 . T MOBNE NINIO CUM. T,1637508 NOTARY PUBLIC-CALIFORNIA Q Yn,4 LOS ANGELES COUNTY 1 NOTARY PUBLIC V, Comm. E �prE, F ebuary 5, 2010 /d7,: 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 CITY YARD SLOPE REPAIR, CC-1336, (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: �! X6:� St- S Contractor , e � �e_ �, - itle C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? LJ 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: < , T Contractor By itle C-7 (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Bidder Name 2 �-1 redo Z. Business Address City, State Zip Telephone Number State Contractor's License No. and Class �-, �(a. Original Date Issued Expiration Date The work site was inspected by C-'e--g z loXWWof our office on la? 200. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me thiscO day of 2001 . J MOSHE NINIO COMM. 41637508 '17 NOTARY PUBLIC -CAL FORMA LOS ANGELES COUNTY /�7 My Comm [xpires Febuary 9, 2010 NOTARY PUBLIC � rIC-) NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name d Address of Public Agency Name and Telephone No. of Project Manager: Contract 2. �� (7,--Il / /7 �iE'��i ' 7-0 ame'dnd Address of Public Agency of Work Name and Telephone No. of Project Manager: hS-O' O Dci Contract Amount 3. Cr/ Name i 7-0 J9f/C S Type of Work Address of Public Agency Name and Telephone No. of Project Manager: i Contract Amount fyDe of Work 600) Date Completed '!��/1'7(10 Date Completed Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 b�� r for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name By 712-�/ �r Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. U KNOW ALL MEN BY THESE PRESENTS, that we MG Enterprises, 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. WHEREAS, the principal has submitted a bid for City Yard Slope Repair @ 17371 Gothard Street 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 27th day of July 20 09 . (Principal) MG Enterprises, Inc. TITLE: SureTec Insurance Companv IN Attorney -in -Fact SureTec Bid Bond Form for Typing Rev 1.1.06 State of California Los Angeles County of ) On o - 2 7 - 2 0 o g before me, Christopher John Rizzotti, Notary (insert name and title of the officer) personally appeared David Noddle , 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 taws of the State of California that the foregoing paragraph is true and corr ® (HRISTOPHER 10HN RIZZOTTI Commission # 1639032 r" WITNESS my hand and o I a seal. RK Notary Public - California X LOS ANGELES County � My Comm Expires JAN 17, 2010 Signature (Seal) mature of Officer POA #: 510010 �> a � �, a• 1: � m � � �pia ��' b ]know AM Merl by Tkese Presents, That SURETEC INSURANCE COMPANY (the *"Company), a corporation duly organized and existing under -the laws of the State of Texas, and having its principal office in Houston, Harris County, 'Texas, does by these presents make, constitute and appoint David Noddle 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 10/31/10 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resotvert, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary small be and is hereby vested with full pourer and authority to appoint any one or more suitablepersons as Attorney(s)4n-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Pact 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 indemnity 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 Attomty4n-Fact shall be binding upon the Company as if signed by the. President and sealed 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 ofattorney or certificate bearing facsimile signature orfacsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1499,) frt Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. State of Texas. ss: County of Harris SURETEC INS CE COMPANY M By: B_J_ Ki esident On this 28h day of October, 2008 before me personally came B.I. 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 seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. MIchelle Denny Notaypubb sta8 Of TOM Michelte Denny, Notary Piblic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, 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 2 7 t h day of July �20 0 9 , A.D. '4 y7;9i� o�Ehgw.r %A M. Brent eaty, Assis ant Secretary Any instrument Issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8.00 am and 5:00 pm CST. City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 Sim Engineering, Inc. 3658 Palomar Dr. Fallbrook, CA 92028 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister GViAlJ0AYg163,"AeWW9WP0f6 New Zealand ( Telephone: 714-536-5227 ) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July_ 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. E _ Company Name By 37: Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find &(& 11 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 i e 's Signature C-2 SECTION C CITY YARD SLOPE REPAIR, CC-1336 PROTECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: jol J9 � oU C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Racy Rid ltPmc Ifierii:: �si�i�iafied ::::::::::::: fifie�n: ifili:unit::nice::............::::::;:::::::::::: =::::::::::::::::: ::: ]Exteuileii:::: ........ ... .:. Io: ; ................... :. uantEty .............:.:.............::::..:.:.:.:....:.:.:....::.:.:::.:.::::::::..:..:.:..:.:...:..:.:.:.................... ::::: >::::: ;<: ;: v> > ten:1n:wolyds:::::::::::::::<::::::::....:::....:.....:.: ;:�Jt► t< riee: >:::: .... ... . t: r o ��z ... . 1 1 Mobilization L.S. @AtyQ Dollars $ $Sid° __1 Cents Per L.S. 2 1 Clearing and Grubbing L.S. �� @ 49e 1 "`EJv<J�^'y''1 Dollars $ 5/WO $ 51007 Cents Per L.S. 3 1 Traffic Control Plan (No Traffic(( Engineer Stamp Required) ' L.S. @ ©I� Dollars $®O0 $ 1r�D' ( Cents Per L.S. 4 1 Furnish Project T/r�af�fic,Co�ntrol L.S. @ (NO '�N�1LLytll� Dollars $ Z Coo $ Zlcoo. Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-6] L.F. @ f Dollars $ 6P.00 $ [ S00° Cents Per L.F. � 6 1 Erosion Control i�dX5 1l L.S. @ o Vw_-- Dollars $ $ 1 Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ fi q Dollars $ O • Ocl s21000. Cents Per L.F. 8 347 Remove V--G•utttter (W=48") L.F. @ l Q Dollars $ (0. 00 $ Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") L.F. @ Dollars $ S. Cn cc' $ Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Ifiem:. Estimated :: : :::: Ifiem:avith: tin�f: rLce:::::::::: ><: >:: ;: >:: . ...;::.:.::.:: :Extended:: : ...................... .................................... ..................................................................... 10 170 Remove and D' ose of Metal Street Light Conduit & Wiring _\ "� L.F. @ Ve Dollars $ $ � • Cents Per L.F. 11 786 Unclassifie xc ation C.Y. @ Dollars $ ,3`Z .� $ 25115- Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ �lG( Dollars $ •� $ Cents Per TON 13 778 Construct C shed Aggregate Base Wedge (@ Toe of Slope) i v TON @ Dollars $ yo •c0 $ 311 MV . Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] L.F. @ � Nl Dollars $ 19.00 �qq $ 5i89 y/ Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ ,g Dollars $ 30 o $ (0/000 Cents Per L.F. 16 175 Construct Type B,-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. @�Ar</wLdl' �lV`e Dollars $ ZS.oa $ 4I375./ (� Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (In''clIlu��d_-e�,s,,Connection to Existing Pull Box) L.S. @ T'^�"�i Dollars $ $ 3���• Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D=42") EA. `{'W"O @ +tocajd Dollars $ Z O� $ 2 I0C>10 0 Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC- 1336 ]Rase ]Rid items Ite�ii:: �stii�iated :::::::: Rein: ;etti: unEt: rLce::::_::::::......:::::::::..... :: P :::::::=:::::::::: .............................. ::: Exfieuzlerl:: : ..............: :..:. .........:.........:...........:...... . ..................................... :::::::::::::::w>::::::::::::::' t `.:::::> Tfl e...... _.,..: A 19 447 Install Miraf 1; ON Geofabric ��[,� 2 i+Q�2• S.Y. @ %� Dollars Cents Per S.Y. 20 6400 Install Biaxial Geogridpp--BX1200 (Type S2) �� $ S.F. @ DV'0_ Dollars $ • tA Cents Per S.F. 21 498 Install Anti -Wash 1 geo.jute Netting $ �•� J $ S.Y. @ Dollars — Cents Per S.Y. 22 1 Construction ?ifvey yr $ 5DO• L.S. @ —t- t V"� 64�it,JY1R U` Dollars $ 700• Cents Per L.S. 1•i /(�!;s-!7 Additive Bid Items Item Nn::::_::Qeantity Estii�iafied .:::::::::::::::::::::::::wr��ten:�ir:fvn� ::::::::.::::::.......:with: unifi: rice::::::::::::::::::::::::::.:::::::::::::::::: P.............. . s;:;:;:;::::;:;::;:;:;::;:;:;:;:::.:.:.:.::::�::::::.:� :: ITnit Pciee:: ................................... ::::: zteii ti:.....f:::: . Construct New Chain Link Fence (H=6'), Includes Wooden Privacy Z� Al 250 ScreenipA to11Match ''Existing Wood Screening �} i�lO�a L.F. @�%w""`�1 ; `— Dollars $ $ Cents Per L.F. A2 1 Construct 8" Water V v , Thrust B 14 & Appurtenances 5, $ 5,�a L.S. @ ive Dollars $ Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number �Wl ei 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 4Fffljge S 0`7 h el I i rYl , being first duly sworn, deposes and says that he or she is Er -'es i i F of Sr C p,G, i o e e r I h cr SK c- the party making the foregoing bid that the bid is not made in the interest f, 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. SI— Name of Bidder Signature of Bidder '31058tom/, �ol��r��C°�4`lZoaB Address of Bidder Subscribed and sworn to before me this day of 4 20 0 . Cowdrismon 1733"1 Moir Pole • Cowan" � Meow Cowstr NOTARY PUBLIC of uA It-S64-;nel 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 CITY YARD SLOPE REPAIR, CC-1336, (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: -1-7-7- Q 9 S(tvl Em l0P9Vl! . :�C Contractor By �rP5 c d eKV Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7 / 27 I 01 Contractor By ?res(dQJ Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: p� lsi'mlQe ('t-t C- Bidder Name 3b5o '?a(OMA�- Business Address -Fa(( brook i 9 zOz City, State Zip (70o) j31-U(2-9 Telephone Number e b0932(-e A State Contractor's License No. and Class 5 / 3t / lqq3 Original Date Issued .; /3 i /zo, O Expiration Date The work site was inspected by Gcp� of our office on 5�Is4 z3 , 2007 The following are persons, firms, and corporations having a principal interest in this proposal: �tV\A t Re 2 nt2 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 Name Signature of Bidder ��PHRI_ StN1 Printed or Typed Signature Subscribed and sworn to before me this / 'day of I s ott� wst W, CoMnOtIon #► 1733641 ter wlft - C01110 I County �►oann►�taar�.�tt 1 NOTARY PUBLIC C&,Z7 C6U-A v1Vau �� 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: 9 3 Dm ~ Name and Address of Public Agency Name and Telephone No. of Project Manager: � z/rr �--3 C "J�l 9 Contract Amount Type %wvr v1AMIrylk Name and Address of R283z 'ork Date Completed 0SD T6wAr 'ee' O-A I'viJ Name and Telephone No. of Project Manager: �-n�,�Gc�G�vt ���- �'� 2 11 '�), 1'/(P-1 Contract Amount Name and Type of Work Date Completed Name and Telephone No. of Project Manager: /y%'y Z0oi'a�' /55 01, Qop, Waw teel4ad uo--dl-a"(5 slc6k-)IL60-1 Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r ss. County of leIyp'-S . On <Ta / Z 7. 2 n3 before me, C)�ru ate Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared /-7� ' Name(s) of Signer(s) CHART COLLA VIS0UTSRI Commission # 17335A1 .r Nakuy PubNc - Coiiforrdo Riverside County f*CCf m Mcv23,2011 Place Notary Seal Above ❑ personally known to me Vproved to me on the basis of satisfactory evidence to be the personn�(4 whose name is�W4 subscribed to the within instrument and acknowledged to me that he/s/th,0 executed the same in his/her/their authorized capacity(K), and that by his/hr/tr signature on the instrument the perso, or the entit�� upon behalf of which the person(' acted, executed the instrument. 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 t / 1 f Title or Type of Document: ND�v���Zr/�idYf � r .Oa_ �' / & Z,/� Document Date: 7/2710 Number of Pages: Signer(s) Other Than Named Above: S6J'/f<I L S:iyZ Capacity(ies) Claimed by Sign Signer's Name: ❑ Individual Corporate Officer — Title(s): f e ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: s Top of thumb here 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 American Contractors Indemnity CompanyV� 601 S. Figueroa St., Suite 1600, Los Angeles, CA 90017 (310) 649-0990 BOND NO. 1000821727-22 PREMIUM $0.00 BID DATE: 07/28/09 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Sim Engineering, Inc. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sum of ten not to exceed twenty thousand nine hundred and 00/100 the City of Huntington Beach percent(. 10 %) of amount bid Dollars ($ 20,900.00 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 City yard slope repair - 17371 Gothard Street - CC No. 1336 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 27th DAY OF July 2009 Sim Engineering, Inc. PRINCIPAL By: American Cot ra Indemnity Company By: Paul . Dito. Attorney -in -Fact HCCSZZ22OB06/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?.S • 5,�.,F�S✓_�a sa<�Z ':c .ti'��!s�N,.���.�..'�'. t� wc��. S!�3,..,�.•;a..,: aC:�L�+�' � ��S,s�..: ,g 4.�.,�.�a'�<, �s�t,.a_,:L!T.�`,3�4.c.C�.• .•,cJ HL?S State of California County of Orange On Jujy 27A% . 2009 before me, Chris Theveny, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Paul S. Dito Name(s) of Signer(s) moo CHRIS THEVENY Commission # 1797107 .'� Notary Public - California Orange County Comm. Ef fires May 2, 2012 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 han nd cial 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: Bond No 1000821727-22 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Y,N Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors , Indemnity Company Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notaryorg Item #5907 Reorder: Call Toll -Free 1-600-876-6827 ATTORNEY AMERICAN_CONTRACTORS INDEM> i,�. ! Will STATES SURE�I J�(1N�!'i� II1 ,I SPECIALTY INSI�Ci'Wff'ANY t' _ - it I� I�IIi ������i II�'�i' I�I, Iq KNOW ALL MEN BY THESE Perte��it Contractors'l'}de�]�rity C1, a California corporation mite Surety Company, a Maryland cord ration and U.S. Specialty Insurance' Company, a Texas corporation collectively, the "Companies"), do by these presents make, constitute and appoint: Paul S. Dito, Corrine Brown, Paula LaSalle, Denise Renderos, Freddy Anvari or Carmina Macias f Orange, California II, II, (uellh li�'I ttorney(s) m ftael ttrherreparp capacity if more than _one is narriedabove, with �;II dl !I IGbnfera,ed' in'its name lace'ar WWWm � me, Wknowled e and deliver- an aad all bonds reco 111 �� p — g y gI II ! or other instruments or contracW6nuretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by authority of the fallowing resolutions ado ted e ds of Directors of the Compt)le ; Befit Resolved that the President, any ViIc �P 1 A lit e-President, any piae%q gr laq� � sj,j# tlSiOietary shall be and-isJier y bested wi�W tY Y powei and autfiori to a _ oint an one or,� or I e !S� a tt� �y(s)-in-Fact to tCf resent aqe�' a�G� fof ', n bp! a of the Compa uLa&ect tct th ol) !Illla, ;hill! — — �ro�ons: `I _ Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity 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 Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effeoKed by the Corporate Secretary. Be td Resoly d lt)tat ilie signature of any autitartzed offi nt ea IA- e Company heretof4m hcreaft rafftxed to auy power of attorney them o by fats �nrlle',' a d; any power of att y � c f b ff fas 'smile signature or facsrmrle sEal 3ta11—YaM ati binding upon the P,p y 'pnd r u '�erfkmg'to which rt is attached. an li, IN WITNESS WHEREOF, The Companies have cause_ d this instrument to be signed and their corporate seals to be hereto affixed, this 15`h day of July, 2008. EAL ' Statj� of Catv'fornia 1 County afLos'Angeles SS On this 15`h day of July, 2008, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Umted Stites Surety Company and U.S Specialty! Insurance Company who proved to me on the basis of satisfactory evident Ipo be e I' r 'h> wh e name is subscribed to #helWithin instrument and ackno� l t� _ � he xckh ted he same in his authq ��� 'cl 1, aOl i!�tlti t, IIG�i. his signature on the instflcument the pdtson(s), or the n-on=leh d which the persott(s) acted, execute, tkl�h r%en I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. State of California ss. County of et t/e vs (GLP On 2 7 Lo 9 before me, CoZ L-4 V (3 0'u —c s" Date Name and Tide of Officer (e.g., "Jane Doe, Notary Public") personally appeared IS S / /­-) Name(s) of Signer(s) ❑ personally known to me (proved to me on the basis of satisfactory evidence Place Notary Seat Above to be the person(s� whose name(V Wad subscribed to the within instrument and acknowledged to me that he/s�'e/th4 executed the same in his/)4r/th,6ir authorized capacity(i94, and that by his/her/their signature(�fon the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '6/11e.- 64__� Signature of Notary Public OPTIONAL IONAL 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: l c7 �csYt Ct Document Date: 17 2 -7 G ©�% Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: S6 nlL S / /",? ❑ Individual �i Corporate Officer — Title(s): —f C ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Svv,. rvt t"fn 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC October 16, 2009 Terra Pave 12511 Putnam Street Whittier, CA 90602 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, J F: pe Enclosure Sister Cr /�o��o 8,s�S�,TTtVrMgF3k.�?& New Zealand ( Telephone: 714-536-5227 ) SECTION C PROPOSAL. for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may 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 SECTION C CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: Or%e,u eo� (? ►` (�'�^-/ - t �o " l �'10 v� �o.�Y�� -7'i� JG� r c ol <j�i�j ►1n� eil� d �� —.Y\d C-2.1 PROJECT DID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items �terii:: �stiiiiated ......::::::::: Itel<ii: ith: unit: rice::::::::::::=................... P ............:::::::: .. Exfie.........: do ::::. aatitit ' ....................................... < >:::« :::::::=vi i itteii'Ei :vino ds>:'::::::::::::::.:.:.:...:...:.:.:.:.> :.:.:.:.:.:.: ::<IJn>I..Prtee...... �m 1 1 Mobilization ' L.S. e @ �1�'1 no 4�o0 "�� �i1�rLd Dollars $ Ion $ e J D Cents Per L.S. 2 1 and Grubbing Clearing and f L.S. @ Dollars $ Z 0 $2,6d� Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) ' L.S. @ 4-y a -a kL&41A C eJ Dollars $ 2,00 $ Z 0 0 hi -6 Cents Per L.S. 4 1 Furnish Project Traffic Control d L.S. @ 51:'4 by ndwed Dollars $ boa $ 'Loo �J Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 i L.F. @ "30 ollars $rJ $ -�r Cents Per L.F. 6 1 Erosion Control L.S. @' w&n `1wvAW Dollars $ —j Q D $ Z N p Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ —;:I ✓ Dollars $ — $ 1 o Cents Per L.F. 8 347 Remove V-Gutter (W=48") L.F. @ Dollars $ 17 $ 1 b Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") i L.F. @ Fo d fL - Dollars $ — $ 1 moo Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items ..........:w >Mein:En:words::::::::::::::::::::::::::::::::::::ITni..Pnee....... :: :' ::...::::::: �m 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring L.F. @ F,J,25' Dollars $ $ Cents Per L.F. 11 786 Unclassified Excavation ' C.Y. @ �p Dollars $ Z $ -- 1\jt� Cents Per C.Y. 12 600 Construct Asphalt ConcreteL(D=1.00', Type III-C3 PG 64-10) TON @ 5 e-,jg Y1'�'`/ Dollars $ 1 a . cJ 0 i -�y Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ � Dollars $ 3 cJfl $ p - t1474-�j Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-51 L.F. @ Tta, svl--4 - F i ,/----------Dollars $ 3 $ 11 ma o Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ -T-14 I Q.T d - T ad o Dollars $ 37, — $ Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. @ 5 &.rrc .-1 Tic Dollars $ V1 — $ Y q,— ..► ® Cents Per L.F. Fumish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. @ Sr.v6.-1 TNe.a C, a JA Dollars $ $T® vJ o Cents Per L.S. 18 1 R& R Street Light Foundation (L=36", W=36", D=42") EA. @ THn & C TA} o s 8 h d Dollars $ 3 0 0 o— $ o� .J o Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items tem::3telii:w:itti::uii�t:" Price::::::::.. ....... ::::::=::::::::: ::::......::::::: ::: Ezfiended::: l`do:::�:.uantit� ::::�:�::�:�::::�::�:::�:�vv>di��i:En:i��rds:::�:�:::�:�::�:�:::�::�:�:�:�:�:�::�:�:�:�:::�::::� .......................................... .................. ::�:IJ�►it:�P"nee:�:�::�::�:��Am ................. . o t: >: +�tt ... . 19 447 Install Miraft 1120N Geofabric S.Y. @ FIya— Dollars $ $ 2-,T 2'55 Q J fCents Per S.Y. 20 6400 Install Biaxial Geogrid BXI200 (Type S2) S.F. @ Dollars $ $ Ltsb L) J e_R.4�\� 441/le — Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting ' S.Y. @ ----'�— Dollars $ -I. So $,1 31 Ft P-f 'a ^— Cents Per S.Y. 22 1 Construction Survey Fina r} d.4b-ir L.S. @ — Dollars $A 400 — $ d% o0 e� ® Cents Per L.S. /r1c,1P . Additive Bid Items Iter►i :: Estiiriated ::::::::::::::: Ite�n:witti: unit::rice:::::::::::::::::::::::::::::::::.::::::::::::::::: .........................P........... ............................ .................................... ::: ztehded:::: >riiint� Construct New Chain Link Fence (H=6'), Includes Wooden Privacy e Al 250 Screening to Match Existing Wood Screening L.F. @ J drL� 1��2 — Dollars Jam/ C7 Cents Per L.F. A2 1 Construct 8" Water Valve, Thrust Block & Appurtenances L.S. @ Y/�-�M-(-1�yw5� —Dollars $ l OOU $ d l00 Z) Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class iLC' Va !ofa1(aa.Ar '•,So.d Z_% L Ar 4 X.a O ri A .d v CiA- l b 5 L-1 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 ov�v being firs duly sw , deposes and says that hem is of ��t 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. Terry Name of Bidder Bidder 1 Z5I (A `I o6ez- Address of Bidder Subscribed and sworn to before me this �`�day of , 20 or NOTARY PUBLIC q Commission • 1743187 es Notary PubOC • CaWorrda Los Ar4Ww County ^�hMCwrii0M31%2M1 w 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 CITY YARD SLOPE REPAIR, CC-1336, (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: -I Z-? - Oft— Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes X 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: 7 Z "1 OY9 Contractor pi,e� 1A&n+ Title C-7 NO 11 iTp Ir 1 11 r u. ,, t ] 5 (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 N ber be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service ert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Pouje L. Bidder Name ►"Z5 Pu4-nGnn t -+re.e+ Business Address City, State Zip (5132) 69 -7D--7Z-�5 Telephone Number Ll 5 6C9 bjL, C I Z State Contractor's License No. and Class �U(A. 10V00 Original Date Issued 15--bI - z(),a Expiration Date Je- The work site was inspected by V i'c�y r' Qv-m,Vt7,of our office on 20 q 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. Toro. Company Na Printed or Typed Signature Subscribed and sworn to before me thisA9 day o , 200_ . MJEANN' -rR Commisslon # 1743187 Not ary Pubilc - Cglltomia Los Angeles County MYCorrun6�lesINoV3R2011 NOTARY NOTARY SEAL Listed below are the names, address ancrtelephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. C,►�-�,_a-� 150 I:t 1%j M�nl- 1-► IS N. 5� n A�, 1� �4ve SaU: I r10�k 9 �3'3 Name and Address of Public Agency Name and Telephone No. of Project Manager: F ere) o (67, 0 51ri - 0" O Contra t Amount Type of Work Date Completed 2• 131 OO Lao M,;nda 131,id L.a. 1" I i f'c,dc,, 91 Q C�> 8 N and Address of Public Agency Name and Telephone No. of Project Manager: 5 }-eve (5 62 3 1 07 L Cor1t,+ LLJ A 4-,A4 Y\ Was Contract Amount Type of Work Date Completed 3. C,,C Ln r�.r� �n, �; et� Jc hotel J� i �-t 1 �-i- 1 ��31 F �o�d Ate. 61--r-1 ,✓, L>�rxs� al ZC9Liz) Name and Address of Public Agency Name and Telephone No. of Project Manager: 13Db b-�V-tL bl Contract Amount Type of Work 4- Date �- ZtA» C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. 4 KNOW ALL AMN BY i'S13SE PRCSEN73 satvc TERRA PAVE, INC. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland, a corpor-Luou duly o aanized under the laws of the State of Maryland, as Surely, h==:iaf� called Surety, are held and firmiy bound i CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Obligee, in the scan of *TEN PERCENT OF AMOUNT BID* Dollars ( or ( 10 */*) pit of the auaount bad, whichever is less, _ for the payment of which sum west and truly to be made, the said Principal and the said Surety; bind ourselves, our brus., execub rs, administrators, successors and assigns,, jointly and severally, firmly by these prescrig. NVEMMA.S, the Principal has submitted.a. bid for "CITY YARD SLOPE REPAIR, NO. CC 1336" NOW, TIMEFORE, if the Obligee shall accept the had of the P=cipal and the Principal shall enter into a Conhadw#h the Obliges in accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or _Contract Documents wish good and sufficient surety, fir the iaaithfixl pafarma tcc of such Contract and for the prompt payment: of labor and material fiamisbed in the prose=tion thereof; or in the event of the hilum of the Pxmcigai to enter such Conhaet and give snciu baud or bonds, ifthe a Principal shall pay to the Obligee the difficreuca=not to exceed the penalty hereof'betweea tisc amount specified in said bid and such larger amount foewbieh the Obligee may in good faith contract with another party to perform the Work wvered by said bid, then this obligation shall be =11 and void, othcwise to remain in full farce and effect: Signed and sealed this 21 stday of July , 20 09 Mess) (Wit=) TERRA PA�C . BY JO � ERRY— ELIT Y 11�ic3�iA,: Quigley (Sed) NT (T&) �Ov MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY. OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law 'd Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t reof, does hereby nominate, constitute and appoint Michael A. QUIGLEY, of Laguna Ni 0 , ' s t lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and t� p eed: any and all bonds and undertakings, and the execution of suc aese presents, shall be as binding upon said Company, as fully and is a i ey had been duly executed and acknowledged by the regularl e flit ice in Baltimore, Md., in their own proper persons. This power of attorp�th i e gncleC e A. QUIGLEY, dated March 17, 2005. The said Assistant Section 2, of the By- i t t rt£f0that the extract set forth on the reverse side hereof is a true copy of Article VI, y, and is now in force. IN WITNESS WFW-REOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of March, A.D. 2008. ATTEST: pip Di ft, O P State of Maryland ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary IC Theodore G. Martinez On this 4th day of March, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, ii have hereunto set my hand and affixed riiy Official Seal the day and year first above written. r op"- N �_� �Vr Dennis R_ Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-0626 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :>,.a-S : g >' :. :5�:>,�-,>at)t i;:..• ice-... t,�s,..�-.jt t,�-•>;�-...�;�e :. >� .{:j. ;fit . >' > . : '� t,�.a_'.% �i > . . . ;.�s�_. � State of California County of ORANGE On July 21 , 2009 before me, MEG QUIGLEY, NOTARY PUBLIC Date - Here Insert Name and Idle of the officer personally appeared MICHAEL p' • 4UIGLEY Nam(s) of Signer(s) MEG QUIGLEY U Vim, �'m COMM ... 1786547 NOTARY PUBLIC-CALIFORNIA —I ® ;e ORANGE COUNTY (il My Term Exp. January 10, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/m subscribed to the within instrument and acknowledged to me that he/executed the same in his)' authorized capacity(ie$), and that by hisignature(,';� on the instrument the person(), 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 Califo t the foregoing paragraph is true and correct. // WITNE Signature Place Notary Seal Above g OPTIONAL Though the information below is not required by law, it may prove valuable to pe sons ret and could prevent fraudulent removal and reattachment of this form t another Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) seal. Number of Pages: Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact El Attorney, in Fact • ' El Trustee h. Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: I Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatonaiNotaryorg Item 55907 Reorder. CallToll-Free 1-800-876-6827 City ®f Huntington Reach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 16, 2009 TLM Petro Labor Force, Inc. 909 N. Alameda St. Compton, CA 90220 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, yIt Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CAPOA`� 8� sPS�ViVAYPSVP8 New Zealand ( Telephone: 714-536-5227 ) T7 26C 9 J 2 3 P H J T:: L'�ft� c�� f�uf2�rr��UY� �,� - j�v A qow JO (.�th (fir . �.(c SECTION C PROPOSAL . for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No. 1336 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 famish 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ 1o% 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 Bid is Signature 01 07/16/09 CWW a City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. Company Name By I -;?-To Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431 SECTION C PROJECT BID SCHEDULE CFrY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: $ 219,029.16 TOTAL BASE BID AMOUNT IN WORDS: TWO HUNDRED NINETEEN THOUSAND TWENTY-NINE AND 16/100 C-2.1 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items :.tern::: .. ..... ated ::::::.I ............:...tee:with:uii�t:prpce:::::::::::.....:::::::......:..................:::::: ............. gte®: ............................................................................................................................... :�:>'d�l;�:� �:�: � :uantity: �:�:�:�:�:�:�:�::�:�:�:�:�:::�:�:�v�>t�eii�:E><isviro�ds:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�::�:�::�:�:::�:�:::�:�:�:�:� :::�:i�i►��:�P�r��e:�:�: �:�:�:��:r�iou�tt�:=:�:� 1 1 Mobilization r 4400.00 4400.00 L.S. @ Four Thousand Four Hundred Dollars $ $ Cents Per L.S. 2 1 Clearing and Grubbing 4851.00 4851.00 L.S. @ Four Thousand Eight Hundred Fifty One Dollars $ $ Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) / 500.00 500.00 L.S. @ Five Hundred Dollars $ $ Cents Per L.S. 4 1 Furnish Project Traffic Control ' 1732.50 1732.50 L.S. @ One Thousand Seven Hundred Thirty Two Dollars $ $ Fifty Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') [See Section 206-61 550.00 550.00 L.F. Five Hundred Fifty @ Dollars $ $ Cents Per L.F. 6 1 Erosion Control 1163.80 1163.80 L.S. @ One Thousand One Hundred Sixty Three Dollars $ $ and Eighty Cents Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing r � 9.24 2310.00 L.F. @ Nine Dollars $ $ Twenty Four Cents Per L.F. 8 347 Remove V-Gutter (W=48") 11.55 4007.85 L.F. @ Eleven Dollars $ $ Fifty Five Cents Per L.F. 9 375 Remove Concrete Curb (CF=6") 4.40 r 1650.00 L.F. @ Four and Forty Cents Dollars $ $ Cents Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Ite"egi:: iESt�riria#ed :::::":':: >::: iiteni:w3iti: [irtiEt:"race:=:::»:<::'.:.::::::::.::>::=:=.::.: . >:: ::: E�cfieiiiied;::::: :�:�I(f:� �:�. aII�lltfi}'�: ...................................................................... �:�:�:�:�>:�::�:�`:�>::�:�:���3i'&'�tk�JG:Et►:'Vl'Oi'd5:�:�:<��>><�:�:�: 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring 7.70 1309.00 L.F. @ SPvpn Dollars $ $ Seventy Cents Per L.F. 11 786 Unclassified Excavation 61875.00 61875.00 C.Y. @. ixty One Thousand Eight Hundred Dollars $ $ Seventy Five Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) ' 96.25 57750.00 TON @ Ninety Six Dollars $ $ Twenty Five Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) t 41.76 32,489.28 TON @ Forty One Dollars $ $ Seventy Six Cents Per TON 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] ' 33.49 11621.03 L.F. @ Thirty Three Dollars $ $ Forty Nine Cents Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] 31.75 6350.00 L.F. @ Thirty One Dollars $ $ Seventy Five Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting 24.25 4243.75 L.F. @ Twenty Four Dollars $ $ Twenty Five Cents Per L.F. Furnish and Install Pull Box, [-112" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pull Box) 3675.00 3675.00 L.S. @Three Thousand Six Hundred Seventy Five Dollars $ $ Cents Per L.S. 18 1 R& R Street Light Foundation (L=36", W=36", D=42") 2772.00 2772.00 EA. @ Two Thousand Seven Hundred Seventy Dollars $ $ Two Cents Per EA. C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items tern ::..shr ia..... .:::::::::::::::.. .:.... te...... t>b:_tjntf::r e:::::::::::::::::....:....:::::.:.:::.:::::::::::::;:::::::::::::::::::::::::::;:;::: ............................... ....... ards::=::::::::::::..............:::::I3ii ................. t Pi :... ................. �;rinautct : : 19 447 Install Mirafi 1120N Geofabric 3.11 1390.17 p S.Y. @ Three Dollars $ $ Eleven Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) r 1.10 7040.00 S.F. @ One Dollars $ $ Ten Cents Per S.F. 21 498 Install Anti -Wash / Geojute Netting 3.11 1548.78 ' S.Y. @ Three Dollars $ $ Eleven Cents Per S.Y. 22 1 Construction Survey 5800.00 5800.00 L.S. @ Five Thousand Eight Hundred Dollars $ $ Cents Per L.S. q $,, 9Y7�� y,lG Additive Bid Items I('teiri :: IEstir iafed :erii: watti: t�t:..rice>::<:::::::::: uantity:::::::::::::::::::::::::::::::::: writer:tn;i�ords:::::::::::;::::::;:;:;:::::::;:;:; ;::;:;:;:: ;:;:::;:;:::;: ::ni#Prise:: .................. . Construct New Chain Link Fence (H=6'), Includes Wooden Privacy ° Al 250 Screening to Match Existing Wood Screening L.F. @ Forty Dollars $ 40.00 $ 10000.00 Cents Per L.F. A2 I Construct 8" Water Valve, Thrust Block & Appurtenances 8000.00 8000.00 L.S. @ Eight Thousand Dollars $ $ Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and address of Subcontractor State License Number Class 50 BL HAYES 704318 A,C-21 5 J.P ELECTRIC 765730 C-10 5 INLAND EROSION CONTROL 801184 A 40 R.E.LOFMAN CONCRETE 425165 C-8 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 EDUARDO MARTINEZ being first didy swam, deposes and says that he or she is CFO/SEC. of -TLM PETRO LABOR FORCE, 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. TLM PETRO LABOR FORCE, INC. Name of Bidder (22, /-, /' / /' *' /i Signature of Bidder 909 N. ALAMEDA ST., COMPTON, CALIFORNIA 90220 Address of Bidder Subscribed and sworn to before me this all%ay of L� , 2001 . YVETTE TAft Commission # 1799772 Notary Public - California Z ` Los Angeles County NOTARY PUBLIC +vNComm. Expires .iun27,2ot2 NOTARY SEAL C-a . , A State of Ca ifornia County of S Ark: Subscribed and sworn to (or affirmed) before me o this 27tk day of , 20, byi n e�-- proved to me on the basis of satisfactory evidence to be the person( who appeared before me. YiAILEY� commission # 1799772 �eb Notary Public - California Z los Angeles County Wcomm. Eames -kin 27, 2012 (Seal) Signature ITTILITY 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 CTTY YARD SLOPE REPAIR, CC-1336, (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. 07/28/09 Date: C-5 TLM PETRO LABOR FORCE, INC. Contractor (L' 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 V,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. 07/28/09 Date: C-7 TLM PETRO LABOR FORCE, INC. Contractor K' i It By p PRESIDENT Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: TLM PETRO LABOR FORCE, INC. Bidder Name 909 NORTH ALAMEDA STREET Business Address COMPTON CALIFORNIA 90220 City, State Zip 010 } 639-2227 Telephone Number 761755 / A,B,C-10,HAZ State Contractor's License No. and Class 04/16/1999 Original Date Issued 04/16/2010 Expiration Date Charles Partello The work site was inspected by of our office on Z i , 200J The following are persons, firms, and corporations having a principal interest in this proposal: TRINIDAD MARTINEZ EDUARDO MARTINEZ 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. TLM PETRO LABOR FORCE, INC. Name Signature of Bidder EDUARDO MARTINEZ Printed or Typed Signature Subscribed and sworn to before me this day of i W , 2009 . 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. L_ Nt 0 V�kjl - H Name and Address of Public 3. Name and Telephone No. of Project Manager: _ R-" cT 1 SC n k c, M E � q-5e -- Y-9 5-( -ems, r o � . � ct �-i 3 W110 Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: L cA %y\ e--�-V\k) d Vn C's Ib) 399 " 59 2 y� Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 e. State of California County of LOS Subscribed and sworn to (or affirmed) b fore me on his" day of T, L 20tfl, br ae , proved to me on the basis of satisfactory evidence to be the person ) who appeared before me. YVETTE TALLEY Commisslon # 1799772 -ev Notary Public - California z Z ' Los Angeles County iNy Comm. Eames hm 27, 2012 (Seal) Signature�Jl;,tU STATE -OF CALIFORNIA, Pursuant to Chapter "9 of Division 3 ofthe Business and Professions Code arid`t-he'RU[ies-.and,Re�iuldtic)ns::6f the C iittdctbrs.StateLi(:en5'�",Boird the Registrar 00 Coritract'ors does hereby -issue,thi5 license to: T L M PE,,-,- ."L*A�,B'QR,","F0RCE INC to engage .,in:1.101 J 9 .. n a- contractor in ,thefallow�rn clads A -..GEN4,k1iI ING6 - riERINk " PINT ,.-R''A"C'TOR B ....... -,�ONiik!Ok "c . PINQ , -I0JFLECTR-JQAI;.. ffAZ REMQV�L Wi Lness my han,d -anfl seal -this !:cLay., June: 3, . Issued.AprA 16, 1"9 Ricic-sacd jime 2,20.04 This liconse is thepicipprtv.of the Registrar of-Contmorm;, Lk e a j is nut tr�insf �rrable, rid shall bt� returr*�JIU OIL- Registrar qjion dernund'when suspended, revoked, orAnvaliclated .for any reason. it beconies vt.)id if not renexed. �.11 3 L-2.4 ,RW TO [,� !A44M !,,Strphc6 P. Sw& Rc&mr ofmcodf,rictofs Reassigtied"''761755, -LiecngcNuni,bcr ACO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYYY) 4 1 2009 PRODUCER I SU INS . SERV . -BC ENV .BROKERAGE 1037 SUNCAST LANE, SUITE 103 EL DORADO HILLS, CA 95762 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED TLM PETRO LABOR FORCE 9165 BAYSINGER STREET DOWNEY, CA 90241 INSURER A: EVANSTON INSURANCE COMPANY 35378 INSURER B: GOLDEN EAGLE INSURANCE 10836 INSURER C: INSURER D: INSURER E: COVERAGES 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 ISSUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SR kOWL TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTIVE DATE M DD/YY POUCYEXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 PREMISES (Ea occurence) $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Ex I OCCUR MED EXP (Any oneperson) $ 5 000 PERSONAL & ADV INJURY $ 3 000 000 A X POLLUTION 08PKGO1488 10/14/08 10/14/09 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X POLICY JECTPRO, LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000000 X ANYAUTO (Ea accident)r BODILY INJURY $ ALLOWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY B HIRED AUTOS 25-CC-215884-2 04/18/09 04/18/10 X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY -' EACH OCCURRENCE $ 2,000,000 X I OCCUR ❑ CLAIMSMADE AGGREGATE $ 2,000,000 $ 8EFX00108-1 10/14/08 10/14/09 $ A DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TOUR Y OMITS 1=1 ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT ' $ ANY PROPRIETOR/PARTNERIF.XECUIIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? Ity99, desaibeunder SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ A OTHER PROF.LIAB. OBPKGO1488 10/14/08 10/14/09 $3,000,000 OCCURRENCE INC. IN GL ABOVE ETRO:10/14/05 $3,000,000 AGGREGATE DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FOR INFORMATION ONLY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3_0__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R TATI ACORD25 (2001/08) © ACORD CORPORATION 1988 POLICYHOLDER COPY SC STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 01-01-2009 GROUP: POLICY NUMBER: 1541150-2009 CERTIFICATE ID: 6 CERTIFICATE EXPIRES: 01-01-2010 01-01-2009/01-01-2010 CONTRACTORS STATE LICENSE BOARD SC LICENSE NUMBER:CONTR #761755 WORKERS COMPENSATION UNIT INCEPTION DATE:01-01-2009 P 0 BOX 26000 OO:SC SACRAMENTO CA 95826 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - TRINIDAD MARTINEZ, PRES,TRES - EXCLUDED. ENDORSEMENT #1600 - EDUARDO MARTINEZ, SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER T L M PETRO LABOR FORCE INC 9165 BAYSINGER ST DOWNEY CA 90241 SC M0409 PRINTED : 12-20-2008 (REV.2-05) AIA Document A310 Bich Bond KNOW ALL MEN BY THESE PRESENTS, that we TLM Petro Labor Force, Inc. 9165 Baysinger Street, Downey, CA 90241 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Western Insurance Company 675 W. Moana Lane, Suite 200, Reno, NV 89509 a corporation duly organized under the laws of the State of Nevada 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 the amount bid ( 10.0% of bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. 1336: City Yard Slope Repair 17371 Gothard Street (Here insert frill name, address and description of project) NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rdday of July, 2009 (Witness) (Wl LaborTLM Petro Force, I (Principal eal) (Title) W to Insuran Co an (Su ety) (Seat) (Title) to a ie Pham , Attorney -in -Fact CIE A310 ID BOND AIA ,V FEBRUARY 1970 ED THE AMERICAN OF R HIT TS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ALIFORNIAALL-PURPOSE • i. STATE OF CALIFORNIA County of Orange On_I Q before me, Lisa Roper, Notary Public Datt Here Insert -Name and Title of the Officer personally. appeared Stephanie Pham Name(s) of Signer(s) AY LISA ROPER COMM. # 1755752 NOTARvPUSUC- PCERC:uly MCo aft£-xpke:6,2011. Place Notary Seal Above who proved''to me on the: basis of satisfactory evidence to, be the person(§) whose names) Ware subscribed L,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 signatures) on theinstrument 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: Though the information below is not required by law,. it may prove valuable to persons' relying on thedocument 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 Signers) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate. Officer — Title(s): El Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association -9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.Nationa[Notary.org Item rt5907 Reorder: Cal' Toll -Free 1-800-876-6827 WESTERN INSURANCE COMPANY POWER OF ATTORNEY 322942 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Eric Lowey, Mark Richardson, Stephanie Pham Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19"' day of June, 2006. WESTERN INSURANCE COMPANY RA q a etj aavon•ro (Signed)By SEAL President J'lrF OF aEy'p (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19'h day of June, 2006, before me personally came DICK L. ROTT AN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the sai ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said SURA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eac tm. he seal of s�+¢ oration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix y�or er of the B 6u•ectors o� id corporation, and that they signed their names thereto by like order as PRESIDENT v �tETARY,�e t 'ely, of the a y. My Commission expires the 31st da arch, 2017d) liftk$ ............................I.....�.:..........., PATRICIA A. LETSON `re Notary Pubhr. - state of Nyaday3- '¢ is A. Letson Notary Public 1,Ro� ec At-1 Rd in w w...• . No 06-10d 33 ?. E,p,, i, X10 *` c...................................................... ok This Power of Attorney is granted �1 rN by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAN Nn June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a tyre excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whe eof, I have hereunto set m hand and the seal of the WESTERN INSURANCE COMPANY on this 23rd _day of July 009 P,a `oavoa�� a4F Secretary SEAL rasa 4> ��4 a wEJF State of California County of, S Al, ) On ` be#ore me, �i �L G —�_ _ (insert.name and title' of the officer) personally appeared al fd -C)_ 6LL — e `Z — who proved to me on the basis of satisfactory evidence to be the pers6n--N whose name( is/ar'Q subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/he&dieir authorized capacity(ia4, and that by hisiherAheir signature(s�on the instrument the person(s), 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 Signature YVETTE TALLEY COMMIsslon # 1799772 -aa Notary Public - C011fornia Z Z ' Los Angeles County MVComm. E)Vkes,km 27, 2012 (Seal) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2009 UST Development 2001 East Elm Ct. Ontario, CA 91761 RE: CC-1336 — City Yard Slope Repair Enclosed please find your original bid bond for CC-1336. Sincerely, JF:pe Enclosure � 4- Cr�t�°!oA`�Sas�`��irie'�"�P'�Cr°� New Zealand ( Telephone: 714-536-5227 ILL" 2CM J,,JL 23 PH 1: 56 w (1- 0 fZ I;-- C7 I-, L'tA- /' O' 1 Q SECTION C PROPOSAL for the CITY YARD SLOPE REPAIR 17371 GOTHARD STREET CC No.133b 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 forty-five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ 16 ' 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 SECTION C PROTECT BID SCHEDULE CITY YARD SLOPE REPAIR, CC-1336 PROJECT BID: TOTAL BASE BID AMOUNT IN FIGURES: TOTAL BASE BID AMOUNT IN WORDS: jjlt;.s!% cad 3,Z:,t,.A4y :� c�'w'.�S - C-2. I PROJECT BID SCHEDULE City Yard Slope Repair, CC- 13 36 Base Bid Items ... . . ........ .................... ............. I—— ..ii ..... ......................... Mobilization L.S. @ P­ J Dollars Ll Vo 0, $ Cents Per L.S. 2 1 Clearing and Grubbing L.S. @ -�eyCAk K Dollars $ 75 6 C. Cents Per L.S. 3 1 Traffic Control Plan (No Traffic Engineer Stamp Required) L.S. @ k V- Dollars "Soo $ soc,-_ Cents Per L.S. 4 1 Furnish Project Traffic Control L.S. @ '+Ltj ti '4�is;`­­ Dollars -210 or $ 2 Cr C" C' Cents Per L.S. 5 250 Install Temporary Chain Link Fence (H=6') tSee Section 206-6) L.F. @ 5", Dollars $ Cents Per L.F. 6 1 Erosion Control L.S. it @ ��Dollars $ 57cf, 14 o Cc. — Cents Per L.S. 7 250 Remove and Dispose of Chain Link Fence (H=6'), Posts, and Footing L.F. @ Dollars $ a r, Cents Per L.F. 8 4 347 Remove V-Gutter (W=48") L.F. Dollars 303 Cents Per L.F. -75 Remove Concrete Curb (CF=6") L.F.L.$ L.F @ Dollars —Cents ,Per L.F. C-2.2 PROJECT BID SCHEDULE City Yard Slope Repair, CC-] 336 Base Bid Items Wfif: Egft"d:: .............. ............ ... 10 170 Remove and Dispose of Metal Street Light Conduit & Wiring P—t1 /'f. <0 L.F. Ca e V\ Dollars $ $ gy65' ----Cents Per L.F. 11 786 C.Y. Unclassified xc a ion @ Dollars $ Cents Per C.Y. 12 600 Construct Asphalt Concrete (D=1.00', Type III-C3 PG 64-10) TON @ 'A Dollars $ N ' --Cents Per TON 13 778 Construct Crushed Aggregate Base Wedge (@ Toe of Slope) TON @ Dollars q 3, ao $ 33 ys-y, Cents I Per TON J 14 347 Construct V-Gutter (W=36"), Includes 6" Thick C.A.B. [See Section 303-5] L.F. @ Dollars $ $ Cents V 7- 5o Per L.F. Construct Deepened Type B-2 Concrete Curb (CF=6"), Includes Curb 15 200 Painting [See Detail on Plan] L.F. @ Dollars $ 99.1,0 $ Ll 6 CC, +\A Cents Per L.F. 16 175 Construct Type B-2 Concrete Curb (CF=6"), Includes Curb Painting L.F. Dollars $ —Cents Per L.F. Furnish and Install Pull Box, 1-1/2" PVC Conduit & (3) #8 Street Light 17 1 Conductor Wires (Includes Connection to Existing Pull Box) L.S. @ f�,417 �Vf- Dollars $ Cents Per L.S. 18 1 R & R Street Light Foundation (L=36", W=36", D=42") EA. @ e1jLJlCCV\ kVIji-j J1 $ Cents jPer EA, EA C-2.3 PROJECT BID SCHEDULE City Yard Slope Repair, CC-1336 Base Bid Items Tt—em. 7E—shffigtod ................ ............ 'E3d ... d d ty. .................. ......... ............. I I ......... ... ... 19 447 Install Mirafil Gcofabric S.Y. @e v. Dollars $ e" $ 7 C15• Cents Per S.Y. 20 6400 Install Biaxial Geogrid BX1200 (Type S2) - S.F. @ OA-& Dollar$ $ Z. C(_5' $ —Cents Per S.F. 21 498 Install Anti -Wash/ Geo'ute Netting S.Y. @ Dollars $ $ 5"9 76- Cents Per S.Y. 22 1 L.S. Construction Survey @ r C.yt i,' Dollars $ 35c) C - $ 35oO.- Cents Per L.S. Additive Bid Items .......... .......... ..... . ....................................................... ...... ....................... .......... ............. ........ ...... ........... ... ni fiet:::! ...... Construct New Chain Link Fence (1­1=6% Includes Wooden Privacy Al 250 Screening to Match Existing Wood Screening L.F. @ r Au & Dollars $ '3;?, Cents Per L.F. A2 I Construct 8" Water Valve, Thrust Block & Appurtenances L.S. @ Dollars $ 15c,().- $ e5bc.— Cents Per L.S. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion o Work Name. and Address of. Subcontractor State License Number Class a- CCL(4t Po T-ScIL z A ,C IVICK. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California ss. County of Orange _og �,F1zfgcee.. , being first duly sworn, deposes and says that he or she is ✓ ,c l Pa st.NOFa r of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any .advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature dBidder ZCC i *�'4sa- I= C". C- - Q Co 76 I Address of Bidder ` Subscribed and sworn to before me this 2 day of _t., I , 24 NOTARY PUBLIC C-4 NOTARY SEAL ACKNOWLEDGMENT State of: California County of: San Bernardino l i i On 0 _ before me —Darcy L. Woolman, Notary Public (here insert name and title of the officer) ° personally appeared:_Hamied Kazerooni 4 Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person ( whose name )) is/ar( subscribed to the within instrument n- and acknowledged to me that he/skth�y executed the same in his/h//th�ir authorized capacity (i s), and that by his/h//th/r signature( on the instrument the person(/, or the entity upon be half of which the person( acted, executed the instrument. WITNESS my hand and official seal 9ARCY L. WOOLMAN won #t 104485 Los Signatkre� (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 CITY YARD SLOPE REPAIR, CC-1336, (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: - Zia 7.0o C-s U':�F/— 1J«Ce,r A%C Contractor 744� 1Z,1_f By f 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? 13 Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: f 2 t� !z z i C-7 U5 1-*---r--t1fl4,fAP.VT- l WC -- Contractor B .. U(CL ►fCk`Sri�i��j Title IDENTIFICATIONB'" (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 Set -vice Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: i)'57-- 16Za- Contractor By U I (z PK k' 5 / is Title Date: 7 - L. - Z ccI Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER certifies that the following information is true and correct: Bidder Name wU i F (w- (. Business Address �-C/ '7(7 6 City, State Zip Telephone Number State Contractor's License No. and Class r/ l/C)/Og Original Date Issued Expiration Date The work site was inspected by (� K441 �v'r of our office on 0 i 20Q `7 The following are persons, firms, and corporations having a principal interest in this proposal: won kklz_�CV-UC�z P 6 rc ,A d-w• 6-e ( i 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 N Signature of $adder 0 Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 ACKNOWLEDGMENT State of: California County of: San Bernardino On before me —Darcy L. Woolman, Notary Public (here insert name and title of the officer) personally appeared:_Hamied Kazerooni Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (t whose name(/ is/ar/ subscribed to the within instrument and acknowledged to me that he/sl/e/thly executed the same in his/h//th/r authorized capacity( /1), and that by his/h//tf eir signature(/ on the instrument the person(, or the entity upon be half of which the person (acted, executed i the instrument. DARCY L. WOO�LMAN �' =µ COMM11861on # 1684485 I z 3 z • `'�'Nway ftft • Califam s Los Angeisa Cotady My Comm. Expl WJI9 28. 201 (Seal) UST Development, ,eeo,e➢ ,fib Inc. REFERENCES Company: C.W. Driver Project Name: Target T-2165 Project Location: Vista, CA Project Contact: Daren Laub Position: Project Manager Mobile: 858.401.3107 Company: Advent Companies Project Name: Clinton Family Apartments Project Location: Mecca, CA Project Contact: Nick Haddock Position: Project Manager Office: 949.540.2746 Company: Piemonte Development Company, LLC Project Name: Piemonte at Ontario Center Project Location: Ontario, CA Project Contact: Trey Keyes Position: Project Manager Mobile: 760.508.3315 2001 E. Elm Ct., Ontario, CA 91761 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for CITY YARD SLOPE REPAIR, CC-1336 July 16, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. The use of Mirafi BXG12 as a functional equivalent to the specified Type 2 BX1200 geogrid is acceptable. This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2009. 0,5 l>Ft"r—tLR uOa.r Company Name d0 1 7-6, Z co 1 Date By All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE UST Development, Inc. 2001 E. Elm CourtOntario CA 91761 as Principal, hereinafter called the Principal, and First Sealord Surety, Inc. 789 East Lancaster Avenue Suite 200 Villanova PA 19085 a corporation duly organized under the laws of the State of PA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. al has submitted a bid for City Yard Slope Repair- CC No. 1336 - This project will reconstruct and geotechnically stabilize a WHEREAS, the Principal previously failed slope using biaxial geogrid layers and a crushed aggregate base wedge along the toe of the slope. The scope of work includes, but is not limited to: clearing and grubbing, excavation and grading, removal and construction of concrete curb, v-gutter, and asphalt concrete pavement, installation and connection of street light conduit, electrical pull box, and wiring. The installation of a new chain link fence, and a water valve with appurtenances are included as additive bid items. 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th Chau Tran (witness) day of UST Devel First Sealord JUIV 2009 nt. Inc. rety, Inc. (Surety) (Seal) (Title) (zieaf) ------------ W. Newell ('it"e) AIA DOCUMENT A310 • BID BOND • AIA ® FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMEN4. State of: California County of: San Bernardino i On July 27, 2009 , before me Darc . Woolman, Notary Public (here inse a and title of the officer) Personally appeared: David Bell Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person /whose name(/ ame( is/ary subscribed to the within instrument and acknowledged to me that he/s�e/tr y executed the same in his/h//tt it authorized capacity(iA), and that by his/her/th it wnatur4 on the instrument the person( or the entity upon be half of which tie person( acted, executed the instrument. WITNESS my hand and official seal— UARCY L W00i MAN Commiss10f1 # 1684485 Notary Pubft - California Los Arg®b{ County My Comm. ExPMJu 28. 201 Sign ture �, (Seal) State of California County of Los Angeles On July 27, 2009 before me, Jennifer K. Green, Notary Public, personally appeared Keith W. Newell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JENNIFER K. GREEN Commission # 1777368 Notary Public - California z Los Angeles County Comm. E!ires Nov 1, 2011 ®ants First Sealord Surety, Inc. Power No: SD-0734-09-05263 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc..a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company") has made, constituted and.a ppoinfed, and by these presents does make, constitute and appoint Jennifer K. Green and/or Keith W 'Newell all of Los Angeles, California its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf.insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: Not To Exceed Five Million Dollars ------- —--------------------- ($5,000,000.00) ********** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Corporation as fully and to the same extent as if -signed by the dulyauthorized officers of the. Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby -given, are hereby ratified and.confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds; recognitions,.stipulations,`consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating` in any, way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary'or an Assistant Secretary; or b) by an Attorney - in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." I-N WITNESSWHEREOF, First Sealord Surety, Inc. has caused,fhese presents to be 1. duly, signed and its corporate seal to be hereunto affixed and duly attested -this 20th day of January, 2004, -_ rye-�Y"K' First Sealord Surety, Inc. lag-, `�c_ (Se;ti): z °'+s'' Attest:4 By: Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc-, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc , the corporation described in and,which executed the foregoing instrument; that he knows the corporate seal of the said Corporation' =that the=seal affixed to said instrument issuch corporate seal; that it was so affixed by order of the Board )f Directors of said Corporation; p y y £OI+MONWEALTH QF RENNSYLVANIA and that he s ned his name thereto as;Vice President ofaaid Corporation b like authority. ` 0 b1 T. Li^� ��� Na SOW �` AtNhaty T. Notary Ftrt�c (Seal) � � +_- �'�/ - Notary Public LowerMedonTwp.,Mwtgorr"Coxty t-5 Q f � .py0... MyCixptt'ii&aiar Eiq*W Ate. 5, 20f0 CERTIFICATE Member, Perms*arda Association df Notarise I, the undersigYV6i Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12-1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 27 thday of July 120 09 . This power of attorney is void unless the. Bond number is inserted in this paragraph (insert Bond # here 09-6911—Bid ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) 44'-e G5Ay L. Bragg, ecretary First Scalord Surety POA.doc (Ed.01/20/2004)