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Concept 4 Construction, Inc. - 2012-09-17
RECEIV.EDrBY-, �Y -(Name) / (Date) TO: Shari=Freidenriehr; City Treasurer L FROM: DATE: ' ZZ3 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) 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. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 3 Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. #27 g1followup/bond letter. doc F City of Huntington each INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Construction Manager DATE: May 1, 2013 SUBJECT: Retention Release Payment Company Name: Concept 4 Construction Address: 15753 East Santa Ana Canyon Road, Suite G-611 City, State and Zip Code: Anaheim Hills, CA 92807 Phone Number: (714) 393-5858 Business License Number:A284967 Local Address: Same as above Notice of Completion Date:215/13 Contract Purpose: Release of remaining retention funds, to the above contractor, withheld for the MSC 481, 482 & 484 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 ti Date Travis Hopkins,`06blic Works Director l certify that there are no outstanding invoices on file. 5 3 i3 Date :)I1d1t/F1CiuCi 1w —,r�tct 1 v4N,C Z S I ,�-eQSU(/Pfi I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 0�( oan Flynn, qi* Clerk r>> /v/ 02,9,1V T'Drli941G'E 3ANa� Retention Release Memo 5/112013 10:12:00 AM 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: /V�(f 'wf �/S i4 Project: The undersigned contractor on the above -referenced project C'Proj ect') 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. / Gam_ 20�, at _/ > California. Executed this day of �lc{✓�= �� (Type Contractor Name) By. N [Type Name] Title: [Type Title] CITX FIURny TLS o-s • ab - cst'p 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: �a v i D cL5 ,57i)-e5 & 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_ day of , 2013 , at �"`�°i , California. (Type Contractor Name) By: , e: [Type Name] Title: [Type Title] t� �� i()RNEY 11J 3•2KI�•U 11 245911.1 I, 2. CONTRACTOR'S CERTIFICATE �%�a�✓, state and certify that: (Name of Declarant) is the general contractor to the City of Huntington Beach ("City") on Contract No. y p'J, USX �'Yy (the "Contract") for the construction of the public work of improvement entitled: 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�f . 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 141 / & - / on this / 0"- day of ����� -- 201�. ignature of Declarant) APPROVED AS TO FORM By: 1'710, -U 3• Zo ofe Name: [Type Name] Title: [Type Title] 245914.1 RECEIVED BY: (Name) (Date) c�A CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: , City Treasurer FROM:/ LET DATE:/3 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No.— Approved ((jodncil Approval Date) Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc MAINTENANCE BON® KNOW ALL MEN BY THESE PRESENTS: Bond No. CTSBCU113633 That: Concept 4 Construction, Inc. [contractors name] 5753 E. Santa Ana Canyon Rd. G-611, Anaheim Hills, CA 92807 [contractor's street address, city and state and zip code] as Principal (hereinafter called Contractor), and: Tower Select Insurance Company [surety's name] 195 Lake Louise Marie Rd/PO Box 8005, Rock Hill, NY 12775-8005 [surety's street address, city and state and zip code] a corporation organized and existing under the laws of the State of New York Iwith its principal office in the City of Rock Hill, NY as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Thirteen Thousand Six Hundred Eight Dollars and Eighty Cents Dollars ($13,608.80 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the ADA Improvements - Various Sites Central Park MSC #482, Banning Library MSC #481, Oak View Community Center MSC #484 in accordance with drawings and specifications prepared by B O A Architect which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be March 13 2013 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract , then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available 10-2567/50583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective worts and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 13th Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: day of March 20 13 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. Concept 4 Construction, Inc. (Contractor Name) By: (Seal) (Title) Tower Select Insurance Company (Surety Name) By' �� Jeanne McKean(Seal) Attorney -in -Fact ZVED AS TO FOR t cGRATH, City AttOM-ey 10-2567/50583 2 t��! ..rlr. • \}!;1i!:!;/ \.!!::":!;•/ - A,!u!;!//' \�! 1!I!:/ • t!...0.•.!</MX \\\\'1YPI/'/iu\\%,1Clle%/GiO\'t•\1111iy,/Gi \�',Y'lll�GiO� �'1llllgliid\��1Cil l�r Y♦ll�.i\�,w.I�il•�I t�l��.n��,w„<.. NtrN1,:wJJ„�j.ItliP�llf1 ..,.1!..;:i.,�lt�1.41 � IIOP.... ....q llt tl�-, -11t 11 N1/ll 1111 ♦��� ; IIY1 p, _ n11111�1111111pi �p1�1111t111i1jIPpi ; nllllll 1111111,E ; n I ��� ��pIt1111�I11i111�je�pni�111Vlll�ljljl111�"F�dil�lllllll�lljllljji��'iii�11111V1111111j1ija ����: 11111j1�1j111111Yi111111�1j11�11 Y4111�I�p1`'��s'n1�1�111�Yl�IjPpi,, ; � _ _\\n�I 111�1Y111111110... ig111111Yllllllp ... III IIIIYIIII II II IIIIYII I--.=__.•> I Vllllllil;�lIIIII�IINiIIIIIII`;1111111�11MIjI�VIj�„;Y�1111�1111� �� — y Wlllllllll.'iIII�II�Nllllllllll,�"1IIj1�11N11�1�11j';%iI11jIj11N�z o; f _TOWER GROUP COMPANIES -- — = 4 TOWER INSURANCE COMPANY OF NEW YORK _ o er of Wt- Know All -Men by These Present - That Tower Insurance Company of New York, a New York Domiciled Insurance Company, having its home office located in the City c of New York fte of New York, does make, constitute, and appoint: Donald Appel; 251l-2man, Jeanne McKean & Robert Wong Attorney -in -Fact hi the City of -Rock Hill State of New York with limited authority, its true and lawful Attomey(s)-in-Fact with full power and autlreby conferred, to sign, execute, seal and deliver for and on its behalf, as surety=°arils �its act and deed, any and all bonds, both ��nd &n-admitted, letters of credt undertakings, and contents of suretyshi"ra�ided=tliat rObond or contract of suretyship executed E tffs authority shall exceed in pena * amount the sum of: -------------ALL WRITTEN INSTRUMEN7-SWIN AN AMOUNT NOT TO EXCEED $3,000,000---------- THREE MILLION AND 00/100 DOLLARS e&bm_owled ement and execution of suchh-bond by the said Attorney -in -Fact shall & as_bmdrng upon this Company as if such bond had been executed and acknowledged by the reguW-1feleptex1 officers of this Company. All authority hereby conferred shall expire and temunate, without notice, unless used before midnight of December 31, 2013, but Cmtil such time shall be irrevocable and in full force and effect. ToweLInsurana Company of New York further certifies that the following is a true and accurate =copy of the Section in the Corporate By -Laws tMW too and undertakings: - Article III -Officers and their Duties, S fibrO-Execution of Contracts: (b) All other documents or instruments, excepting checks, drafts or other negotiable instruments, shall be signed by the President or any other officer or employee or agent or attorney -in -fact authorized in writing by the President to sign such document or 'instrument; persons so authorized also shall have the power to affix the corporate seal. IN SS REOF, wa—fi_ave caused these presents to be executed by_its7vianaging Vice President, Robert W Heddes this y� day ofy�r1 TO R INSURANCE COMPANY OF NEW YORK RobettW;FtEdges — - —_ Managing Vice President NOTICE: the background shading of this document is BLUE, If it is not, this is not a Certified Copy- Call 1-845-791-6700 Please Direct -Ail _Oornespondence To: Ox Bonding Insuiance=Sersices=- 195 Lake Louise Mane Road, PO BW 001 Rock Hill, NY 12775-8005 Cali: (845) 791-6700 or Fax (845) 794-5333 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK ) ss: COUNT OF SULLIVAN ) On the 13th day of March, 2013, before me, the undersigned, a Notary Public in and for said state, personally appeared Jeanne McKean, personally known to me, who being by me duly sworn, did depose and say that she resides in BgMille, NY; that she is the Attorney -in -Fact of the Tower Select Insurance Company; the corporation described in and which executed the within instrument; that she knows the seal of said corporation; 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 corporation; and that she signed her name thereto by like er. No ary Public SOMA t. MUEN: Notary Pubk - stab of am Yaw NO. COMMON: 0MOM In SNu= TM Z�� �� Document 707 -19 Consent Of Surety to Final Payment PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: ❑ ADA Improvements -Various Sites Central Park MSC #482, Banning Library MSC 4481, ARCHITECT: ❑ Oak View Community Center MSC CONTRACTOR: ❑ #484 CONTRACT FOR: ADA Improvements - Various Bond No. CTSBCU113600 Sites SURETY: ❑ TO OWNER: (Name and address) CONTRACT DATED: OTHER: ❑ City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Tower Select Insurance Company 195 Lake Louise Marie/PO Box 8005 Rock Hill, NY 12775-8005 ,SURETY, on bond of (Insert name and address of Contractor) Concept 4 Construction, Inc. 5753 E. Santa Ana Canyon Rd. G-611 Anaheim Hills, CA 92807 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: March 13, 2013 (Insert in writing the month followed by the numeric date and year.) t Attest: (Seal): Tower Select Insurance Company (Surety) Si ature of authorized representative) `J e McKean, Attorney -in -Fact (Printed name and title) , OWNER, AIA Document G707— —1994. Copyright © 1982 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:33:19 on 03112/2013 under Order No.2261693798_1 which expires on 09120/2013, and is not for resale. User Notes: (1248019511) PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Eric Charlonne P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk Recorder II II II 1111111111111111111111111111111111111111111111111IIIIN0 FEE 2013000074418 10:26am 02/05/13 66 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Concept 4 Construction, Inc. who was the company thereon for doing the following work to -wit: ADA IMPROVEMENTS VARIOUS AREAS, MSC- 482.481 &484 That said work was completed January 30, 2013 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 30, 2013, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Tower Select 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 5, 2013. r D' cto f Pub ' orks orpity Engineer ity of Huntingt n Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of_erange County. _ Dated at Huntington Beach, California, this February 5, 2013. (rector of Public Works or City Engineer This document is solely the official business of y of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: / (Name) , (Date) J CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: SharizFreidenrich, City Treasurer FROM:DATE: SUBJECT: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. (Company Name) (7 CC No. MSC No. 61 Approved Agenda Item No. (Council Approval Date) City Clerk Vault No #27 g1followup/bondletter.doc FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT 4 CONSTRUCTION, INC. FOR ADA IMPROVEMENTS - VARIOUS SITES MSC 482 - 481 -484 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 CONCEPT 4 CONSTRUCTION, INC., a California, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ADA IMPROVEMENTS - VARIOUS SITES MSC 482 - 481 -484 in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are g/agree/citywide/surfnet/federalCDBG 1 of 43 12/11 recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 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 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. g/agree/citywide/surfnet/federalCDBG 2 of 43 12/11 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; 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, g/agree/citywide/surfnet/federalCDBG 3 of 43 12/11 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 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. g/agree/citywide/surfnet/federalCDBG 4 of 43 12/11 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Twenty Four Thousand Dollars ($124,000), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Thirty (30) consecutive Working Days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and g/agree/citywide/surfnet/federalCDBG 5 of 43 12/11 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 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work g/agree/citywide/surfnet/federalCDBG 6 of 43 12/II 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 Agreement 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. 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. g/agree/citywide/surfnet/federa]CDBG 7 of 43 12/11 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working 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, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working 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. g/agree/citywide/surfnet/federalCDBG 8 of 43 12/11 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 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 g/agree/citywide/surfnet/federa]CDBG 9 of 43 12/11 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 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. g/agree/citywide/surfnet/federalCDBG 10 of 43 12/11 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 Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 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, five percent (5%) 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. 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 g/agree/citywide/surfnet/federalCDBG 11 of 43 12/11 and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. 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 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. g/agree/citywide/surfner/federalCDBG 12 of 43 12/11 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 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, its officers, elected or appointed officials, employees, agents, and volunteers. 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. g/agree/citywide/surfnet/federalCDBG 13 of 43 12/11 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 maintain 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. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to 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, g/agree/citywide/surfnet/federalCDBG 14 of 43 12/11 of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted.. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the .City Attorney 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. g/agree/citywide/surfnet/federalCDBG 15 of 43 12/11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 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 g/agree/citywide/surfnet/federalCDBG 16 of 43 12/11 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 23. 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, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. g/agree/citywide/surfnet/federalCDBG 17 of 43 12/11 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 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOWs 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 g/agree/citywide/surfnet/federalCDBG 18 of 43 12/11 the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN Eric Charlonne 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: George Nemeh Concept 4 Construction, Inc, 5753 East Santa Ana Canyon Road, suite G-611 Anaheiom Hills, California 92807 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, 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 g/agree/citywide/surfnet/federalCDBG 19 of 43 12/11 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 and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent 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. g/agree/citywide/surfnet/federalCDBG 20 of 43 12/11 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfnet/federalCDBG 21 of 43 12/11 training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this g/agreelci"ide/surfneUfederalCDBG 22 of 43 12/11 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. g/agree/citywide/surfnet/federalCDBG 23 of 43 12/11 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/citywide/surfnel/federalCDBG 24 of 43 12/11 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG 25 of 43 12/11 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG 26 of 43 12/11 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG 27 of 43 12/11 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage g/agree/citywide/surfnet/federalCDBG 28 of 43 12/11 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they g/agree/citywide/surfnet/federalCDBG 29 of 43 12/11 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g/agree/citywide/surfnet/federalCDBG 30 of 43 12/11 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) g/agree/citywide/surfnet/federalCDBG 31 of 43 12/11 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfnet/federalCDBG 32 of 43 12/11 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. g/agree/citywide/surfnet/federalCDBG 33 of 43 12/11 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG 34 of 43 12/11 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG 35 of 43 12/11 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG 36 of 43 12/11 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. g/agree/citywide/surfnet/federalCDBG 37 of 43 12/11 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection g/agree/citywide/surfnet/federa]CDBG 38 of 43 12/11 Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and g/agree/citywide/surfnet/federalCDBG 39 of 43 12/11 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfnet/federalCDBG 40 of 43 12/l1 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. B. Violation; Liability for Unpaid Wages;Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/federalCDBG 41 of 43 12/11 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. 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. 64. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG 42 of 43 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on'T��—��/;- , 20_/,j CONTRACTOR Concept 4 Construction, Inc. By: print name ITS: (circle one) Chairma residen ice President AND la0 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer g/agree/citywide/surfnet/federalCDBG 43 of 43 12/11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor y Cler* INITIATED AND APPRO D: Director of is Works REVIE)/FD AND APPROVED: Manager APPROVED AS TO FORM: On Ci Attorney ` i FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 6 7. NOTICE TO PROCEED 6 8. BONDS 7 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 8 11. LIQUIDATED DAMAGES/DELAYS 8 12. DIFFERING SITE CONDITIONS 10 13. VARIATIONS IN ESTIMATED QUANTITIES 11 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 13 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 13 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 14 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 15 22. NOTICE OF THIRD PARTY CLAIM 16 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 17 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 17 26. NON -ASSIGNABILITY 18 27. CITY EMPLOYEES AND OFFICIALS 18 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 18 29. NOTICES 18 30. SECTION HEADINGS 19 31. IMMIGRATION 19 1 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 20 34. INTERPRETATION OF THIS AGREEMENT 20 35. GOVERNING LAW 21 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. COMPLIANCE WITH APPLICABLE REGULATIONS 21 39. MINIMUM WAGES 23 40. PREVAILING WAGE LAW 26 41. WITHHOLDING 26 42. HEALTH AND SAFETY 27 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 28 44. APPRENTICES AND TRAINEES 28 45. PAYROLLS AND BASIC RECORDS 31 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 34 47. SUBCONTRACTS 34 48. FEDERAL PARTICIPATION 34 49. DAVIS-BACON ACT 35 50. DISPUTES CONCERNING LABOR STANDARDS 35 51. CERTIFICATION OF LIABILITY 35 52. DISCRIMINATION, MINORITIES, ALIENS 36 53. EQUAL EMPLOYMENT OPPORTUNITY 36 54. COPELAND "ANTI -KICKBACK" ACT 37 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 38 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT 38 57. ENERGY CONSERVATION 39 58. HOUSING AND URBAN DEVELOPMENT 39 59. SUBCONTRACTS 40 60. CONTRACT TERMINATION; DEBARMENT 40 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 40 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 41 63. SIGNATORIES 42 64. ENTIRETY 42 ii PROPOSAL for the ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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 i o*o in the amount of $ /o % which said amount is not less than 1 Q% 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 mature - ?- z C-2 PROJECT BID SCHEDULE ADA IMPROVEMENTS — VARIOUS STIES CENTRAL PARR — MSC #482 BANNING LIBRARY — MSC 0481 OAK VIEW COMIVITJNITY CENTER — MSC #484 Base Bid Items: Item Bid 1So .._ _: Amount MSC #482 — Central Parr Restroom Construct ADA improvements per plans and specifications. MSC #481— Banning Library I Construct ADA improvements per plans and specifications. MSC #484 — Oak View Community Ctr. I Construct ADA improvements per plans and specifications. BASE BID AMOUNT ! $ /.lad 1W. ^ TOTAL AMOUNT OF BASE BID IN FIGURES TOTAL AMOUNT OF BASE BID IN WORDS aIV4�0�.d The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Items) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract s� j Ae-dw)44� T;lam 6A6)Q®i*tse44- /?'Kf04V CSy (ow---- s 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-4 N®NC®LLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on&ate S 5 Date City State bein first duly sworn, deposes and says that he or she is of f V the party making the foregoing bid that the bid is not made in t e 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 ignature of Bidder �-AAm - 1fA,eJe,;,A&--yW, Address of Bidder gUV7 C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (l)(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: g! a_ �P/Z Contractor By Title C-6 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTI®NNAIRE 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 KNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Z- e6-,&/1, Contractor -�5'•dvr.IL Title C-8 BIDDER certifies that the following information is true and correct: /,. Bidder Name 5753 f - ��� A&,- Business Address ,e x�0 G-� �✓ -4,10 Q� IIJ0' 7 City, State Zip (?�z ) 9711-S'%v Telephone Number 9�.3Q©Z State Contractor's License No. and Class zIl01/1, r Original Date Issued Expiration Date The work site was inspected by of our office on , 2012. 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 this //) day of - , 201 NOTARY PUBLIC 5'C e_ a ,,L '�"4 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 and Xddress of Public Agency Name and Telephone No. of Project Manager: ^ iss/d -zejauet OZV) Eaz- dsn Contract Amount 2. Name and Address of Public Agency Type of Date Completed Name and Telephone No. of Project Manager: am/ �- 11 V be-. �?oft ) ��� O'eve Contract Amount Type of Work Date Completed 3. /1?T ^ Sac-c,4u )zt r-o G Lt.e-,,^Q--- 8" i V- f c 40'6`�L Name and Address of Public Agency Name and Telephone No. of Project Manager i� Contract Amount noaxio- d uc.IJr. pro a&:'Ka)V1a-5 WAWVv (o- uiI Type of Work C-10 Date G. M Cornm4: Notary F 0n My Comm. ! State of California ) ) ss. County of Orange ) h Subscribed and sworn to before me on this / day of by provel to me on the basis of satisfactory evidence to be the personwho appeared before me. _ �y I ;; '- Z a ,. j G. M. FILAKOUSKY mission # 1895487 Comz Notary Public - California z : .._ zwo Orange County My Comm. Expires Aug 10, 2014 Optional Further Description of Any Attached Document Title or Type of Document: 'y i cjj ev Cs �R�r »rc� t t Document Date: Zd 1(4.> ' 'Z, Number of Pages: 'Z_._ Signer(s) Other Than Named Above: ,,- iLAKOUSKY on # 1895487 �Iic - California z ,e County Tres Aug 1 212014 BIIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): C' Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor:Contact Person: Person: ✓� , C1r� Contact Phone: L71V) q7 q- X q e'D Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Additions and Deletions Report for AIA8 Document A310T M - 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:56:30 on 08/14/2012. PAGE Concept 4 Construction, Inc. 5753 E. Santa Ana Canyon Road Ste G-611 Anaheim Hills, CA 92807 U_Doer Hudson National Insurance Company 195 Lake Louise Marie Road PO Box 8005 Rock Hill, NY 12775-8005 Bond No. 102241-99 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BOND AMOUNT: $ Ten Percent (10%) of the Total Amount Bid Not to Exceed $14,500 ADA Improvements -Various Sites Central Park MSC #482 Banning Library MSC #481 Oak View Community Center MSC #484 6630 Lakeview Dr, 9281 Banning Ave, 17261 Oak Lane Huntington Beach, CA PAGE 2 Signed and sealed this Fourteenth day of Au ust , Two Thousand Twelve Jeanne McKean Attorney -in -Fact Additions and Deletions Report for AIA Document A310TM — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:30 on 08/14/2012 under Order No.8957498984_1 which expires on 09/20/2012, and Is not for resale. User Notes: (2017883187) Certification of Document's Authenticity AIA® Document D401 TM -2003 I, Jeanne McKean, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:56:30 on 08/14/2012 under Order No. 8957498984 1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document A310"m — 2010, Bid Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:30 on 08/14/2012 under Order No.8957498984_1 which expires on 09/20/2012, and is not for resale. User Notes: (2017883187) SURETY ACKNOWLEDGEMENT STATE OF NEW YORK ) ss: COUNT OF SULLIVAN ) On the 14th day of August, 2012, before me, the undersigned, a Notary Public in and for said state, personally appeared Jeanne McKean, personally known to me, who being by me duly sworn, did depose and say that she resides in Barryyille, NY; that she is the Attorney -in -Fact of the Upper Hudson National Insurance Company; the corporation described in and which executed the within instrument; that she knows the seal of said corporation; 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 corporation; and that she signed his name thereto by like order., r, Ndfary Public to t so" Pdft 00. rnisnon" w 00~0 in bN EX0M SuWwn ( /1� M . Ilr Coannk ADMer �f Know All Men by These Presents. That Upper Hudson National Insurance Company, a New York Domiciled Insurance Company, having its home office located in the City ofK67btieello, State of New York, does make, constitute, and appoint: AU771 WIZED INDIVIDUALS: _ eanne McKean _ Attorney -in -Fact - In the City_of. Rock Hill State of New York , with limited authority, its true -and -lawful Attomey(s)-in-Factwith full power` td_autl tyAereby conferred, to sign, execute, seal and deliver for and on its behalf, as_surety d ---its act and deed, any'and all bonds, both Idtnitt and=non-admitted, letters of cretin, undertakings, and contents of suretysi►ip pmvidehat no -bond or contract of suretyship executed _= = = — _= under this authority shall exceed in pe*y`the a1hount_the sum of -------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $500,000---------- FIVE HUNDRED THOUSAND DOLLARS — and execution of inch bond by the said Attomey-in-Fact shall be1isbinding upon this Company as if sucWbofid had been executed and acknowledged by,the regularly elected_o ficers of this Company. All authority hereby conferred shall expire and terminatewithout notice, unless used before midnight of December. 31, 2'012,- but.uotil ., such time shall be irrevocable and in full force and effect. Upper ---Hu National Insurance Company further certifies that the following is a true,and accdre=copy of the Section in the Corporate By- �aws-that"perfain to bond undertakings: Article IX -Policies and Underwriting=Underlalanes: — — — _ All policies and underwriting undertakings null be valid when signed by the President, a Vice President, an Attorney -in -Fact or any other authorized official or agent of the Company, and where required by law, such policies and undertakings may be attested ,,and sealed with a seal of the company.. , The President or Vice President or any person designated by either—of=them-may appoint and authorize Atto_r-Aeys-in-Fact, dtiiciats and agents of the Company to=acconiplish the purposes set forth in this=Article— IN WITNESS WHEREOF, we have caused these presents to be executed by its President, Robert Wong, this -14th day of August 2012 UPPER_HUDSON NATIONAL INSURANCE COMPANY- �`0Q40Rq�.,y u� t C t ° President = • a ' - GAL fi C1 : Robert Wong — == _ 1973 _ • �5` YEwlpvf/ - NOTICtthe-background shading of this documi3 BLUE, if it is N ''`* • — — - - — — not, this is not a Certified Copy-Ca'-1z6700_ = •�•� - — = Please Direct All Correspondence To: Upper Hudson National Insurance Company" _=195 Lake Louise Marie Road / PO Box 8005 Rock Hill, NY 12775r8005 =2857 _ _ — =— = Te1:=845-791-6700 - fid #-102241-99 City of Huntington Beach (CA) rlLa01ll="CllloD City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 7, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CA120035 dated 8/3/12 that are available on-line at http://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated Auguts 7, 2012. �c S �✓ Compan Name g- /� /'0 JZ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or Certified Check payable to the Agency. 3) Central Park restroom building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there is no order in which work is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 375-5005 Weds, Thurs: 10am - 7pm Fri, Sat: 9am - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:OOpm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12pm and 1 pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum Number Two, dated August 9, 2012. CAk-� (Z a_ r,.L Company Name y AV'—zo Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 13, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D-West is incorrect; both existing lavatories are to remain and must be protected in place. This is to acknowledge receipt and review of Addendum Number Two, dated August 13, 2012. 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 Jerry Thompson at (714) 960-8845. MSC 481-482-484 REFERENCE CHECK BIDDER: Concept 4 Construction Inc. REFERENCE:(�t 1 A 0r— GA -A IA— R,-- Q9I06-4; — ���I ►�� IU •.moo �- VW..- What was the scope of work performed by Conceyt4 Construction? O0'n&1d_ � eaL Cd�� &U�' kW y� Was Concept4 Construction the prime contractor for your project? What portion of your project involved AADAA improvements? /* How would you rate the quality of workmanship of Concept4 Construction? How would you rate the responsiveness of Concept4 Construction in providing submittal schedules, construction schedules, labor compliance requirements, responding to the owner or architect, etc?�� ®� Were there any legal disputes, claims, non -payments, delays, etc. regarding Conept4 Construction for your project? A l A'X��` Did the Contractor start and complete project on time? i.100 Did the Contractor complete the project within budget? — 2�4t G{� a, A U Would you use Concept4 Construction again? �� y e1�6 aA d�� � v " 12, /,4, �, 4-�'4 �/, L �111 MSC 481-482-484 REFERENCE CHECK BIDDER: Concept 4 Construction Inc. REFERENCE: I V16, 1.1 W t.� Ak04-rr -+5- C What was the scope of work performed by Concept4 Construction? Was Concept4 Construction the prime contractor for your project? What portion of your project involved ADA improvements? �.a.� Q-, 0 How would you rate the quality of workmanship of Concept4 Construction? 4"_z_/ . Anl AEU/ Caw - D�95 NJ 1 u m4e- ra- WO t-ice e,;D How would you rate the responsiveness of Concept4 Construction in providing submittal schedules, construction schedules, labor compliarice requirements, resgpnding to the owner or architect, etc? Were there any legal disputes, claims, non -payments, delays, etc. regarding Conept4 Construction for your project? Did the Contractor start and complete project on time? q49___-1 Did the Contractor complete the project within budget? Would you use Concept4 Construction again? z6—OZ4 - MSC 481-482-484 REFERENCE CHECK BIDDER: Concept 4 Construction Inc. REFERENCE: MT. • Sw A oZ jlb ` b ?-6-Moj1 O, Ci MDR W-O*r-ef- What was the scope of work performed by Concept4 Construction? Was Concept4Construction the prime contractor for your project? ] What portion of your project involved ADA improvements? No How would you rate the quality of workmanship of Concept4 Construction? How would you rate the responsiveness of Concept4 Construction in providing submittal schedules, construction schedules, labor compliance requirements, responding to the owner or architect, etc? I NLl'V per> Were there any legal disputes, claims, non -payments, delays, etc. regarding Conept4 Construction for your project? �3o — l evew 4i Aw , Did the Contractor start and complete project on time? (/� — Did the Contractor complete the project within budget? — Would you use Concept4 Construction again? (1es \�lzt IA I A D®current A310rM - 2010 o CONTRACTOR: (Name, legal status and address) Concept 4 Construction, Inc. 5753 E. Santa Ana Canyon Road Ste G-611 Anaheim Hills, CA 92807 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SURETY: (Name, legal status and principal place of business) Upper Hudson National Insurance Company 195 Lake Louise Marie Road PO Box 8005 Rock Hill, NY 12775-8005 Bond No. 102241-99 BOND AMIOUNT: $ Ten Percent (10%) of the Total Amount Bid Not to Exceed $14,500 PROJECT: (Name, location or address, and Project number, .if any) ADA Improvements -Various Sites Central Park MSC #482, Banning Library MSC #481, Oak View Community Center MSC #484 6630 Lakeview Dr, 9281 Banning Ave, 17261 Oak Lane Huntington Beach, CA The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A310T — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthoriz6d reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by I AIA software at 14:56:30 on 08/14/2012 under Order No.8957498984_1 which expires on 09/20/2012, and is not for resale. User Notes: (2017883187) When this Bond has been furnished to comply with a statutory any provision in this Bond conflicting with said statutory or le or other legal requirement in the location of the Project, gal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this Fourteenth day of August, Two C-Q-,4-t L (Witness) I (Wit ess) Thousand Twelve Contractor as Principal) (Seal) (Title) Jeanne McKean 1 (Surety) I (Seal) Attorney-in-Fac J (Title) AIA Document A310T — 2010. Copyright©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Init. is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by t AIA software at 14:56:30 on 08/14/2012 under Order No.8957498984_1 which expires on 09/20/2012, and is not for resale. User Notes: (2017883187) mui r ,g,t "I/ Se" .pe L18A, Z0 ACOI tf CERTIFICATE OF LIABILITY INSURANCE F DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of thepolicy, certain policies may require an endorsement. A statement onthis certificate does not confer rimts to the certificate holder in lieu of such endorsement(s). PRODUCER Yorba Linda Insurance Services, Inc PO Box 661 ME' ACT Guy Borak NC AM PH 4NN .mot). (714) 777-8388 ac No): (714) 777-8389 Qg ss:(AM guy@ylinsurance.com INSURE S AFFORDING COVERAGE NAIC it Yorba Linda, CA 92885 INSURER A: North East Insurance Company Phone (714) 777-8388 Fax (714) 777-8389 INSURED INSURER B - State Compensation Insurance Fund INSURER C: Mercury Casualty Company Concept 4 Construction, Inc. INSURER 0. Mercury Casualty Company 5753 E Santa Ana Canyon Rd G-611 Anaheim H(Ils, CA 928073230 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL'SUBR INS WY D POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM(DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 DAMAGEPREMISES PREMISESSEaoocurrerxe $ 100,000.00 COMMERCIAL GENERAL LIABILITY MED EXP one person)$ 5,000.00 A ❑ ❑ CLAIMS -MADE &/:] OCCUR ❑ Y N CGL ED5412478 03J28/2012 03/28/2013 PERSONAL& ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE s 2,000,000.00 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000.00 COMBINED SINGLE LIMIT Ea accident $ I $ 1,000,000.00 D ® POLICY E./] PRO- ❑ LOC AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED ❑ SCHEDULED NON -OWNED ❑ HIRED AUTOS ❑ AUTOS N BA040000000602 06/02/2012 06/02/2013 BODILY INJURY (Per person) I $ BODILY INJURY (Per accident $ PROPERTY DAMAGE Per accident I $ 1 $ ❑ ❑ C UMBRELLA LIAR ® OCCUR AB I�Idl EXCESS LCLA t❑IMS-MADE Y N l X 541245784 03/28/2012 03/28/2013 EACH OCCURRENCE $ 4,000,000.00 AGGREGATE $ 4,000,000.00 ^ ❑ DED U RETENTION $ WORKERS COMPENSATION WC STATU- ❑ OTH- D AND EMPLOYERS' LIABILITY Y I N ANYPROFFICER/MEMBE�XCLNER] ECUTIVE (Mandatory in NH) If yes, describe under DESCRPrIONOFOPERATIONSbelow NIA Y 9003265-12 01/12/2012 10/25/2012 E.L. EACH ACCIDENT $ 1,000,000.00 E.L.DISEASE-EA EMPLOYEE$ 1,000,000.00 E.LDISEASE - POLICY LIMIT 1 $ 1,000,000.00 A Builder's Risk I Y N 04-BR002659 01/04/2012 01104/2013 $124,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addidonal Remarks Schedule, if more space Is required) 10 day notice of cancellation for non-payment of premium. ED AS;'�'O FO ., Project: ADA improvements -Various Sites MSC 482-481-484 In the City of Huntington Beach AVIFE J C T11,City A CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ACORD 25 (2010105) OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /] a 1988-2010 ACORD CORPORATION. All rignts reservea. The ACORD name and logo are registered marks of ACORD N POLICY NUMBER: CGL ED5412478 Commercial General Liability Concept 4 Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY WAIVER OR TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Location of Covered Operations: City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -Commercial General Liability Conditions) is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of ongoing or `your work' done under a contract with that person or organization and included in the "products complete operations hazard" This waiver applies only to the person or organization shown in the Schedule above, CG 24 04 Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER CGL ED5412478 COMMERCIAL GENERAL LIABILITY Concept 4 Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OIL CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected orappointed officials, employees, agents, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Subject to any limitation (s) shown in the above schedule the following applies: WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" or the work of others done for the named insured. The insurance afforded by this policy for the additional insured(s) is primary insurance and any other insurance maintained by or available to the additional insured(s) is non-contributory. CG 2010 11/85 Copyright, Insurance Services Office, Inc. 1984 POLICY NUMBER:9003265 Workers Compensation Concept 4 Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY WAIVER OR TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modified insurance provided under the following: SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of ongoing or'your work' done under a contract with that person or organization and included in the "products complete operations hazard." This waiver applies only to the person or organization shown in the Schedule above. Bond No. CTSBCU113600 (LABOR AND MATERSALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Concept 4 Construction, Inc., 5753 E., Santa Ana Canyon Rd., Ste. G-611, Anaheim Hills, CA 92807 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: ADA Improvements -Various Sites Central Park MSC #482 Banning Library MSC #481 Oak View Community Center MSC #484 (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 Tower Select Insurance Company, 195 Lake Louise Marie Road/PO Box 8005, Rock (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 Twenty Four Thousand Dollars and Zero Cents dollars, ($124,000.00 ), 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 shalt 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 anyway affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277199.1 PAYMENT BOND Page 1 of 2 Bond No. CTSBCU113600 extension of time, ahere ion, addition, or modiliicabon to the terms of the Contract, the contW documents or the work thereunder. Surety also wolves, the provisions of Cafif®mia Civil Code §§ 2045 and 2649. IN VATNESS VVHEROF, each party represents and warrants that this fnstrument has been duty execified by Principal and Surety, on the date ik firth below, that the roanrie of each corporate party being aif#xed hereto is such patty's proper legal name and that the indiwiduals signing this instrument have beery duty authorized pursuant to the aulhorly of its gaverrring body. Surely, by execution of this bond, wolves any defense which Surety has or may have by reason of any fallure of the Principal to owcuto or pigwly execute this Mond. Dated: October 3, 2012 ATTEST (Corporate W ATTEST (Corporate Seal) ` (Attach Attflmey4n-Fact Certificate) Concept 4 Construction, Inc. Tower Select Insurance Comaanv (Surety Name)air -- Jeanne McKean r {signature of Atbomey4ri-Fact for Surety) C8i 45) 791-6700 (Area code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' eimifer Mc th $1I e 04 r+rate: Ms b&W mud be exeadad 1h &Wkare and da d, ear sip otwes must he = and oWdw ce of the aLdm7y 21" 3 Page 2 of 2 PAYMENT BOND SURETY ACKNOWLEDGEMENT STATE OF NEW YORK ) ss: COUNT OF SULLIVAN ) On the 3rd day of October, 2012, before me, the undersigned, a Notary Public in and for said state, personally appeared Jeanne McKean, personally known to me, who being by me duly sworn, did depose and say that she resides in B=ille, NY; that she is the Attorney -in -Fact of the Tower Select Insurance Company; the corporation described in and which executed the within instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by�er of the Board of Directors of said corporation; and that she signed her name thereto by like , er. ; 4 i otary Public to VIA 190. �iY88189.' Bond No. CTSBCU113600 9, n KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated September 17, 2012 , entered into a contract with'Concept 4 Construction, Inc., 5753 E. Santa Ana Canyon Rd., Ste. G-611, Anaheim Hills, CA 92807 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: ADA improvements -Various Sites Central Park MSC #482, Banning Library MSC #481 _ Oak View Community Center MSC #484 (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 Tower Select Insurance Company, 195 Lake Louise Marie Road/PO Box 8005, Rock Hill, NY 12775-8005 (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 Twenty Four Thousand Dollars and Zero Cents Dollars ($124,000.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly tobe 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 :rrsvi.i PERFORMANCE BOND Page 1 of 2 tad No. CTSBCU113600 any other alteration, change, deletion, addition or other modification tD the Contract orthe work tc be perfor rred thereunder, and agrees to automatically a*81: the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions. aftfansorothermodW=Ions. Suretyagrees to provide glitter confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also wolves the provisions of Civil Cade §§ 2845 and 2849. The obligations of this Bond shag survive the completirort of the work described in the Contract as to all obligations and ia6i1'dies 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 iorth below, that the name of each corporate party being aFfoced hereto is such patty's proper legal name and that the kx1vtduats signing this instrument have been duly authorized pursuant to the auttarlty of its governing body. Surety, by execution Of this bond, wolves any defense which Surety has or may have by reason of any falture of the Principal to execute or properly execute this bond. Dated: October 3, 2012 ATTEST Concept 4 Construction, Inc. (Corporate Seal) (P Incipal Name) By. Ttle: ; ✓ ,s��� ATTEST Tower Select Insurance Company (Cotporate Seed) (Surety Na`rne) Na�eanne McKean �imatum of Attorney -in -Fact for Surety) (Aftch Attomey-in-Fact Cam) 8{ 451 791-6700 (Area Code rl< Telephone Number of Surety) APPROVED AS TO FORK CITY OSUUNTINGTON BEACH Mur m7-raur U ml/64 AAorney twit: Trite bond nx* be a vmW in dry ka& and dosad, air amass mrut be nWa USA and arldM ofine auMio* of wy0w2w softas aU=wy4i-Fhvtmastbe airsdre . r",., PERFORMANCE BOND Page 2 of 2 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: , 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. G MSC No. Approved Agenda Item No. (Cg6ncil Appr6val Date) Q City Clerk Vault No. / #27 g:/followup/bondletter.doc 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: , 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. (Company Name) 0�6 Lk CC No. G MSC No. Approved 7-Agenda Item No. 9 (C ncil App val Date) 90 City Clerk Vault No. � CC./� #27 g:/tollowup/bondletter.doc 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] �1R�► Title: [Type Title] E , IF R n o� A ORNEX JL� 3-2�6-UP 245911 1 I, 1 CONTRACTOR'S CERTIFICATE state and certify that: (Name of Declarant) is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who .performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the Statc 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 APPROVED AS TO FORM on this day of , 20__ By: - s/ 1-7 -11J 3 Zo OCP Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 2459141 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 imimmum 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 Califomia, 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. -TlS ab • (5ip 247542A City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 12, 2012 Concept 4 Construction, Inc. 5753 E. Santa Ana Canyon Rd., Ste. G-611 Anaheim Hills, CA 92807 Re: ADA Improvements — MSC-482, 481, 484 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 protect 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 536-5517. Sincerely, Jo . 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) g?Fb�l��ont��tio� Waitakere, New Zealand Council/Agency Meeting Held: Deferred/Continued to: )§ Approved ❑ Conditionally Approved ❑ Denied C' Ier ' Signa e Council Meeting Date: September 17, 2012 Departm ID Number: PW 12-052 w • r • N-119 •AM I V9111110' SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works, and Bob Hall, Deputy City Manager/Director of Economic Development SUBJECT: Award Contract in the amount of $124,000 to Concept 4 Construction Inc. for Construction of ADA Improvements - Various Sites, MSC #482, #481 and #484 Statement of Issue: Bids for Construction of ADA Improvements — Various Sites, MSC #482, #481, and #484, were received and publicly opened on August 16, 2012. Staff is requesting authorization to award a contract in the amount of $124,000 to Concept 4 Construction Inc., the lowest responsible bidder. Financial Impact: Funds in the amount of $224,000 are available for the project in the following accounts: $144,000 in ADA Renovations Central Park Restrooms, Account No. 86081501.82200; $57,000 in ADA Oakview Community Center, Account No. 86082005.82200; and $23,000 in ADA Renovations Banning Library, Account No. 86082026.82200. Recommended Action: Motion to: A) Accept the lowest responsive and responsible bid submitted by Concept 4 Construction Inc. in the amount of $124,000; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not authorize award of the contract and direct staff to proceed differently. Alternative actions may result in the loss of funding for this project. HB -1 7 1- Item 9. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 9/17/2012 DEPARTMENT ID NUMBER: PW 12-052 Analysis: In fiscal year 2009/10, the Public Works Department was awarded funding under the Community Development Block Grant program for the construction of ADA Improvements at the Central Park Restrooms, Oak View Community Center, and at the Banning Library branch. The scope of work was developed by a licensed architect specific to the existing conditions at each site. The projects include such items as accessible parking stalls, path of travel, accessible ramps, entries to facilities and restroom modifications. The three separate projects were grouped together to provide an economy of scale for bidding and construction. Bids were opened publicly on August 16, 2012. Seven bids were received and are listed in ascending order. 1 Bidding Concept 4 Construction Inc. $124,000 2 ZK Construction $134,000 3 Golden State Constructors, Inc. $139,972 4 Robert D. Gosney Construction $176,000 5 M.C. AI ea Construction $177,885 6 Hondo Company, Inc. $187,641 7 JH Bryant Jr. Inc. $269,564 Staff has verified acceptable references for Concept 4 Construction Inc. The architect's estimate for this project is $145,000. Staff recommends that City Council approve the recommended motion to accept the bid from Concept 4 Construction Inc. and award the contract. Public Works Commission Action: The Public Works Commission reviewed and recommended approval of this project on February 15, 2012, by a vote of 5-0-2 (McGovern, Spencer absent). Environmental Status: The project is categorically exempt under CEQA Article 19, Section 15301(a)(c). Strategic Plan Goal: Improve the City's infrastructure Attachment: None. Item 9. - 2 HB -172- SECTION A NOTICE INVITING SEALED BIDS for the ADA IMPROVEMENTS - VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 a.m. on August 16, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $55.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on Thursday, August 2, 2012 at 10:00 a.m., for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pre -bid meeting will begin at the Administration Bldg Conference Room at the Donald W. Kiser Municipal Corporation Yard at 17371 Gothard Street, Huntington Beach, CA 92647 followed by walk-through of the project sites. Project Description: The project consists of limited ADA improvements to existing facilities, including but not limited to accessible parking stalls, path of travel, accessible ramps, entries to facilities and restroom modifications. 0 The contract shall allow the Contractor 45 calendar days to complete the contract. • The architect's estimate of probable construction cost for the work included in the basis of award is $145,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 Attention: PattV Esparza To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: July 13, 2012 Project/C.C. No.: MSC 481482 484 Regarding: ADA Improvements at Various Sites ❑ we are sending you: . ❑ By Mail ® By E-Mail(Number of pages including this sheet:)_2 ❑ 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 # j Copies I Pages I Description 1 1 1 Notice Inviting Sealed Bids for MSC 481482 484 ADA improvements at Various Sites 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 reviewicomment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 7/19/12 and 7/26/12. The bid opening is scheduled for 8/16/12 at 10:00 a.m. Please contact me at 374-5321 if you have any questions. By: Debra u insky, Sen' dminls ti nalyst c: file G:\MAINTENANCE & GENERAL SERVICES\MSC Fm\MSC FxoJEm\400's\MSC 481 482 484 ADA IMPROVEMENTS AT VARIOUS Saes\NISB TRANSMrrnL To CLERK MSC 481 482 484.DOC Account Information Ad information Phone#: (714)536-5227 Startdate 07-19-12 Size 1x180.410 Name: City Of Huntington Beach (Parent) Stopdate 07-26-12 Billed size 18.00 TGN Inch Address: PO Box 784 Insertions 2 Keyword Huntington Beac, CA 92648 Ratecode &Legal Huntington Beach Ad type Liner Taken by 0622 Daniel Arretche Acct #: CU00070479 Class: 13000 - Legal Notices Gross price: $ 274.50 Client: City Of Huntington Beach -Clerk's O Pubs: TCNHBI Net price: $274.50Amt Placed by: MSC-481 482 & 484 Due: $ 27450 Fax #: (714) 374-1557 Note: Amount Due is subject to change due to discounts, miscellaneous tees, orothercharges. Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the ADAIMPROVEMENTS- VARIOUS SITES CENTRAL PARK - MSC #482 BANNING LIBRARY - MSC #481 OAK VIEW COMMUNI- TY CENTER - MSC #484 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 10:00 a.m. on August 16. 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans. Specifications, and contract documents are available from the Office of the Director of Public Works. 2000 Main Street, Huntington Beach, CA 92648. upor payment of a $25.00 nonrefundable fee if picked up, or Payment of a $55.00 o'lMefund able fee if sent by UPS ground delivery 'bidder shalt pay additional costs for spec�ai deliv- ery). This is a Davis Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice wilt incur petite the provisions of the Federal Labor Standards, which are on file at the office of the Director at Public Works, ad proof pg. 1 •-- n A CLASSIFIED G rDail ! Daily Pilot ADVERTISING Y Pilot Printed by: 0602 Patricia Camino Jul 16, 2012, 12:08 pm H.B.I. Salesperson: H.B.I. Phone: Ad935099081 2000 Main Street, Hun- tington Beach, CA 92645. The AGENCY will deduct 5 a retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provisions of the California Gov- ernment Code, Section 4590. The Contractor shall be beneficial owner Of the surety and shall receive any interest thereon, The AGENCY hereby affirmatively ensures that minority business enter- prises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry. sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cash- ier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's Li- cense Class B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting acid walk - through of the site will be held on Thursday. August 2, 2012 at 10:00 a.m., for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pre - bid meeting will begin at the Administration Bldg Conference Room at the Donald W. Kiser Municipal Corporation Yard at 17371 Gothard Street, Huntington Beach, CA 92647 followed by walk- through of the project sites. Project Description:The preiectr_onsists oflimited ADA improvements to existing facilities, in- cluding but not limited to accessible parking stalls, path of travel, accessible ramps, entries to facili- ties and rest room modi- fications. e the contract shall allow the Contractor 45 cater, dar days to complete the c��ntrac:t. -- ad proof pg. 2 --- , �y,� Daily Pilot INCLASSIFIED ADVERTISG r1 DaII Pilot H.B.I. Printed by: 0602 Patricia Gamino Jul 16, 2012,12:OS pin Salesperson: HL Phone: Ad # 35099081 . The architect's estimate of probable construction cost for the work included in the basis of award is $145,000, The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60days. BY ORDER 01the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA. the 6th day of September 2011, by Resolution No. 2011-6& Attest: Joan L. Flynn CITY CLERK OF THE CITY Or HUNTINGTON BEACH Publised H.B. Indepen dent July 19 & 26, 2012 --- ad proof pg. 3 --- fj,� C, 4YI1 lq-..,. / C-4 0 " H J 7 11"t Z I OZ 91 CITY OF HUNTINGTON BEACH BIDS SU 3MI`ITED (AS_ REIN)) AT OPEl®TIlo p)�d _ 4 ::: i:g b ER S:NAME:.'-::RiAN�C. N OUNT ' .. .:P 1R .'!'.BI.D QiM .. P . -0- 9 10 g _w 12 13 F a x 14 15 16 f - 17_ n g 18 19 , 21E. f= 22: Bid Opening Worksheet.xls I� r. [of i"1LY It]i STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or published. I am HUNTINGTON .INDEPENDENT, newspaper of SECTION A NOTICE INVITING SEMED BIDS for the ADAIMPROVEMENTS - VARIOUS SITES CENTRAL PARK - MSG #482 ' BANNING LIBRARY - MSC #481 OAK VIEW COMMUNITY CENTER MSG #484 in the CITY OF HUNTINGTON BEACH,. which wasadjudged,a bids- in the office of thi general circulation on City Clerk, Second Floor 12000 Main Street,. Hun September 29, 1961, case A6214, and tington Beach ("California 92648, up to the hour o June 11, 1963, case A24831, for the 10:q�o a.m. on August 16 201 . Bids will be pub City of Huntington Beach, County of Ihcly open in the Counci (Chambers unless other Orange, and the State of California. 'wise posted. 'Copies of the Plans Attached to this Affidavit is a true and,Specifications, and con complete copy as was printed and'; tract documents an available from the Office of the Director of Public published on the following date(s): Works; 2000 , Mail Sheet, Huntingtoi Beach, CA 92648,.upoi Thursday, July 19, 2012 :aent of ie fee 25.01 Thursday July 26 2012 picked up, or payment l, f 7 a $55.00 nonrefundable fee if sent by UP; ground delivery (bidde shall pay additiona costs for special deliv I certifyor declare under penalty 'cry'. ( ) f1 /'This t DFe ra h' J project and -the Fedora be en of perjury that the foregoing is true ,forgceld. ations Any contract en and correct. 'tend into pursuant b :this notice will, incor porate the provisions o interested in the notice a principal clerk of the BEACH Executed on August 10, 2012 at Los Angeles, California Signature v PUBLIC NOTICE IS HERE-' BY GIVEN that the CITY( OF, HUNTINGTONi BEACH, as AGENCY, in-, vites sealed bids for the above stated projects and will receive such) the Federal Labor Stan- dards, which are on file at the office of the Di- rector of Public Works; 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may. substi .tute an escrow holder surety 'of.equal value to .the retention in 'accor- dance with 'the provi- sions of the, California Government Code; Sec- tion 4590. The Contrac- tor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby af- firmatively ensures that minority business enter- prises will be' afforded full opportunity to sub- mit bids in response to this notice and will not be discriminated against on the basis of race, color,national origin, ancestry, sex, or religion in any, consideration leading to the award of contract. . No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by . a certified check, cashier's check, or bidder's bond made payable to the AGENCY. for an amount no less than 10% of the amount bid. The suc- cessful bidder . shall, be licensed in accordance with provisions 0f the Business and . Profes- sions Code and shall possess a State Contrac- tor's'License Class B at the time of the bid open- ing. The successful Con: tractor and his subcon- tractors will be required to possess business li- censes from the AGEN- CY. A .mandatory pre -bid. meeting and, walk- through of the site -will be held on Thursday,, August 2, 2012 at 10:00 a.m., for the purpose of reviewing- bid doc- uments, receiving bidder questions and reviewing the site. -Pre -bid meeting will -begin at the Admin- istration Bldg Confer. ence Room' at the Donalc W. Kiser Municipal Cor- poration Yard at.17371 Gothard Street, Hunting- ton Beach, CA -9264? followed ,by walk- through of the project sites., Project Description: The project - consists of ,limited AD'A im- provements to, existing facilities, including bui not limited to accessible parking stalls, .path of travel, accessible ramps, entries to facilities anc restroom modifications. The contract shall al- low the Contractor , 4E calendar days to com- plete the contract. • The architect's es- timate of probable con- struction cost for the work included in the ba- sis of award is $145,000. The AGENCY reserve: the right to reject any or all bids, to waive any irregularity and to take all. bids under advise, ment for a maximum period of 60 days. BY ORDER of the- CITY .COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. , Attest: ' Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Publised H.B. Indepen- dent July 19 & 26, 2012 UNSUCCESSFUL BIDS MSC-4819 4829 484 ADA Improvements — Various Sites City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 GSCI 6162 Galipean Dr. Huntington Beach, CA 92647 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL, for the ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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 3105� in the amount of $ 6, o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bi s ble to the AGENCY. (Please insert the words "Cash", "Certified Check", o.� Bidders Bond , the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received IV BMW's Signature Z —14 rz , C-2 PROJECT DID SCHEDULE ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 Base Bid Items: MSC #482 — Central Park Restroom MSC #481— Banning Library Construct ADA improvements per plans and specifications. Construct ADA improvements per plans and specifications. MSC #484 — Oak View Community Ctr. I Construct ADA improvements per plans and specifications. BASE BID AMOUNT J b, Syo TOTAL AMOUNT OF BASE BID IN FIGURES $ ` TOTAL AMOUNT OF BASE BID IN WORDS �� °� l TX The base bid will be used for comparison of bids and to determine the lowest bidder. 1.39, 9 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bad Name and Address of Subcontractor State Class Dollar % of Item(s) License Amount Contract Number 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-4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed one--) 5--12, at kw.,i 0 Date City State Cc'Cu"'&-D , being first duly sworn, deposes and says that Vor she is Y nz-,5,.(g- ofc.;ooSrr-,)c4roitl 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. tO L Q �� C 'D 5^r ry or-t ..S Name of i der of Bidder ( 6 2 �ALt�- Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: R-15—t2- By Title CW9 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 �To 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-7 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: S—A S— I -L, G:oc�cp� S� Contractor A Title 2S C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S i A1'CE Bidder Name Business Address City, State Zip Iq ) 6 z5 - 8I S8 Telephone Number OD 86-toGo State Contractors License No. and Class to / 0005 Original Date Issued 3 --) 3 - .9013 Expiration Date The work site was inspected by (fiCKID of our office on b — Z , 201 Z The following are persons, firms, and corporations having a principal interest in this proposal: rLO �. )r� l CDC-"Ul� W 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. 6�; _.1 r y P"D,'zp 16,- coc_'Ps Printed or Typed Signature * Subscribed and swornto before me this l6 day of AVe'-0,3 1r , 2 A wCLAUDIA COCHRAN " COMM # 1920198 Z ORANGE COUNTY NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRgs JAN. 30, 2018 C NOTARY PUBLIC - u NOTARY SEAL � � "00 �s " l3�rC„ 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. A4 3. Name and Address of Public Agency Name and Telephone No. of Project Contract Amount Name and Address of Public Name and Telephone No. of Contract Amount Name andXddress of Public Agency Type of Type of Work d Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or x Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: (!; 0L go—, 5 ;r�, y c�-or2S Contact Person: (I-o•J•9 -,c- C,o c er- Contact Phone: �- l W 62 S f S Signed: Date: g — / s— t Z *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-comiDliance with Section 3 could result in disqualification. C-11 08/09/2012 10: 8 FAX 7149608877 4 001'/wi HuntingtonCity of Publica , Departmerd 2000 Ma7m Street in the CrrY OF HUNnNGTON BEACH ♦ - }- • - '-. i • ' 17, -:- • r. -- s -`-._s s " s r=- - s :,...r s i. 's 11 ,_ # o f2 &�J Sr/Afr6- C%Ul-)5 a rim-' cVok*Z-,S' Company Name yw BY #� • � ' ' _, s±Fi s ;'.� s e - .. _ �.r-..:s- # I _ ' • #. .• t ' e� r a f • s s'_ City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 535-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall.allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or Certified Check payable to the Agency. 3) Central Park restroorn building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there is no order in which work is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 376-5006 Weds, Thurs: 1 Dam - 7pm Fri, Sat: gam - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:00pm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12prn and 1 pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum Number Two, dated August 9, 2012. bX�c3`� SSG ca;�s rL �' (C,4),J-9 t6- C,0at•,,%,D Company Name By ?--,15-1-z- Date All bidders must acknowledge the receipt of this Addendum with your hid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 535-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11112 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D West is incorrect; both existing lavatories are to remain and must be protected in place. This is to acknowledge receipt and review of Addendum Number Two, dated August 13, 2012. CEO Sc c� GJ-.�Si r��0225 _. ( ) 4§ Company Name By rZ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Seal Beach David Spitz Public Works Dept. 211 8th St. Seal Beach, CA 90740 562-431-252 7 ext. 1304 Construction Dates: 11/7/2011 to 6/30/2012 Project: River's End Staging Area Bid Amount- $1,624,191.85 Project Total: $1,512,711.60 City of Signal Hill Anthony Caraveo 2175 Cherry Avenue Signal Hill, CA 90755-379 562- 989-7300 Project: 2011/2012 Sidewalk Repair Project Bid Amount: $189,2 44 Construction Dates: 10/1 71/201 Ito 2/17/2012 Project Total: $194,499 City of Rancho Santa Margarita E. Maximous 22 112 El Pasco Rancho Santa Margarita, CA 92688 949-635-1805 Construction Dates: 10/10/210 11 to 10/ 13/2011 Project: 2011/2012 Sidewalk Repair Project Bid Amount: $29,108.67 Project Total: $29,108.67 City of Stanton Public Works 7800 Katella Ave Stanton, CA 90680-3162 714-379-9222 x205 Construction Dates: 9/28/2011 to 10/18/2011 Project: FY 11-12 Concrete Rehab Proj. Bid Amount: $40,505.50 Project Total: $59,023.33 City of Tusti-Ti Jason Churchill 1472 Service Road Tustin, CA 92780 I tween 9/11 to 11/11 ,14-573-3150 Construction Dates: be Project: Tustin Pavers Bid Amount: $0 Project Total: $49,790.85 City of Costa Mesa Susan Santoro 77 Fair Dr. Costa Mesa, CA 92628 714-754-5096 Project: Ford Road and Say Street Improvements Sid Amount: $169,305 Construction Dates: 7/5/2011 to 8./14/2011 Project Total: $166,702.36 City of Seal Beach Cesar Rangel Public Works Dept. 211 8th St. Seal Beach, CA 90740 562-431-2527 ext.1328 Construction Dates: 5/9/2011 to 6/26/2011 Project: 2011 Annual Concrete Repairs Bid Amount: $107,970 Project Total: $130,995 Colony of Orange Mario Barragan 2301 N. Glassell Street Orange, CA 92865 714-955 0254 Construction Dates: 5/1/2011 to 5/1/2012 Project: Portland Cement Maintenance Repairs Bid Amount: Yearly Contract Project Total: $230,000 City of Anaheirn Dennis Vasquez P.O. Box 3222 Anaheim, CA 92803 (714) 765-6936 Project: Concrete Sidewalk construction Construction Dates: 3/ 15/ 11 to 3/ 15/ 12 Bid Amount: Dearly Contract Project Total: $750,000 SCZ Go(den State Constmcton, Inc. 6162 Gafipean Dr. Huntington Beach, CA 92647 Awne:714-625-8758 Fax.714-625-8295 City of Fountain Valley Alex Salazar 10200 Slater Ave. Fountain Valley, CA 92708-4736 714-593-4516 Construction Dates: 10/11/2010 to 11/26/10 Project: Sidewalk Improvements on Ellis and Ward to 405 Freeway Bid Amount: $145,540 Project Total: $162,046 City of Seal Beach Cesar Rangel Public Works Dept. 211 8th St. Seal Beach, CA 90 740 562-431-2527 ext.1328 Construction Dates: 9/7/2010 to 10/15/10 Project: 2010 Annual Concrete Repairs Bid Amount: $119,945 Project Total: $143,478.65 City of Huntington Beach Joe Dale 2000 Main Street Huntington Beach, CA 92648 714-567-7721 Project: Safe Routes to School Bid Amount: $166,540 County of Orange Mario Barragan 2301 N. Glassell Street Construction Dates: 7/1/2010 to 9/30/10 Project Total: $190,840 Orange, CA 92865 714-955 0254 Construction Dates: 5/1/2010 to 5/1/2011 Project: Portland Cement Maintenance Repairs Bid Amount: Yearly Contract Project Total: City of Laguna Niguel Nancy Palmer 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 6/1/2010 to 6/30/2010 Project: Labyrinth @ Niguel Botanical Preserve Bid Arnount: $28,503 Project Total: $28,503 City of Lake Elsinore Dave Solomon 130 S. Main Street Lake Elsinore, CA 92530 951-674-3124 x242 Construction Dates: 4/28/10 to 6/4/2010 Project: Sidewalk Construction Project 4308 Bid Amount: $216,168.75 Project Total: $233,310.33 City of Anaheim Dennis Vasquez P.O. Box 3222 Anaheim, CA 92803 (714) 765-6936 Project: Concrete Sidewalk construction Bid Amount: Yearly Contract City of Signal Hill Anthony Caraveo 2175 Cherry Avenue Signal Hill, CA 90755 562-989-7352 Project: Curbs Bid Amount: $50,768.75 Construction Dates: 3/ 15/ 10 to ongoing Project Total: Construction Dates: 3/29/ 10 to 4/30/ 10 Project Total: $57,630.75 City of Huntington Beach Dereck Livermore 2000 Main Street Huntington Beach, CA 92648 714-536-5247 Construction Dates: 3/1/10 to 3/12/10 Project: Curb Ramps II Bid Amount: $53,055.50 Project Total: $53,055.50 City Of Newport Beach Patrick Arciniega 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Project: Coastal Access — River Ave Bid Amount: $1,006,579.92 Construction Dates: 9/14/09 to 4/9/10 Project Total: $ 1,143,668.10 GSCZ Go(den State Constructors, .Inc. 6162 Gal!pean Dr. Huntington Beach, CA 92647 Phone; 714-625-8758 Fax, 714-625-8295 low City Of Newport Beach Alfred Castanon 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Project: Coastal Access — River Ave Construction Dates: 9/14/09 to 1/31/2010 Bid Amount: $1,006,579.92 Project Total: $ N/A City of Anaheim Matt Card 200 S. Anaheim Blvd. Suite 276 Anaheim, CA 92805 (714) 765-5176 Construction Dates: 7/20/09 to 8/7/09 Project: Bikeway/Pedway Bid Amount: $267,765.50 Project Total: $ 278,275.50 City of Irvine Kal Lambaz I Civic Center Plaza Irvine, CA 92606-5207 949-724-7555 Project: School Enhancement Project Bid Amount: $26,746.25 City of Monterey Park Vennie Bermudez 320 W. Newmark Ave. Monterey Park, CA 91754-2896 626-307-132 5 Project: Driveway Entrance Modification Bid Amount: $36,702.20 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 Construction Dates: 7/20/09 to 8/7/09 Project Total: $ 40,335.75 Construction Dates: 5/ 12/09 to 5/29/09 Project Total: $36,702.20 562-929-5719 Construction Dates: 5/4/09 to ongoing Project: Median Island and Striping Modification Bid Amount: $73,963 Project Total: $80,460.15 City of La Habra Chafik Mouradi 201 E. La Habra Blvd La Habra, CA 90631 562-905-9720x209 Construction Dates: 4/27/09 to 5/l/09 Project: Traffic Management — Traffic Calming Bid Amount: $48,568 Project Total: $ 52,000 City Of Newport Beach Alfred Castanon, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Project: Balboa Village Alley Replacement Bid Amount: $128,606 City of Huntington Beach Villa Pacific Huntington Beach, CA Project: Villa Pacific ADA Ramps Bid Amount: $7,200 Construction Dates: 3/9/09 to 4/28/09 Project Total: $142,000 Construction Dates: 2/27/09 to 3/6/09 Project Total: $7,200 City of Tustin Jason Churchill, Public Works Dept. 1472 Service Road Tustin, CA 92780 714-573-3350 Construction Dates: 2/4/09 to 2/4/09 Project: Slope Repair Bid Amount: $4,100 Project Total: $4,100 Department of Public Works Public Works 3rd Floor N306 100 N. Garfield Ave, P.O. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 1/5/09 to 2/27/09 Project: Hamilton Park Drainage Improvements Phase II and III Bid Amount: $236,321 Project Total: $403,571 G C Z Go(den State Constructors, Inc. 6162 Gaf!pean Dr. Huntington Beach, CA 92647 Phone; 714-625-8758 Fax: 714-625-8295 City of Laguna Beach Steve May 505 Forest Ave. Laguna Beach, CA 92651 949-497-0351 Project: Curb and Gutter Replacement Bid Amount: $16,926 Construction Dates: 11/18/08 to 11/25/08 Project Total: $16,926 City of Santa Ana Terry Daugherty 20 Civic Center Plaza Santa Ana, Ca 92701 714-615-0891 Construction Dates: 10/27/08 to 11/26/08 Project: Plaza of the Sun. Drainage Improvements Bid Amount: $42,214 Project Total: $52,750 City of Stanton Nick Guilliams 7800 Katella Ave Stanton, CA 90680-3162 714-379-9222 Construction Dates: 10/6/08 to 10/17/08 Project: PCC Rehabilitation — Bradford Place and College Drive Bid Amount: $61,340 Project Total: $67,473 City of Huntington Beach Dereek Livermore 2000 Main Street Huntington Beach, CA 92648 714-392-4007 Project: Curb ramps in Various Locations Bid Amount: $167,123 Construction Dates: 7/28/08 to 10/10/08 Project Total: $183,600 Moffatt & Nichol Gary Foster 3780 Kilroy Airport way Ste 700 Long Beach, CA 90806 562-426-9551 Construction Dates: 6/9/08 to 6/9/08 Project: Harbor Vopak Project Bid Amount: $4,538 Project Total: $5,503 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 7/15/08 to 7/25/08 Project: Senior Center ADA Improvements Bid Amount: $26,892 Project Total: $32,850 County of Orange Tony Nevarez 1143 E. Fruit St. Santa Ana, CA 92701 714-567 - 7 7 99 Construction Dates: 5/22/08 to 5/24/08 Project: Court House Concrete Replacement Bid Amount: $14,713 Project Total: $14,713 Long Beach Water Dept. 1800 E. Wardlow Rd. Long Beach, CA 90807-4931 562-570-2300 Project: Water Line Replacement Bid Amount: $149,575 City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688-2824 949-635-1800 Construction Dates: 4/28/08 to 7/14/08 Project Total: $177,328 Construction Dates: 3/17/08 to 4/21 /08 Project: ElCorazon Sidewalk Project Bid Amount: $54,130 Project Total: $61,081 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: Pool Deck Concrete Repairs Bid Amount: $68,648 Construction Dates: 2/7/08 to 5/4/08 Project Total: $83,236 City of Laguna Niguel Attn: Nick Reni-1 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 1 /8/08 to 2/9/08 Project: Crown Valley Restroom Project Bid Amount: $131,736 Project Total: $143,149 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5 7 23 Construction Dates: 2/2/08 to 2/4/08 Project: New Doors at City Hall Bid Amount: $10,040 Project Total: $10,040 GSCI Go(den State Constructors, Inc. 6162 Gaffpean Dr. Hunrinytan Beach, CA. 92647 Phone:714-625-8758 Fax:714-625-8295 qerences �-� ��a Department of Public Works Dale Torstenboe Public Works 3rd FloorN306, 100 N. Garfield Ave, P.C. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 11 /29/07 to 1 /2/08 Project: Hamilton Park Drainage Improvement Bid Amount: $89,176 Project Total: $95,696 California State Lands Commission Annabell Abeleda 100 Howe Ave. Ste 100 South Sacramento, CA 95825-8202 916-574-1871 Construction Dates: 10/8/07 to l/l/08 Project: Install Utilities for Wetlands Trailers Bid Amount: $99,993 Project Total: $133,413 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: Concrete Courtyard Replacement Bid Amount: $38,733 Construction Dates: 9/17/07 to 7/29/07 Project Total: $38,733 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary Batting Cage Bid Amount: $55,367 Project Total: $57,787 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary School Electrical Upgrade Bid Amount: $17,778 Project Total: $17,778 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/16/07 to 7/29/07 Project: Sewer Repair at Crown Valley Elementary School Bid Amount: $14,375 Project Total: $30,749 Junipero Serra State Buildu7g Robert Langley 320 W. 4th Street, Los Angeles, CA 90013 949-362-4348 Construction Dates: 6/18/07 to 6/29/07 Project: Install hose bibs in Junipero Serra Building Bid Amount: $42,865 Project Total: $44,794 NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: GOLST-235 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, GOLDEN STATE CONSTRUCTORS, INC., (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, 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 101/o 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 ADA IMPROVEMENTS AT VARIOUS SITES, JOB/BID NO. MSC 482, 481, AND 484, 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 8TH day of AUGUST, 2012. GOLDE"TA.7T CONSTRUCTORS, INC. NORTH,A-44ERICAN SPECIALTY INSURANCE COMPANY RANDY StOHN, ATTOR-YEY-IN-FACT NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the sea] of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company 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 or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \��nluumun�!!� ����GIN,...... //� Z�7 ngwwimwuuw4� s y4:6PP044-- Gqq plIONq(�ry'b ?y % By `OfRPDIj�••.s��.j9y rL SEAL : n c Steven P. Anderson, Senior Vice President of Washington International Insurance Company �'• O SEAL"It t 3� Z 1973 Pot; O & Senior Vice President of North American Specialty Insurance Company By David M. Layman, Vice President of Washington International Insurance Company t & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June , 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of June , 2012 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIALSEAL" DONNA D. SKLENS Notary Public, State of Illinois Donna D. Sklens, Notary Public My CommissiollExpim 10/0 M15 I, Jeffrey Goldberg _the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this g day of August 20 12 Jeffrey Goldberg, Vice President & Assistant Secretary of Washins1on International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Qf RANGE On -0 ` h before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person{) whose name{) is/arm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#ef/theif authorized capacity Oes), and that by his/ice/theif signature(s) on the instrument the persono), 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. ERIKA GUIDO WITNESS my h \d an icial seal. COMM. # 1843731 NOTARY PUBLIC CAUFORNIA ORANGE COUNTY My comm. expires May 5, 2013 ro J ' re otr Pu=ry Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of own r On before me, (C)/6�/�// &'`IJYl?9 personally appeared rwozwy� 2C (n(rXr_aw 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%heAhey executed the same in his/nierMi-6r authorized capacity(Jes), and that by his/herAhei signature(a) 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. WITNE my hand id seal. Signature of Notary Public CLAUDIA COCHRAN • ' COMM # 1920198 ORANGE COUNTY NOTARY PUBLIC-CALI�ORNIA Z V MY COMMISSION EXPIRES A y� JAW 30, 2015 1 (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) ❑ 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 mast 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 (Le. Wshe/thay- is /we ) 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. ee 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 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 Hondo Company, Inc. 2121 South Lyon St. Santa Ana, CA 92705 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, ore jjVW) Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand HONDO COMPANY, ING, 2121 SOUTH LYIN STREET SANTA ANA, CA 92705 C14 is -�ti,� t�� G���as,��,2�ea�—-jOl\�r��ti� .��,L,u�.CA�6Cn City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 7, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CA120036 dated 8/3/12 that are available on-line at,hftp://www.dir-ca.aov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, difted/$uguts 7, 2012. Hondo Company Inc. _ Company Name - By 8/7/12 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach _ Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall. allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or Certified Check payable to the Agency. 3) Central Park restroom building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there is no order in which work is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 376-6005 Weds, Thurs: 10am - 7pm Fri, Sat: 9am - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:OOpm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12pm and 1pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate w1h Agency representative(s) 24 hours prior to commencing weekend work. ,/ This is to acknowledge receipt and review of Addendum Number Ty/%ate August 9, 2012 Hnnda (:nmp nny Inc_ _ Company Name By 8/ /12 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D-West is incorrect; both existing lavatories are to remain and must be protected in place. / I This is to acknowledge receipt and review of Addendum Number Two, t ed gust 13, 2012. Hondo Company Inc. Company Name By 8/14/12 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. SECTION C PROPOSAL for the AIDA IMPROVEMENTS — VARIOUS SITES CENTRAL. PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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 Bond in the amount of $ 10% which said amount is not less than 101/6 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 8/7/12 2 8/9/12 3 8 14 12 C-2 Hondo Company Inc. ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK— MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC 4484 Base Bid Items: Item Bid 1�To. Iteud. Amount MSC #482 - Central Park Itestroom I Construct ADA improvements per plans and specifications. 1 - 8 792 7.00 MSC #481- Banning Library Construct ADA improvements per plans and specifications. 54842.00 MSC #484 - Oak View Community Ctr. Construct ADA improvements per plans and specifications. -44872.00 BASE BID AMOUNT 1 $ 187641. TOTAL AMOUNT OF BASE BID IN FIGURES $ 187641.00 TOTAL AMOUNT OF BASE BID IN WORDS One hundred eighty-seven thousand six hundred forty one and no/100 ---- The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract Nbite o 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-4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8 / 16 / 12at Santa Ana CA Date City State Robert Lloyd , being first duly sworn, deposes and says that he or she is President of Hondo Company 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. Hondo C Name of B Signature of Bidder 2121 S Lyon St, Santa Ana CA 92705 Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (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: August 16, 2012 C-6 Hondo Company Inc. Contractor By k(obert Floyd 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 i 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-7 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: August 16, 2012 C-8 Hondo C Contractor By RoberC Ll President Title BIDDER certifies that the following information is true and correct: Hondo Company Inc. Bidder Name 2121 S Lyon Street Business Address Santa Ana CA 92709 City, State Zip 714) 434 - 0104 Telephone Number 373104 Class A,B,C27, C61/D12,C61/D34 State Contractor's License No. and Class April 30, 1979 Original Date Issued April 30, 2013 Expiration Date The work site was inspected by Bob Lloyd of our office on R/� /l? , 201_. The following arc persons, firms, and corporations having u principal interest in this proposal: Hondo Company Inc. - Robert Lloyd, 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. Hondo Company I Company Name Signature of Bi r Robert Lloyd Printed or Typed Signature Subscribed and sworn to before me this 16- day of August , 201 2 MARY L. SAL6A00 Commission #t 1666054 a go Notary Public - California Orange County NOTARY PUBLIC My Comm. Expires Apr 17, 2014 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: City of Lake Forest 25550 Comm_ercentre Drive, Ste 100, Lake Forest Name and Address of Public Agency Name and Telephone No. of Project Manager: Luis Estevez 949 461-3485 1,424,908.00 Playground, Park Restoration Nov 2011 Contract Amount Type of Work Date Completed 2• City of Santa Ana PO Box 1988 Santa Ana Name and Address of Public Agency Name and Telephone No. of Project Manager: Kurt Wiemann 714 647-5639 614,859 00 Bike Trail Restoration Aug 2012 Contract Amount Type of Work Date Completed 3. city of Huntington Rt-nQ4 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jerry Thompson 714 960-8845 102,432.00 ADA ' nvPmantc Mud, 2011 Contract Amount Type of Work Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or xx Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Robert Llovd Contact Phone: 71443VA0114 Signed: 111411 Date: Aug, *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for AIDA IMPROVEMENTS -- VARIOUS SITES in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the Office of the City Clerk prior to the bid -opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-z 0 BID BOND KNOW ALL MENBY THESE PRESENTS, that we Hondo Company, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY,9 737 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 ADA Improvements at Various Sites 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 2nd day of August , 20 12 Hondo Company, Inc (Principal) BY: goyd, TITLE: Robert Lesident SureTec Insuranc an BY: William Syrkin, ttorney-In-F ct SureTec - Bid Bond Uncapped.doc Rev 1.1.06 POA#: 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These 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 William Syrkin, Richard Adair, R. Haas -Bates 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 for: Five Million and 00/100 Dollars ($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 -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or 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 effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`4 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INS E C PANY SA/VC v y tam, By: w' w ) n� John o Jr., resident t a State of Texas ss: �'p ,, 41 County of Harris-'� On this 3rd day of September; A.D. 2010 before me personally came John Knox Jr., 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. JACQUELYN MALDONADO =•: ^= Notary Public, State of Texas acq ely Vlaldo ado, Notary Public - My Commission Expires May 18, 2013 y comm sion exhirles May 18, 2013 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 2nd day of August _2012 A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. Fr�r 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange.— n 8/02/201before �2 me, A. Wilkison, Notary Public _......, . __._ ,.. _.. _. !•Tare Insert Name and 7N10 ct the CNiice, personally appeared William Syrkin _ — Nar"Oj yr signer(*, w; A. WILKISQN _ Commission # 1866283 zNotary Public - California Z :- z F ' Orange County r My Comm. Expires Sep 26, 2013 Pl�itsa rlcsar� Sea# aixaes who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/efe subscribed to the within instrument and acknowledged to me that he/glt#_ Bey executed the same in his/hoAI464 authorized capacity(iea), and that by hisA signature(*} on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature- 5sgnare. re or Nniiry P�LYic OPTIONAL riough the information below is not required by law. it in iy prove iraluabie to persons relying on the document and could prevent fraudulent mmnvat and tearkrchment of this town to another docurrjent. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 8/02/2012 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: One (1) Signer's Name: ___...._William Syrkin .__.._.._. Signer's % individual = individual Corporate Officer —Titte(s): ...-._.... ............ .._..._.._.._..... Corporate Officer-Title(s):-...__...w._,__.......-_.-_--._............ _._.................... _.... Partner---...: Limited ..:i General N, - Partner 77 Limited ":.` General ., ; . J l Attorney in Fact • ::a Attorney in Pact Trustee I T", f u.'4 2 Trustee Guardian or Conservator , L ` Guardian or Conservator Other: — _ I _ Other:......._._..._ — �— Signer is Representing: i Signer Is Representing: _ SureTec Insurance Compaq_._- ___............. ........ ......... ..._..._.._____.,..... _....... ..___.-.................... i .2(XNI irmai±sew-sy.,a:Ua_... 4:W,, tie."s.W A3 .f`O!&*z 2*.':•�2ult, xsm!.^.H 31 t 2d£�i?• rvrriRwlrs,^. Ncterynre I'wr;; 15X7 re�r,ev_;ai'i, rime -Cv.. 67rjg2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 16, 2012 before me, Mary L. Salgado, Notary Public Date I Here Insert Name and Title of the Officer personally appeared Robert Lloyd Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) is/a;& subscribed to the within instrument and acknowledged to me that he/s494hey executed the same in AAARY L. SALGADO his/he4#irir authorized capacity(ies), and that by Commission # 1886054 his/laer�eir signature(s) on the instrument the Rfotary Public - CalitorrH z Orange County. person(&), or the entity upon behalf of which the My Comm. Ex Tres Apr 17, 2014 person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal and/or Stamp Above OPTIONALSignature of Notary P li 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 Signet(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual a ❑ Partner — ❑ Limited ❑ General Tap of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association- 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth. CA 91313-2402 • www.NationalNotarv.oro Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 J. H. Bryant, Jr., Inc. 17217 South Broadway Gardena, CA 90248 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand PY"�'+ cJ cL �+ v l 2 W lnn rn U W% k�— City of Huntington Beach City Clerk's Office 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 SECTION C for the ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK -- MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW CONIMUNITY CENTER — MSC #484 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govem over extended amounts, and words shall govern over figures. 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 C-1 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 ¢. 13 the amount of $�— which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bid _ is Si rraiure 1 8-14-2012 � IJ 2 8-9-2012 I./ C 3 8-14-2012 Y C-2 PROJECT BID SCHEDULE ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIE`V COMMUNITY CENTER — MSC 4484 Base Bid Items: Item Bid Item No....? Amount MSC #482 — Central Park Restroom Construct ADA improvements per plans and specifications. MSC #481— Banning Library Construct ADA improvements per plans and specifications. MSC #484 — Oak View Community Ctr. Construct ADA improvements per plans and specifications. AMOUNT 1$_2- TOTAL AMOUNT OF BASE BID IN FIGURES S 6fff 00 TOTAL AMOUNT OF BASE BID IN WORDS es: +k0cA.Sc4.,'\04( r l ✓e a� (� v s f 1Cy —tom (X�— The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CAI 20035 dated 8/3/12 that are available on-line at http:/twww.dir.ca.gov/DLSRIPWD/ This is to acknowledge receipt and review of Addendum Number One, dated Auguts 7, 2012. Company Name I By t /S_/'2_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 Jerry Thompson at (714) 960-8845. ---- _..._ --- -----------------Eity�f-Huntingtfln-Beaeh- Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or'Certified Check payable to the Agency. 3) Central Park restroom building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there is no order in which work is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 375-5005 Weds, Thurs: 10am - 7pm Fri, Sat: 9am - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:OOpm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12pm and 1 pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum er Two, dated A §fist 9, 2 112. AIC. t Company Na a `By I D ! Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D-West is incorrect; both existing lavatories are to remain and must be protected in place. This is to ackno ledge receipt and review of Addendum N mbe Two, dat)ed,�6st 13, 2 '12. 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 Jerry Thompson at (714) 960-8845. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name andAddress of Subcontractor State Class Dollar % of Items) License Amount Contract Number Ve"-w P¢vrrtq ��� �ul+ o�n9 q 46 L 3 a C 31 10 I Pz . �1�1�-�'cn 1 Sa-+C' Am.a, C4q27'M , 6C,V'v-Att MA"_ C����, � 4-JSC4�. tad �a a. S Q le.P k-ems Pwe- S4S7o! �P7F0 Qeue- o t,J. F 4.(1131 & o 3 0 t 6 m l�KdoPia., CA- 4��.( 7-0 �i to t rr _ C. IA.c_s e_ v J Cg ! (4!5 !,o 5rclz-k 1 Loy ^ �4�se C-A. i l t E 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 fizrnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 N®NC®LLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the lags of the State of California that the foregoing is true and correct and that this declaration is executed on 8/15/12 at Gardena CA mate City State John H. Bryant, III being first duly sworn, deposes and says that he or she is President of J. H. Bryant, Jr., 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 depositor;, or to any member or agent thereof to effectuate a collusive or sham bid. J. H. Bryant, Jr., Inc. 1� e of Bidder S gnature of Bidder 17217 South Broadway Gardena, CA 90248 Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (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: 8/15/1 2 W. J. H. Bryant, Jr., Inc. Contractor By John H. Bryant, III Title President DISQUALIFICATION QUESTIONNAIRE In accordance -writh 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? 0 Yes )p 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-7 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: 8/15/12 C-8 J. H. Bryant, Jr., Inc. C7;torlj B�— John H. Bryant, III Title President BIDDER certifies that the following information is true and correct: J. H. Bryant, Jr., Inc. Bidder Name 17217 S. Broadway Business Address Gardena CA 90248 City, State Zip ( 310� 532-1840 Telephone Number 402483 - B State Contractor's License No. and Class 8/31/1978 Original Date Issued 3/31/2013 Expiration Date The work site was inspected by,Tohn Brant of our office on .August 2 , 20 b, The following are persons, firms, and corporations having a principal interest in this proposal: John H. Bryant, III David R. Bryant Barbara D. Bryant 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. J. H. Bryant, Jr., Inc. Name of Bidder if John H. Bryant, III Printed or Typed Signature Subscribed and sworn to before me this 15tlday of AgLst , 2Q12 PLEASE SEE ATTACHED CALIFORNIA JURAT FORM 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 Type of Work Date Completed 2. �" l 6 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contra t (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 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ,(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 State of California County of Los Angeles MARINAELENA PEW Conunission * 1951939 Notary Public - California Los Angeles County My Comm. ElSires Oct 9, 2015 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 15th day of August 20 12 Date Month Year by (1) John H. Bryant, III Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (2 , �baa f S' proved to m atisfactory evidence to a personappeare fore me.) Signature Signature of Notary Publ' 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. Further Description of Any Attached Document Bidder's Information - ADA Improveme Title or Type of Document: 8/15/12 Document Date: Signer(s) Other Than Named Above: Number of Pages: None © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 t i BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): X Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: J. H. Bryant, Jr., Inc. Contact Person: John H. Bryant, III Contact Phone: rN 10) 532-18(4 Signed: \ Date: 8 5/12 `Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 A Member of the Tokio Marine Group KNOW ALL MEN BY THESE PRESENTS: That we, J.H. Bryant, Jr., Inc., as Principal, and Philadelphia Indemnity Insurance Company, a corporation organized and existing under the laws of the State of Pennsylvania, and authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, as Obligee, in the sum of 10% percent of bid amount not to exceed Twenty Five Thousand and 00400 DOLLARS ($25,000.00), lawful money of the United States of America, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: ADA Improvements -Various Sites (Central Park -MSC #482, Banning Library -MSC #481, Oak View Community Center -MSC #484) according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the Philadelphia Indemnity Insurance Company as Surety or with other Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, sealed and dated this 14th day of August, 2012. J.H. Bryant, Jr., Inc. (Princ' a � t^' / (Seal) By: *— r,-a ' X- Philadelphia Indemnity Insurance Company (Surety) (Seal) By: R.E. Gail, Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 8/14/2012 Date Los Angeles before me, Maria Elena Perez, Notary Public Here Insert Name and Title of the Officer personally appeared John H. Bryant, III Name(s) of Signer(s) ELENA7PEREZZQMM""�MIVIIIA ommission #E 939 a Notary Public - Callfomia z Los Angeles County My Comm. E ires Oct 9, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(' whose name(p) is/a-Fe subscribed to the within instrument and acknowledged to me that he/ahe,44ey executed the same in his/heMheir authorized capacity(ies}, and that by his/he their signature(a) on the instrument the person(s), or the entity upon behalf of which the person�i 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 P lic 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: Bid Bond - City of Huntington Beach 8/14/2012 None Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: John H. Bryant, III ❑ Individual President ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: J. H. Bryant, Jr., Inc. 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 One 'RIGHTTHUMBPRINIT' OF SIGNER___ ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 M,0SSr_-�'..r.-�.�.. State of California County of San Bernardino On AUG 1 4 2012 before me, Stacia C. Baker, Notary Public Date Here Insert Name and Title of the Officer personally appeared R.E. Gail Name(s) of Signer(s) N/A STA.CIA C. BAKER COfvi1,9. # 1954812 �+ z NOTARY PUBLIC -CALIFORNIA ORNIA'S e SAN BERNARDINO COUNTY My Cormn. Expires Oct. 29, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/sf-ieA ey executed the same in his/49;4h it authorized capacity(Lee)1 and that by his/heW#iek signature(s) on the instrument the person(e), or the entity upon behalf of which the personH 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. WITNESS7my?hnad and o Iclal seal. Signature y p� p *Notarylic 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: RIGHTTHUMBP.RINT' .,_.y OF_SIGNtN , •. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHTTHUMBPRINT' ',OF SIGNER, PHILADELPHIA INSURANCE COMPANIES A Member of die ioldo Miri.fri GrOUP PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 1.9004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: R.E. Gail of Sierra Summit Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000,00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11`' day of July, 2011. RESOLVED: I That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it . FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF MY, 2011. �pNau�u„aa, '�'MNITY Q :GptiPORAT� Z (� Z m_ 's�6 AFVNSYLVP��P President O ? ,yoration. d �da� Christopher J. Maguire 1�'1t,,,,1�1100 , President Philadelphia Indemnity Insurance Company, a Pennsylvania Corp On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEAITN OF PENNSYLVANIA Notarial S'at Kimberly A, Kessteskl, Notary Public Lower Madon TwP., Montgomery County My Commission Expires Dec. 19, 2012 Mambar, Pennayiyanla AaaDClagon of Notadaa ti I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE. COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, w In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of AUG Cr eller Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 2U I o . City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 M C Alyea Construction 5161 Hendrick Ave. Riverside, CA 92505 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, R Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Ootj5-64od � �e✓si�(L C� 9;50,5 (ilk .1• .�.t i� � Se, A ed F211 rr� -69 IL- p vt mwVOL r ("o- (A TO I No' DPenl Wl �� 'aI000 M�(N {iN#�Onl BegelA / C/P 9aG yd for the ADA IMPROVEMENTS — VARIOUS SITES maul 4M.111: BANNING LIBRARY — MSC #48I OAK VIEW COMMUNITY CENTEIR. — MSC #484 in the CITY OF HUNTINGTON BEACH TO THE HONORA13LE 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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. A Accompanying this proposal of hid, find ad') ( in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as req fired 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: re rr l 1 Date Received G r r C-2 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor ,Mate Class Dollar % of Rem(s) License Anwunt Contract 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-4 N ONC®LLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDER ANTI.) SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on $ 16 0 , at , Date City State 4W G 1%1 yeA , being first duly sworn, depos s d says that he r she is 5a /� OW/✓&e' of . e , 4 �% 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. /A, c. A Name of Bidder Signature of Bid f Aea�il�- /1 A,o a ?.,'5!? Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (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: /.70 jl.:2 �Vf av°"C '_ VP25T�r.�tti Contractor By Title C-6 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-7 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: ,q /VV 42 AN AV ie, )Ibelg t1s5AM161 a61 Contractor BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: . e, 14, Bidder Name Business Address yernisl�% GN &22,q City, State Zip � 51 > 651-1W Telephone Number 53115F' )3 State Contractor's License No. and Class Date Issued nod . i a°` The work site was inspected by of our office on 9' 7 O 1 , 201j?. The following are persons, firms, and corporations having a principal interest in this proposal: kd1A1 e W, 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. lil , C . 14 lqeiq ays )whiml Company Name -- c, Of Signature of Bidder pp -le c 4, Printed or Typed Signature Subscribed and sworn to before me this day of AVq N 1 201.q. BAFA DA J. STONE cwmssion * 1905767 "WIF Public camorl" Riv rows, county `•coffin. Expires Oct 24 2014 r, NOTARY PUBLIC - - I 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. U(., /`-05 - /51 �asf Sf Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: SIM Al11 eA eVA 9*59'55407 F�D New /'e/a� p -S ' Q/s �a ,� ri Ad 9 C ontract Amount /Type of Work ,.AloiF 1 Date Completed p /1'/UOde.Ne /,Ai�ilfl/ /idI /1d�/S _�7BD /4 / Slzeel Rir elsiWe ew 6�2.9?.2 Name and Address Name and Telephone No. of Project Manager: l7r I'J 14hrie 95�-IS5-0575 *35,100 u '0a0 Gas i1� �- sole Contract Amount Type of *0'rg Date Completed IN ana Acaress or ruonc Agency Name and Telephone No. of Project Manager: &ONk -d - f444347. -✓r- -- - - -- 5 PC ti ;10 t;)- Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): , / V "swill ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or C �✓ Will hire no new employees in conjunction with this project. iM Coil �-i Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: C - 14/4 t 14 JeN.5 �IG�' 41 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-comuliance with Section 3 could result in disqualification. CAA City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 13, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D-West is incorrect; both existing lavatories are to remain and must be protected in place. This is to acknowledge receipt and reviewof Addendum Number Two, dated August 13, 2012. Company a e y 16' L-901.2 6wK� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11112 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 7, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CA120035 dated 813112 that are available on-line at http://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated Auguts 7, 2012. A, C,. / 14 d', A, Ax C / e Company Name By�- -1 +� 1 S /6, /";o 1,; � --- Dat All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or Certified Check payable to the Agency. 3) Central Park restroom building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there is no order in which work is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 375-5005 Weds, Thurs: 10am - 7pm Fri, Sat: gam - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:OOpm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12pm and 1 pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum Number Two, dated August 9, 2012. 10, d. bl. d 4AI,4414 C' Company Nam By F/he Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. PROJECT BID SCHEDULE ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 Base Bid Items: MSC #484 — Oak View Community Ctr. I Construct ADA improvements per plans and specifications. I q.� 3 u. 0 BASE BID AMOUNT TOTAL AMOUNT OF BASE BID IN FIGURES $ 17 7,5. 00 TOTAL AMOUNT OF BASE BID IN WORDS DNe- A-%m4olle ,5e- PN Se Veal The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 CNA 8/14/2012 12:12:38 PM PAGE 5/005 Fax Server BID BOND (Percentage) Bond Number: 71312197 KNOW ALL PERSONS BY THESE PRESENTS, That we Mark C Alyea dba M C Alyea Construction of 5161 Hedrick St., Riverside, CA 92535 hereinafter referred to as the Principal, and Western Surety Co_npan-V as Surety, are held and firmly bound unto City of Huntington Beach of 2000 Main S--reet, Huntington Beach, CA 92640 hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for New Concrete ADA Ur)azades NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 16th day of August 2012 Form F5876 Mark C Alyea dba M C Alyea Construction (Principal) (Seal) Western S rom_an ":U Seal �pRPORATE By 1 (Seal) KAREN AT..ATN? ER Attorney -in -Fact SEAL r, CNA 8/14/2012 12:12:38 PM PAGE 4/005 Fax Server Western Surety Company POWOF ATTORNEY - CERTIFIED COPY Bond No. 71312_87 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the law=_ of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make; constitute and appoint KAREN ALAINE LINDER its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Mark C Alyea dba M C Alyea Construction Obligee: City of Huntington Beach Amoiuit: $ 5 0 0, 0 0 0. 0 0 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the fallowing bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officars as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 16 2012 -,but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate se,4aAq _affixed this 16th day of Augur 2012 WEST R SURE COMPANY Paul T. ruflat, Vice President W ST`-&Q,iJ��3;6`fA COUNi3k��.1ATi)) ss � On this n. 16th day of August iu the year 2012 , before me, auoLary public:, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co a 'on. 94gggMq9q4qqqqqqqqqqqqbb } s S. PETRIK a NOURr Pueuc r fEAL SEAL f otary Public -South Dakota S a SOUTH 9AKOTA r ♦rrrraggqqqrti..tirqqqq',qqq � My Commission Expires August 11, 2016 I the undersigned officer of Weston Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 16th day of August 2012 WEST R , S UR ECOMPANY Paul T. at, Vice President Form F5306-8-2012 CNA 8/14/2012 12;12:38 PM PAGE 2/005 Fax Server ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF SACP.AMENTO ss On—1 I before me,'5QCC�� ck .Y��\�� /L) �L) po date here insert name and title of the officer personally KAREN AZAINE LINDER namn(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 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. A SARAH— M,M NEiLL1 WITNESS_my hand and official seal. �m® COMM. # 1812203 NOTARY PUBLIC- CALIFORNIA i9 SACRAMENTO COUNTY Signature (Seal) MY COMM. EXP. SEP. 5, 2012 (The balance of this page is intentionally left blank.) Western Surety Company Form 1900.1.2009 QL4P City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 Robert D. Gosney Construction PO Box 403689 Hesperia, CA 92340 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand NE-Y VY- --��e Ury C r- c lL-4 cG / S Eccvjoo ?,---/OCD` y 200o AA4�" ST, pu j T-IN 67-0^j 6 e4c,14 6 e At co � 1 a �v2- N T H-E �� SECTION C PROPOSAL for the ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 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 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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 122( 0 15d-4 in the amount of $ 17 82,&Dwhich 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 PROJECT BID SCHEDULE ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 Base Bid Items: Item Bid No Item - MSC #482 — Central Park Restroom Construct ADA improvements per plans and specifications. MSC #481 — Banning Library Construct ADA improvements per plans and specifications. 060 MSC #484 — Oak View Community Ctr. Construct ADA improvements per plans and specifications. 000 BASE BUD AMOUNT $17�1 000 TOTAL AMOUNT OF BASE BID IN FIGURES $ 1 -7 6 , 0oo, oo TOTAL AMOUNT OF BASE BID IN WORDS QNe OvAjOAZA fe?'Ckfe*?Vr'y `51,x T-6us4ru'd The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on6-/ S Iz at �-I ES-PeV, , Date City State P,ob'eP--r .b. Go�a6�1�i , being first duly sworn, deposes and says that he or she is 0wN C 9, of g6 APT Ill- wt-s 6ew9.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. V 0 A,ep-T- Q. (moo sN C y &,j47 Name of Bidder Signature of Bidder P10, -8PX g03(--gq' 0 ESPE'2(A , e A Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (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: 6-Is /Z- ►Zo&09�r D, 6aemesy Contractor By Gt,vN e2 Title C-6 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 A 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-7 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 z— R.0 &9-T- b. 6-IC601ty (Ow5r) Contractor By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Ru-;OA-1- D. &oyui:�-Y CG45T-9Ucx- &?,.j Bidder Name F, a. Ao>e 1103(o(39 Business Address d c,sPe-R-, ✓-- City, (7&0) q&q-?YoZ Telephone Number CAgj 7- 0 State Zip State Contractor's License No. and Class 01 / 22 / lq $q Original Date Issued 1 /3o/ 2ot3 Expiration Date The work site was inspected by ?-C&(y4 605WEYof our office on 12- 2- , 201 z The following are persons, firms, and corporations having a principal interest in this proposal: Ro K9 D. (,o5w cy C a v .ST-rru cr-j o A) 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. Ro p. �05►�� y �,�►ST-P_VeT70-i Company Name Signature of Bidder 1Z.0l38T_r A. fro s ti-e0 t--V �2 Printed or Typed Signature Subscribed and sworn to before me this ff_ day of , 2012— RICARDO PELAYO Comm. # 1921741 N NOTARY PUBLIC -CALIFORNIA N SAN RDUI4 / MY Comm. ExP, FEB.COUN1 Y015 10, 2 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. C6vN-7 09 OAANge 5EC�ATtAU4-e Name and Address of Public Agency Name and Telephone No. of Project Manager: Re,J v V,0,t-1bN - 40,47 r � C� e l��� y , N v'q Contract Amount Type of Work Date Completed 2. Q']'y BF (!- 6UNo, 4eA-� • — rr(��2 ST,4n6N Y_ SeeA-WG"_0 Name and Address of Public Agency Name and Telephone No. of Project Manager: 4)01 e- L-JI`-4vwS Contract Amount Type of Work Date Completed 3. C�' o f L-'6v�.,�a- "tl6 — �til=k6y �� QSvc y F'e� -i. Name and Address of Public Agency e A Name and Telephone No. of Project Manager: tj,P&(A-1k_i ,r-y2 LL,- k7 % HvIu- Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): KD & Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: R06-�L-D . C__0NSrF-.0 -T1atV Contact Person: (Zo (3t_Q-r 1). 66SNlEY Contact Phone: 7ta o(Lt - 7qo a - Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 08/09/2012 11:19 FAX 7149608877 la 001/001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CA120036 dated 813112 that are available on-line at htto:liwww.dir.ca.00v/DLSRIPWD! This is to acknowledge receipt and review of Addendum Number One, dated Auguss 7, 2012. Company Name By 0 _(S - / 2- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. 08/13/2012 15:11 FAX 7143755099 HB CITY YARD ADMIN la 0011001 - -... ,......,...._.............. _ - Gity-ofHuntington-Beaeh- --- -.,--....-..._�... Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders, Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall allow the Contractor 45 calendar days to complete the contract 2) Bid Bond Form (refer to page C-1 & C•2): The Contractor shall provide own Bidders Bond, Cash, or Certified Check payable to the Agency. 3) Central Park restroom building will require full closure and temporary fencing during improvements to the restroom building. No temporary restroom facilities will be required by Contractor. 4) Work at each project site may occur simultaneously, there Is no order In which work Is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 375-6005 Weds, Thurs: loam - 7pm Fri, Sat-. 9am - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-6:00pm Salvation Army (located at Oak View Community Center) (714) 841-0150 Monday to Friday 9am-12pm and 1 pm-2:30pm 6) Provide 48 hours notice prior to commencing work that may Impact the operations of the facilitles. 7) 'Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum Number Two, dated August 9, 2012. Company Name By V- t) - l Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960.6845. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain in place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response: The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call for the demo and removal of a 5' wide portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsce: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D — West (page A3) calls for the left lavatory to be relocated. Please advise. Response: The women's restroom, elevation D-West is incorrect; both existing lavatories are to remain and must be protected in place. This is to acknowledge receipt and review of Addendum Numb, dated August 13, 2012. -F-1c93kM- D_ 6oSNe-\r cOr• �r^^. �! Company Name By �6-1s--cZ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845. 6/21/2012 To: References for Robert D Gosney Construction Here is a list of references: Projects underway: Bathroom Renovation Arroyo Vista Owner: The Regents of the University of California Contract Amount: $ 147,250.00 Contact: Craig Denney 949-824-5853 cdennev@uci.edu Completed Projects: JYC-Replace Various Roofs and HVAC Owner: County of Orange —1143 E. Fruit St. Santa Ana, CA 92701 Contract Amount: $ 114,397.73 Contact: Scott Dessort 714-667-4924 fax 714-667-4932 scott.dessort@ocpw.ocgov.com Completed: June 2012 Fire Station No. 4 Window Replacement Owner: City of Laguna Beach 505 Forest Avenue, Laguna Beach, CA 92651 Contract Amount: $ 50,078.74 Contact: Joe Stoakley 310-741-2810 fax 949-376-7511 jstoakley@andpen.com Completed: December 23, 2011 Energy Efficiency Project Owner: City of Laguna Hills 24035 El Toro Rd. Laguna Hills CA 92653 Contract Amount: $ 169,152.80 Contact: Ken Rosenfield 949-707-2630 fax 949-707-2633 krosenfield@ci.laguna-hills.ca.us Completed: January 24, 2012 'G' Ave. Commercial Complex Owner: Heartland Homes Contract Amount: $ 675,000.00 Contact: Gary Grove 760-963-1719 garyandtracey@msn.com Completed: June 2011 Kiowa and Sago Apartments rehab (10 units) Owner: Gary Grove Contract Amount: $ 310,000.00 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, ROBERT D. GOSNEY as Principal, hereinafter called the Principal, andthe NORTH AMERICAN SPECIALTY INSURANCE COMPANY of 681 SOUTH PARKER STREET, SUITE 130, ORANGE, CA 92868 a corporation duly organized under the laws of the State of NEW HAMPSHIRE 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 GREATER AMOUNT 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 abid for ADA IMPROVEMENTS - VARIOUS SITES; CENTRAL PARK - MSC #482, BANNING LIBRARY - MSC #481, OAK VIEW COMMUNITY CENTER - MSC #484 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 10TH day of AUGUST 2012 ROBERT D. GOSNEY (Seal) Principal Witness BY: ROBERT D. GOSNEY, OWN Title NORTH AMERICAN SPECIALTY INSURANCCEI COMPANY Witness By ✓/�v�-/ �✓ . MARK D. IATAROLA, Attorney -in -Fact S-0054/GEEF 12/00 FRP ALL-PURPOSECALIFORNIA ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 8/10/12 before me, MICHELLE M. BASUIL NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) MICHELLE M. BASUIL N COMM. #1862575 r NOTARY PUBLIC-CAUFORNIA CO SAN DIEGO COUNT ro wH My Comm. Exp. AUG 24, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/fir authorized capacity(es , and that by his/her/their signature(.$) on the instrument the person(, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 1 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: BID BOND Document Date: 8/10/12 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876.6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA and DEBORAH D. DAVIS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company 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 or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." LITtY//00 °So ilONu muiiq �.' SEAL : o = Steven P. Anderson, Senior Vice President of Washington International Insurance Company 2: SEAL g W i;Z 1973 ro: Q ` & Senior Vice President of North American Specialty Insurance Company = �; .y� mgI By David M. Layman, Vice President of Washington International Insurance Company '�o�+nuuuutmn°o"� & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of Jane 12012 • North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 26th day of June , 201 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. "OFFICIAL SEAL" DONNA D. SRLENS Notary Public, State of Illinois My Commission Expires.1010612015 Donna D. Sklens, Notary Public I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisl OTliday of AUGUST 20 12 Jeffrey Goldberg. Vice President & Assistant Secretary of Washington International insurance Company & North American Specialty Insurance Company City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 ZK Construction 18031 San Fernando Mission Blvd. Granada Hills, CA 91344 RE: ADA Improvements, Various Sites — MSC-481, 482, 484 Enclosed please find your original bid bond for MSC-481, 482, 484. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand JU1 0-(6-'1012 /9 f*? ���� �:� ram' .�� SECTION C PROPOSAL for the ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC #484 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 30 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 sure prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 C-1 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 169 in the amount of At 07207 which said amount is not less than 1 Q% 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 .47 C-2 PROJECT BID SCHEDULE ADA IMPROVEMENTS — VARIOUS SITES CENTRAL PARK — MSC #482 BANNING LIBRARY — MSC #481 OAK VIEW COMMUNITY CENTER — MSC 4484 Base Bid Items: Item item, Bid . . ... Amount. MSC #482 — Central Park Restroom Construct ADA improvements per plans and specifications. $ v MSC #481— Banning Library Construct ADA improvements per plans and specifications. �7t7 MSC #484 — Oak View Community Ctr. Construct ADA improvements per plans and specifications. BASE BID AMOUNT $ TOTAL AMOUNT OF BASE BID IN FIGURES �K i TOTAL• OF lr IN WORDS A — It? zP c 4 The base bid will be used for comparison of bids and to determine the lowest bidder. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever, is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 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-4 N®NC®LLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State ifCalifornia that the foregoing is true and correct and that this declaration is executed on gat � ,<54 Date City State �-/Jc-fl • , being first duly sworn d oses wdd says that he or she is ofe party making the foregoing bid that T&Nd'14 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, -ZJr a Name of Bidder Sina e of Bidder 19031 s�ya'0/40 AWDIAW w Address of Bidder C-5 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 ADA IMPROVEMENTS — VARIOUS SITES, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-6 Contractor ()V//"//l Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes A(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-7 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:( C-8 Contractor By ©lf Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business City, Telephone Number le 7 7V q97 State Contractor's License No. and Class Originalbate Issued Expiration Date CO State Zip The work site was inspected by of our office on. 20 a The following are persons, firms, and corporations having a principal interest in this proposal: LIZ J1 � 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. 7M Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me thisday of C� , 201%i NOTARY PUBLIC V 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: 2. Naive and dress of Public Agency Name and Telephone No. of Project Manager: -5J2ce%7 f o ll Contract Amount Type of Work Date Completed e and Ass of Public Agency Name and Telephone No. of Project Manager: 1 Amount Name and Address of Public Agenc (9 XinP) Si of Work Date Completed Name and Telephone No. of Project Manager:4/467 i)L Contract Amount Type of Work Date Completed C-10 State of California County of 17e e-s Subscribed and sworn to (or affirmed) before me on this day of VS , 20�, by ZW IeUY proved to me on the basis of satisfactory evidence to be the person*who appeared before me. MICHELLE BAE COMM. #1903006 a NOTARY PUBLIC - CALIFORNIA �J 4 LOS ANGELES COUNTY CA My Comm. Expires Oct. 2. 2014 (Seal) Signature a BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): It 10$1 Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. 1 Contractor: u� Contact Person: _ .2—.a luk Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 08/09/2012 11:24 FAX 7149608877 a 0 0 1 / 0 0 1 City of Huntington Beach Public Works Department 2000 Main Street Tel- (714) 536-5431, Fax (714) 374-1573 9 FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482 -481- 484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace with State Prevailing Wage Rates CA120036 dated 8/3/12 that are available on-line at http:l/www.dir.ca, aov/DLSRIPWD/ This is to acknowledge receipt and review of Addendum Number One, dated Auguts 7, 2012. zk Company Name C-� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jerry Thompson at (714) 960-8845, 08/13/2012 15:15 FAX 7143755099 HB CITY YARD ADMIN [a 001/001 -----...... ............. --..... . „ ....... - - .-City-of Huntington -Beach.. Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO FOR THE CONSTRUCTION OF FY 11[12 ADA Improvements Various Sites MSC No, 452.481.484 in the CITY OF HUNTINGTON BEACH August 9, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) The contract shall allow the Contractor 45 calendar days to complete the contract. 2) Bid Bond Form (refer to page C-1 & C-2): The Contractor shall provide own Bidder's Bond, Cash, or Certified Check payable to the Agency. 3) Central park restroom building will require full closure and temporary fencing during Improvements to the restroom building. No temporary restroom facilities will be required by Contractor, 4) Work at each project site may occur simultaneously, there is no order in which work Is required to be performed. 5) Business Hours: Banning Library and Oak View Community Center. Banning Library (714) 375-6005 Weds, Thurs: 10am - 7pm Fri, Sat: gam - 5pm Sun, Mon, Tues: Closed Oak View Family and Community Center (714) 842-4002 Monday to Friday 8:30am-5:00pm Salvation Army (located at Oak View Community Center) (714) 841-0160 Monday to Friday 9am-12pm and 1 pm-2:30pm 6) provide 48 hours notice prior to commencing work that may impact the operations of the facilities. 7) Weekend work may be required for each project site; coordinate with Agency representative(s) 24 hours prior to commencing weekend work. This is to acknowledge receipt and review of Addendum Number Two, dated August 9, 2012. Company Name B 0, 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 Jerry Thompson at (714) 960-8845. 08/14/2012 12:59 FAX 7143755099 HB CITY YARD ADMIN Ia002/010 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE FOR THE CONSTRUCTION OF FY 11/12 ADA Improvements Various Sites MSC No. 482-481-484 in the CITY OF HUNTINGTON BEACH August 14, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1. Question: At the Oak View Community Center, the drawings show that the north facing curb is supposed to (mostly) remain In place, however that could make it hard to maintain the 2% grade you want on the concrete without dropping it down a good 3 or 4 inches. Can the curb be removed and redone? Please clarify. Response; The change in level at the walk way abutting the north facing curb was taken into consideration when the ramp was designed and allowed for the existing curb to remain in place. Contractor shall do what is needed to accommodate the design and maintain the existing curb and work towards the F.F of the building entry. 2. Question: At Banning Library, the plans call forthe demo and removal of a 5' wlde portion of the existing curb/planter adjacent to Banning Ave., to be replaced with a new concrete walkway. The existing trees in that planter have large roots that travel throughout the portion of the planter to be removed and beyond. Can we have reassurance that liability for any root damage that could threaten the life of the tree does not fall on the general contractor or sub contractors? Response: Care shall be taken to minize damage to existing landscaping (plant material, trees and irrigation). Contractor shall include allowances for restoring forseeable landscaping and irrigation restoration (refer to specifications). Unforseen conditions shall be addressed in the field. The City will take responsibility if trees are lost due to extensive and unavoidable root damage. 3. Question: At Central Park, are there specs available for the new plumbing fixtures? None are on the plans, and some of these fixtures of lead times of 2 to 3 months. Please clarify. Responsc e: Refer to plumbing specs and attached cutsheets. 4. Question: At the Central Park women's restroom, plans call for both existing lavatories to remain in place, however the detail for D —West (page A3) Gaps for the left lavatory to be relocated_ Please advise. Response: The women's restroom, elevation a West is incorrect; both existing lavatories are to remain and must be protected in place. This is to acknowledgey�rreeec/e"ipt and review of Addendum Number Two, dated August 1$, 2012. 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 Jerry Thompson at (714) 960-8845. BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Z K CONSTRUCTION as Principal, hereinafter called the Principal, andthe AMERICAN CONTRACTORS INDEMNITY COMPANY of 625 THE CITY DRIVE SOUTH, SUITE 130, ORANGE, CA 92868 a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, inthesumof TEN PERCENT OF GREATER AMOUNT BID --------------------------------------------- Dollars ($ 10 0 ) , 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 ADA IMPROVEMENTS - VARIOUS SITES; CENTRAL PARK - MSC #482, BANNING LIBRARY - MSC #481, OAK VIEW COMMUNITY CENTER - MSC #484 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 13TH day of AUGUST 2012 Z K CONSTRUCTION (Seal) •''" Principal Witness { BY: ZVI K WNER Title AMERICAN CONTRACTORS INDEMNITY COMPANY Witness { By MARK D . IATAROLA, Attorney -in -Fact S-0054/GEEF 12100 FRP CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 8/13/2012 before me, DEBORAH D. DAVIS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) Era•, y DEBORAH D. DAVIS COMM. #1929979 se NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY F My Comm. Exp. APRIL 21, 2015 who proved to me on the basis of satisfactory evidence to be the person(s) whose nameH is/ rm subscribed to the within instrument and acknowledged to me that he/may executed the same in hisi`mift mir authorized capacity(t , and that by his/herAhetf signatureH on the instrument the person(&), or the entity upon behalf of which the person(t 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 ll) Place Notary Seal Above Sigiiature 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: MARK D. IATAROLA ❑ Individual ❑ Corporate Officer —Title (s):_ ❑ Partner— ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate officer Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity ConMny,AXalifomia corporation, United States Jhe CS��-yM=E-Rxas corporation-, �pdrafibn,111�Wal��11!11 111�� --( iygj��a Maryland cor I Insurarrm- .,pecialty Y, fflMm iq0WIPY these presents; n 11"' Id ap pint: John G. Maio'n1eyl Mark D. Iatarola or Helen Maloney of Escondido, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, w-execute-acknowledge and deliver any Ind aflli'�,?nds, recognizances, undertakings 'lliIt t JIM -instruments or contracts fMCAMIA344 de riders, amph theni o en s of surety, priMinfth6b oriother- --n Mill Dollars (MVINGIlz -ple-JamaltVadol not exceed ion*** _00M This Power -Attorney shall exIi ftq_=bw-J_th`dut ffifther%6tion on March o r of Attorney is giMnw"MerMn�b�y-__ authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following pro-misions-- AR70—MoOn-IO&M-aM given full power akidlQh6rity fq� I l i,n, the I na I me of and on behal& C-Mrnp t(a — � My, - xZq�Mcknowledge and deliver any d ilf bond land 2A % ty[and l� i5therl, conditional, or obligatory u&cre ViAl recognizance _ =agreements or i J rakrim contracts A empt _d I _:& indl all consents foil release ofjetained-,__- T rcerhailie �Ind[16r�fmal estimates on ion,contracts, and any and aftlSetices Ed documentgroancel4ing or tertninatinot�6-fcbmRa4y's'liabilit:�--� c -sealed and effected thereunder, and any such instruments so exe uted by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and 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 facsirl and any power of attorney or certificate bearing=Laesimile signature or facsimile seal shall be valid,,and binding upon the Company with respect to any-bori �undqrtaldnj to which it is attached. Of 0:14dWasc 'eIllllcorp"ol'rate AN --_WITNESS- seals to beMWHEREOF, The Cq]R-pw-1 0MW tMainstrument t 16" dith 3 `dq of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY E 26im 11,7!l, I IIN + By: DanieFP. Aguilar, Vice President State of California County -of Los Angeles SS: plllpll d Offffii_0' 6V of October, 2011, notary publicll,,peyso a llap a6ifflenI WQ p,I aill�&!Ijjjllqpiel P. Aguil- 0=117MF nsurance Companq&_.-Wpr�aved"� ---- -American-Cbritractors Indemnity CMnpAhy_l e States Surety Companyidn#II!, NoSp&ia on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C—i Mimi zz� 5ftifv Wer MALTY OF PE iind �,6f the State of makd to tha ng paragraphisn_fte-and correct.: se W TWEETNE rMand official Signature r g AO 20 S4 (Seal) Puft - m La Amon CowIlly --istant Secretary of -A -mend rety Company an." S11- --Jeanni6- Lee, As -canoW, trgmrs Indemnity CompanylI!IIIIJUIite 181�atO n I li'Iloil Ill, Ill, INIlIkIll I!IliTII1 nv, b py,; Insurance 5-ran-c-e C do hereby cqu-tif%.t. Rf"- omelandffbregoing is a nl'el�iand corr9c Ro, Power of Atromm Skeaaedma — mpany, IIIIIIIIIII. Il'l !I; t p_ es; on! M1111odft v more, the re§0110' -��said_ClDffiDdhi ---which is still in fUZU-6 ;MW rN r I "Directors, set otlt the PoweFof Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 13TH day of AUGUST 2012. sIlly of � S8 Ii f I forrif _66_a_-F9_SF P-0 T SEAL Bond No. ----- Jeannie Lee, QSsistant Secretary Agency No. 4013 ;4a 'I0h,l1ll