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HomeMy WebLinkAboutExcavating Engineers, Inc. - 2013-05-06,FOE HUNTINGTON BEACH � `• A � l 4 2 f e � �•� f9 �•$ � y � � d p � �r - W 11111 h TO: THOSE LISTED HEREON FROM: David Verone` f� DATE: 9/11/2013 SUBJECT: Retention Release Payment Company Name: Excavating Engineers, Inc. Address: 5256 S. Mission Road #703-002 City, State and Zip Code: Bonsall, CA 92003 Phone Number: (760) 451-8600 Business License Number:A286355 Local Address: NSA Notice of Completion Date:7/16/13 Contract Purpose: CC1337 Lambert Park Slope Repair The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date. ravis KLHo' Vins, Public Works Director I certify that there are no outstanding invoices on file. I ate J puty gitj Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Joan Flynn, eity Cler Retention_Release_signature.doc 9/11 /2013 4:55:00 PM Certification of Compliance whir Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main StreetlP.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with. Prevailing Wage Laws Contract: Project: %�,�ie11_.►►' The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of Caiifoma, Departbnent of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of Caflfomia that the foregoing is true and correct. Executed this i L day of .{ , 2d_J�J at �' , California. ��� ('a'� lit � -r (Type Contractor dame By: T ) Name: [Type Name] Title: [Type Title] aM. NEY 1 x415W -FUZZY 03 ab • Mp CONTRACTOR'S CERTICA'I'E l C , state and certify that: (Name ofbecIarant) VICK1 00V7 Hunti4on Beach C amity") on tontract No. for the construction of the public work of imf ,is the general contractor to the City of (the "Contract") ;I 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 ing all persons suktlying labor -services, materials.and equipment to the Project, including all chinas 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 Jaen 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. f 20 Executed atjU�5G4 t on this day of Z t. (Signature of Declarant) AppROVED AS TO FORM By. Name: (Type Name) Title: [Type Title] 20914.' Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main. StrecO.Q. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: r4 The undersigned contractor on the above -referenced project ("Projcct") 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 world as set forth in the wage -rate• determinations of the State of Califdrnia, 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 _,_L r day of 20_1�7g at_}�rZl' �1 , California. (Type C,60-actor Name By: Pt e - Name: ['IYpe Name] Title: [Type Title]j` CITY A'I'IC M EY `TLC 03, 3b • 01a 24154ZI RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT City Treasurer City Clerk Bond cceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No.� MSC No. Other No. g:/forms/bond transmittal to treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) Approved6 Z i OZ� > (CounciApproval Date) Agenda Item No. K� City Clerk Vault No. SIRE System ID No. �ZZ A� MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That lcnntractors name) Excavating Engineers, Inc. 5256 S- Mission Road #703-002 Bou-sall, CA 92003 [cantractor's street address, cky and state and sip code] as Principal (hereinafter called Contractor), and: The Ohio Casualty Insurance Company lsurety's namel {surety's street address dty and state anchlJo Code] a corporation organized and existing under the laws of the Stateof New Hampshire Yff1h its principal office in the City of _ora ge C-2Iifnrnis I as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUN't ING ON BEACH as Obligee (hereinafter called Owner), In the amount of Two Hundred Thirty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100 Dollars (cw 238.975.00 }, for the payment whereof_ Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated ,July 11, 2013 entered Into a contract With Owner for the CC-13' 7; T.amhert Park Slope Repair Priypct in accordance with drawings and specifications prepared by which contact is by reference made a part hereof (hereinafter referred to as the Contract), and WHEREAS, the Contras 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 on -- 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 MU 10 , 201L 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 andtor` 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) fotlowing Owners 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 arrsin9 front the Surety's faliure to either remedy the default or to complete the Contract In accordance vAth 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 sxpensa, and make avallable 10-2567150593 as work progresses sufficient funds to pay the cost of including other costs and damages for which the surety procedure by which the Surety undertakes to discharge advance written approval of the Owner. completion less the unpaid balance of the Contract may be liable hereunder, provided, However, that the Its obligations under this Bond shall be subject to the 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 defauit(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 core or remedy of the Principals default($) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work 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 Iare 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'Principars default(s) of't#s 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 band, 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 ©wryer named herein or the successors of Owner. Signed and seated this 21 st day of August 2013 Principal Raised Corporate Seal 1MUST BE AFFIXED] Principal Raised Corporate Seal OMUSST BE AFFIXED) raoTFS: Acknowledgments must be completed and retuned as part of the bond. Raised Corporate Seas are mandatory. Ptease attach Power of Attorney_ 10-2567/50593 (Title) The Ohio Casualty Insurance Compan (ti Name) E ; 5�^ai) art Stewart, Attorney -in -Fact VED AS TO FORM cGRATK City Ati4MY CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM. Rx .ayat rigine-erg In PR47ECTl (Conaractormme) C.C-1 337; T --- betrt Park Slope Rclmir P� ject 5256 S. Mission Road 4703-002 (Street Address) Bousall, CA 92003 (City, State and Zip) TO. CITY OF HUNTINGTON BEACH Reached hereto Is a true and correct copy of the wrrent Certificate of Insurance and Additional insured Endorsement M 2010 1185, Mich Certificate complies with the insurance requirements of the Cantract by and between the City of Huntington Beech, ("cityo and the above -named Contractor .t"Cont, actor") for the above -described project ("Project"). I declare under penalty of per fury under the laws of the State of California that the aboye statement is true and correc. Signed on 20_, at (Date) (City, State) (Signature of Individual Who is Malang Declaration) Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance recltdremerts of the Contras for the Project Said Nurance shall be maintained through and until the expiration of all Warranties provided by Contractor, Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional, insured. CorttracYir shaft supply to City, on at least an annual basis, a Certificate of insurance amid the afarmentioned i ndoisement evidencing continued coverage which meets the contract tequiremeM Signed on (20_, at (Date) (City, State) CONTRACTOR: Name, 07 Name: Title: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6094624 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bart Stewart all of the city of Encinitas state of CA each individually if there. be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of April. 2013 �+ American Fire and Casualty Company The Ohio Casualty Insurance Company Q o� 1 Liberty Mutual.lnsurance Company r . WestAmerican Insurance Company = . ` cC + Gregory VV. Davenport, Assistant Secretary C c: STATE OF WASHINGTON ss to -� COUNTY OF KING - 0 On this 24th day of April 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American v 4) Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and WestAmerican Insurance. Company, andthat he, as such, being authorized so to do, :,w execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. . y` >: IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. O Q- y 3 Q M y� I�t �et� '0 g O O -L ; KD Riley, Not Public �. R L r O y O 1L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance .w c Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows:" R c ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject " O O tM 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Corporation to make, execute, seal, w O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective :a E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '� m . executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under > c the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.. ARTICLE XIII — Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, CO > L. and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, ". p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances. and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their. "co Z U , respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so "O o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ r attomeys-in-fact as may necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the . Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. - I, David M. Carey, the undersigned Assistant Secretary, of American Fire and Casualty Company; The Ohio Casualty Insurance Company; Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of C. JLS C 4 - t4Sr i.c xc i4� sr,c ,�.0 By. i S z a David M. Carey, Assistant Secretary LMS 12873 092012 - - _ 311 of 500_ C CERTIFICATE '/�'� '(�}' � ijt{�'t��''fL�-t9jS" A: ORNT S A 1 ACKNOWLEDGMENT '}L—P K../ �r � O 1.J,/'3''� MET > aie of i=alioi Cou t%- of Sin Diego tin. �� � 2 �3 BefIore aura ^.Sh ey Aco._S. Notery Public i Zam-e 17 I Bs", Ste. L. e1'SQ11Uil}` Zj-7i_72c1icC. t'd=' �vho proved to me on the basis at satls actor�l =Ividenceto be di3 ` erso t{--„ j TYIIUi2 subkribad to the tvIth711 instrument and ac_knovviedged [o nice that 2:; CltiZj i?2 S: `i2 lil (11iS z a itliCi7Zct� Cai}aClt}r�Y and that v)%(�]I Si�Zl:atlilc. nTl i112 1n�iI Inl2rit thc' 2rSC7Il Lrr tiie ent?tjr tl�p7 �?I�1.1 Oi �,vhich thee person",- acted, executed the u1struji1ent. 1 certify under PEN';)~1'Y OFPERJURY under tt>e lrivvs of the- St:at- _ 1" _ _ _ is Clue and COI ect. LAURA ASHLEY ACEVES Commission No. 1927951 z aL <: i1 1 � U-��a" NOTARY PUBLIC-CALIFORNIA t? / ZJ SAN DIEGO COUNTY i My Comm. Expires MARCH 7, 2015 Signtur6-6f NotAry Public DESCRIPTION" OF THE A T T ACHED DOCLT�MEn`.T 11 itlz d�ril;ti,. of atc.rced d:ri: 7,a tTit?e cr dsniptnn ni _.�_he' doccncr.! cca<tinit=:;1 Number of Pa ,c: Dat2 CAPACITY CL:—_I\•i=D 1}' T H- Slti^:f=R 1 Individual ; ) i Co-po,-zte u deer (klzj 7 Partn_r(;) Other _?03 \'eaiconCnd'.-.,, 1, Ir �i-gc}:1-i�d-jEd o;trv:.No:a;;Cla;ccs.com cNoie-° Se't1 INSTRUCTION'S FOR CO\4PL.ETL-NG THIS FORM d, t' dun �Jbwe in ,Ie r. s:mOlt or : sdr:nrr::� a ��rcnrk gmetujvnr c:u5r �_ and rrr-:h„ rn 1h:": d,:ntn -"ne. ir_ o:,ir nrit:r:._ ii` :" .,,. �:.T:•(, ci_ ni:';:t r_,"'.'[t? lh,tG:.l: �,. :�. .:ii:f�� ii'.:. $Itr: :t :J",i no:a ;n CGZjIoniiii (i.�. e rlrjTir? r± ;:!rtimri_e•d c- .:cim -{ii;_ sinc�ri� Pler_;r. clra�,( ti;:: tnrni IT S! e ana C.-Lpr" inli;:-_[ic•n rrn >: he d:e �atc: n Cou:n} uhere'dt<: _s�un;ca! aner(s) pcaDnallp aj;pee[cd cctetc the oe!e.n" public foi d;np,4led ,,ent. pate ,-; nna _e[ion r,:_si be the dale 1, at tnc ienc-(s) Via. onall} a„r red which r;:nst al ,led—:r.�l i_ _..- e ric n0::- public L1!i_ r-nt t:her ..ante °5 i1 J,Dc_.- ,vhm ❑!5 h:r co u�tis>i ,r ic,lla':,.c1 h; a cenr:n and t;ier:n,c,ur title (a l' ary public). =;int th.:sne(s) r,_ar bi2n'J'(-) t'm per_onal!; nLcc v the i-ne cf mxari:atii:a. lndic_,e !i;e _ - . _ 1 pl_._. G_...., bg n_ of ir..r..�ct fo iafp-:aiion n_v i.�d r•: -ej:-..:-,n :;� uacmrem recordin.. - The ..,,gin ,.al intprc-sit,: ,_ust be ci=T aad phoro_ 9phica'-ly-_cible. 1-,1.re sign -u' n . c.:r.. t:a u7 lines. L __al io;. _, ud� ... - a! if s Pf;ci.n[ a:�n pernits,.lt _ra isz cenri:[z a differ of ackaoaled_-ment fomn. Sieasture cf the notary public mint riaicii [he denature on ;fie tviih Lne of=re o, the count\ cl: h ..:;i rzqll6cd bUt r}Lii) 1,21p zo 2:u-tic 1.,_ _ _ = ;rl:d_ment is not mis ;ed or a[:_ch-`J I a diff Brent docttmcrt. Indi ate till: ar n.pz of=_;(ached d cufioent, m .tuber of pa_es and Bite. indicate the claimed by the signer. If the claimed capacin i; s cor�,raie c rfice7, indicate t, c title (i.. CEO, C70, Sd r..ar.v). + Syc :ci ae_rh 7i: dr.r:unem to th •;i=ned document RECEIVED BY: - CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating ' 1 611 r (Date) ®, CITY OF HUNTINGTON BEACH ilR'4C t INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Xceptance, I have received the bonds for i) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved (CouncifApprrooval Date) Agenda Item No. k City Clerk Vault No. SIRE System ID No. i d� 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: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II III II 1111111111111111111111111111111111111111 Jill I I III IIIIIINO FEE 2013000426770 03:47pm 07/16/13 105 401 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 Excavating Engineers, Inc. who was the company thereon for doing the following work to -wit: LAMBERT PARK SLOPE REPAIR, CONSTRUCTION CONTRACT-1337 That said work was completed July 11, 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 July 12, 2013, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract The Ohio Casualty 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 July 12, 2013 DiTctor of Public Works City Engineer ty of Huntington 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 Orange County. Dated at Huntington Beach, California, this July 12, 2013. ector of Public Worts or City Engineer This document is solely the official business of ity 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: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) HBCITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha i:Ereidenrich, City Treasurer FROM: /�j I rt % 1-1 _All DATE: -T1,V,-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. f Approved --,�-/ , / (Co'uncil Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. Arl #27 gJfollowup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCAVATING ENGINEERS, INC. FOR LAMBERT PARK SLOPE REPAIR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EXCAVATING ENGINEERS, INC. FOR LAMBERT PARK SLOPE REPAIR 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 Excavating Engineers, a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Lambert Park Slope Repair, CC-1337 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst I of 22 12/11 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/s urfnet/c i tycon s t 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two hundred thirty eight thousand nine hundred seventy five Dollars ($238,975.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Seventy (70) 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. glagreelsurfneticityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/s urfnet/c i tycon s t 5 of 22 12/11 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/citycon st % of 22 12/11 the sum of Five hundred Dollars ($500.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in -- the time required for performance of any part of the work under this Agreement, whether or not changed as a result of g/agree/surfnet/cityconst 9 of 22 12/11 such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 12/11 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. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. 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. g/agree/surfnet/cityconst 11 of 22 12/11 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. 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 g/agree/surfnet/cityconst 12 of 22 12/11 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. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. g/agree/surfnet/cityconst 13 of 22 12/11 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 defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. g/agree/surfnet/cityconst 14 of 22 12/11 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. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfnet/cityconst 15 of 22 12/11 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 not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/surfnet/cityconst 16 of 22 12/11 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. 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 g/agree/surfn Weityconst 17 of 22 12/11 CITY shall have any financial interest in this Agreement in violation of the California Government Code. 29. 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 CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: David Verone 2000 Main Street g/agree/surfnet/cityconst 12/11 TO CONTRACTOR: Excavating Engineers, Inc. 18 of 22 Huntington Beach, CA 92648 30. SECTION HEADINGS 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 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. g/agree/surfnet/cityconst 19 of 22 12/11 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/surfnet/cityconst 20 of 22 12/11 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. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. g/agree/surfnet/cityconst 21 of 22 12/11 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 1 20�. �Yfig p 6 A013 g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR Excavating Engineers, Inc. ITS: (circle one) AND c prm LaL me ITS: (circle one Secrets /Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a INITIATED AND Director of Put is Works APPROVED: Manager g/agree/surfnet/cityconst 23 of 22 12/11 R /( / SECTION C PROPOSAL, for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 t If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find bid bond in the amount of-5x 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here; if any: Addenda No. Date Received Bidder's Si nature None C-2 r SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: $ 238,975.00 Two hundred thirty eight thousand nine hundred seventy five and 00/100 dollars C-2.1 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 tem No. shmate Quantity Bid IEem Descripha n ... Unit::Pnce.:: xten e A. mount 1 1 LS Mobilization $ 40, 000 $ 40,000 2 1 LS Construction Survey $8,000 $8,000 3 1 LS Construction Traffic Control Plan (No Traffic Engineer Stamp Regd) $2, 500 $ 2, 500 4 1 LS Furnish Project Traffic/Pedestrian Control $15, 500 $ 15,500 5 1 LS Clearing and Grubbing (incl. all Tree/Vegetation Removal) $24, 000 $ 24, 000 6 1280 Cy Unclassified Excavation $40.00 $51,200 7 1660 CI, Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) $ 2 4. 0 0 $ 3 9, 8 4 0 8 350 Sy Install Mirafi 1120N Geofabric $ 5.50 $ 1,925 9 15120 SF Install Biaxial Geogrid BX1200 (Type S2 or equal) $ 0. 50 $ 7,560 10 900 SY Install Geojute Natural Erosion Control Fabric (per Plans and Appendix II of Specifications) $ 4 . 5 0 $ 4,050 C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 tem No . : Estimate .::Quantity .:.:. .... .. . Bicl:Item Description Unit:�rice:: xten a :::. Amonnt 11 610 TN Construct Crushed Aggregate Base Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) $ 41 . 00 $ 25,010 12 55 LF Remove and Replace Existing V-Gutter $ 60 . 00 $ 3,300 13 1 LS Replace Damaged Portion of Existing Irrigation System $5, 750 $ 5,750 14 2 EA Survey Monumentation $750 $1,500 15 8000 SF Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) $ 0.23 $ 1,840 16 1 LS Install Erosion Control BMP's s7,000 $ 7, 000 Total Amount Bid in Figures: $ 2 3 8, 9 7 5. 0 0 Total Amount Bid in Words: Two hundred thirty eight thousand nine -- ----- - ---------- -- ------ - - - - --- --- - - ---- hundred sevent-- five and 00/100 dollars C-2.3 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. me Portion . qf Work Name and Address of Subcontractor State License Number Class Tree removal 56egSG6 oQANGE GA q vr6 5 L-t 6 6 p-4'1 C -77 "1 Constr Survey CNC Engineering 1 Corporate Park, Suite 101 RCE # 27743 and numents Irvine, Ca 92606 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOI.LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Marty Smith , being first duly sworn, deposes and says that he or she is President of Excavating Engineers 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. Smith 5256 S. Mission Road #703-002 Address of Bidder Bonsall, Ca 92003 Subscribed and sworn to before me this 2 6 th day of March 20 13 NOTARY PUBLIC C-4 State of California County of San Di On March 26, 2013 X ACKNOWLEDGMENT before me, Joseph George Henson, Notary Public (insert name and title of the officer) personally appeared Marty Smith who proved to me on the basis of satisfactory evidence to be the person(-&) whose name is subscribed to the within instrument and acknowledged to me thatQWleAl� executed the same in (Dhe#their authorized capacity(ie,&), and that by is her-fthek signature(sj on the instrument the person(Js}, 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. IOS", GEORGE NENSON WITNESS my hand and official seal. c comm. #1986099 s z No Co�►hft°ymia 22 16 Signature (Seal) Non -collusion Affidavit - Lambert Park Slope Repair 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 LAMBERT PARK SLOPE REPAIR, CC No. 1337, (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: 3/26/2013 C-5 Excavating Engineers, Inc President Title DISQUALIIFICAT'ION 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 z 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: 3/26/2013 C-7 Excavating Engineers, Inc. President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Excavating Engineers, Inc Bidder Name 5256 S. Mission Road #703-002 Business Address Bonsall, Ca 92003 City, State Zip (760 ) 451-8600 Telephone Number 716401 A State Contractor's License No. and Class 11/1995 Original Date Issued 12/31/2013 Expiration Date The work site was inspected by Bob Lathrop of our office on 3 / 21 / , 2013 The following are persons, firms, and corporations having a principal interest in this proposal: Marty Smith, Excavating Engineers, Ariel Smith, Excavating Engineers, C-9 Inc. President Inc. Secretary 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. Excav,�L-tng Engineers, Inc. Signature of Marty Smith, President Printed or Typed Signature Subscribed and sworn to before me this 26tgay of March ) 20U13 NOTARY PUBLIC 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: Club Laguna Slope repair 1 City of Laguna Beach 505 Forest Ave. Laguna Beach Ca 92651 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tom Sandefur, PE, 94 9 - 4 9 7 - 0 7 9 2 $60,000 Slope Repair 1/4/2013 Contract Amount Type of Work Date Completed La Flore Drive Slope Repair 2. City of La Habra Heights 1245 N. Hacienda Road Name and Address of Public Agency Name and Telephone No. of Project Manager: Dave Nichols 5 6 2- 6 9 4- 6 3 0 2 $75,000 Slope Repair 10/2012 Contract Amount Type of Work Date Completed Rock Crusher Road Improvement Project 3. El Dorado Irrigation District 2890 Mosquito Road Placerville, Ca Name and Address of Public Agency 95667 Name and Telephone No. of Project Manager: Daryl Noel 530-642-4022 $1,187,000 Slopes, walls, new bridge, abutments Contract Amount Type of Work Date Completed Currently under Construction We have many more Public Works references available if required C-10 State of California County of San Diego ) On March 26, 2013 before me, Joseph George Henson, Notary Public (insert name and title of the officer) personally appeared Marty Smith who proved to me on the basis of satisfactory evidence to be the person(-&) whose name is subscribed to the within instrument and acknowledged to me thatse w2i--A e executed the same in is fir authorized capacity( -- ), and that by is how signature(-&) on the instrument the person(s�, or the entity upon behalf of which the person(-s-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JOSEPM 6EONE NENSON COMM. #1986099 Z WITNESS my hand and official seal. not li o nia o Signature (Seal) Bidder Information - Lambert Park Slope Repair BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Excavating Engineers, Inc. as Principal, hereinafter called the Principal, and the First National Insurance. Company of America of 1001 4th Avenue, Suite 1700, Seattle, WA 98154 , a corporation duly organized under the laws of the State of Washington , as Surety, hereinafter called the Surety, are held and firmly bound unto of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent Of Amount Bid Dollars ($ 10% Of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC No. 1337 / Lambert Park Slope Repair NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified. in said bid and such larger. amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of March 2013 Witness Witness J-uuS41rN Uuuo cava n n ineers Inc (Seal) 1 11r itle First National Insurance Cprtpany of America By Bart Stewart, Attorney -in -Fact XDP THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5920221 First National Insurance Company of America General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bart Stewart all of the city of Encinitas state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds,. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of December 2012 „a First National Insurance Company of America > General Insurance Company of America Safeco Insurance Company of America y O r r. C CL a) By' N "a Gregory W. Davenport, Assistant Secretary O M :r STATE OF WASHINGTON ss = COUNTY OF KING ra =cLa -c On this 19th day of December 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to'be the Assistant Secretary of First National M v 0) Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America; and that he, as such, being authorized so to do, execute the y�tA foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington; on the day and year first above written: 1 c d Q M O to O = By: L KD.Riley, Notaryblic t�0 d0 OE Or 0. _ M This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, General N o air Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows: �d oc y ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that, purpose in writing by the Chairman or the President„ and y, M O C subject to such limitation as the Chairman or the President may prescribe; shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, E seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their C respective powers of attorney, shall have full power to bind the Corporation by their signature and executed; such instruments shall be as binding as if signed by the President and j s y— L attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the : d v Chairman, the President or by the officer or officers granting such power or authority. 00 ra c ,, d Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such E ' M attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal; acknowledge and deliver as. surety any and all undertakings, bonds, recognizances and co Z v other surety obligations. v Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile. or. mechanically reproduced signature of any assistant secretary H of the Company, wherever appearing upon a certified: copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with.the same force and effect as though manually affixed. I, David M. Carey,.the undersigned, Assistant.Secretary; of First National Insurance Company of America, General Insurance Company of America; and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. � G IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said. Companies this day of 20 . By: a David M. Carey; Assistant Secretary POA- FNICA, GICA & SICA - - - _ - - 63-of .100 LMS_12874_041012 3 Company _ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On �3-1 3 before me, Laura Ashley Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the persons) whose namees,)(34e subscribed to the within instrument and acknowledged to me that Ghe4hey executed the same in is ' authorized capacity(ies)-, and that by s signature(s) on the instrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Public and official seal. LAURA ASHLEY ACEVES U °yes Commission No. 1927951 Z NOTARY PUBLIC-CALIFORNIA Z SAN DIEGO COUNTY My Comm. Expires MARCH 7, 2015 (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) El Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or. a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidlyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aie ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryC]asses.com 00 ver7-tr-tear, Pmr D 3 (a,& 1(3 cry Of pu�+ I &�4 -2,obo ffwt-v\ 2'k--P-9,U- CA.[(�D(m liq q�04 OP ID: VP CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 05/14/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 619-937-0164 Rancho Mesa Insurance Services 250 Riverview Parkway #401 619-937-0168 Santee, CA 92071 Braden K. Mann CONTACT NAME: PHONE No Ext : FAX No): E-MAIL ADDRESS: PRODUCER EXCAV-2 CUSTOMER ID It: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Excavating Engineers Inc. dba: Hillside Retaining Walls Company 5256 S. Mission Rd., #703-002 Bonsall, CA 92003 INSURERA:Wesco Insurance Company INSURER B: Plaza Indemnity Insurance Co INSURER c:St Paul Fire and Marine Ins Co INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR OF INSURANCE ADDLTYPE INSR D POLICY NUMBER FF MM/DPOLDIYYEYYY EXP POLICY DDfYYYY MM LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 41 OCCUR X CONTRACTUAL LIAB X X WPP105302001 02/01/13 02/01/14 EACH OCCURRENCE $ 1,000,000 E T DAMAGE RE-PREMISES PREMISES Ea occurrence $ 100,000 ME EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-DWNEDAUTOS - WPP105302001 tJV�D / � 1 I cGZL, 02/01/13 FORM: ;, fit 02/01/14 ,,: --__ CO aBINEDt) SINGLE LIMIT (EaA $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ B UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZUP-15N55994-13-NF 04/01/13 02/01/14 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DEDUCTIBLE RETENTION $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X SWC1018861 02/01/13 02/01/14 X I WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A A Scheduled Equip. Rented/Leased WPP105302001 WPP105302001 02/01/13 02/01/13 02/01/14 02/01/14 Limit: 821,858 Limit: 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: LAMBERT PARK SLOPE REPAIR #H21302. CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS AND SPRINGHURST TOWNHOMES HOMEOWNERS ASSOCIATION ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 AND CG2037 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. a CERTIFICATE HOLDER CANCELLATION CITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF HUNTINGTON BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: PUBLIC WORKS DEPT. ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN STREET AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH, CA 92648 ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP105302001 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): I Location(s) Of Covered Operations Blanket as required by written contract. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers and Springhurst Townhomes Homeowners Association Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be ex- cess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CO 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: WPP105302001 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �. - - � 0, I= kiwi This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers and Springhurst Townhomes Homeowners Association It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the additional in- sured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule if not shown above, will be shown in the Declarations. I Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: WPP105302001 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: WPP105302001 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NA � a ,n - _a a This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: This endorsement applies only to your projects away from premises owned by or rented to you for which you have certificates of insurance on file at your office. (If no entry appears above, information required to complete this endorsement will be shown in the ueclarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ❑ 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Pro- ject General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization as required by written contract Notes: Job Description t . This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in ( ) Is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured Is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/1/2013 Policy No. SWC1018861 Endorsement No. 001 Insured Insurance Company Security National Insurance Company Excavating Engineers, Inc. dba: Hillside Retaining Walls Compan}countersigned By RECEIVED BY: (Name) (Date) • FAD 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: 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 (Cdjncil Approval Date) (t,ompany rvarne) D 5/0 Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc Bond No. 024048350 * Premium: $4,585 414 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "Citya) has, by written agreement dated , 2013 , entered into a contract with Excavating Engineers, Inc. 5461 Rainbow Creek Road, Fallbrook, CA 92028 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Lambert Park Slope Repair, CC-1337 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein In full. WHEREAS, said Principal is required under the terms of the Contract to fumish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and The Ohio Casualty Insurance Company 790 The City Drive South; Suite 200, Orange, CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Thirty Eight Thousand Nine Hundred Seventy Five and 00/100 Dollars ($ 238,975 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees') from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and rnodf iications 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 *Premium subject to change based on final Bond No. 024048350 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described In the Contract as to all obligations and liabilities- of the Principal which survive completion of the work, IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 10, 2013 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Signature of Attomey-iNFact for Surety) (Attach Attomey-in-Fact Certificate) 7{ 14) 634-3311 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH c By ennifer Mc th �ji5�6G ity Attorney Note: This bond must be executed In duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey4n4act must be attached. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS -PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority.to"bind the Company except in the manner and to the extent herein stated. " Certificate No. 6094809 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bart Stewart all of the city of Encinitas state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and.as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed,by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of April 2013 American Fire and .Casualty Company -tea The Ohio Casualty Insurance Company �. O z 4i sk t{l;{ s N Liberty Mutual Insurance Company d a190, i 1912.r ) West American Insurance Company _ L By: Gregory VV. Davenport, Assistant Secretary C _, STATE OF WASHINGTON ss w COUNTY OF KING C 4) On this 24th day of April 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to .be "the Assistant Secretary of American v u a) Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, -TW p10 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E w > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. O :CL By: c C" . KIDRiley , Not Public to 02 _ This Power of Attorney is made.and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance rA c Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: rn m L ARTICLE IV —.OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p r a> to such limitation as the Chairman or the 'President may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to actin behalf of the Corporation to make, execute, seal, p C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective; :a E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments'and to attach thereto the seal of the I Corporation. When so u executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under > = Tthe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by officer or officers granting such power or authority. v ARTICLE XIII —Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the.president, >'4) and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L M p .�, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their o0 Z v , respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. `When so v o executed such instruments shall be as binding as if signed.by the president and attested by the secretary. p Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's.Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified, copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this i ellday of , 20/3 . By. David M. Assistant Secretary 71 \:� �. p Y LM3 12873 092012 496 of 500, _lUA_ LIFORNIA ALL-PURPOSE CERTIFICATE OF _RC KINOWLEDGATENT S ta, C -n Cal -' Fon-1 i p Lln, L7, C,,-p San Di_eqo rf C-T=1 'T . Lat_, ra A.sh 1 ey 1y.c av B-s , M, o t:_: ry 7- u L, I Tc app, arod B3rt Stev-­Tt VJ-30 PTOVed tO T - '� I , 0 f s' 2, 0" sfactoT:y tvidenict io be ibi� alai ekilll -1 Ll t C) 11 1-r:e DBSiS SUDKri DC-Cl tO 'Lnow ­ i uthon,z` led d m' flip- fhat "l—iL jjj,f ilia Re � _1111--�:_'_ t� a c11?ca,_jt—v a.td that L, sigjiatur'�W' oil tha� instf-CLInent 'dip p— , _') . " , sl h s 0 11 'h� enti�? lipon bchal` of which the p'tzsonL,=� actled, the iT slrurn�nl. -1 1 ctrLifv undar PEJN' LTy' nT-, 1.9-ws; o't'-= S,- - ! - I — 'cl t -, , ­0 -a h I . __ I h, mll�. ot Canfoi-,-Li 11 forlg iLlqpal grEll- Is trale a� ce-1-It-'CL. NotarV Public LAURA ASHIEY ACEVES Commission No. 1927951 NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY C? MY Ccmm. Expires MARCH 7, 2015 �DgDl 11 ONAL OPT IONAL J_NTT ORMAT-f ON D_E'SC R1 F TION OF 7 Fi F TT;`, -CHEF) D OrC I Ell I T;I the 3, j_,; Nunibcr of _i c' D-­ C AFACTTY CLA 11. 47 D 8_1 T it = tlty'\,"h; Ell "T3e'Md'U_--j �D 7r, m rty-, INS TRL CTIONS FO' CO"NI FL F JE,'�f,-j THf'- FO_Rjrj 11— r 1 1: u _COOf� CT 47 5 �7: 21 ;_2 2- fh..­ 1:7 C 1,2 D'Iz, -n - 1:7 u S197�cn sl JiCa !.I tttnic'r) Tuthc 1.T7. T)': F., 7 clay - r L: iris__ -lion ma, !--I �-A CnnET[:-L-aD'-]. LNZ L, tZ7Tt �T ff-lcitni 27�_- i"TZ01 2_k' sizzatuT,- 'Z:'2'LL'± on Ur 1.%Pd z4nazh_-j 3CT:L6c7,L lndicale capa:i-cy c[ainw6 by the if LhL d_nnfT1 a CEO, CFO. Laqntni Bond No. 024048350 Premium Included in Performance Bond KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Excavating Engineers, Inc. 5461 Rainbow Creek Road, Fallbrook, CA 92028 (name and address of contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Lambert Park Slope Repair, CC- 1337 (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 The Ohio Casualty Insurance Company 790 The City Drive South; Suite 200, Orange, CA 92868 (name and address of Surety) _(a duly admitted 4urety_insurer under the .laws _of the State of Califomia and hereinafter referred. to as "Surety"), as Surety, are held and firmly bound unto City In the penal sum of Two Hundred Thirty Eight Thousand Nine Hundred Seventy Five and 00/100 dollars, ($ 238,975 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts .required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, Bond No. 024048350 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2846 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 10, 2013 ATTEST (Corporate Sea[) ATTEST Excavating Engineers, Inc. (Corporate Seat) The Ohio Casualty Insurance Company (Surety Name>_ By Napa w t6n, ey!7n-FadIt (Signature of Attorney -in -Fact for Surety) CL4j 634-3311 (Attach Attorney -In -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ' l�/1 c BY t 1 t ennifer iN rath ��S/�4ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6094801 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS.BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does.hereby name, constitute and appoint, Bart Stewart all of the city of Encinitas state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge .and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of April 12013 American fire and Casualty Company F °' 1 The Ohio Casualty Insurance Company l Liberty Mutual Insurance Company West American, Insurance Company STATE OF WASHINGTON ss Gregory WI :Davenport, Assistant Secretary COUNTY OF KING LOn this 24th day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged, himself to be the Assistant Secretary of American -u . ay 'Fire and Casualty Company, Liberty Mutual.lnsurance Company, The Ohio Casualty Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do, 0 .2, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. w> IN WITNESSWHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year.first above written. By : O'L >u, E KID Rlley , Not Public a+ A < d This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance L Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading -as follows: ai r mARTICLE IV — OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject ar to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 0_ .acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective E . T. powers of attorney, shall have full.power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so A.0 co executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, p seal, acknowledge and deliver as surety any and all undertakings, _bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their Z L) respective powers of attorney, shall have.full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of anypower of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with - the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify.that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed bysaid Companies, is in full force and effect and has not been revoked. th IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this tQ day of , 20 �Z . ej 1905 „i r t� >( c7a a 7997r By: David M. Carey, Assistant Secretary c 0 vy AW m cE L O C, aM w 0� CD C O E Q- c3 LMS 12873_092012 488 of 500 CALIFORNTLN -ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State Of Cal-ifoTilia County Of S21 Diego 'Jolos�,Qr,3 befort, -me.. Laum z-"'Shjev Aces:es-Notary Public (I!--- -1 4 :-,- :!T', _-­ rar;,e -d c " zh 2 es) who proved to me on the basis of salisfactcqv? evidlerice to be tb- persorn� v)'Ijose 11alliet' 1: ribed to subscribed I Instrument and ackno�,vledgledX0CUf ;tz -, Eed the same in 61is hEi4l4ae au.t1torized 111c within Coto tile that capacity .;, and that on the instniment the j7j=_I-S0n(&b orthe entity' upon behalf of ,xhich the acted, executed the instrument. I ecrLiAl Under PENALTY OF PERJ U-K-Y' under the lav:s of the State of Califonnia that the 'toregoi a paragrapih is true and AmTeci Public — — ------------ LAURA ASHLEY ACEV S Commission No. 1927951 z 0 C) NOTARY PUBLIC-CALIFORNIA 12 z SAN DIEGO COUNTY My Comm. Expires MARCH 7,2015 ADDITIONAL OPTIONA-1- I-WORATATION DESCRIPTION' OF THE ATTACHED DOCUN4EN'T (Title- of Number of Pac_,: Docum_-i-.t Date_ A CITY CLAIMED B T 1-1 S I C, N- F P, Individual ;_) E: . C 0 f-fi - c r Ell Partner(s) FI A-tior-ey-in-Fa-t Trusr-­(S) 13 Ocher Versior CAP A v I I! INSTRUCTIONS FOR COMPLETIN70 THIS FORM V CS a!"D e/_3 or t7 leicd and n!'r is li a or CZ� ih2 noii:ry ff.r tT tlL"" in cah'fn!-'Iia (�.C. L7.drdjji/:'- 1h_1 2.'whor;-ed ca!'am"i '11-- . e� Cl W-� .1,- nii;',!hfi-vJ.rqp I Y snic in be !hc County vatic. '11t siar'Cr(M P-small., al,pcLiej bctn- the netary public for acknosItjcnllnt. DUtz of notartiz_,tion rnust be the date that the v'-hich —'QsI aLn be lil_ same The pub.jir as it a v-ii'm his T h­ CT- -,-s cl)nlmisSichn fotlov: cd L- a and [l)--r. )vw title (T)(:tar�' Public). Nini the mtrne(7) of document Si2nerlcl ;Ahc' plztze'nalk aplptc7 at f nota, I -21io'.. indi'--lit the -o-cci iz or Ci. C ILI z Cnl- �-ci 1�. nins, Failurc t,:: �orr,�7:11, tL-: info-n-riv,tion ma, !Fad Ic of dwcuuieni icu,fdm-., The notan se_ --I innpr.z=ion. rust b chi and Plnot:'maOhi_-Jv r,'%?'i-o,_'-_i:i':'lc. _MLESt not ec test z-.r hn:s. If zcal if a lficieni ar:n ' rer­mili nchc-'vise complete a Ji':Te-_[1i _�cknoowle,6_�, e,)i form. si2paturc cf the ricadfy D'Ublil: MUSt TIAtCh the siRnatie On file h- J%jth Ll - L f-Ce of the CoLin'v el-rl: Aur 1, rzj�i-,�d 'out cou-!J h2lp -.al nllullf this 2'­k"0-'laJ=n1Cr)z is wi m.;su>td or al_.2ch�_-d to a diff—Mt UL-Cum.7'L' Indicate fiflaur ofaitachtj dezument. mirnb=rofpages and d tea Indicate tree cap -in- claimed by the signdr. It' the claimed capacity is a cOTD—,L-- cf-liccl, indicate Thl- bile fi-e. CEO, CF0, S,.,cr=!-, S&zu-elv at,_chthis dc,zujnen[ to the sin.6-&cumert 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.0. 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] Title: [Type Title] E 1 IF R �- n A ,, RNEY IL) 3-2Y6-cy'-p 245911 3 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City') on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising fromAhe performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: W/, 2�-- S1 1-7 1_� 3 Zo oc� Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. !Jill.�• 4 i' 247542-1 City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov ®Vice of the City Clerk Joan L. Flynn, City Clerk May 23, 2013 Excavating Engineers, Inc. 5.256 S. Mission Rd. #703 Bonsall, CA 92003 Re: Lambert Park Slope Repair — CC-1337 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, it L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g3iR6ap2i6mnt j,cogofepsiVom Waitakere, New Zealand °� J < /.! C� c Iry Dept. ID PW 13-016 Page 1 of 2 Meeting Date: 5/6/2013 A404ovC-t 6 _ p "l ReC"eb) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/6/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $238,975 with Excavating Engineers, Inc., for the Lambert Park Slope Repair Project, CC-1337; and, authorize up to twenty percent (20%) in construction chanae orders Statement of Issue: On March 26, 2013, bids were opened for the Lambert Park Slope Repair Project, CC-1337. On April 15, 2013, the City Council continued the award of the construction contract to their May 6, 2013 meeting in order to allow input from the Beautification, Landscape and Tree ("BLT") Committee. To the extent feasible, and with the concurrence of the project's geotechnical engineer, staff will incorporate the BLT's input into the project's scope of work. Accordingly, staff requests that the City Council award the contract to Excavating Engineers, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $350,000 are available in the Capital Projects Fund, Account No. 10040314.82800. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Excavating Engineers, Inc., in the amount of $238,975.00; and, B) Authorize the Mayor Pro Tern and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: A portion of the existing slope within Lambert Park, located at 18321 Newland Street, experienced a surficial slope failure in June 2006. A geotechnical analysis has determined that the proposed method of repair will provide an acceptable factor of safety against a future slope failure due to either static or seismic loading. The project will reconstruct, and geotechnically stabilize approximately 8,000 sq. ft. of the most critical area of the slope and minimize the potential for future slope failure in this area (see Attachment #2). HB -18 1 - Item 6. - I Dept. ID PW 13-016 Page 2 of 2 Meeting Date: 5/6/2013 Currently, the Lambert Park slope area located north of the "switchback" pedestrian access ramp has approximately 35 mature trees of various sizes and species. Of this total, 17 of these trees (primarily Eucalyptus trees) must be removed in order to reconstruct and stabilize the previously failed slope area. Staff understands the residents', Council's, and the BLT's concerns about the removal of these mature trees and has consulted with the project's geotechnical engineer regarding the re -planting of trees within the reconstructed slope area. The primary concern is that the roots of the re -planted trees, along with the introduction of irrigation water, may compromise the proposed geogrid system that was designed to stabilize the previously failed slope. Although the installation of trees and irrigation lines within the reconstructed slope area is not ideal in this particular slope stability situation, the geotechnical engineer has provided staff with recommendations for landscape and irrigation improvements within the reconstructed slope area. The project scope of work generally includes: clearing and grubbing, excavation and grading, slope reconstruction using biaxial geogrid layers and a crushed aggregate base wedge along the toe of slope, removal and construction of a concrete v-gutter, hydroseeding, erosion control, construction survey, and incidental work as required. Bids were opened publicly on March 26, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid EXCAVATING ENGINEERS INC. $238 975.00 $238 975.00 ZUSSER COMPANY INC. $258 120.00 $258 120.00 DD SYSTEMS INC. $271 962.43 $271,959.23 JC BALDWIN CONSTRUCTION $286,995.00 $286 995.00 HEARTLAND GRADING $286,611.00 $289,111.00 IRONCLAD GENERAL ENGINEERING INC. $296,000.00 $296 000.00 SOUTHERN CALIFORNIA GRADING INC. $296 978.00 $296 978.00 GRFCO INC. $297 720.00 $297,720.00 EARTH CONSTRUCTION & MINING 307 164.00 $307 164.00 CREW INC. $341,340.00 15 866 340.00* WESTERN GROUP INC. $259 480.00 $88,371,280.00* *Note: Discrepancies in bid amounts were due to mathematical errors. Given the complexity of the project as related to site constraints and unstable soils, staff is recommending that the Director of Public Works be authorized to expend up to 20% to readily react to any unforeseen conditions. The total project cost, including the construction contract, contingency, supplementals and construction management is estimated at $322,000. The engineer's estimated cost was $342,000. The reference check for Excavating Engineers, Inc. provided acceptable responses from past clients. The prime and subcontractor's licenses are all current and appropriate for the project scope of work. Environmental Status: This project has a Statutory Exemption from CEQA pursuant to Article 18, Section 15269(b)(c). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map 2. Slope Repair Limits Item 6. - 2 HB -182- HB -183- Item 6. - 3 .11 LAMBERT PARK L;�� F��� ;�ii;I I3 PACMRC rMrBOL SA AVEADDEN AVE. PROJECT AREA EDIN ER I-n AVE — �y, aHEILS AVE. g �' TALSE R T AVE PROJECT AREA c� 8 a WARN ER AVEmts �.AMBERT PARK � �, ixAOEwum w i5 CFR w SLA �d $ AVE 405 S W+� CIR at+oHoe Cut IAL 3ERT AVE. / steam I I W \ E S AVE. LIAILM GAR ELD AYE.CWl1E aLe RIVER ' YO KT N �n %n AVE %n 3 135 8 at / S S AVE. as TMTMn to 0 Cut A't1M4QE pHOFwx AVE / ►w / IND US 1 AVE. 3 DR OW\ TLA I AVE re x i \ E L L I S AVE HAMI TON AVE. — OCEAN VICINITY MAP N.T.S. LOCATION MAP N.T.S. ATTACHMENT #2 HB -185- Item 6. - 5 Item 6. - 6 HB -186- Dept. ID PW 13-016 Page 1 of 2 Meeting Date: 4/15/2013 NTI.Ju -/0 Sr/,6 /AD/,3 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $238,975 with Excavating Engineers, Inc., for the Lambert Park Slope Repair Project, CC-1337; and, authorize up to twenty percent (20%) in construction chanae orders Statement of Issue: On March 26, 2013, bids were opened for the Lambert Park Slope Repair Project, CC-1337. Staff requests that the City Council award the contract to Excavating Engineers, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $350,000 are available in the Capital Projects Fund, Account No. 10040314.82800. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Excavating Engineers, Inc., in the amount of $238,975.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: A portion of the existing slope within Lambert Park, located at 18321 Newland Street, experienced a surficial slope failure in June 2006. A geotechnical analysis has determined that the proposed method of repair will provide an acceptable factor of safety against a future slope failure due to either static or seismic loading. The project will reconstruct, and geotechnically stabilize approximately 8,000 sq. ft. of the most critical area of the slope and minimize the potential for future slope failure in this area. The project scope of work generally includes: clearing and grubbing, excavation and grading, slope reconstruction using biaxial geogrid layers and a crushed aggregate base wedge along the toe of HB -121- Item 5. - 1 Dept. ID PW 13-016 Page 2 of 2 Meeting Date: 4/15/2013 slope, removal and construction of a concrete v-gutter, hydroseeding, erosion control, construction survey, and incidental work as required. Bids were opened publicly on March 26, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid EXCAVATING ENGINEERS INC. $238,975.00 $238 975.00 ZUSSER COMPANY INC. $258 120.00 $258,120.00 DD SYSTEMS INC. $271 962.43 $271 959.23 JC BALDWIN CONSTRUCTION $286 995.00 $286,995.00 HEARTLAND GRADING $286,611.00 $289 111.00 IRONCLAD GENERAL ENGINEERING INC. $296,000.00 $296 000.00 SOUTHERN CALIFORNIA GRADING INC. $296,978.00 $296,978.00 GRFCO INC. $297,720.00 $297 720.00 EARTH CONSTRUCTION & MINING $307 164.00 $307 164.00 CREW INC. $341,340.00 $15 866 340.00* WESTERN GROUP INC. $259 480.00 $88,371,280.00* *Note: Discrepancies in bid amounts were due to mathematical errors. Given the complexity of the project as related to site constraints and unstable soils, staff is recommending that the Director of Public Works be authorized to expend up to 20% to readily react to any unforeseen conditions. The total project cost, including the construction contract, contingency, supplementals and construction management is estimated at $322,000. The engineer's estimated cost was $342,000. The reference check for Excavating Engineers, Inc. provided acceptable responses from past clients. The prime and subcontractor's licenses are all current and appropriate for the project scope of work. Environmental Status: This project has a Statutory Exemption from CEQA pursuant to Article 18, Section 15269(b)(c). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map Item 5. - 2 xB -122- ATTACHMENT #1 HB -123- Item 5. - 3 3 .1 LAMBERT PARK SLOPE REPAIR. CC-1337 41 B AVE 61 PROJECT AREA Mc ADDEN AVE. ' � v EDIN ER � � AVE. ,�- """ � ' ""•L HEj rA / ►. 9ERT AVEPROJECT AREA awAR R AVE. cr �ERT PARK �, rnAOExtnu w cm WCAW SLATER 8 AVE 405 / w CR" cm \ PACIFIC� T ERi AVE. / sr�nm W 1 r,5d S AVE. �i imffn I �E7p rye I GARF ELD AVE. UY1DR COME pR / m Yo Kf r�i �ii AVE It3 ' Cm / S � / ADAJ S AVE. U CIR ''WMIA cot AVE PHOQU% / �1 IND US AVE. ice\ � 3 4} OR69 1 TLANTA AVE. AVE HAMI TGN AVE. OCEAN G VICINITY MAP LOCATION MAP N.T.S. N.T.S. CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: March 1, 2013 Project/C.C. No.: C.C. No. 1337 Regarding: Lambert Park Slope Repair ® We are sending you: ❑ By Mail ❑ By Fax Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies Pages I Description 1 1 1 Notice Inviting Sealed Bids for Lambert Park Slope Repair, CC- 1337 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on September 17, 2012), the City Council authorized the advertisement of the above listed street improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 3/7/13, 3/14/13 & 3/21/13. The bid opening is scheduled for Tuesday, March 26, 2013. Please contact me at 374-5380 with any questions you may have regarding this. Thank you. By c: file Jonathan Claudio, Senior Civil Engineer GACONSTRUCTION CONTRACTS (CCS)\CC1337 LAMBERT PARK SLOPE REINFORCEMENT\ADVERTISEMENT\NISB TRANSMITAL TO CLERK-CC-1337.DOC V7 1 ,3/1 Vh2 312V1;,3 NOTICE INVITING SEALED BIDS for LAMBERT PARK SLOPE REPAIR, CC-1337 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on March 26, 2013, at which time bids will be opened publicly and read aloud in the Council Chambers for the LAMBERT PARK SLOPE REPAIR, CC-1337 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting March 7, 2013 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $20.00, sales tax included, if picked up or $40.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 17Lh day of September 2012, by Resolution No. 2012-65. /s/ Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Notice Inviting Sealed Bids -City Clerk CC-1337 6. _ Printed by: 0602 Patricia Gamino Mar 4, 2013, 9A8 am Phone: - Ad B 35413511 Ad Copy: Kna 11 ww SEALED NDS for LAMBERT PARK SLOPE REPAIR, CC•1337 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on March 26, 2013, at which time bids will be opened publicly and read aloud in the Council Chambers for the LAMBERT PARK SLOPE REPAIR, CC-1337 in the City of Huntington Beach. A set of plans, specifi- cations, and contract documents may be obtained starting March 7, 2013 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $20.00, sales tax included, if picked up or $40.00 if mailed (bidder shall pay additional costs for special deliv- ery). Each bid shalt be made on the Proposal form provided in the contract documents, and shall be accompanied by a cer- tified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the ex- ception only of such variations that may be --- ad proof pg. 1 --- required under the special statutes pursu- ant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code- Preference to labor shall be given only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, Cali- fornia the 17th day of September 2012, by Resolution No. 2012-65. /s/ Joan L. Flynn �y er o e �yo Huntington Beach 2000 Main Street. (714)536-5431 Published H.B. Inde- penedent3/7,14,21, 2013 ad proof pg. 2 --- -3 12-Z-1,26 43 O�3� , [ , h -� CITY OF HUNTINGTON BEACH ✓', I LAMBERT PARR SLOPE REPAIR C.C. NO. 1337 BID OPENING DATE: March 26, 2013 TIME: 2:00 P.M. ENGINEER'S ESTIMATE: $311,000 BIDS SUBMITTED (AS READ AT OPENING) a¢ Bibb ER'S NAW9E � , APPARENNT " 62AidK; APPARENT BID APEOUidT � ARAMEXX CONSTRUCTION CAL FRAN ENGINEERING CLARKE CONTRACTING CORP. CREW INC. �� •.� DD SYSTEMS, INC. DIVERSIFIED LANDSCAPE MANAGEMENT, INC. EARTH CONSTRUCTION & MINING EXCAVATING ENGINEERS, INC. EXCEL PAVING COMPANY GCI CONSTRUCTION, INC. GECKO GOLF CONSTRUCTION, INC. GRFCO, INC. C� �t� HEARTLAND GRADING IRONCLAD GENERAL ENGINEERING, INC.- IC BALDWIN CONSTRUCTIONf MCKENNA POST EARTHWORKS CONSTRUCTION SOUTHERN CALIFORNIA GRADING INC. cc7 SUMMER CONSTRUCTION, INC. s TED ENTERPRISES, INC. UNIQUE PERFORMANCE CONSTRUCTION, INC. WCCR CONSTRUCTION WESTERN GROUP, INC. Y & M CONSTRUCTION ZUSSER COMPANY, INC. �\ lie" Bid Results CC-1337.xls F STATE OF CALIFORNIA) 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 interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT,. which, was adjudged a newspaper of, general circulation on September 29, 1961, case A6214, and June 11,. 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed 'and published on the following date(s): Thursday, March 7, 2013 Thursday, March 14, 2013 Thursday, March 21, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 27, 2013 at Los Angeles, California L�d _� Signature NOTIa INVITING SEALED BIDS for LAMBERT PARK SLOPE REPAIR, (C-1337. Notice is hereby given that sealed bids will be received by the 'City of Huntington Beach at the ,office ,of the City Clerk at City, Hall, 2000 Main Street, Huntington 'Beach, CA 92648, until the hour of 2:00 PM on ,March 26, 2013," at which time bids will be ,opened publicly and read' aloud, inthe Coun- cil Chambers for the. LAMBERT PARK SLOPE ,REPAIR, CC-1337 in the ,City of Huntington BBeach. �A set of plans, specifications, and con- tract documents .may be obtained starting March 7, 2013 at City Hall, Department of 'Public Works upon receipt of a non-refundable fee, of i$20.00, sales tax in- ,cluded, if picked up or 1$40.00 if mailed '(bid- der shall pay additional ,costs for specia)_de4iv- ery) iEach bid shall be made, on the Proposal Form .provided in the contract 'documents, and shall be accompanied by a'certi-. tied or cashier's' check or a bid bond for not less than.10%a of the amount of the bid, made payable to the City of ,Huntington Beach. The ,Contractor shall, in the performance of the work and improvements, 'conform to the Labor, Codeof the State of 'California and other 'Laws of the State of ;California applicable thereto, with the excep- tion only of such'*vari- ,ations, that may be re- quired under the special statutes pursuant to which proceedings here- under are -taken and which have not been superseded by the pro- visions .of .the Labor, Code. Preference to la_, bor shall be given only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by ,the City of Huntington Beach, Department. of Public Works, and is made in accordance - ;with the, provisions of the proposal 'requirements. Each bidder must be jlicensed' and also prequalified as required by law. The City Council of ,the ,City of Huntington Beach reserves the right to reject any or all bids. i By order of the City .Council of the 'City of Huntington Beach, Cali. fornia the 17th day of. 'September',2012, by 'Resolution No. 2012-65. ' /s/ Joan,L.,Flynn fty, Clerk of the Citypt Huntington Beach 2000 Main Street. (714)536-5431 Published H.B. Indepenedent 3/7, 14, 21, 2013 April 15, 2013 Honorable Mayor and City Councilmembers City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Lambert Park Slope Repair CC-1337 Consent Calendar Agenda Item #5 — 4/15/13 City Council Meeting Dear Honorable Mayor and City Councilmembers, We were terribly saddened to learn that the Lambert Park Slope Repair Project CC-1337 on tonight's City Council agenda consent calendar includes cutting down a large number of the historic eucalyptus trees on the slope. Originally when I asked about the scope of work, I was told it would just be to build up the slope and residents would not even notice a difference. Now we're told that a large part of this wonderful grove of huge, decades -old trees will be destroyed. Newland Street was cut through around 1976, but prior to then Newland Street ended at the trees. These trees were a part of the huge eucalyptus grove that went all the way from the historic Dobkins ranch site on the Huntington Beach Mesa (now Lambert Park and Springhurst Townhomes) down to Courreges Park in Fountain Valley. These wonderful old trees are a living part of the historic Huntington Beach Mesa, Indian burial grounds and the Dobkins historical site. We hope they can be preserved. Please pull Consent Calendar Item #5 for discussion and please amend the recommended action on the construction contract to include saving the beautiful and historical eucalyptus trees on the Lambert Park Slope. Thank you for your consideration. Sincerely, Rebecca Ross The Ross Family Springhurst Townhome 37-year residents SUPPLEMENTAL COMMUNICATION CITY OF HUNTINGTON BEACH PROJECT: LAMBERT PARK SLOPE REPAIR C.C. No. 1337 BIID OPENING DATE: March 26, 2013 TIME: 2:00 P.M. ENGINEER'S ESTIMATE: $311,000 FINAL RESULTS BIDDER 5 NAME w FINAL APPAREN`BID AMOUNT VERIFIED BID`AMOUNTj �� CORRECTED DIFFERENCE EXCAVATING ENGINEERS, INC. 1 $ 238,975.00 $ 238,975.00 $ ZUSSER COMPANY, INC. 2 $ 258,120.00 $ 258,120.00 $ DD SYSTEMS, INC. 3 $ 271,962.43 $ 271,959.23 $ (3.20) JC BALDWIN CONSTRUCTION 4 $ 286,995.00 $ 286,995.00 $ - HEARTLAND GRADING 5 $ 286,611.00 $ 289,111.00 $ 2,500.00 IRONCLAD GENERAL ENGINEERING, INC. 6 $ 296,000.00 $ 296,000.00 $ - SOUTHERN CALIFORNIA GRADING, INC. 7 $ 296,978.00 $ 296,978.00 $ GRFCO, INC. 8 $ 297,720.00 $ 297,720.00 $ EARTH CONSTRUCTION & MINING 9 $ 307,164.00 $ 307,164.00 $ CREW INC. 10 $ 341,340.00 $ 15,866,340.00 $ 15,525,000.00 WESTERN GROUP, INC. it $ 259,480.00 $ 88,371,280.00 $ 88,111,800.00 Bid Results CC-1337.xis CITY OF IIUNTINGTON BEACH PROJECT: LAMBERT PARK SLOPE REPAIR C.C. No. 1337 BID OPENING DATE: March 26, 2013 TIME: 2:00 P.M. ENGINEER'S ESTIMATE: $311,000 BIDS VERIFIED BIDDER S NAME FIBIAL �a �s 1 RAiVK iiAPPARENTZID AMOUNT VERIFIED BID AMOUiVTx dii�tll� CORRECTED DIFFERENCE ' ARAMEXX CONSTRUCTION $ $ CAL FRAN ENGINEERING $ $ CLARKE CONTRACTING CORP. $ $ CREW INC. 10 $ 341,340.00 $ 15,866,340.00 $ 15,525,000.00 DO SYSTEMS, INC. 3 $ 271,962.43 $ 271,959.23 $ (3.20) DIVERSIFIED LANDSCAPE MANAGEMENT, INC. $ — $ EARTH CONSTRUCTION & MINING 9 $ 307,164.00 $ 307,164.00 $ EXCAVATING ENGINEERS, INC. 1 $ 238,975.00 $ 238,975.00 $ — EXCEL PAVING COMPANY $ — $ — GCI CONSTRUCTION, INC. $ $ — GECKO GOLF CONSTRUCTION, INC. $ — $ — GRFCO, INC. 8 $ 297,720.00 $ 297,720.00 $ — HEARTLAND GRADING 5 $ 286,611.00 $ 289,111.00 $ 2,500.00 IRONCLAD GENERAL ENGINEERING, INC. 6 $ 296,000.00 $ 296,000.00 $ — )C BALDWIN CONSTRUCTION 4 $ 286,995.00 $ 286,995.00 $ McKENNA $ — $ POST EARTHWORKS CONSTRUCTION $ — $ SOUTHERN CALIFORNIA GRADING, INC. 7 $ 296,978.00 $ 296,978.00 $ SUMMER CONSTRUCTION, INC, $ — $ TED ENTERPRISES, INC. $ $ UNIQUE PERFORMANCE CONSTRUCTION, INC. $ $ WCCR CONSTRUCTION $ — $ — WESTERN GROUP, INC. 11 $ 259,480.00 $ 88,371,280.00 $ 88,111,800.00 Y & M CONSTRUCTION $ — $ ZUSSER COMPANY, INC. 2 $ 258,120.00 $ 258,120.00 $ Bid Results CC-1337.xls CITY OF HUNTINGTON BEACH LAMBERT PARK SLOPE REPAIR C.C. No. 1337 BID OPENING DATE: Marcia 26, 2013 TIME: 2:00 P.M. ENGINEER'S ESTIMATE: $311,000 BIDS SUBMITTED (AS READ AT OPENING) " BSDDER S INAME ; „, n G i ARPAREINT' IN RAK PPAREiNT BID APgOUiNT p' i, ARAMEXX CONSTRUCTION CAL FRAN ENGINEERING CLARKE CONTRACTING CORP. CREW INC. 11 $341,340.00 DD SYSTEMS, INC. 4 $271,962.43 DIVERSIFIED LANDSCAPE MANAGEMENT, INC. EARTH CONSTRUCTION & MINING 10 $307,164.00 EXCAVATING ENGINEERS, INC. 1 $238,975.00 EXCEL PAVING COMPANY GCI CONSTRUCTION, INC. GECKO GOLF CONSTRUCTION, INC. GRFCO, INC. 9 $297,720.00 HEARTLAND GRADING 5 $286,611.00 IRONCLAD GENERAL ENGINEERING, INC. 7 $296,000.00 IC BALDWIN CONSTRUCTION 6 $286,995.00 McKENNA POST EARTHWORKS CONSTRUCTION SOUTHERN CALIFORNIA GRADING, INC. 8 $296,978.00 SUMMER CONSTRUCTION, INC. TED ENTERPRISES, INC. UNIQUE PERFORMANCE CONSTRUCTION, INC. WCCR CONSTRUCTION WESTERN GROUP, INC. 3 $259,480.00 Y & M CONSTRUCTION ZUSSER COMPANY, INC. 2 $258,120.00 Bid Results CC-1337.xis City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 FOB Huntington Beach, CA 92648 BID SUMMARY R 6r.n. e .. ......... .. ..... iV ...... .... .. . .. . ... .. .... i:id SCtptlirtI . . ontra U 1 Mobilization L -2 Construction Survey 1 L 3 Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) 1 L 4- Furnish Project Traffic/Pedestrian Control 1 L 5 Clearing and Grubbing (incl. all Tree/Vegetation Removal) 1 U 6 Unclassified Excavation 1280 G 7 Engineered Fill Soil per Plans, Section 300-4 and Appendix X of Specifications) 1660 C, 8 Install Mirafi 1120N Geofabric 350 S, -9 Install Biaxial Geogrid BX1 200 (Type S2 or equal) 15120 Sl 10 Install Geojute Natural Erosion Control Fabric (per Plans and Appendix 11 of Specifications) 900 S, 11 - Construct Crushed Aggregate Bas., Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) 610 Tr 12 Remove and Replace Existing V-Gutter 55 Ll 13 Replace Damaged Portion of Existing Irrigation System 1 U 14 Survey Monumentation 2 F) 15 Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) 8000 S1 16 Install Erosion Control BIVIP's 1 17 0 0 18 0 0 19 0 0 20 0 0 21 0 22 0 0 23 0 0 24 0 0 25 0 0 - TotaTBid. Project Name: Lambert Park Slope Repair Bid Openning: March 26, 2013 @ 2:00pm Engineer's Estimate: $310,942.50 Cash Contract # : CC-1337 Excavating Engineers, Inc. Bidder 1 Zusser Company, Inc. Bidder 2 0 nil:ff ... ...... P: Amount Western Group, Inc. Bidder 3 .. Amount DID Systems Inc. Bidder 4 Unit P400-:: mount A $40,000.00 $40,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $27,701-93 $27,701.93 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $8,558.00 $8,558.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $1,320.00 $1,320.00 $15,500.00 $15,500.00 $15,000.00 $15,000.00 $8,000.00 $8,000.00 $5,962.00 $5,962.00 >, $24,000,00 $24,000.00 $32,000.00 $32,000.00 $12,000.00 $12,000.00 $25,080.00 $25,080.00 S40.00 $51,200.00 $30.00 $38,400.00 $30,000.00 $38,400,000.00 $37.40 $47,872.00 $24.00 $39,840.00 S35M $58,100.00 $30,000.00 $49,800,000.00 $43.52 $72,246.52 $5.50 $1,925.00 $7.00 $2,450.00 S20.00 $7,000.00 $50.96 $17,836.35 $0.50 $7,560.00 $1.00 $15,120.00 S4.00 $60,480.00 $0.89 $13,396.32 -54.50 $4,050.00 $6.00 $5,400.00 $10.00 $9,000.00 $5.11 $4,598.10 $41.00 $25,010.00 $60.00 $36,600.00 S50.00 $30,500.00 $31.34 $19,118.01 $60.00. $3,300.00 $110.00 $6,050.00 S60M $5,000.00 $3,300.00 $5,000.00 $86.40 $8,624.00 $4,752.00 $8,624.00 $5,750.00 $5,750.00 $10,000.00 $10,000.00 $750.00 $1,500.00 $2,000.00 $4,000.00 $2,500.00 $5,000.00 $2,02400T $4,04800 $0.23 $1,840.00 $0.50 $4,000.00 $0.50 $4,000.00 $0.78 $6,248.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 $4,598.00 $4,598.00 $0.00 $0.00 $0.00 - $0.00 $0.00 $0.00 So 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 --woo -1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0-02J$o.00 $0.00 $0.00 so on $0.00 $0.00 offlM $238,975.00 ggW&%g�%= $258,120.00 JERR�= $88,371,280.00�� $271,9591:231 Page 1 City of Huntington Beach Project Name: Lambert Park Slope Repair Public Works Department Bid Openning: March 26, 2013 @ 2:00pm gineers Estimate: $310,942.50 2000 Main Street, P.O. Box 190 En' mHuntington Beach, CA 92648 Cash Contract #: CC-1 337 BID SUMMARY Heartland Grading JC Baldwin Construction Co. Ironclad General Engr., Inc. Southern California Grading Bidder 5 Bidder 6 Bidder 7 Bidder 8 Contract :-�Unit... . ..... Am.6 Orit %0 100uh Rri Amount: Q anxty� ::;-Uhit Trii* ::AMO n Ce- N ILI t:: ce- A t J. 1 Mobilization 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Construction Survey 1 LS $5,325.00 $5,325.00 $2,750.00 $2,750.00 $6,500.00 $6,500.00 $5,750.00 $5,750.00 -2 3 Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 4 Furnish Project Traffic/Pedestrian Control 1 LS $65,000.00 $65,000.00 $8,500-00 $8,500.00 $20,000.00 $20,000.00 $47,500-00 $47,500.00 5 Clearing and Grubbing (incl. all Tree/Vegetation Removal) 1 LS $21,400.00 $21,400.00 $22,000.00 $22,0M00 $42,756.20 $42,75620 $1 '595.00 $17,595.00 6 Unclassified Excavation 1280 CY S32.75 $41,920.00 S40.00 $51,200.00 $18.45 $23,616.00 - $42.60 $54,528.00 7 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) 0 1660 r350 CY S36-80 $61,088.00 S60.00 $99,600.00 $60.52 $100,463.20 S24.20 $40,172.00 8 Install Mirafi 1120N Geofabric 50 SY $9.96 $3,486.00 S10,00 $3,500.00 S19.37 $6,779.50 S12.00 $4,200.00 9 Install Biaxial Geogrid BX1200 (Type S2 or equal) 15120 SF S0.85 $12,852.00 SiM $15,120.00 $1.22 $18,446.40 $0.90 $13,608.00 10 Install Geojute Natural Erosion Control Fabric (per Plans and Appendix 11 of Specifications) 900 SY S4.50 $4,050.00 S4.00 $3,600.00 $4.76 $4,284.00 S7.95 $7,155.00 11 Construct Crushed Aggregate Base Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) 610 TN S35.50 $21,655.00 $65.00 $39,650.00 S54.33 $33,141.30 S94.00 $57,340.00 12 Remove and Replace Existing V-Gutter 55 LF S87.00 $4,785.00 S65.00 $3,575.00 S90.68 $4,987.40 $115.00 $6,325.00 13 Replace Damaged Portion of Existing Irrigation System 1 LS $7,250-00 $7,250.00 $4,500.00 $4,500.00 $8,500-00 $8,500.00 $5,750.00 $5,750.00 14 Survey Monumentation 2 EA $2,500.00 $5,000.00 $3,750.00 $7,500.00 S700.00 $1,400.00 $2,587.50 $5,175.00 15 Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) 8000 SF S0.25 $2,000.00 $1 .00 $8,000.00 $0.35 $2,800.00 $0.36 $2,880.00 16 Install Erosion Control BMP's 1 LS $22,300.00 $22,300.00 $6,500.00 $6,500.00 $11,326.00 $11,326.00 $18,000.00 $18,000.00 17 0 0 0 SO.00 $0.00 SO.00 $0.00 SOM $0.00 SMO $0.00 18 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19 0 0 0 10 SO.00 $0.00 $0.00 $0.00 SO.00 $0.00 SO.00 $0.00 20 0 0 SO.00 $0.00 $0.00 $0.00 SO.00 $0.00 S0.00 $0.00 21 0 0 0 SO.00 $0.00 $0.00 $O.DO $0.00 $0.00 woo WOO 22 0 0 0- $0.00 $0.00 SOM $0.00 $0.00 $0.00 $0.00 $0.00 23 0 0 0 SO.00 $0.00 SO.00 $0.00 SOM $0.00 SO.00 $0.00 24 0 0 0 S0.00 $0.00 S0.00 $0.00 S0.00 $0.0 S0.00 $0.00 25 0 0 0 $0.00 $0 of) $0-00 $0.00 -$0.00 $0.0011 $0.00 $0.00 Total Bid: 09= $289,111 M JMgggM $286,995.00 JMgRM $296,000.00 MP§§M $296,978.00 Page 2 Ha!g. Ma City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY ...... ...... ....... i��: . . . .... ..... . ... .. .... .. .. .... .. ... . ... ... WOW] t . t lCon rac ... Quantity:.,.: ... 1 Mobilization 1 _U1111 UE 2 Construction Survey 1 UE 3 Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) 1 UE 4 Furnish Project Traffic/Pedestrian Control 1 UE Clearing and Grubbing (incl. all Tree/Vegetation Removal) 1 UE -5 6 Unclassified Excavation 1280 C) 7 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) 1660 C) 8 Install Mirafi 1120N Geofabric 350 S) 9 Install Biaxial Geogrid BX1200 (Type S2 or equal) 15120 SF 10 Install Geojute Natural Erosion Control Fabric (per Plans and Appendix 11 of Specifications) 900 S) 11 Construct Crushed Aggregate Base Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) 610 TIN 12 Remove and Replace Existing V-Gutter 55 LF 13 Replace Damaged Portion of Existing Irrigation System 1 14 Survey Monumentation 2 EP 15 Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) 8000 SF 16 Install Erosion Control BMP's 1 17 0 0 18 0 0 19 0 0 20 0 0 21 0 0 22 0 0 23 0 0 24 0 0 25 0 0 Total Bid: Project Name: Lambert Park Slope Repair Bid Openning: March 26, 2013 @ 2:00prn Engineer's Estimate: $310,942.50 Cash Contract # : CC-1337 GRFCO, Inc. Bidder 9 Unit:..... Un ...... Plit A M o 0* "t Earth Construction & Mining Bidder 10 .. ... .:Amount:::.: Crew, Inc. Bidder 11 ... . ... �.Pni A rro , 0 * h t:::: Company 12 ............ Bidder 12 .. ............ . . ....... :Unit . .......... P1 int..... $25,000.00 $25,000.00 $10,000-00 $10,000.00 $10,000.00 $10,000.00 $0.00 $0.00 $5,000,00 $5,000.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 KOO $0.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $15,000.00 $15,000.00 $0.00 $0.00 $1,000.00 $1,000.00 $13,500.00 $13,500.00 $5,000.00 $5,000.00 $0.00 $0.00 $190,000.00 $190,000.00 $68,500.00 $68,500.00 $50,000.00 $50,000.00 $0.00 $0.00 $10.00 $12,800.00 $41.00 $52,480.00 $45.00 $57,600.00 $0.00 $0.00 $5.00 $8,300.00 S26-00 $43,160.00 S40.00 $66,400.00 $0.00 $0.00 $5.00 $1,750.00 $11.00 $3,850.00 $20.00 $7,000.00 $0.00 $0.00 $1.00 $15,120.00 $0.70 $10,584.00 $2.00 $30,240.00 $0.00 $0.00 $3.00 $2,700.00 $6.00 $5,400.00 S19.00 $17,100.00 $0-00 $0.00 $40.00 $24,400.00 $120.00 $73,200.00 $50.00 $30,500.00 $0.00 $0.00 $30.00 $1,650.00 $11 0.00 $6,050.00 $10,000.00 $550,000.00 $0.00 $0.00 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $0.00 $0.00 $500.00 $1,000.00 $200.00 $400.00 $5,000.00 $10,000.00 $0.00 $0.00 $0.25 $2,000.00 $0.23 $1,840.00 $1,875.00 $15,000,000.00 $0.00 $0.00 $1,000.00 $1,000.00 $4,700.00 $4,700.00 $7,500.00 $7,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 SO.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 moo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 F- so.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 L- $0.00 $0.00 woo $0.00, M= $297,720.00M§gffiM - -$307,164.00 IMEM $15,866,340.00 lffl= - $0.00 ] Page 3 SUCCESSFUL BIDS CC-1337 Lambert Park Slope Repair 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 June 11, 2013 Ace CD, Inc. 1199 Englewild Dr. Glendora, CA 91741 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand 6 4,e d,9 rO , CA 2�1� g5a1,2.3 �Rt�D F3�P CLALAPto 3 f26Ic a 99, 13S-7 kung,,j jd, tge c�, cry gtd,�tA 2013 TG,'�, i 14= w2 /._ / is ,z SECTION C PROPOSAL, for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: iny'-Ql fBN�g ire w�'S CC No. 1337 C-2.1 $;71^96zw43 f PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item : stimate :::... xten ed . No. uanfif..:::. Q Y Bid Item,©escription Unit :Price... .:Amoant... 1 1 Mobilization LS r 2 1 Construction Survey LS 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req'd) 2 4 1 Furnish Project Traffic/Pedestrian Control LS 5 1 Clearing and Grubbing (incl. all Tree/Vegetation Removal) LS 5Rogo- 6 1280 Unclassified Excavation CY W71971' 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X CY of Specifications) 522 8 350 Install Mirafi 1120N Geofabric SY 9 15120 Install Biaxial Geogrid BX1200 (Type S2 or equal) SF 10 900 Install Geojute Natural Erosion Control Fabric (per Plans and SY Appendix II of Specifications) $ (� OQ C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item stimate .... > ......:.::: .. Bid Item Description: Extended:. No. Quantity : . . . Unit Price Amount 11 610 Construct Crushed Aggregate Base Wedge (t Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ 1. 34V $ ,e 12 55 Remove and Replace Existing V-Gutter LF $�� $ 13 1 Replace Damaged Portion of Existing Irrigation System LS $ $ 14 2 Survey Monumentation EA $ ozy "' $ 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ 0 '181 $ 16 1 Install Erosion Control BMP's LS $ $ 5 Total Amount Bid in Figures: $ 6.1 , q/ Total Amount Bid in Words: !to%k4dti._7.®uS 51,X d anat of &- Age Coal- C-2.3 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. Portion of Work Name and Address of Subcontractor State License Number Class ► u'y 132-1 8�1 A KG l 'kV'_ By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange bL , being first duly sworn, deposes and says that he or she is Anes,Lc eof AC060 me- 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-cr- Cy lnc Name of Bidder Signatureof Bidder (I qqF," W,&C-� K d� c,4 Address or Bidder Subscribed and sworn to before me thisoZ517 day of MOfCk, 2013 . K. SHAk7Hn. COMM.# 1890181 to N • NOTARY PUBLIC •CALIFO RNIA N LOS ANGELES COUNTYPA MY COMM. EXP. DUNE 14, 2014 NOTARY PUBLIC K • SI\ �NJr '�,.�►�c. NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (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: 31.2� L13 c-s Do 5YSLAW1 INGcI r, ACE CD 1Nc. Contractor By rre 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 Z No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: V-2 ill 3 C-7 DD S&MAus /NC. An ACE Ci) INC, Contractor �gQ fill By Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DD SWIMS IKC, Am AM Ch INC. Bidder Name 119j ggGGf-gto,LD Business Address GLF-W -A cry 91741 City, State Zip ( 1-4 ) 952 61,2 57 Telephone Number 847907 A, B State Contractor's License No. and Class /0 /3/04 Original Date Issued 10131 /,20, Expiration Date The work site was inspected by erh#t✓ halker of our office on 3XZ 3 1Z , 20/3 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. DD 5WP15 /1/c- AA- ACFE Co 1plc. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this) S day of M a yt K , 20$ K. SHAH � Cow # 189018, 0 N NO ARY PUBLIC -CALIF LOS ANGELES COUNOTY RNtA "' MY Comm. Exp. JUNE 14, 2014"4 NOTARY PUBLIC ,s1,,` r N 1) r•11T NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. f' rf•, dry. eA 17np Name and Address of Public Agency Name and Telephone No. of Project Manager: Mi'K9 K1 M 211 572 0/99 Fmx : WkWre.Q (.aV%YoK PArX J% 44.3, 4/12 7�ub G G �eArr' ber, e l2 Contract Amount Type of Work Date Completed SycaM®rc cennrBn par-r- 1'cb4s c1'-f d n►`e+iln ,#W %dear 21R10 noAF&I b,r A1f7PN1/IhLiQear C 9/76s Name and Address of Public Agency Name and Telephone No. of Project Manager: �6b RdSa r/O% OP39 Vl/ '$ 342 p6,0 ?ear K Trrtf Aonte A9 /2 Contract Amount Type of Work Date Completed C.-ly W #y'1 ' 41eh 14,14Ai Name and Address of Public Agency Name and Telephone No. of Project Manager: 6 tkdth _ uiQK{-t#er (j� 7/y+53L 5 yp31 I 51 44 n' 'J0 U Contract Amount Type off W�� Date Completed C-10 BONDS ONFAND INSURANCE Bid Bond (Public Work) Premium: N/A Contractors Bonding and Insurance Company 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 For the CBIC branch nearest you, call Toll Free (888)283-2242 (888) 293-2242 FAX Know all by these presents, That we, DID Systems Inc DBA Ace CD Inc , as Principal, and Contractors Bonding and Insurance Company,as Surety, are held and firmly bound unto The City of Huntington Beach _ _ _ Ten Percent of the Bid Amount Obligee, in the sum of Dollars, ($ 10% of the Bid - ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, firmly by these presents. Whereas, Principal has submitted or is about to submit a bid to the Obligee on a contract for CC-1337; Lambert Park Slope Repair ("Project"). Now, Therefore, the condition of this bond is that if obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise the Principal and Surety will pay to the Obligee the difference between the amout of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person or entity to perform the work covered by the Principal's bid, but in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. Signed and sealed this 21 day of March 2013 -_(Sear DID Systems Inc DBA Ace CD Inc Principa! Contractors Bondin surance Company By` -A- - ---- -- �.. ---- .. Nathan Varnold Attorney-inFact BndBID.01-US032905 State of California County of Orange On 03/21 /2013 Date before me, A. Wilkison, Notary Public , Here Insert Name and Title of the Officer personally appeared Nathan Varnold Name(s) of Signer(s) A. WILKiSON Commission # 1866283 a "--aa it Notary Public - California z z % Orange County n My Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) isle subscribed to the within instrument and acknowledged to me that he/she/th'@�y executed the same in his/h✓o.>z . r authorized capacity' a), and that by his/ham;/1,.^iw signatures, on the instrument the person(s;, or the entity upon behalf of which the person(s' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature L4q • (-xwnoe --�--� Signature of NotaryPublic 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 — L] Limited ❑ General +Fs Attorney in Fact Top of thumb here :1 Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General 71 Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing 'FR III Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www,NatlonalNotaryorg'Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ChAM i Contractors Bonding and Insurance Company 3101 Western Ave., Suite 300 Seattle, WA 98121 an NL! Company Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Willliam Svrkin, Sergio D. Bechara, Rebecca Haas -Bates Nathan Varnold jointly or severally in the City of Irvine , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers 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 Corporation. 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 or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 29th day of January , 2013 NG AND 1AFq, i 00• •••• ••99 ''�: o-.. GOAPOggr O f1 SEAL z. ' ? State of Washington °� 1979 County of King SS '0,,„�48H la�sO",,.` On this 29th day of January 2013 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. uller Notary Public Contractors Bonding and Insurance Company Roy C. Die / )v a Pr.sident CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution 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 th sal of the Coiltritctors Bonding and Insurance Company this Z, day Contractors Bonding and Insurance Company Notary Public State of Washington Roy C. Die Vice President JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2016 0475199032912 A0059511 City ®f Huntington Beach 2000 Main Street * Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clem Joan L. Flynn, City Clerk June 11, 2013 Crew, Inc. 19618 S. Susana Rd. Rancho Dominguez, CA 90221-5716 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Jiro() �o Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand t: �p� STY '�.,�,Q�' �`ST'�i'�G�'P'``S'y, �k G�`�' "`�'T �` G�•�'- li l1,•1 f'� �^ 11 , s� C�3 ir,r';�, �u fir; l�• 1.6 y 4, SpaS J. /d - MAI-L EE J^ From: k Crew, Inc, Grading & Excavating 19618 S. Susana Road Rancho Dominguez, California 90221-5716 (' 1 To: t �3Z i Newla7p� c�'f-I�� CC No. �337 15�gg6� 340.00 ca R�c1�D e>�o ,J_C.Ld.ND�o 3 (26�c4 SECTION C PROPOSAL, for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No.1337 in the CITY OF HUNTINGTON BE, 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 seventy (70) worldng days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, 'royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find bidder's bond in the amount of $ 10% of bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-2 SECTION C 11 . ;1 . 1. CC No.1337 PROJECT BIOD: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: $ 341,340 Three hundred forty one thousand, three hundred forty dollars. C-2.1 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 .......... ;:;:;:;:;:;:;:;:;:;:;:;:;{:;:;:;:}}}}:...,{.}_..........•..•..•.....:.•.•::.,.. :.::.•:..•.•.::.•.•.•...:•:•:... ..,IlE#:jl'LIC�::::.•:.•,•lIllO[EIIt ....... •: ::•: 1 I LS Mobilization $ 10.000 $.10,000 2 1 LS Construction Survey $ 5,000 $ . 5.000 3 1 LS Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) $ 15,000 $ 15,000 4 l LS Furnish Project Traffic/Pedestrian Control $ 5,000� $ 5,000 5 1 LS Clearing and Grubbing (incl. all TreeNegetation Removal) $ 50,000 $ 50.000 6 1280 CY Unclassified Excavation $ 45 $ 57,600 7 1660 CY Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) $ 40 $ 66,400 8 350 SY Install Mirafi 1 I20N Gcofabric $ 20 $ 7,000 9 15120 SF Install Biaxial Geogrid BX 1200 (Type S2 or equal) $ 2 $ 30.240 1.0 900 SY Install Geajute Nntural Erosion Control Fabric (per Plans and Appendix 11 of Specifications) $ 19 $ 17,100 C-2,2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 tem �t:�mstte B,:•. . ►d ife Uescri fioiu » ' =< ':g#OA :No: iiiiu i t ... : ITniit Pri'e': 11 610 Construct Crushed Aggregate Base Wedge (n Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ 50 $ 30,500 12 55 Remove and Replace Existing V-Gutter LF $ 10,000 $ 10,000 13 1 Replace Damaged Portion of Existing irrigation System LS $ 5,000 $ 5,000 14 2 Survey Monumentation EA $ 5,000 $ 10,000 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ 1,875 $ 15,000 16 I Install Erosion Control BMP's LS S 7,500 $ 7.500 Total Amount Bid in Figures: $ 341,340 _...___Total Amount Bid in Words: Three hundred forty one thousand, three hundred forty. 10&A] MST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform wort: or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class !Lf Work .Number By submission of this proposal, the Bidder certifies: 1. That lie is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 State of California ss. County of Orange Darrin A. Lalonde , being first duly sworn, deposes and says that he *re is Vice President I Secretary of Crew 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. Crew Inc. Name of Bidder 2A El Signature of Bidder - Darrin A. Lalonde 19618 S. Susana Rd. Rancho Dominguez, CA 90221 Address of Bidder Subscribed and sworn to before me this 26th day of March 22013 NOTARY PUBLIC C-4 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (I)(�_ )(Ft) 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 )•eason of experience or instruction, is familiar »pith 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: 3/26/13 C-5 Crew Inc. Co tractor N, I By Dar in A. Lalonde Vice President / Secretary Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONN Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against IiabiIity 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: 3/26/13 C-7 Crew Inc. Contractor I ()70L By arrin . Lalonde Vice President / Secretary Title BIDDER certifies that the following information is true and correct: Crew Inc. Bidder Narne 19618 S. Susana Rd. Business Address Rancho Dominguez CA 90221 City, State Zip 310 ) 608-6860 Telephone Number #696291 Class A C12 C21 C31 State Contractor's License No. and Class 2/3/94 Original Date Issued 9/30/14 Expiration Date The work site was inspected by _ Darrin A. Lalonde of our office on March 25th , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: David M. Lalonde 50% ownership Darrin A. Lalonde 50% ownership C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or othenvise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Darrin A. Lalonde Printed or Typed Signature Subscribed and sworn to before me this 26th day of March 22013 . NOTARY COWAlls" ! IIHM o L" Afton cNe 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 • Lake Forest Sports Park, City of Lake Forest Name and Address of Public Agency Name and Telephone No. of Project Manager: David M. Lalonde, 310-608-6860 $1,893,539.40 Grading 2012-2013 Contract Amount Type of Work Date Completed 2. UCR Glen Mar Apartments, University of California, Riverside Name and Address of Public Agency Name and Telephone No. of Project Manager: Edward Ridgway, 661-675-7829 $1,935,230 Grading 2012 Contract Amount Type of Work Date Completed 3. Coast College Newport Beach, Coas Community College District Name and Address of Public Agency Name and Telephone No. of Project Manager: Miles Doig, 949-212-7759 $442,082 Gradin 2012 Contract Amount Type of Work Date Completed C-10 Document A31OTM-2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Naine, legal slalrrs and addre-t) Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 OWNER: (Name, legal slalrrs and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BOND AMOUNT: $ 10% SURETY: (,Vkane, legal slalrrs and principal place e f hrcviness) The Hanover Insurance Company 10509 Vista Sorrento Parkway, Suite 310 San Diego, CA 92121 Ten Percent of Amount Bid PROJECT: (Nanrc. location or address. and 1'r gject nr. tuber. if airij Lambert Park Slope Repair, CC No. 1337 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. 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 Boad are such that if the Owner accepts the bid of the Contractor within the tine specified in the bid documents, or within such tine period as may be agreed to by the CiNvner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as way be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the 1'roiect and otherrnise acceptable to the Owner, for the faithful performance of such Contract and for the prompt paynicnt 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 O%viter may in good faith contract with another party to pertimn the avork 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. %7'aiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance ofbids specified in the bid documents; and the Owner and Contractor shall obtain the Surety's consent Ibr 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 tern Owner shall be deemed to be Contractor. When this Bund has been [ur nished to comply with a statutory or other legal requirement in the location or the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefn>m and provisions conl'on ning 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 scaled this 20th day of March, 2013 (117111oss) (IFitrressy Cj rlo e Aquino, Asst. ACCt. Mgr. Crew, Inc. (P me al) (seal) By: (Milk) DG rr+rt i� , s lcrul2 a Sure ttl-� The Hanover Insurance Company (So)t'!}) (.Seal) By: 4�* (Two)Sarah rs V Attomey-in-Fact S-0054/AS 8/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofo—.� On ( - /3 Date personally appeared who proved to me on the basis of satisfactory evidence to be the personA whose name(,io is/are subscribed to the within instrument and acknowledged to me that he/sbe/#&y executed the same in his/4eOtheir authorized capacity(ies}; and that by his/49644e4r signature(A on the instrument the J T. person(*, or the entity upon behalf of which the c ( 9 t personacted, executed the instrument. ft►2 �tm I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: -� Place Notary Seal Above p� /� / Signature of Notary Public OPTIONAL " Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual e ❑ Partner — ❑ Limited ❑ General Top 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 a ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Rem soaui CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San On MAR 2 0 Z013 before me, Date Janice R. Martin Insert Name of Notary exactly as it appears on the official seal personally appeared Sarah Myers Name(s) of Signer(s) JANICE R. MARTIN COMM. #1986564 o NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY My Commission Expires JULY 29. 2016 , Notary Public, who proved to me on the basis of satisfactory evidence to be the personob whose name(9b isl#V# subscribed to the within instrument and acknowledged to me that Yid/she/fty executed the same in Ng/her/NYOW authorized capacity(V#M, and that by W/her/fWOW signatureW on the instrument the personN, or the entity upon behalf of which the person4b 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. Signatur 4:: Place Notary Seal Above Signature otary Public If 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer — Title(s): Partner ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Lawrence F. McMahon, Charlotte Aquino, Sarah Myers, Lilia Robinson, Maria Guise, Janice Martin and/or Jennifer L. Clampert of San Diego, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Five Million and No/100 ($25,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, Thatthe President or any Vice President, in conjunction with any Vice President, be and they are herebyauthorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons" (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 28th day of January 2013. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY O�if;CITJZIENS/tPSURANCE COMPANY OF AMERICA >�11i toza Ito-bert Thomas. Vice Prtsident Joe Brenstrom. ici President On this 28th day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ,�`"� r� BARBARAA. GARttCK � € Notary Public ,� � omrwnwaatlh at iAass�iwssris �.��,�-� � ._ ���� � M '` Uw C9mR it;Sr<Ex;NsaS Se(a..?1.2Ci6 , Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification in respectthereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Companyto the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 20th day of March 2013 THE HANOVER INSURANCE COMPANY CIT�ENPMPSNACEYgq�R� OF AMERICA 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 June 11, 2013 Earth Construction Mining 11542 Knott Street, Unit 10 Garden Grove, CA 92 41 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand Earth Construction & Mining 11542 Knott St, #10 Garden Grove, CA 92841 a Im TA J4:1�Ljt ;2:6 tj J'z 'F7" 7 "Ps Pv ."T t I .......... v tv . . . ...... . . . . . . . f SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find As ?Olin the amount of $ l4ol a which said amount is not less than 10% of the aggregate of the total bid price, as required by the Noticed Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: :�mu bunded md SCAM *W,)DM 0a �1�fcd\ &I 0\0 —AOCM, (AvA :Z� (' n r C-2.1 PROJECT BID SCHEDULE Lambe ' Park Slope Repair, CC-1337 Item estimated Extended . No.. :Quantity: Bid Item Description Unit Price Amount i 1 Mobilization LS $ lot= $I (J1 , mr'.) 2 1 Construction Survey LS $ �..— rr�� $ "I 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req d) $ �_T �►D $� 4 1 Furnish Project Traffic/Pedestrian Control LS 13':Soo " 5 1 Clearing and Grubbing (incl. all TreeNegetation Removal) LS $ 5 0 $ 6 1280 Unclassified Excavation CY 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X CY of Specifications) $ 7 ( _ $ i�-- 8 350 Install Mirafi 11201,; Geofabric SY 9 15120 Install Biaxial Geogrid BX1200 (Type S2 or equal) SF 10 900 Install Gecjute Natural Erosion Control Fabric (per Plans and SY Appendix 11 of Specifications) --, C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item Estimated Extended' 0. Quantity Bid Item:.Descripton: UnitJ"rice Amount::: 11 610 Construct Crushed Aggregate Base Wedge Ctv Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ 120- $ -732 oo 7 12 55 Remove and Replace Existing V-Gutter LF $ 1/0.— $61050- 13 1 Replace Damaged Portion of Existing Irrigation System LS $ 3T $ 3, S cci,- 14 2 Survey Monumentation EA $ 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ 16 1 Install Erosion Control BMP's LS $4"No Total Amount Bid in Figures: Total Amount Bid in Words: -------- ------------------------------------------------ bx&pa '<"*�J)� fi iUY dollar and V.-XD C-2.3 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. Portion Name and Address o f Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBINTITTED WITH BID State of California ss. County of Orange (Z ?aSS -Mi - being first duly sworn, deposes and says that he of—s4Q is �R F-N)-T of E1+RT't-1 M 4 WWyy 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. EAR:Tka CQ)NSi P-UQ- `1QM 4 'HIM! Name of Bidder Signature of er k\S4'- kf�e'T Sri ►'`� i i�-1® Address of Bidder GP,rzs� �-:N3 G��;�ic� CA O Z-L 4- Subscribed and sworn to before me this / day of , 20 _ . NOTARY PUBLIC NOTARY SEAL C-4 Fill XF-TWIM, County of Orange Subscribed and sworn to (or affirmed) before me on this 26th day of March 12013 b\/ Charles W. P osslll Name of Signer proved to me on the basis of satisfactory evidence to be the person V who appeared before me. R08 41JIM r.NROTH C0MIK 01987770 NW COUNTY XW-COPAown( Y M -m.kM "F-x 6 - C� - II,204 Signature Signature of Notary Public 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 LAMBERT PARK SLOPE REPAIR, CC No. 1337, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to he performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: _; Zip - 2C) i 3 C-5 Contractor By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 3- 2lP 2-CA C-7 EA knk CvN i rZy CID oaJ Contractor By CK A-iZLE S L', {PZ£Si-0EM7- Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GY; TH QO,QSTPUci iaAJ M0\3 Q-) Bidder Name 115*4a Kr�3o-r s VC-c-- sv:TE ko Business Address CAA fLD -S N G G c A q a8 A- k City, State Zip Telephone Number (D S \ &A-8 A C2- \ B State Contractor's License No. and Class Original Date tion The work site was inspected by KA Rtleof our office on 'Nac-3\ \ k , 203 The following are persons, firms, and corporations having a principal interest in this proposal: CkA p�q L_E S (A) .7�b ss M- 0-0 A-k,,�- S T bS A-/\J RO-D�P-r leK "T- REVE< 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. Q-�A P�2LE S C .. BOSS Printed or Typed Signature Subscribed and sworn to before me this _ day o , 200_ . NOTARY PUB' IC CJ I e 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: CA Lk Pokk,pkcy 1. $Jgi STZEE-T. LN -;I)kLMA-. CA %Ua3 Name and Address of Public Agency Name and Telephone No. of Project Manager: A NDy LAa1-A-PU TTO S�oI $ P!R -O S ii 00 5 � -� � G� P- A ;%- (U 4-0S 2L0 GAO G 9-k-o PLAQE MFNT 5 1 ao\-A -_ Contract Amount Type of Work Date Completed Ck--y o� 2. CfE qo�o4© Name and Address of Public Agency Name and Telephone No. of Project Manager: SRM Contract Amount Type of Work Date Completed C \T `-i r \V L'- S t U E- 3. 3Roo tJ i� ; 9AVEr—sioEF C8 4asaa Name and Address of Public Agency Name and Telephone No. of Project Manager: STEUF. N-ouA k q5 it i 2- 3�iO4 aga L-pgs 45 -Vo Xr AN>uL.Ka- �I Contract Amount Type of Work Date Completed C-10 County of Orange Subscribed and sworn to (or affirmed) before me on this 26th day of March Y20 13 by Charles W. Poss III Name of Signer Froved to me on the basis of satisfactory evidence to be the person�4 who appeared before me. ROS~ ENROTH COMM. #1987770 Notary Pubk-Callomle ORANGE COUNTY MYComm EW.11,2016 Place Notary Seal Above Signature Signature of Notary Public THE AMERICAN INSTITUTE OF ARCHITECTS Bid Bond No. 1000838962-11 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Earth Construction & Mining 11542 Knott Street, Unit 10 Garden Grove, CA 92841 as Principal, hereinafter called the Principal, and Western Surety Company 675 Placenita Avenue, Suite 150 Brea, CA 92821 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Second Floor Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC No. 1337: Lambert Park Slope Repair, 18321 Newland Street, Huntington Beach, CA 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 25th day of March, 2013 i nessJ� ung ouie i ness AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED . THE AMERICAI INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 uctl� on & M Lourdes Landa, Attorney -in -Fact ACKNOWLEDGMENT State of California County of Orange ) On March 25, 2013 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Lourdes Landa who proved to me on the basis of satisfactory evidence to be the persop(s) whose name,(s-)-is/ re subscribed to the within instrument and acknowledged to me that_hefshe/� executed the same in ,his/her/their--authorized capacity(jes�,-and that byjiis7/her4their signatures-yon the instrument the person(-s), or the entity upon behalf of which the person( -)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1 ? SUSAN PONSEL Z COMM. # 1927069 +n 1 e � '° NOTARY PUBLIC - CALIFORNIA 0 ORANGE COUNTY31 -+ MY Commission Expims M; 27, 2015 'Nestern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark Rosskopf, Lourdes Landa, Adriana Valenzuela, Individually of Fullerton, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1 Oth day of October, 2012. WESTERN SURETY COMPANY �sungryw W ':pvONq•c�'J:iq aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this I Oth day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +`"""""" " %+ { J. MOHR { t NOTARY PUBLIC June 23, 2015 SEAL SOUTH DAKOTA SEAL r CERTIFICATE d—M AA-,) J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of V ,P�sy"ET a WESTERN SURETY COMPANY mar DY,P 0144T' 03 •s: �rN OPK4 � «xnx L. Nelson, Assistant Secretary Forth F4280-7-2012 CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of Orange On March 26, 2013 before me Rosanna Enroth, Notary Public Date (here insert name and title of the officer) personally appeared Charles W. Poss III Name(s) of signer(s) who proved to me on the basis of satisfactory evidence to be the person . sf whose name (.sl is/� subscribed to the within instrument and acknowledged to me that he/s.h-6-/tWexecuted the same in his/hef/tbeiir authorized capacity C[e-s), and that by his/.IxL6-r/th,e-ir signature fs�-on the instrument the person �&Y. or the entity upon behalf of which the person Kacted, 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. L ROSANM ENROTH COMM. #198MO mga Notary PubCat!ifomla V ORANGE COUNTY M Comm. Ex . AUG 11 2016 Signature Place Notary Seal Above Signature of Notary Public City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk June 11, 2013 GRFCO, Inc. P O Box 7689 Moreno Valley, CA 92552 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, aN - Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand GRFCO, INC. P.O. Box 7689 Moreno Valley, CA 92552 Z� ------ ==— VW-%FteV Imp O-c4-AmC>io '3 's City of Huntington Beach 2000 Main Street Huntington Beach, 92648 Project- Lambert Park Slope Repair, CC-1 337 Bid Date- March 26, 2013 @ 2:00 PM SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find P�, t Qona in the amount of $ / which said amount is not less than l 0% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: $ 29 4 TZO-od TOTAL BID AMOUNT IN WORDS: V e d dd ((ars , 7-eo ce- -'45. C-2.1 DIDn1r 'r II In QCMFn1J1,F Lambert Park Slope Repair, CC-12 Item Estimated ... ... ... . Bid Item. Description Extended e No.: Quantity .. Unit Price Amount::: ] 1 Mobilization LS $ ZSjOUa,yo $ ?5060.o0 2 1 Construction Survey �DOa•00 $ $ �4vd.60 LS 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req d) $ 00 U. oo $ SpOa • o0 4 1 Furnish Project Traffic/Pedestrian Control LS $ Ij 006.oa $ 5 1 Clearing and Grubbing (incl. all Tree/Vegetation Removal) LS $ I�OJoao.0o $[ 0 n.o 6 1280 Unclassified Excavation CY $ $ 7 1660 Engineered Fill Soil (per Plans. Section 300-4 and Appendix X CY of Specifications) $ O0 $ T'300.op 8 350 Install Mirafi 1120N Geofabric SY $ '5, dU $ �z %'� • o0 9 15120 Install Biaxial Geogrid BX1200 (Type S2 or equal) SF $ [ $1'S� /20.00 10 900 Install Geojute Natural Erosion Control Fabric (per Plans and SY Appendix 11 of Specifications) $ 3.00 $ Z 7co .GO 37 C-2.2 P12(11FCT 111.111 QC14Vn1T1.F. Lambert Park Slope Repair, CC-1: Item stimate :: ;::........ . :. Extended . No. .. .. .................,. Quantit.. .........:.: Bid Item bescrrption ::............. ....... .. Unit Price ' :. Amount.:. 11 610 Construct Crushed Aggregate Base Wedge (u Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ L 0- 00 12 55 Remove and Replace Existing V-Gutter LF $ 30•co $ 10650.06 13 1 Replace Damaged Portion of Existing Irrigation System LS $ Ir 000 . of, $ 6e00• oo 14 2 Survey Monumentation EA $Soo•eo $1�000•00 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ Z `7 $ 7,O0o •C 0 16 1 Install Erosion Control BMP's Total Amount Bid in Figures: $ 217 7Zo • �� Total Amount Bid in Words_ 7rwd (�w,„aV� 4�d_ c�,. Nd e Sew - _ G.- l , a a.,,.B w tn, laq t cr- 337 C-2.3 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 $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Owe L$ 59 4W By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange (3E®-r-s,e Fr-e s r , being first duly sworn, deposes and says that he or she is P� 5, d-s� f- of (MFCp_ WC 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. Namd of Bidder AV Signature Bidder ; Pa Ray- 76-8 9 Address of Bidder Subscribed and sworn to before me this ?6 day of , 20 /3 NOTARY PUBLIC C-4 LEON NORIEOA LOPEZ COMM. #1907501 NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY !y Gomm. Expires Oct, 9, 2014 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Dater / C-5 Proms = _ 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 C"No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. C-7 Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: 2 b 6 /3 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GRFCO, INC. Bidder Name P.O. Box 7699 MOT a o YipCA0. J,52 Business Address City, State Zip (95C) C5 7 - 8 F5 2� Telephone Number 2-%/Gr L A State Contractor's License No. and Class /g7y Original Date Issued The work site was inspected by G .FVO5 r of our office on,&J-rc-J-- 2 5,203 The following are persons, firms, and corporations having a principal interest in this proposal: MFCO, "Mr 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 specificat' s set �rth. Company N Signature of Bidd FTC Printed or Typed Signature Subscribed and sworn to before me this .2G day of 20" . NOTARY PUBLIC X " . , LEON NORIEGA LOPEZ COMM. #1907501 x r ' NOTARY PUBLIC • CALIFORNIA u RIVERSIDE COUNTY My Comm. Expires Oct. 9, 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: Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount 'Type of Work Date Completed C-t 0 Rev 3/13/13 GRFCO, INC. Contract References George Frost, President (for SCU Projects) Jim Jackson, Project Manager (for GJC Projects) City of Fullerton, $259,100 "Euclid Sewer Replacement" Contact: Mr. Pete Acosta (714) 732-9060 Start: Feb `13 - Complete: In Progress Project Summary: 1300' of 10" VCP, Manholes, Paving Otay Water District, $2,316,275 Contact: Mr. Paul Mochel (858) 444-6804 "Avocado Sewer Replacement" Start: Feb ' 12 - Complete: In Progress Project Summary: 4487' of 15" & 8" PVC, By-pass Pumping, Diversion Vault Los Angeles County Dept. of Public Works, $449,205 "San Gabriel River Bicycle Trail" Contact: Mr. Pirous Bozorgnia (626) 407-1644 Start: Oct `12 - Complete: Feb `13 (on time) Project Summary: Remove & Replace 5100' of Bike Path, Concrete Structures, SWPPP (QSP) City of Brea, $1,053,463 "Master Plan Sewer" Contact: Mr. Jim Sotelo (310) 270-3174 Start: July ' 12 - Complete: Dec ' 12 (on time) Project Summary: 1584' of 18" VCP, Pipebursting, PVC, Manholes, R&R Channel Yorba Linda Water District, $1,780,915 "Yorba Linda Waterline" Contact: Mr. Bill McCue (714) 448-0156 Start: May'12 - Complete: Nov'12 (on time) Project Summary: 5170' of 20" DIP, Valves, Paving Los Angeles County Dept. of Public Works, $154,001 "Buelah Circle Drainage" Contact: Mr. Frank Olivas (626) 607-7590 Start: Aug ' 12 -Complete: Sep ' 12 (on time) Project Summary: Place two 70VF Wells, Catch Basins, RCP Los Angeles County Dept. of Public Works, $215,850 "Canyonside Slope Repair" Contact: Mr. Dary Hamilton (626) 607-7430 Start: May'12 - Complete: May'12 (on time) Project Summary: Reinforce 3300' sf of canyon wall, shotcrete Long Beach Water Department, $436,314 "28th Street Sewer" Contact: Mr. Ed Mendoza (562) 577-6560 Start: Mar'12 - Complete: May'12 (on time) Project Summary: 1325' of 15" VCP, Manholes, Paving Los Angeles County Dept. of Public Works, $333,015 "Edgeridge Retaining Wall" Contact: Mr. Sohrab Agahi (626) 786-5809 Start: Jan ' 12 - Complete: Mar ' 12 (on time) Project Summary: Construct 153 LF Retaining Wall, Drive Soldier Piles City of Inglewood, $121,616 "Storm Drain Improvements" Contact: Mr. Anthoney Watson (310) 412-5189 Start: Jan `12 - Complete: Feb ' 12 (on time) Project Summary: Numerous Storm Drain Point Repairs Rev 3/13/13 County of Orange, $832,314 "Lewis Channel" Contact: Mr. Kevin Oxford (714) 448-6622 Start: Oct "I I - Complete: Mar '12 (on time) Project Summary: Place 679' of 9' X T RCB, Flap Gates, Fencing Los Angeles County Department of Public Works, $185,137 "226th Street Bridge" Contact: Mr. Jimmy Shadab (310) 467-6181 Start: Nov'11 - Complete: Jan'12 (on time) Project Summary: Demolition of 240' foot bridge, AC Paving City of Huntington Beach, $160,243 "Water Main Extensions" Contact: Mr. Eric Charlonee (714) 536-5430 Start: Sep 'I I - Complete: Dec 'I I (on time) Project Summary: Three Extensions of 12" and 8" PVC, Fire Hydrant, Services City of Huntington Beach, $269,076 "Beach Blvd. Waterlines" Contact: Mr. Duane Wentworth (714) 536-5517 Start: Sep'l 1 - Complete: Nov'11 (on time) Project Summary: 11 50'of 12" PVC Waterline, Air Vac, Siphon City of Santa Ana, $1,239,559 "Santa C1araWater/Sewer" Contact: Mr. Orlando Garcia (714) 615-0882 Start: Jun `I I - Complete: Feb '12 (on time) Project Summary: 3180' of 16" DI, 225' of 8" PVC, Fire Hydrant, Services City of Fountain Valley, $1,202,027 "Year Two Sewer Improvements" Contact: Mr. Aaron Franklin (714) 319-2822 Start: Jun'11 - Complete: Nov'11 (on time) Project Summary: 3164' of 15" — 8" VCP, Paving, CIPP City of Manhattan Beach, $112,666 "Sewer Main Rehab" Contact: Mr. Gil Gamboa (310) 802-5356 Start: Aug'11 - Complete: Dec'11 (on time) Project Summary: 22 Sewer Point Repairs, Paving, Flat Work City of Westminster, $132,194 `Brooklawn Drive Storm Drain" Contact: Mr. Tuan Pham (714) 412-2554 Start: May'11 - Complete: Aug'11 (on time) Project Summary: 200' of 36" RCP, Water Siphones, Paving City of Pasadena, $176,000 Contact: Mr. George Martinez (626) 590-0810 Contact: Mr. Bob Garner (626) 590-4909 Project Summary: 8" & 10" VCP Point Repairs City of Inglewood, $245,500 Contact: Mr. Brian Ball (310) 901-4631 Project Summary: 52 Sewer Point Repairs with 8" "2011 Sewer Repairs" Start: Apr' 11 - Complete: Jul 'I I (on time) "Sewer System Point Repairs" Start: Apr ' 12 - Complete: Jul '12 (on time) & 10" VCP City of Rancho Palos Verdes, $199,915 "San Ramon Canyon Sewer" Contact: Mr. Alan Braatvedt (310) 525-0684 Start: Jun 'I I - Complete: Jul 'I I (on time) Project Summary: 630' of 8" VCP up slope, Place rip rap ' The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, Michigan 48076 Phone: 248-281-0281 Fax: 248-750-0431 BID BOND BOND NO. Not Applicable KNOW ALL MEN BY THESE PRESENTS, That we, GRFCO, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of the Total Amount of the Bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Lambert Park Slope Repair, CC No. 1337, the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the t of this Bond or the difference between Principal's bid and the next lowest bid for the Project, ichever i less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of March, 2013. GRFCO, Inc. BY: Principal ITS: The Guarani BY: M r E. Shre panyftf firth America USA Attorney -In' Bid Bond 1 of 1 3/18/2013 CS0025 State of California County of Riverside On 2 4z ?63 before me, Leon Lopez, Notary Public Date Here Insert Name and Title of the Officer personally appeared G^FaOmGE SRO s.,r Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(•s) is/afe subscribed to the within instrument and acknowledged to me that ha/shelil" executed the same in his/h authorized capacity(ies), and that by his/h@FAheiF signatures} on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws 4:...t LEON NORIEGA LOPEZ of the State of California that the foregoing paragraph is COMM. #1907501 true and correct. NOTARY PUBLIC -CALIFORNIA RIVCRSIDE COUNTY WITNESS my hand and official seal. Y My Comm. Expires Oct. 9, 2014 .. air. Signature Place Notary Seal Above ,Si re otary Pudb OPTIONAL— A Though the information below is not required by law, it may prove valuable to persons rel ing 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: GEo FtGE FROST ❑ Individual M Corporate Officer — Tiile(s): President & Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact . Top of thumb here El Trustee Guardian or Conservator Other: Signer is Representing: C-1Z Pt0 =NC. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General =„ ❑ Attorney in Fact Top of thumb here ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: r ti�G�•✓St"�.vG�_"G�=�G'�4�✓_ G<-,�-yG-�G'my� :':iL�U`'.i4'e� '=; 01i''i yim"0046:�G��:�✓,t�,G..v4.yG_y,•ii�-vG�v4'iic� State of California County of Los Angeles On March 18, 2013 ACKNOWLEDGMENT before me, Julie M. Shreckengast, Notary Public (insert name and title of the officer) personally appeared Mark E. Shreckengast who proved to me on the basis of satisfactory evidence to be the person(r4 whose namef&) is/mm subscribed to the within instrument and acknowledged to me that het4MAWexecuted the same in hisAMMMIK authorized capacity0ft), and that by hisAIMM& signaturem on the instrument the person(V), or the entity upon behalf of which the personM 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 II JULIE NI, SHRECKENCAS 1 COMM. #1846034 w - NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY Expires Apr. 26, 2U13 , (Seal) TIDE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Mark E. Shreckengast Summit Surety Insurance Services its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shail have the same force and effect as though manually affixed. W��w TEec, IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai r Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 '�;: • ,--,,` '' Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. ��gv*� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 18th day of March 2013 s ,C i ((��7 g. a41�) �'""" Randall Musselman, Secretary City of Huntington,B each 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk June 11, 2013 Heartland Grading 3146 Tiger Run Court Carlsbad, CA 92010 RE: Lambert Park Slope Repair —CC-1 337 Enclosed please find your original bid bond for CC-1337. Sincerely, 0 Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand t Heartland Grading 00 3146 Tiger Run Court co�2p�r_TtD (3�t� J,cl-wpfo 9f26�r3 Carlsbad, CA 92010 "SEALED BID" for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find J� &,wi in the amount of $ 26 , G4 t • 1 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda -No. Date Received Bidder's Si nature,: C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: $ TOTAL BID AMOUNT IN WORDS: l',Q GfP S 1 Y-r A--'Q 5 t X f�J-t)OgCJ C5t ,✓ C-2. I PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 item Estimated:......:. ;::....: '::. :..: .. .. ' ;.: : <; . Extegded.: No'. ,..(�;uariti .: >gid;item. >�7escriptiori::.::::::::. un:it::PHU.:...: ::Amount: 1 1 Mobilization LS $ o_ aoao _ $ IU,006 2 1 Construction Survey LS $ 5325 $ 32� 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req'd) $ (oo $ /000 4 1 Furnish Project Traffic/Pedestrian Control LS $ Cv5;000 $ Co15�� 5 1 Clearing and Grubbing (incl. all Tree/Vegetation Removal) LS $ 711,I-1M $ 21f q66- 6 1280 Unclassified Excavation 37,-75✓ CY $ 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X CY of Specifications) $ $ 0$$ 8 350 Install Mirafi 1120N Geofabric SY $ 9 15120 Install Biaxial Geogrid BX1200 (Type S2 or equal) SF $ .8S $ 10 900 Install Gecjute Natural Erosion Control Fabric (per Plans and Appendix 11 Specifications) SY of $ $ 4/C)S(0 C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 )Etm:.Estim.ated >terided... ... uanti ....Bid .V Pon :.:.. .:::Unit::Price:: Amount:>: 11 610 Construct Crushed Aggregate Base Wedge (@ Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ 35 5o $ 2 ( t& 55- 12 55 Remove and Replace Existing V-Gutter LF $ 6)-00 $ 7LI3' 13 1 Replace Damaged Portion of Existing Irrigation System LS $ i250 $ �2s� 14 2 Survey Monumentation EA $ ''Z 5 dY7 $ 2 Scan 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ 2 S $ —Zcb 9 16 1 Install Erosion Control BMP's LS $ 22700 $ 2230d Total Amount Bid in Figures: $ 2E& & ( Total Amount Bid in Words: —f'wo }�•>DLI� P"llol f -r 5.I Y fir�S�q ...... .......................... .....-----------------.--- r ••IVF LsL-f-�e X/ C-2.3 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. Portion of Work Name and Address of Subcontractor State License Number Qass Z 5A(ar CAS` 61A/ . ckl*/(bff S� J �`il l L -WAX" !Sa* �/��oYsa�D •- f%l7�arw�c By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 9" V/F �.�, , being first duly sworn deposes and says that he or she is :?" s, ��, ---r of J v - �- )"%�„) '- r ". j > , the party making the foregoing bid that the bid is not made to the interest of, or on the ehalf 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 'Z�� W---22 Si ature of Bidder Address of Bidder C,R w/sJ.1� 6'A Subscribed and sworn to before me this )-6 day of fYlGr(.h , 2016 NOTARY PUBLIC MARIBEL FRANCO Commission # 1992941 Z -,e Notary Public - California zz Z ' '-� ' San Diego County My Comm �xm.res Oct 30.2016 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARR SLOPE REPAIR, CC No. 1337, (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: yl"«4 Contractor By Title r C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes IT No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Ac, 13 4A�l G�4�1� laW/� Contractor By Title C-7 BIDDER'S INFORMATION ATIO BIDDER certifies that the following information is true and correct: 1�,�fiaN,0 61e4gXw6 Bidder Name -3/1-6 %l6rlZ Vud cajal- Business Address CA.sW CA 172010 City, State Zip (76o ) 65-0- 3720 Telephone Number 9/ZG�/y X State Contractor's License No. and Class Original Date Issued Iy Expiration Date The work site was inspected by Va62r✓44o1 of our office on /�iI,QC'!f` /� , 206. The following are persons, firms, and corporations having a principal interest in this proposal: 2OpJw1— ✓LAC9 " g11crs►�6nf7" 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. _ *Xel-,tA690IW6 Company Name Signature of PO/-Vz/-- ✓WW Printed or Typed Signature Subscribed and sworn to before me this �;L6 day of YY�,t eC i , 21 0'/3. MARIBEI FRANC0 Commission # 1992941 a Notary Public - California z San Diego County f My Comm. Expires Oct 30, 2016 NOTARY PUBLIC �1/����� 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: giSTA 001f IEi 5-11 aOL W-06- /2341 AkA71.4 A IV,Cd 9�8y Name and Address of Public Agency Name and Telephone No. of Project Manager: '57'914- f76o) 226-20c) X'22O /jpq ood merlllbetc armwr1../ /o 12 Contract Amount Type of Work Date Completed 2. W C 3375 64-V oJo VFL Rio xaSTji D&% C "V 166 Name and Address of Public Agency Name and Telephone No. of Project Manager: PA4 HMPOS/Uo IJ 57Z- 58 ZG'i,6ao �a� %UAl40- 1CW- 12 I2 Contract Amount Type of Work Date Completed 3. l%PTG� ✓�1`�QA�S ���5 S�io ��o s�NIaGa tom. 5+4JIDrr-',o, G4 Name and Address of Public Agency Name and Telephone No. of Project Manager: 3NI;S 5-ro(2VQ C-7&>) H32- 03a? -4 3, 3Gy.,oc o & sr- / 21l f Contract Amount Type of Work Date Completed C-10 International 1`111811tV INSURANCE COMPANY One Newan< Canter, 20M Or. Newark, New Jersey 07102-5207 1-300-333�4 167 '/ (073) 624-7200 I VNWV.iFiC.COM KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, HEARTLAND GRADING, 3146 TIGER RUN CT., STE.116, CARLSBAD, CA 92010 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto CITY OF HUNTINGTON BEACH In the penal SUM Of TEN PERCENT OF THE TOTAL AMOUNT BID---------- ( $10% OF TOTAL BID) for the payment of which, well and truly to be made; we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 25TH MARCH day of 2o 13 The condition of the above obligation is such that whereas the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET; CC NO. 1337 BID DATE: MARCH 26, 2013 NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, property completed in accordance with said bid, and shall furnish a bond for the faithful performanceof said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that.the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: ATTEST: SEE ATTACHED CALIFORNIA ALL-PURPOSE NOTARY ATTEST: ACKNOWLEDGMENT AND POWER OF ATTORNEY Bid Bond Date MARCH 25, 2013 HEARTLAND GRADING By: rrmciprrf I INTERNATION FI iNSURANCE COMPANY By: GL ROGERS, Attorney -In -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ) On 25 March 2013 before me, Audrey Rodriguez, Notary Public (here inscrt name and title of the officer) personally appeared Gladys Rogers who proved to me on the basis of satisfactory evidence to be the person whose nameis subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and'that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AUDREY RODRIGUEZ Commission # 1902435 -ae Notary Public - California z z ' San Diego County My Comm. Expires Sep 2, 2014 Si tun; of tary Public (Seal) AIDDITIONAL 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 inronnation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual.(s) ❑ Corporate Officer (Title) ❑ Partner(s) IN Attorney -in -Fact ❑ Trustee(s) ❑ Other Signer is Representing: Surety Company CAPAv12.10.0 ®by AstociutiwiuFlho(a3aeanulYWsriusRCSA800.873ABG5 www.notwAaues.mn State of California County of SAN DIEGO On MARCH 26, 2013 ACKNOWLEDGMENT before me, MARIBEL FRANCO, NOTARY PUBLIC (insert name and title of the officer) personally appeared ROBERT VLACH who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) MARIBEL FRANCO a Commission # 1992941 Z =_ Notary Public - z San Diego County z a My Comm. Expires Oct 30, 2016 BROOKE LAFRENZ, MICHAEL W. THOMAS, LARRY D. COGDILL, GLADYS ROGERS, AUDREY RODRIGUEZ Woodland Hills, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) inpursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and bythe Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature ofany such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being herebyy adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation wifh the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex 1936 ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature Were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. a�t1 V�y.���JJe O4" OUR`MEM t�i. &i--� zi,�- A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 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 June 11, 2013 Ironclad General Engineering 555 West 1st Street Rialto, CA 92376 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand -r/zo AkI741 - I � 6��f4pz R I A-�Tb � GR- 923 76 A 9-a6.000.00 V6Tz.lFuUl9 MkP J.CLA"Dta st26l(3 iirr! � gg roR Tt£ 9PYX 18321 /JEvi cof� s�eeT Ce �jo. ) 3,37 u r++,l G,Yj �F YJA%,J I;eACFY ,co of cJ�i+� Reou�2 MR,L SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: $ 29Co oco. 753o �Av-0tAf b W6 S�?c T4ov,5A-tJL boLLRr2S C-2. I PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item shmated:: :: Exten ed... N69.':Quantity: .Unit: Bid item: �esciptinri Price::: :' ::Amount ..: 1 1 Mobilization LS $ i 0, 000, o $ f 00 000,�g 2 1 Construction Survey LS $ (( E 00• "1 $ �S06, tvb 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req d) $ (SOP . 110 $ I t C)015, Ob 4 1 Furnish Project Traffic/Pedestrian Control LS $ 0 006. p6 $ 600. 0 5 1 Clearing and Grubbing (incl. all Tree/Vegetation Removal) LS 6 1280 Unclassified Excavation CY $ f g.4� $ 23 G 16 t 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X CY of Specifications) $ (od, 52 $ 100, 963. 8 350 Install Mirafi 1120N Geofabric SY $ q,3'I s&1 79,5 9 15120 Install Biaxial Geogrid BX1200 (Type S2 or equal) SF $ t, 22 $ 4{916.4 10 900 Install Geojute Natural Erosion Control Fabric (per Plans and SY Appendix II of Specifications) C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item stimaae Mended::::: �10 :::: . uanti .. ry. ::Bid Item Descri Ginn .... ... .. :::. Unit .Price:::::.: A:m6nnt.:.. 11 610 Construct Crushed Aggregate Base Wedge (@ Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ �� �33 $33 14,3 a 12 55 LF Remove and Replace Existing V-Gutter Q / 13 1 Replace Damaged Portion of Existing Irrigation System LS Q 14 2 Survey Monumentation EA $ 00, $ 1. Y60 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) 3 (� SF $ $ Z 16 1 Install Erosion Control BMP's LS $1326. S' $ Total Amount Bid in Figures: $ 2 %0 Coo. 11b Total Amount Bid in Words: —I"Oo 4%j- 1REb --- --- - - -- - - -- --- L�oLLA KS C-2.3 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. Portion Name and Address of Subcontractor State License Class o Work Number swtive. � PrSs�c►���.s ZZy-Z� c�T \ y wr�g CAA0JbWKAC.e, CA ('Ls'122`� saQve / By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange )<FrJ 6'rR C6aei2Q1 , being first duly sworn, deposes and says that he or she is Pe5 tflENT of =(Z t (.,0JE9A . Eka sj�giAChe 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. T-2ol-jCGt-& (SffAJaK*L (ldc. Name of Bidder Signature of Bidder L4T5T RIALT61 CA �2376 Address of Bidder Subscribed and sworn to before me thiss 0 9 day of 1*140 20 U" -OLETTE L. GORDON comm. #1943232 a �w Notary Public - California o Riverside County My Comm. Expires Aug. 4, 2015 NOTARY PUBLIC r/ NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (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: 3 ZOO l3 T�2oJCC C���ER F�IGI�I�e1�✓6, l� Contractor T By Pee t AeAiT, Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes )4,No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: V-26 1 //3 -T(2.oOCLA,b GiENCM FN(b1Aie-2W&i IRL Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 5zkP6, Bidder Name 555 W L aT ST�ee-r` Business Address RApo,�-o CA 9237� City, State Zip ( 9}09 ju,-C)P3 Telephone Number gs�t8�� A State Contractor's License No. and Class )Y1Vzolo Original Date Issued I l 13-(>,[-,? 6 (�{ Expiration Date The work site was inspected by KE►j Cb Rb2tl �o of our office on :5 2 0 , 2013 The following are persons, firms, and corporations having a principal interest in this proposal: KEAupfF-7--g CoRbV- i 2-z) 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 vFflnl � (mil i Printed or Typed Signature Subscribed and sworn to before me this 'day of , 2OfIf��'c ArpzlLv l COLETTE L. GURCUly COMM. #1913232 x a ��� Notary Public - California a �,';;':A Riverside County • 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. SAtJ 8ERNM�WJD 2WIVIab SCOOO'L 6ISPZi 1G7- Name and Address of Public Agency Name and Telephone No. of Project Manager: Q'06 dA/JZ W?-28339 ) "`1�e2 oao Contract Amount ►- Te be Mo �- GeAbl tJ Type of Work 15at Completed 2. 30PC-A V�NI�1�� � a�L 151S�1GT. Name and Address of Public Agency Name and Telephone No. of Project Manager: 95/- 329- 867G �'3 6 9, 2 71 S ►Te beMo �' 6po'flt�JG Contract Amount Type of Work 3o t2 Date Completed 3. S4AJ QC/;-,MAkAN0 UMIFt E►'� SGH��L Dls r�7� Name and Address of Public Agency Name and Telephone No. of Project Manager: 90 g-5791- gr 33 41 Z2 Contract Amount o� C1.e /ZlYG Type of Work 2 3a Date Cc C-10 4" H CC 4T/ U S Specialty Insurance Compam 601 S fivuci na SY'ee[. Surtc IbOq IO,..ngclr (oliloi m;: 90011 main i 10 6-19 0990 facs—dc i 10 bJ9 CW 6 BOND NO. N/A PREMIUM NONE BID DATE: MARCH 26 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, IRONCLAD GENERAL ENGINEERING, INC. 2013 (hereinafter called Principal), as Principal, and U.S. Specialty Insurance Company , a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the State of CALIFORNIA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of not to exceed TEN PERCENT OF THE AMT. BID TEN percent 10 %) of amount bid Dollars ($ 10% OF THE AMT. BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for LAMBERT PARK SCOPE REPAIR — CC NO. 1337 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 21st DAY OF MARCH 2013 IRONCLAD GENERAL ENGINEERING, INC. PRINCIPAL By: LKI By: _ JEREMY Insurance Company Ill HCCSZZ220B04110 POWER OF ATTORNEY � AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY PECIALTY INSURANCE COMPANY XIM)MI11- THESE PRE-SH R_-_ =_ TIM Xlh=�-ca-W-Contraidq 11fornia corpor1ft"-MAe&Sts tare ioahypPa Maryland cdffldw.�vDecialty insuraIIIVI e s co oration Weeti "a "'lipy"I `Companies"), do by these presents TiMe, constitute and appoint: Michael D. Stong or Jeremy Pendergast of Riverside, California it&tniE::=-�md=�m�omey(s)-in-fact, �a h ' I. II III apacity if more thunipp-m-gs r—OhREW-ave. with IIJ III II —May —III edge anffife�Mbofids, recognizat�� !ffihffftQ9-irM name, placeIRI e 'a owl _=*"�ofteuwents or contrac s1l; WIIfIW plpl III [19 1 riders, ammiffielft amdan of surety, p6KWd&Wb "Ww - -penalty does not exceed *******Ten Million Dollars ($ *M7000,60TOO This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be i"eso1yo66ithaM%e6President, any Vice -President any AssistangAGce President, any Secretary or Assn ntj 21 shall be and is hereb3Lyestc&with4u1 IIII II' P 1! 1 IN owerancruthontio appoint any one or ingre 4 �(s)-in-Fact er��: .111 l� 1 f the Companyo_�j _�w t to re n, �CEIRRT=_�z boW dffSPbe given full power and=h&�&Fff�tfiemme of and On oemin .9KI1,1111dr*#�1 tole)(3 acknowledge and clelivwoinyi�i s, s III] — 25 recognizances, contracts, agreements or indemnity and other conditional or obligatory underta ngs, including any'and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary, id�a nature of any authorize s 'a $,Company heretofore or _fr;A� wer of anomeyor-any cerlif-cau-gelAfin AhkrWbW_r5cM lei.-andi2ay power of atto le signature or famsim�sh0ne—EluffiEndEFincling upon the GVffip�_ MID id6ft which it is attached !�RndZiKun_ alavo lIg IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3'd day of October, 2011. I STATES SURETY,P lw� 1 JECIALTY INSURANCE COMPANY - I By: Daniel P. Aguilar, Vice President State of California--_Z'� s SS: r �On thM d day of October, 2011, before me , e)orah Reese, a notary public, —personafFy appeared Daniel P. Aguilar, _V—Rce -- Pendent of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed -the -same in his authorized capacity, andAhALA)Lhis signature on the ins h on(s), or the entity upon behatf-_of�- Am pgf�qg§yWed, executedgffie leff cautpimaef -PENALTY OF PERJURY��r tlekWrof the State of Cal A ,td th"I'l f3r g0mr, pala6iapil isle Torre —fie . WITNESS my hand and official sea]. %,, . 1`62204� DKOMOW Jill Signature (Sea]) al PUM cminak Law Anon C" Coft —min" ms--iftant Secret cof�� jniwd �Wety Company �ISISMiW*__ Y6 correct copy of a Power of Attorney, dMiel Indemnity �=Ihsuramce Company, do hereby c, -tIII ��ibll going is a tvMl Secretary a said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. d 4 have Ir1.W1t_111ess_M4h__ T_ hereunto seLmL_--�"d aM the seals of said eles, California tw&�� w AAM- �U Corporate Seals smk,, M _I ft nt Secretary IflIIII! _ft&cM_ =2U5 II111,I&I CERTI Ft ICATE OF its:e of Call I `- — Co L 1 Jere riser ram? and ttrte personally appapxc-d cti ho proved to me, an the basis of satidactory evidence to be the person(s) whose name(s) isl@X subsen`bed to the within instrument and ackno-, leda-ed to me that hefsh&t7e7 executed the same in hislherMTeirz authorized Ccrpacii (ies)- and that by his/hegnature(s) on the iristrumeilt the persori(s); or the entity upon behalf or which -d-ie perso-n(s) acted, e-eeu ed the instrument. 2 CZl-df'�- under PEiN ALTY OF PE s-C1RY under the 1a�,1s eL the State of Calitrarnia thafi the fore-oina paragraph is true and correct _ 0 COtETTE : -01VI 1. #1943282 �ro w;r 'Qi Notary Pubiic California 7 - T��iE55 rn�� hand a�Z tCial Seal, N ;' y Comm Riverside d es cunt 1 0 ('Yola:y Seal) $iMrrure as I a;an Pnbiic -ADDITIONAL OPTION AL DIF ORNLAZION DPSCRIP110ti OF THE ATTACHED DOCUIViE-Yi- { T iCc or de5criionaa of anched do crt ;tans) • file ar dascripriof; of a -Cached document contin- L•ed) Number of Pages At4pocument Date/-�x t /�3 (Additional i;s;o:mauon) CA�,A Cis �I�rIED l� i T�; .SI{i�t i2 Indi-Actual (s) Cor-noraia O� lcer u Pa,Lnerfs) M i1 r-c( mev-in-Fact 11 TrL icd.a) LD Other INSTRUCTIONS FOR Ool'YIPI..ETD, * T I -IS FORM Any craroreleda nent completed is California guar contain :•orbit; zsactn' 7r appea,s above in rite aoiaq section or a separate as am-irl_ds gewfornr nmst be prop_rlr complerad and attached to that docrnnetn. 171e anlr etcapdon is if a documezu is ro be recorded outside of, Califanar- Itt suds instances, am alternadw aci4imrled merit z'croiage as mml be 01*2ed on wcb a docsmzan so lang as the vsYbinge does nor nequira file in3faiy to da sauraldag dray is illegal• jar a naron: in Calijensia (i_a cerah+ing rise Milhoriz:Ed car ocirs of aje signer). Please checfi dre doeAAr2nf careJrdl: for orop2r naianal 3sorditsgatsd affacFr tisisfanst l reyuitz� D Sate and County information :gust be the State and CO--'i'here rte document si.v sc s} petsonally aapeL:ed bafara ihz nomr public fot zc�io'. I:dwr-e-M • Due of nomri_tion must b-- the date that the sigiet;s) Peronait4 gape: n-d nhici nw, also be Ste same date the acknowledgment is complemm • T-he notary public mast- print his or her name as it appears within by oc her commission followed by a comma and then your title (nomry public). • Print Jre nam`(s) of docurrznr sigaer(s) vrno petsor.-iy aopear at the time of i;oranii%tion. _ Indicaale the CoTarl sinqudar or -turd `ot[ft5 ay Cr355tttQ aft iltcotsect forms (i-a- sl —) or eirelina tha cotr2et _`orms_ -ail ui2 o conecly indicate this infanation met ie2d to r jec¢iom of document recording. o 1 he noiz!y seal iin0rzssi4n m'tat be clear -and phozugranhicdly rzarae;:cib➢e. fnin73sion mm-, not cover mix or linm Y seal imprezzoa smudges. re-seai if a stir:rcizftr a:aa pannis; oiher%v-i5-- comaieiea dMrart aca-no M- edg?.ea form, • SiEnarure ofthenotary public must ^um+ tch the siagnature on Crie'xith Ire aI<ice Of the cos_nty cleet �dd(tiouzi i-oformaaoa is not rcquirad but could het ro e.uL - this _c.�;nowledsment is Rot rniSUSEd or ailwiled to a dffCn-nt duc4mesii indicate tl:le arty - of attached document, numbe. a: ragas and dme- indiceia the capacity claimed by the si_arer. if the ciairnad cacacity Is a corpopae oiTlcer; indices the tills (i.e. CEO. CFO; Secrem-1). • Securaly amach this document to :he Q-0I- ed CiaL2m dM 2G11S Vzrsiou C:;i':� ri? r4.t?7 3G(I-3?3-QSva n�«�°�ioEar<Classes.cou. City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk June 11, 2013 JC Baldwin 2469 Impala Drive Carlsbad, CA 92008 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand JCBAL®1/lO//IN CONSTRUCTION COMPANY General Engineering Contractors 2469Impala Drive Carlsbad, CA 92008 License #A623091 2861 gg5.00 VC-t2-tFtED 13tp J , CLAM w'o 3126' LS 0 13 1- Bid For: Lambert Park Slope Repair SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find sDj BOMI in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received <"Bidder'kSiknature C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: $ $286,995.00 TOTAL BID AMOUNT IN WORDS: TWO HUNDRED EIGHTY SIX THOUSAND NINE HUNDRED NINETY FIVE DOT.TARS C-2.1 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item No::. :Estimated. Quantity .... ; .. Bid .Item. Description:: Un:it:Pr ce:.: Extended :::.: A u 1 1 LS Mobilization $1 0, 000 $ 1 0, 000 2 1 LS Construction Survey $ 2, 750 $ 2, 750 3 1 LS Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) $1 , 000 $ 1 , 000 4 1 LS Furnish Project Traffic/Pedestrian Control $ 8, 500 $ 8, 500 5 1 LS Clearing and Grubbing (incl. all Tree/Vegetation Removal) $ 22, 000 $ 22, 000 6 1280 CY Unclassified Excavation $ A0 $ 51 2_00_ 7 1660 CY Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) $ 60 $ 9 9, 6 0 0 8 350 SY Install Mirafi 1120N Geofabric $ 10 $ 3, 500 9 15120 SF Install Biaxial Geogrid BX1200 (Type S2 or equal) $ 1 $ 15,120 10 900 SY Install Geojute Natural Erosion Control Fabric (per Plans and Appendix II of Specifications) $ 4 $ 3i 6 0 0 C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Item No Estimated Quantify: .:._ :: :: : Bid item Description Unit Price ; :Extended::::: :Amount 11 610 TN Construct Crushed Aggregate Base Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) $ 65 $3 96 5 0 r 12 55 LF Remove and Replace Existing V-Gutter $ 65 $3, 575 13 1 LS Replace Damaged Portion of Existing Irrigation System $ 4,500 $41500 14 2 EA Survey Monumentation $ 3,750 $71500 15 8000 SF Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) $ 1 $ 8, 0 0 0 16 1 LS Install Erosion Control BMP's $ 6, 500 s6,500 Total Amount Bid in Figures: $ 286,995.00 Total Amount Bid in Words: ------------------------------------------------------------------------------------------------------------------------- TWO HUNDRED EIGHTY SIX THOUSAND NINE HUNDRED NINETY FIVE DOLLARS C-2.3 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. Portion" zo .Work `? ,' :>'Wame andAddres's Subcontractor ':` _ "State License Number.;' ; . ;Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of�Ora 5attl DI 4910 PAUL MCKEE , being first duly sworn, deposes and says that he ore is VICE PRESIDENT of JC BALDWIN CONSTRUC'TTON 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. Paul McKee Name of Bidder Signature of Bidder 2469 Impala Dr., Carlsbad CA Address of Bidder Subscribed and sworn to before me this 2 5 day of March 12013 . ti Y.1Y.1111tiY:::.11YhY.•:.•.•.i1Y.Yh5M1M r�o Stacf�/ L�e�{V{/nn Pallcthhanis NOTARY PUBLIC • CALIFORNIA Son *a COUNTY NOTARY PUBLIC dune 4, 2oMWI tie NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (T)(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: MARCH 25, 2013 JC BALDWIN CONSTRUCTION CO. Contractor PAUL MCKEE VICE PRESIDENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: MARCH 25, 2013 JC BALDWIN CONSTRUCTION CO. Contractor PAUL MCKEE By VICE PRESIDENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: JC BALDWIN CONSTRUCTION CO. Contractor PAUL MCKEE By VICE PRESIDENT Title Date: MARCH 2 5, 2 013 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: JC BALDWIN CONSTRUCTION CO. Bidder Name 2469 IMPALA DRIVE Business Address CARLSBAD CA 92010 City, State Zip ( 760 ) 438-9275 Telephone Number A623091 State Contractor's License No. and Class Original Date Issued 7/31/2013 Expiration Date The work site was inspected by -?AV L of our office on MrmK a 1 , 2013 The following are persons, firms, and corporations having a principal interest in this proposal: JV-% AIcQw�v� 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. JC BALDWIN CONSTRUCTION CO Company Name Signature of Bidder PAUL MCKEE Printed or Typed Signature Subscribed and sworn to before me this 25 day of March NOTARY PUBLIC • �� 20,13 cy n Ichanis comm. #1980961 NOTARY PUBLIC a CA' IM0101A SAN DIEGO COUNTY A' Commission Expires June 4, 2016 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 C1 Name Address of Public Agency Name and Telephone No. of Project Manager: -740 Na�+iE ROAD f sn,d BtAc 1� C /a 131q 1I (3 Eyv 1F;V c- 905-17 3 --10 3 _a �00,000 5E,4LVgLC -7-3J- a613 Contract Amount Type of Work Date Completed 2. s ;+ Nc I Y TA Name a d Address of Public Agency Name and Telephone No. of Project Manager: 9104006 Contract Amount 3. C ++! )A TVA ram, Name Ad Address of Public Agency So V f I" 1 L/ I C A A/ /-1 V yVc) Wv�'T,� S CA 9)0,�1( rACJS4 6 33 1 SSA LVACIL Type of Work Name and Telephone No. of Project Manager: .� Contract Amount -� R s- 1 S'- a 013 Date Completed :57 5 f'li� WfN So IAV94 giEA cA 92075 601(16tx4 U- off1C Type of Work J Date Completed C-10 AAS NVAS SURETY GROUP CONTRACTOR: SURETY: (Name, legal status and address) North American Specialty Insurance Company J.C. BALDWIN CONSTRUCTION COMPANY 475 N. Martingale Road, Suite 850 2469 IMPALA DRIVE Schaumburg, IL 60173 CARLSBAD, CA 92010 This document has important OWNER: legal consequences. Consultation (Name, legal status and address) with an attorney is encouraged CITY OF HUNTINGTON BEACH with respect to its completion or 2000 bLAN STREET modification. HUNTINGTON BEACH, CA 92648 BOND AMOUNT: TEN PERCENT OF GREATER A OUNT BID ------------ Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) LAiNOERT PARK SLOPE REPAIR 18321 NEWLAND STREET 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 terns 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 tern Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 19TH day of &URCH, 2013 . J.C. BALDWIN CONSTRUCTION COMPANY (Witness) (P In . al)a���� (Seal) Y: (Title) DAMES C. BALD PRESIDENT North AmericanTSecial In urance Com an(GVimess) (Surety_ (Seal) BY• � (Title) MARK D. IATAROLA, ATTORNEY -IN -FACT This Document conforms to the AU1 Docu nentA310'�W— 2010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California County of SAN DIEGO On 03/19/2013 before me, DEBORAH D. DAVIS. NOTARY personally appeared MARK D. IATAROLA who proved to me on the basis of satisfactory evidence to be the person.(a) whose namek is/arm subscribed to the within instrument and acknowledged to me that he/sbeLtgey executed the same in his/14 + 14eir authorized capacity(ies), and that by his/4w4b4eW signature(e) on the instrument the persono, or the entity upon behalf of which the person(e) acted, executed the �L OF 1 F'�aEUpFk tiF DEBORAH D. DAVIS instrument. COMM. #1929979 r o NOTARY PUBLIC-CALiFORNIA Cf) N I certify under PENALTY OF PERJURY under the laws of r ^ SANDIEGOCOUNTY the State of California that the fore oin 9 9 paragraph IS My Comm. Exp. APRIL 21, 2015 true and correct. WITNESS my hand and official seal. � l •Signature of Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(sI [] PARTNER(S) [] LIMITED ]GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ' - - 1 QI I 1 11,11111171111 J� State of California orT County of ,,�tn On 3 2 before me, GIRW WI Ate Here personally appeared 'To'ryus G' W 6 Name and Title of the CIVIL CODE § 1189 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 �O'•�•'ti""-��'�•'.•�:r..LtiLY4,11 laws of the State of California that the foregoing r•,- Stacyy Lvnn Palchanis paragraph is true and correct. IL COMM. #1980961 i k; NOTARY PUBLIC -CALIFORNIA SANDIEGOCOUI N WITNESS my hand and official seal. C011lil l Expos j1une 4, 2016 Sq ature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 0 ❑ Partner — ❑ Limited ❑ General Top or thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top or thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item ObWy 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, MICHELLE M. BASUIL, GLENDA J. GARDNER, MARK D. IATAROLA and DEBORAH D. DAVIS JOINTLY OR SEVERALLY Its true and lawful Attorney(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 £acsimile 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 9d` 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." O G IAu rP /, A/ir�° � �4pS10NAl j ""K. 1 cy;bplFOFj4••,•G G 40"Q`�•"IiPO' ys 5 �.;•G TF :i By ,�0: _ SEAL: n = Steven P.Anderson, Senior Vice President of Washington International Insurance Company 2.; SL W 1973 Wj D03&Senior vice President of North American Specialty Insurance CompanyVZ �j runt sIS 1c1.' runnuu111a� �two nwad` a naBvid M. Layman, Vice President ofWashington ngton International Insurance Companyy & Vice President of North American Specialty Insurance Company INVhITNESS 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 this Oth day o f December 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this I Oth day of December , 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. / ) "OFFICIAL SEAL'y DONNA D. SKLENS Notary Public, State of Illinois Donna D. Sklens, Notary Public My Commission Expires 10/06/2015 I, Jeffrey Goldber-2 _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 l9th day of MARCH , 20 13 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington international insurance Company & Noth American Specialty Insurance Company 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 June 11, 2013 Southern California Grading, Inc. 16291 Construction Circle East, Suite A Irvine, CA 92606 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ? ('I � 'I � � 7 1, � , , f SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-I If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ io% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature N �} C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No.1337 PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: 2Q(a, 1-7b G-�utiD?E��66LA E77y-S/X Toyi,vE-,r/,,,ya C-2.1 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 fete: sta tt� ei : ;< ::;:< :::::>>.<::::::::«;::<:<:`:..........:....:......:..:...:•:::a:.:.:a::::::< :1Vo,:•: :•: utitY> :•;:• irii•Dc�ci tidia:•:•:•:•:• -:•:• -:::: >::•:•:•:•••:•:.'..:.:;:: I..,. ':::.:::.`.....::::::•::::::::;: •:::•::::...::::::: >:::..,..;;:::::::.::.:.:.:.::....::.:.>:.:.:.:..:::.:;U.t.#::Fr >:<>:•:•::•::•:•::; ee:<:':•:' •:•:•:•:•:•:•:•:•:•::•: 1 l Mobilization LS $ l,0, 60 0" $ 10,000' 2 t Construction Survey LS i $ 5, 7S0 $ S, -7 S'O 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req'd) $ 114940 $ /, ODO 4 t Furnish Project Traffic/Pedestrian Control LS $ "17�5� $ % t) 5 1 Clearing and Grubbing (incl. all Tree/Vegetation Removal) LS $ 6 1280 Unclassified Excavation CY 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X CY of Specifications) $ 2q. ZO $ gO,17Z 8 350 Install,Mirafi 1120N Geofabric SY $ 12� $ q,zoo� 9 15120 Install Biaxial Geogrid BX 1200 (Type S2 or equal) SF $ 10 900 Install Geojute Natural Erosion Control Fabric (per Plans and SY Appendix If of Specifications) $ 7, qs $ 7, /SS C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 ...................... -.... ................ ........... . ............... ..................... ........... ......... . ...... .... ................ ......... A 11 610 Construct Crushed Aggregate Base Wedge (@ Toe of Slope per TN Plans, Section 200-2 and Appendix X of Specifications) $ 7,4 - $ S"7,34je>' 12 55 Remove and Replace Existing V-Gutter LF $ 115- $ &.32S- 13 1 Replace Damaged Portion of Existing Irrigation System LS 14 2 Survey Monumentation EA $ -Z. 58-7. 56 $ S, /'7:57 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix X1 SF of Specifications) $ $ Z, Sao 16 1 Install Erosion Control BNfP's LS $ (0, $ (8,000 Total Amount Bid in Figures: $ 296. A 978 Total Amount Bid in Words: 7,'io-/ ...... 1A ............................................. . . ........................................ C-2.3 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. Portion of Work Name and Address of Subcontractor State License Number Class ti%Drr�+i JOuT1-tuJES� ` 6/Mil S�4�7�J G'IZ CLFA 0- J V L9N6 te,41-t'u6r "7s'�3ocp t�— By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Kurt T. Cutler , being first duly sword, deposes and says that he or -she is President Of Southern California Grading 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 refi-ain 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. Southern California Grading, Inc. Name of Bidder Signature of Bidder 16291 Construction Circle East, Suite A Irvine, CA 92606 Address of Bidder Subscribed and sword to before me this 26 day of March NOTARY PUBLIC 20 13 JILT. CECIL Commission 19699" Notary Pubiic - Caftmia Omnoe Counq M Comm. Expires Feb 18. 201C NOTARY SEAL c-a 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 LAMBERT PARK SLOPE REPAIR, CC No. 1337, (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 petfortned and the hazards invoh,ed." The undersigned also promised and agrees that all such work shall be perfonned 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: 3/26/2013 Southern California Grading Contractor y� - -�. Kurt T. Cutler �B y President Title C-s 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 govenunent project because of a violation of law or a safety regulation? ® Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 03/26/2013 Southern California Grading Contractor /By%Kurt T.ler President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this forth is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Set -vice Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number; Date; 3/26/2013 No Id number - ticket number to be determined Southern California Grading, Inc. Contractor / By/ Kurt T r Cut -le President Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms niay be obtained front the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Southern California Grading Bidder Name 16291 Construction Circle East, Suite A Business Address Irvine CA 92606 City, State Zip �949 ) 551-6655 Telephone Number 275738 A and C12 State Contractor's License No, and Class December 1971 Original Date Issued 02/28/2014 Expiration Date The work site was inspected by Greg Cooper of our office on March 22 2013. The following are persons, firms, and corporations having a principal interest in this proposal: Kurt T. Cutler - President Stephen D. Toth - Vice President Robert E. Cutler, CFO, CEO 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. Southern California Grading, Inc. Company Name Kurt T. Cutler Printed or Typed Signature Subscribed and sworn to before me this 26 day of March , 20013$a . JILL CECIL Commission # 1969990 Notary Public - California Orange County NOTARY PUBLIC ,G� r My Comm. Ex Tres Feb 16, 2016 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, Bali Construction - Saticoy Slope Repair Name and Address of Public Agency Name and Telephone No. of Project Manager: Mark Hatfield 616-442-8003 x133 $40,000.00 Grading/Slope Repair 1/17/2013 Contract Amount Type of Work Date Completed 2. City of San Bernardino - Ogden Reservoir Name and Address of Public Agency Name and Telephone No. of Project Manager: Reece Berger 951-973-7393 $370,000.00 Grading not completed yet Contract Amount Type of Work Date Completed 3. Palm Springs Unified School District - Rancho Mirage High School Name and Address of Public Agency Name and Telephone No. of Project Manager: Kevin Laird $770,000.00 Contract Amount Grading Type of Work C-10 760-202-4815 12/13/2013 Date Completed BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Southern California Grading, Inc. as Principal, hereinafter called the Principal, andthe Hartford Fire Insurance Company Of- Hartford, Connecticut ,acorporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter, called the Obligee, inthesumof Ten Percent of the total amount Bid --------------------------------- Dollars ($ 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 Lambert Park Slope Repair 1118321 Newland Street" Project No. 1337 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 21 s t day of March 2 01.3 Southern California Grading, Inc. (Seal) Principal Witness Title 4 1L- Hartford Fire Insurance Company �_e 41 Jon ath n C. Proctor Witness { By�h—� ........ ............._.._...-._..........._.._-...__......__._..._....................._............._..._.-........_._................_......._-..................._......__ Rosa E . Divas Attorney -in -Fact Jpti�na! �o3�nter Sirnaiure t�rca' S-0054/GE 12/00 XDP CALIFORNIA I STATE OF CALIFORNIA County of Orange On 3/21/2013 before me, Jonathan C. Proctor Nota Public Date Here Insert Name and Title of the Officer personally appeared Rosa E. Rivas ---------------------- ----------------------------- —--------- ---------------------------------------- Name(s) of Signer(s) JONATHAN C. PROCTOR Commission # 1995645 ®� Notary Public - California Orange County Mx Comm. Ex Tres Oct 27, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons} whose namefs� is/af4a subscribed to the within instrument and acknowledged to me that'helshe/MW executed the same in fiislher/thsjC authorized capacity(fea), and that by,Tislher/their signature(&), on the instrument the person*, or the entity upon behalf of which the person(. acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California- that the foregoing paragraph is true and correct. i Witness my han, a d official Signature Signature of N tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Direct inquiries/Claims to: ATTO THE HARTFORD -4 'IrPhOWER OF BOND, P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: -72 180259 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut OHartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut OHartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois OHartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana OHartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED WILLIAM R. CURTIS, JOHN F. MONROE, EUGENE T. ZONDLO, EDITH GARIBAY, ROSA E. RIVAS OF IRVINE, CALIFORNIA their true and lawful Attorneys}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �sloesate7� sl87=,` I9Q1 tr ,���� l+ljT �eti�+ 9 '�ti7sa�s° b9�}►► r f Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT Ss. Hartford COUNTY OF HARTFORD On this Td day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by likes authority. f/�) Scott E. Paselca Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 21, 2013 Signed and sealed at the City of Hartford. M. Ross Fisher, Assistant Vice President � ' b: KWrilYlfnn ► i9Pr � a dr'4"4,L,�i, �� ,'.' o`+m„sr�e A ro0ma' :�SeTe4y� �tDTB y�` I9Rf tr Gary W. Stumper, Assistant Vice President POA 2008 CIVIL CODE § 1189 State of California County of Orange j On 3/21/13 before me, Jill Cecil, Notary Public Date Here Insert Name and Title orthe officer personally appeared Kurt T. Cutler Name(s) of S'gner(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 JILL CECIL laws of the State of California that the foregoing Commission 0 1989990 paragraph is true and correct. ®� Notary Public - California i z Orange County ' WITNESS my hand and official seal. My Comm. Expires Feb 18, 2016 Signature: •�-�� A Place Notary Seal Above Stgnalure of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tille(s): ❑ Individual a LJ Partner — F1 Limited ❑ General Top of thumb here ❑ Attorney in Fact n Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): U Individual O Partner — ❑ Limited ❑ General Top of thumb here iJ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: c) 2010 National Notary Association • NationalNolary.org • 1-800-US NOTARY (1-800.876.6827) item u5au: City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 4 www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk June 11, 2013 Western Group, Inc. 21777 Ventura Blvd., Ste 224 Woodland Hills, CA 91364 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand Western Group inc. 21777 Ventura Blvd., Suite #224 Woodland Hills, CA 91364 7 A QY, y, N'11(1. -N :A aim, 46 -rS re - A qw- SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, findVz2oA, in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received �� � � Bidder's Signature,�a C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: CC No.1337 C-2.1 $ 2,fy I �,q0? PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 Run No.: . stimated:.:. Quantity. .. .. ::: .. . Bid Item: D.escriptinn:: ,:.: ::::. .... . LTnit::Price::: extended:::_: ; ,..Amount.:: 1 1 LS Mobilization $ I/ $ � j CJ lJ 2 1 LS Construction Survey $1(/0, $ C'/ 3 1 LS Construction Traffic Control Plan (No Traffic Engineer Stamp Req'd) $ J oig $ �� ' 00 4 1 LS Furnish Project Traffic/Pedestrian Control v sJ 5 1 LS Clearing and Grubbing (incl. all TreeNegetation Removal) $ J 2, o �$ j Z, e w, 6 1280 CY Unclassified Excavation $ 3 � CI O ( $ .110 � 7 1660 CY Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) $ �J� 0a $ S 110 SY Install Mirafi 1120N Geofabric $ � $ if Poo 9 15120 SF Install Biaxial Geogrid BX 1200 (Type S2 or equal) $ l' $ 'ail 10 900 SY Install Geojute Natural Erosion Control Fabric (per Plans and Appendix II of Specifications) $ $ C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 tein No: ::. stima. a ...::.. ... Quantity :::. .::::: ;:: ;::::::.. .:: ;: <: ;;: :.:.. Biel Item Description ; Unit Price.:. Amount <: 11 610 TN Construct Crushed Aggregate Base Wedge (@ Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) $ � a 12 55 LF Remove and Replace Existing V-Gutter 13 1 LS Replace Damaged Portion of Existing Irrigation System 4D O 14 2 EA Survey Monumentation rr $ Z7011 $ yi �av 15 8000 SF Apply Hydroseed with Soil Binder (per Plans and Appendix XI of Specifications) { $ Cj 0 (� $ (� 16 1 LS Install Erosion Control BMP's Total Amount Bid in Figures: $ °ZS 7 q kP Total Amount Bid in Words: I t -0 L4 ✓f /e d �--- -C ti �5�•�`� -- ---��r��' ---------------------- --------- ----- - ------------- -- C-2.3 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. Portion o Work Name and Address of Subcontractor" State License 'Number pe'A'04)� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �✓ ( , being first duly sworn, deposes and says that he .op -sheds of � &W0 (jra" ( the party making the foregoing bid that the bid is not made in the in—te of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC Name of Bidder 4 ignature of Bidder 2flT7 dLqjU40 & -90L�ii #,//�' (A Address of Bidder y day of , 20 tS . NOTARY SEAL C-4 ACKNOWLEDGMENT State of California County of Los Angeles ) On March 21, 2013 personally appeared Meir Levi before me, Katty Molina, Notary Public (insert name and title of the officer) 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. KATTY MOLINA Commission # 1884472 WITNESS my hand and official seal. Notary Public - California Los Angeles County NNIVIV Comm. Wee Mar 28 2414 Signature �� (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PARK SLOPE REPAIR, CC No. 1337, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 2. [ 20� _ML& Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Z I 4 Contractor i By \ KL&-JWk Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Tvs'JDA, Title Date: ��� 2-�� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A Bidder Name \J bAkyc�, LY>\� 'Stc 7�-4 Business Address \N�\.aXA bk 913ull City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on 3 , 201 The following are persons, firms, and corporations having a principal interest in this proposal: �o 1(A C 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 f. Signature of Printed or Typed Signature 13- Subscribed and sworn to before me this day of iCi" , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2- Name and Address of Public Agency Name and Telephone No. of Project Manager: V 6 \� , Contract Amount Type of Work Date Completed 2. �',\-�-\A �� �: J-N - �LW N, Name and Address of Public Agency Name and Telephone No. of Project Manager. )IOU IuQk Contract Amount Type of Work Date Completed 3. (YxW ak .'Y) m 5-t)1 TD U S� . v Name and Address of Public Agency Name and Telephone No. of Project Manager: ��Q1�. �!1`Mi�1 an Contract Amount Type ot Work bate Completed C-10 ACKNOWLEDGMENT State of California County of Los Angeles ) On March 21, 2013 before me, Katty Molina, Notary Public (insert name and title of the officer) personally appeared Meir Levi 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. KATTY MOLINA WITNESS my hand and official seal. Commission # t884472 LiFf Notary Public - Californla Los Angeles County My Comm. Ex Ues Mar +A 014 Seal Signature t�J 9 (Seal) r - THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bond No. 1000941709-83 KNOW ALL MEN BY THESE PRESENTS, that we Western Group, Inc. 21777 Ventura Blvd., Ste 224 Woodland Hills, CA 91364 i Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and American Contractors Indemnity Company 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 2000 Main Street Huntington Beach, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obiigee, hereinafter called the Obligee, in the sum of (10%) Ten percent of bid, not to exceed seventy thousand and 00/100 dollars ($70,000.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. 1337, Lambert Park Slope Repair (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed on March 20, 2013 (Witness) (Witness) Vanessa Copeland Western Grou Inc.,, � arm erfl)(' /� 2_)C4: i/ r (Title) (Title) Stephanie H AIA DOCUMENT A310 BID BOND AlA g FEBRUARY 1970 ED THE AMERICAN Com (Seal) INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. , Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange Irene Luong, Notary Public On r.2 before me, + I Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(a) is/aye subscribed to the within instrument and acknowledged to me that #ie/she/thay executed the same infiis/her/their authorized capacity(iss), and that by kits/her/their signature(a) on the instrument the person(&), or the entity upon behalf of which the person(s) iR-NE LUOaG acted, executed the instrument. ;dr.4^K4y�;�;y+� Ccm,��issio,f # t5E3838 z',,R - ; Notary Pabiic - Cali onnia z I certify underPENALTY OF PERJURY under the laws of Orange County the State of California that the forego' paragraph is true fly Comm. Expires fkAar On 171)14 4 and correct. Witness my hand ffi ' s al. Signature Place Notary Seal Above Signature otary - blic 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.Nationalhlotary.or<g Item «5907 Reorder: Call Toll -Free 1-800-876-6827 — i I lill fl i�llilll�ii —_ _ i�li illy ,I i I�lll�i IIII ' i I i I it IIIIIII II I III � I II III I I,�I, - _ = �I''�I' Ihlli II Ijl IIII; III III�!9'IIIIII I II,'I,�,il, = - jj� l�,llI��II i6�l6 !II'huIIIII�IIIIdIJI;MN -- -POWER OF ATTME AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That Am rican Contractors Indemnity Company, -a California corporation, United States urt - -an a M land c oration I'nl'd,'''iU;I l !;I• ecial Insurar Sri texas corporation--eQlle€ive_==#Zie_-_ Y glll ll to l I l lllo IIII IIII I. d l I I II; p tY = )tea — y' rn anie o these presents, oni, to oint: _ " Shawn Blume, Stehanre' Hoang, Eric Lowey or Mai-01—Matson of Costa Mesa, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to executtacknowledge and deliver any and al b nds, recognizances, undertaldngs _ or other instruments or contracts�f u �• ude riders amen) m "' 3 iO II IIIII' o II IIjIV h, two _ � ,I , is of surety, pr iir the d penalty does not exceed = —Te Million***:,,u!pi!Iluullll II�91'IIdI,Vd ,�IV, Dollars ($0* T i =Power 6EAttorney shall exp l t r do on March 1 " d o u ulm of ^ _ -- _ _ —= _`= h1 - _ _ g'�'���I dluu��!l;l -lllI�Ijl�lu�llllllfbwei� of Attorney is gr�tt�E��.rncfer hm 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 provisions:— VI l llllil 1. III €fnrnein-elrrrae given full power an'IdiautLho n �in a!' a of and on behalf_ pa.ticeccknowledge and deliuer�nynd all bonds rec izatrcesrconLraets= ageements or i deirill��llill 'II'lidl ll lbl! er l IIIIo III�� � I I 1 or obligatory u�erMr i�rd � � all consents forthbWease ofretained IIIIUII IIIIIII rliyl IIIIIII y III a IIIV III'llll II! II! — — - -- - �er�€ntag�7eina�stimates on engiln'ee g�� r�ons �Iilbnlaontiacs, and any and awes de�atancng o{ termmatinie Cam��y s habihty �ei•eunder, and any such instruments so exeout 'd!liy''anyl such Attorney -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__undertakiig to which it is attached.— �IIII°�hNr!II� IIIIII j hglll u1'' YII hllll� IN=WITNESS WHEREOF, The Comm cetinstrument td �t a t ear b Fate seals to bed — 2011.hll!illll�111�'!V!P�'ll,Iliilllllllullloll� �JIII!I��I - 3rd-day ofOctaber, — — III AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Co�or�eal ; ._ �'� ill4plljldlllllll � lil' � p II!TIIIIi�pI — _ - — qA �i IIIII, III Illli li IIII = 1 IIIIiIP ai 111 !!IIIII, g l lllil r i'� .III By:- 1* Dames Xg�uilar, Vice President State of California County of Los Angeles SS: _ I I !I II 'illllgl I IIIII '' rd On this 3 dayof October, 2011, tse�t �Yr—�i�--_-I�orWN a notary pub it a so .aaahln ap ed IIII aniel P. Aguil €.e e r en€� �IIII�ITI P, II udml II �j��w gllll!116 - -_ - - = y ---an��- ty P ��'iluulu' IIIIIII S'c!'ltylllinsutance Companpv2me= — - American Contractors Indemnity nssnre Com an .�I„ on the basis of satisfactory evidence to 6e the person whose name is subscribed to the within instrument and acknoNO ged 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. mlPlu ullll'Ipilltlglillllll IIILjIII jl _ crtif�unr�7NALTY OF PERT IYII'In�� h l bf the State ofr t tiing paragraph is true and correct P ,III IIII �SS�r an��nd official sell! — — � = �ll���l �II�illiul� ��!I�I I III�tll6, l s IIIII' Ills i, a Ili al _ Signature (Seal) Iskok- tas des 0011" Ilul�l� I, Jeanrl Lee Assistant Secretary of Arn cat tr s Indemnity Compi nylll�T t�c'dl l tat IIVIDirectors, urety Company and L SM I_ty - a I!!lul IIIIIII IVIIII!III Illlq III '4 Power of Aee Insurance company=, do hereby ce�i�hi�bQ_—Wf6regoing is a an o ctI � tt �I�'lill'I'I 'IIII Illill III �Illllllllllhll'! �� ' said Companies, which is still in fu Lfbm'- i in rnore, the refs; Vllllllll! IIIIo I I I t 13�ar s set�rt-� t� I�wero� _ — -- III „�ii dVi�lmdi,uuuVn Attorney are m 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 Z day - of=���C���ii� - - Bond No. it Agency No T },l SEAL s i Jeannie Lee, ssistant Secretary - '�' I ,IIII, III I� 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 June 11, 2013 Zusser Company, Inc. 52 Palisades Dr., Ste. 504 Los Angeles, CA 90272 RE: Lambert Park Slope Repair — CC-1337 Enclosed please find your original bid bond for CC-1337. Sincerely, ivv' 67 Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand ser Company, inc. Palisades Dr. #504 kngeles, CA 90272 310-230-6808 ke 58, (20. 00 va?ARSP (Sto 13. CLAAADID S f-z6 113 11V6? irr 4 2� 0 17 1,5 L5 'L/ C. rl SECTION C PROPOSAL for the LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET CC No. 1337 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 seventy (70) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and may readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find �� in the amount of $ 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: /7017e Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE LAMBERT PARK SLOPE REPAIR 18321 NEWLAND STREET PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT INWORDS: CC No. 1337 �Wn (2o -e-t,rV Vwttjc&wr1 C-2.1 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 tem ... Qa : stitnate ::::::::::::.::... : Qua>�ttttY:.:::::....... :::. ;::Bid:Item:Diescr ptiari:::::::.:::. ..... ;::::::::::::::::::::: :.::::::::::::::::::::: ; ...xtede :.: ..... :: U.......hit . . : . ::.::::::::: : : »::.:moult: . 1 1 Mobilization LS $ D o00 $ /00 000 2 1 LS Construction Survey S /0000 $/0'000 3 1 Construction Traffic Control Plan (No Traffic Engineer Stamp LS Req d) $ 4 000 S !�i 0t70 4 1 Furnish Project Traffic/Pedestrian Control LS $ 'is 000 S 00 5 1 Clearing and Grubbing (incl. all TreeNegetation Removal) LS S 30Z, 000 $ 312, 000 6 1280 Unclassified Excavation S 30 $ 39 q0 CY 7 1660 Engineered Fill Soil (per Plans, Section 300-4 and Appendix X of Specifications) $ $ !b'J �00 CY .3s 8 350 Install Mirafi 1120N Geofabric �y VS0 SY S 7' $ 9 15120 Install Biaxial Geogrid BX 1200 (Type S2 or equal) YS `120 SF $ $ 10 900 Install Geojute Natural Erosion Control Fabric (per Plans and Appendix 1I of Specifications) 1100 SY $ $ .4, C-2.2 PROJECT BID SCHEDULE Lambert Park Slope Repair, CC-1337 ItemEstimated i�o; : :::::::::::::::::::::::::::::: . (Quantity.::.: ........... ...... ::......:: :Bidltem:Descr' ti;�n::.... :::::::::::... ........... . :::::::::::::::::::::::::::::...:.:::::::............ . ............. ........ ..... :: U.... �rxce.. :Extended:::: ..... .......: ...... 11 610 Construct Crushed Aggregate Base Wedge (na, Toe of Slope per Plans, Section 200-2 and Appendix X of Specifications) 7%' TN $ $ Coo 12 55 LF Remove and Replace Existing V-Gutter / 13 1 Replace Damaged Portion of Existing Irrigation System LS $ /0, 000 $ A 000 14 2 EA Survey Monumentation $ 2000 $ 000 15 8000 Apply Hydroseed with Soil Binder (per Plans and Appendix XI SF of Specifications) $ ®, S0 $ ZZ 000 16 1 Install Erosion Control BMP's LS $ A0 000 $ /0� 000 Total Amount Bid in Figures: $� 7 Total Amount Bid m Words: Iwo h inVWeq' ei -j�or cS can �;� hc�rre� tu1e� C-2.3 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. Portion of. Work Name and Address of Subcontractor State License Number Class �� h�✓� i� �Gme �n't�b z 01 4eye C77 SyZ05-o yon 1v&s7 � 1 Cf� By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Gmlca �� S , being first duly sworn, deposes and says that he or she is jJ/LZS% Pn'!'t of CO/'► ezt!�y the party making the foregoing bid that the bid is not made in the interest of, or on the be alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder OM two N�05- ti: Ste. = Signature of Bidder MAY 23, = S2�' ��'S Cc cue s ei ve -510Y 2005, P oa -. •.c9t�FOAy{-os les, Address of Bidder Subscribed and sworn to before me this Iq day of AAq rat .20 17 NOTARY PUBLIC C-4 JOSE SANCHEZ Commission # 1972433 �i Notary Public - California z Los Angeles County My Comm. Expires A r 14, 2016 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAMBERT PART{ SLOPE REPAIR, CC No. 1337, (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: eJ 14 I3 C-5 Contractor Y Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes >�No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 311 C-7 Zze,e �o�T Contractor Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Gcsse/4� 6 , J" Contractor 61 Title Date: 4/—/ 7 %3 0(1 ..iC-d 3 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. _Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION' BIDDER certifies that the following information is true and correct: oeazeR (o/V ��L4 . Bidder Name ' Business Address 6(0X .e%�, �/ 9o,242 City, a State Zip (3/o ) aid - GJFOF Telephone Number ,06 Ya16 %14i /8 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by N, 1506/0901/ of our office on / dif4if h- /Z , 2019 The following are persons, firms, and corporations having a principal interest in this proposal: o" sa ca,s-s hz-s IVI;ehai 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. usseR f- ---1-I ,KTI-- Printed or Typed Signature Subscribed and sworn to before me this 1 I day of JOSE SANCHEZ Are Commission # 1972433 614y Notary Public - CaliforniaLos Angeles County NOTARY PUBLIC � Comm. Expires Apr 14, 2016 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. 5-e e_ 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Project References: Project Name: Phase 2C Liner Construction at Savage Canyon Landfill Agency: Whittier Utility Authority Agency Address: 13230 Penn Street, Whittier, CA 90602 Agency Phone: 562-567-9500 Project Address: 13919 East Penn Street, Whittier CA — Savage Cyn Landfill Project Dates: 2012 — 2013 Contract Amount: $1,800,000 Contact Person: Daniel Wall Phone: 562-567-9545 Fax: 562-567-2874 Scope: Construction of a Lined Landfill Cell for Phase 2C at the Savage Canyon Landfill located in Whittier. The work consist of Mass Excavation, Subgrade Preparation, Earthwork, Installation of High Density Polyethylene (HDPE) Geomembrane, Geosynthetic Clay Liner (GCL), Geocomposite, Geotextiles, HDPE and PVC Piping, Surface Water Control Structures. Project Name: Saddle Peak Road at Culvert Marker 0.18 Agency: County of Los Angeles — Department of Public Works Agency Address: 900 South Fremont Avenue, Alhambra, CA 91803 Agency Phone: 626-458-5100 Project Address: Saddle Peak Road and Schueren, City of Malibu Project Dates: 2010 Contract Amount: $1,500,000 Contact Person: Robert Eisenhamer Phone: 626-458-3155 Fax: 626-458-2197 Type of Work: Restoration of Roadway 1:1 Slopes including Unclassified Excavation, Unclassified Fill, Imported Borrow, Keyway Excavation bellow Bedrock, Construct AC pavement, on Base Material and AC Pavement (inverted shoulders) Guardrail with Terminal Section, Landscape and Erosion Control Blanket, irrigation System, Rubber Gasketed RCP, PVC, and CSP Lines, Reinforced Concrete Pipe Anchors and Masonry Drainage Structures, Concrete Riprap Project Name: Lake Wohlford Penstock Slope Repair Agency: City of Escondido Agency Address: 201 N. Broadway, Escondido, CA 92025 Agency Phone: 760-839-4617 Project Address: Lake Wohlford Road & Powerhouse Road, Escondido Project Dates: 2008 Contract Amount: $508,000 Contact Person: Neil Greenwood Phone: 760-839-4078 Fax: 760-735-5782 Scope: Remediation of the failed portion of the Lake Wohlford Penstock Slope, Clearing & Grubbing, Removing Boulders, Cobbles & Loose Soil, Excavation, Place Sand -cement Fill, Construct Slope Drainage Ditches, Construct Splash Wall, Benching Slope Surface, Vegetate Slope. Project Name: District Facilities Relocation Project, Otsuka Site, Grading and Paving Package Agency: Santa Ana Unified School District Agency Address: 1601 East Chestnut Avenue, Santa Ana, CA 92701 Agency Phone: 714-480-5355 Project Address: 720 N. Fairview Ave, Santa Ana, CA 92704 Project Dates: 2008 Contract Amount: $1,900,000 Contact Person @ PCM3: Michael Barber @ 714-231-1096 Contact Person @ SAUSD: Mo Nabi @ 714-476-1467 Fax: 714-668-9154 Scope: Site Demolition, Mass excavation, Earthwork, Grading, Import & Export soil, Concrete Sidewalks, Curb & Gutters, Ramps, Driveways, Asphalt and Concrete Paving, Striping, Masonry, Fencing, SWPPP. Project Name: Landslide Repairs at Diamond Bar Center Agency: City of Diamond Bar— Public Works Agency Address: 21825 Copley Drive, Diamond Bar, CA 91765 Agency Phone: 909-837-7060 Project Address: 1600 S. Grand Avenue, Diamond Bar, CA 91765 Project Dates: 2007 Contract Amount: $267,010 Contact Person: Bob Rose Phone: 909-839-7060 Fax: 909-861-3117 Scope: Landslide Repairs, Drainage System, Excavation, Landscape and Irrigation, Rock Gallery Excavation. Project Name: Marquita Storm Drain Reconstruction Agency: City of San Clemente — Public Works Agency Address: 910 Calle Negocio Suite 100, San Clemente, CA 92673 Agency Phone: 949-361-6100 Project Address: 221-225 West Marquita B1, San Clemente, CA 92673 Project Dates: 2006 Contract Amount: $315,000 Contact Person: Ken Knatz Phone: 949-289-3857 Fax: 949-361-8234 Scope: Slope Failure Repairs, Demolition, Geogrid Reinforcement, Storm Drain Reconstruction (RCP & HDPE), Excavation, Piping, Concrete Paving, Driveways, Ramps, Small Structures, Landscape. 2 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, that we Zusser Company, Inc. 528 Palisades Dr, Ste 504 Los Angeles, CA 90272 (Here insert full name ,and address or legal tide of Contractor) as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company a corporation duly organized under the laws of the State of OHlO bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA as Surety, hereinafter called the Surety, are held and firmly (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of (10%) Ten percent of the attached bid amount ( 10% of bid amount ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. 1337, Lambert Park Slope Repair (Here insert frill name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terns 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,4id4g; h s obligation shall be null and void, otherwise to remajaiut+ftllil!o4ie and effect. ►�.►`�Gompan"',y ►►►,►►'l,bompals,®6��.� Signed and sealed on March 15, 2013 �`g���+��',L•.10 '��7 Fi � N : ;' Z set Com an Inc. 23 MAY ci al 05 (Witness) •,1! �• �t7thF�, TJ-,Ohio casualty Insurance Company "Iloilo 1401 "�,�,�, (witness) Vanessa Copeland (Title) Stephanie (Seal) AIA DOCUMENT A3i0 BID BOND AIA V FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. , Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3' S c3 before me, Irene Luong, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) iRE1F_ Ll)Oi'dG 1J, ° Commission # 1883838 Notary Public - California z Orange County n 1p,! Carom. expires �1ar 22, 20i4 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(-s) is/aFe subscribed to the within instrument and acknowledged to me that 4e/she/tray executed the same iniiis/her/their authorized capacity(ia ), and that by Eris/her/their signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �\ i Witness Signature OPTIONAL of 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: Stephanie Hoang ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner— ❑ Limited ❑ Gen erai ❑ 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 • mvw.NationalNoiary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5516485 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ERIC LOWEY; MARK RICHARDSON; SHAWN BLUME; STEPHANIEHOANG........................................................................................................................................................................................................................................................................................... all of the city of COSTA MESA , state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power ofAttomey has been subscribed by an authorized officer or official of the Companies and the corporate seals oftheCompanies have been affixed thereto this 13th day of August 2012 . J�~�l INSuu�ZEN,� r v£�� Ak!f',?Ty4 co�sss t3 STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company By: Gregory W Davenport, Assistant Secretary On this 13th day of August , 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and WestAmerican Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: KID Riley, Nota Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andA`iitlionzations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, WestAmerican Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman orthe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by.the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 _ l day of YC. i� , 20a . £,AN xi ti�� Ixsr q ;tsuA� F SuaA c�c ANTE �l�v j _. _ ; 0L S =li: /`�. 9�L7Y QI ,_..._nt x Si�:At, f� llCQiKk1YEF ij �\ f� �DsgK �t JT 1 By: a ��5'�.1.�� David M. Carey, Assistant Secretary C4�����N4-/mod ssrcfg x\EN_E, POA-AFCC, LMIC, OCIC, PIC & WAIC LMS_12873 041012