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Gass Construction Company, Inc. - 2013-08-19
RECEIVED BY: (Name) `i (Date) • CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH , INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cle//rk a DATE: ZO Lo y� e SUBJECT: Bond Acceptance I have received the bonds forJ� 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 I �A)13 ;-)Utk C. /")6 A J (Company Name) 7 Approved lI O (�/ (Counci(Approv lDate) Agenda Item No. 11A City Clerk Vault No. SIRE System ID No. r�S� I•�� City Of Huntington Beach OU INTER -DEPARTMENT COIVIMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric Charlonne, Construction Manager DATE: 1121114 SUBJECT: Retention Release Payment Company Name: GASS Construction Company, Inc. Address: 1401 Warner Avenue, Suite B City, State and Zip Code: Tustin, CA 92780 Phone Number: (714) 247-1040 Business License Number: A2s7273 Local Address: Notice of Completion Date:10/28/13 Contract Purpose: Retention Release CC 1447 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 sub U'z'� I ze� Date �� Travis K�! ct at this time. Hopkins, Public Works Director I certify that there are no outstarding invoices on file. I 1 I _ 9 ate , Deputy City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. f ,' L-30 Dat a fi Flynn ty Clerk De - retention 3 signature memo 1447.doc �'� 1/21/2014 10:41:00 AM Certafiicatiion of CompHaance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC 1447 Project: Edinger Avenue _ _ _ _ _ icyclePath Project The undersigned contractor on. the above -referenced project C"Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watcbmen 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 paazticular 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 20th day of January , 2014 , at Tustin , California. GASS Construction Co., Inc. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] Gennady Chizhik tj, yt�jl, President CM ATTORNEY `i'LS b3• o"b • (Stc 2474423 Certification of Compliance with Title VII of the Civil nights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC 1447 Project: Edinger Avenue BicyclePath Preject The undersigned contractor on the above -referenced project C Project'I 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). l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th day of January , 20 14 , at Tustin , California. GA.SS Construction Co., Inc. (Type Contractor Name) By: Nam Title Gennady Chizhik President 1 I45911.1 rIW.� -riJ 3 • -C�b • CAP CONTRACTOR'S CERT)rFICATE Gennady Chizhik �� , state and certify that: (Name of Declarant) 1 GASS Construction Co., Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. CC 1447 (the "Contract') for the construction of the public work of improvement entitled: Edinger Avenue B c cle Path Project (the ` Project' 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 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'): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Tustin, California APPROVED AS TO FORM on this 20th day of January, 20 1 4 . -- �A .,;- 9� (Signature of DeclarazM By: sj 1 -7%n 3 zo OCR Name: [Type Name] Title: [Type Title] 245914.1 Gennady Chizhik President RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk / ' Z*IAO / (/ Bond Acceptance I have received the bonds for J� 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. g1forms/bond transmittal to treasurer (Company Name) �--57 7::0 Approved — ?Ilq /a/)/-� (CounglApproval ate) Agenda Item No. City Clerk Vault No. SIRE System ID No. KNOW ALL MEN BY THESE PRESENTS: That: GASS Construction Company, Inc. [corKradoes nam] 1401 Warner Avenue, Suite B, Tustin, CA 92780 loonbwWs ab W addws, city and state ared 4 code] as Principal (hereinafter called Contractor), and; Western Surety Company tsuretya name] 1455 Frazee Road, Suite 801, San Diego, CA 92108 Isu"'s sliest address, atY acid state and of t code) a corporation organized and excsting under the laws of the State of South Dakota with Its principal offtce in the City of Sioux Falls as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), In the amount of Ten Percent of the Total Amount Bid Dollars ($ 10% ), 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 August 19, 2013 entered into a contract witty Owner forthe CC1447, The Edinger Avenue Bicycle Path Project In accordance with drawings and specifications prepared by The City of Huntinqton Beach which contract Is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provkfes that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duty 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 October 28th . 2013 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and aft defects arising In the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be nuii and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either. (a) remedy the default, or (b) shall promptly complete the Contract In accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract In accordance with its terms and conditions in a timely manner. Whenever the Principal shalt be, and declared by the Owner to be In default under the Contract, which shall include without limitation, any breach or default of the Contract , then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either; (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the principal, at its own expense, and make available --1.- to-2567150583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder; provided, however, that the procedure by which the Su" undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the defautt(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the 'date of commencement of Its cure or remedy of the Principal's defoutt(s) or its performance of the Contract. The Sums obligations for curs or remedy, include but are not limited to: correction of defer ive work and completion of the Contract, additional legat, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or If no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance by the, Principal). The Surety shall give prompt written notice th the Owner upon completion of the cure or remedy of the Principars default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entided to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 6th Principal Raised Corporate Seal IMU ST BE AFFIXEDI Principal Raised Corporate Seal IMUST BE AFFIXED) day of November NOTES: 1. Acknowketlgmerns must be c mvk tad and retained as part of the bond. 2. Raised Corporate Sears are mandatory. & flaw attach Power of ABomey. 10-2567150593 20 13 GASS Construction Company, Inc. (CortbacG Nam) By (Seal) Gennady Chizhik President (Title) Western Surety Company (Surety Name) BY: ��`�� (Seal) rey R. Grye, ttorney-in-Fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty 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 axed hereby make, constitute and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby carderred to sign, scat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar namre - In UnUmited amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized oflicrr 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 -Taw printed on the reverse hereof; duty adopted as indicated, by the shareholders ofthe corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President wW its corporate seal to be hereto affixed on iris ►Bth day of October, 2012. r WESTERN SURETY COMPANY p °'�*r a 4C AN' ,dT aul T. Bruflat, Vice President State of South Dakota ss County ofMinnehaha On this Il#h day of October, 2012, before me personalty came Paul T. Bruf)A 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 instnmicnt; 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 June 23, 2015IQZ)=anuors WA '� J. Mohr, Notary Public CEIdTWIICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove 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 ofthe said corporation this 6th day of November 2013 WESTERN SURETY COMPANY aT L-0I K ------- — �- L.-Nelson.-AssistantSecretary-- Form F421104-2012 State of California County of Orange On November 6, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. P. zErs y COMM. #1974059 z Z`s Notary Pubfic - California -0 Orange County 0 \ Nty Comm. Expires Apr. 29, 2016 Signature (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title otdescrirhernnfaetachGctct+ uaherhtj a Title or dcseriptian ofattsched document CMAiouecll NUIV1Cr Of 1?ngc�S I} y u.mcnt Date IAddstcrtn;rl infctraratirntp CAPACITI' CL INIED BY THE SIGNER C! Individual (s) U Cogworate OtTtcer i-itle � Fartrter{ s} IS Att(arney-in-Fact ❑ Trustee(s) ❑ Other rNSTRUCTIONS FOR C•ClMPLE-I- NG THIS FORM nv acknowfe-dgnreirr completed in Cakfotmir mrw cofaain rerLrxrsgc eracilp as ,tde#ieurs of--ot* in rite notary section rrr a .iedmrwe Rios; Fw pro,,w(v cnmpfeted arid artached tag drat t#Uerrnrtrrt_ The onir exr:epriouj it if' a dorumem is to 6s roc+�rri x{trtirsfA`t of Cafr(crrria_ Frr sarcdr rrrrrcrmr•E , aw adternvrive acLrrt7vvky men) sir-ahrage, as mart, be priz;W .srr srcdr a docitmerrr sv long as rite iv-r-Nagr does not reurtir✓* riw noiag to do sovieriring than is iiieg"T1. fdv- a "orarr in Griiffrrtia fi.c cert&ing rite awhorr_ed capacitir of he signer). Please check Me doc•umew carefxilP for proper noaarieri a nr }irr and attach tiers form i equtred. • State and Ccrunm• infonnaiion must he like State and County where die dxmnem signer¢s1 per-winally appeareJ befirrethenotarypublic ftrrnckmowIer-kgment. • Date of antat ation must be the 40e that the signert;s? persartaidy appeared which must akrt he the :zaine, dnie ihr acknowledgment as : ampteled. • The notary public ;must print !sit „r her name as it appears within Iris or her com migsion followed by a comma and then your iidlel,nviftry public). V Ptitst the natneff�I of 30awncel stg icr(a) who petstxisatty sppoar at the Limo of nfl4triamtia111. r Indicate ihr correct singm&zr or plural fcnn!i by cnw%ing tiff inrcorrect fcfms (i.e. ima :ilhvd"yv is M +e 9 or circling. dltr uonixi tunas, Fitilurt in correctly inditAir this intomiation stay lead to rcj=dirmh t)f Jucunwrio reccading- • `t'hc notary seal itupres}ion enure be clear item pwUlijerdpiicalty reproducible. hnpression truest act¢ covcr tehl ,it lines, ff seal impression sanudges, It: -se -al if a sufficient area pc-rni;t;, othemise .rFmplett a differmi acknowledglttw fern, • Signature of the notaq pahh+: must nhatch the signature on file will* the rrtt"ace ter thecrrnnty clerk. 4t Adiitivaral intbrnratdnn is mot mg9t4kt3 but cuuM help to ensurr this ackikowledgraent is not ttuswed or anached to a different tincuoicnt. •y Indicate title rn f}pe of Bnached document, ntanbetr ofpiges .and date. °r tndlCACe tic aprtcity claimed by the aistier if the claimed capacity is a GNrporale ni I n:er, indicate tie to le { i.e, CEO, C Fd a, Secretary). d Sec-urtly attach this document to the signetl &:-hint nt CER'TIFICA'TE OF ACKNOWLEDGMENT State of California County of Orange On Nov. 7, 2013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) person- y appeared Gennady Chzhk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/Ve subscribed to the within instrument and acknowledged to me that he/>ke/tom executed the same in his/�wrf/fir authorized capacity), and that by his/ /Skein' signature(i) on the instrument the persons ), or the entity upon behalf of which the person(.81 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. BARBARA A. MYERS Commission # 1980419 Notary Public - California v WITNESS my hand and official seal. Z orange County M Comm. Ex 'res Jun 1, 2016 `���' (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Maintenance Bond - CC1447 Ednge (Title or description of attached document) venue Bicycle Path Project (Title or description of attached document continued) Number of Pages 2 Document Date 1 1/ 6/ 1 3 City of Huntington Beach F(Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity clairied_by the signer. If the claimed capacity _is_a—___ corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CONSENT OF SURETY TO FINAL PAYMENT Conforms with the Arnerlcan Institute of Architects, AIA Document. G707 TO OWNER: (Nana andaddrm) City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 PROJECT: (Name rind mddmm j CC1447 The Edinger Avenue Bicycle Path Project OWN-6,R 7 ARCHITECT CONTRACTOR SURETY OTHER ARcmrric:rs,FRojBcr,Na,: NIA CONTRACTFOIL, CC1447 The Edinger Avenue Bicycle Path Project CONTRACT DATFD- August 8, 2013 Final Contract Price: $353,015.80 In nceordaum with be pravisiom of the ConwacLbetween tim Owazr and the Contracior as indi Bated ahove, the (Jnsur[ name and addms Uf larefy) Western Surety Company 1455 Frazee Road, Suite 801 San Diego, CA 92108 —SURETY, on band of (frteerirran.e'ruldaddressgfd ,(,aaur) GASS Construction Company, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 , CONTRACTOR, hereby Wproves of the flirsal payrnmt to the Contractor, znd ugrees Rh9 fmai payment to the Contractor shall not rcl:Ieve the Surety of W1Y of Its Obligations to rMS,yer name rmdodetrers ef'(han¢r) City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 {SvdNER1 as set forth in sold Surety's N)ni3. Bond No. 58708004 IN WIMESS WHEPJ-30F, the Sur�iy bras hereuuto set its had on 01 s ditte: (d'raerr do a nPAi, rho iremih fMen. ed by the mmrorw dare �d )wm-) Western Surety Company _ (S-evA �' rrre _ trcafhsrtiz re serr,ntiur} Attest (Soa.i): Jeffrey R. Gryde Attorney -in -Fact (Printrd WM ir and erfe) S-2'tWGF-EF 1C21 Westem Surety Compan\A POWER OF ATTORNEY APPOINTING MIVIDUAL ATTORNEY -IN -FACT Know Ab Men By Them Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized "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 hercin affixed hereby make, constitute and appoint Jeffrey R Cryde, Individuatlly of Laguna Niguel, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and or+ its behalf bonds, undertakings and other obiigaitory 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 oSrcr of the corporation and all the acts of said Attorney, pursuant to the authority hereby giaen, 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 ttis 18th day of October, 2012. WESTERN SURETY COMPANY r aul T. Bn flat, Vice President State of South Dakota ss County ofMinneliaha On this 18th day of October, 2012, before me personalty came Paul T. Brullat, 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 inn- m ent; that he knows the seal of said corporation; that the seal affixed W 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 stone to be 1ht act and deed of said corporation. My commission expires J. MOHR June 23, 201 S PUO IC aFx scuttle aarwra W a a J. Mohr, Notary Public CISBTIFICATE 1, 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. to testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 6th day of _ November 2013 ter'° WESTERN SURETY COMPANY srrvjPC form F42W-201-- State of California County of Orange On _November 6, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM. #1974059 zNotary ' Public - California m z Orange County � j_�4� My Comm. Expires Apr. 29, 2016 Signature (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF T14E ATTACHED DOCUMENT (Title or descrirAiK)n r,rauaahctEtla:4umciaFi (Vide or descr(t ticn ofattached dncuunent continuo,!) Ntatnbcr cf Pagcs Document Date (Additmm.;il informatacm) CAPACITl' CLAIMED BY THE SFC'tNER Individual (s) C Corporate Officer j0et © Paftner(s) E Artomey-in-Fact ❑ Trustec(s) 13 wier rNSTRUCTIGNS FOR C01011LETING THIS FORM Ahu arkhowledgmeerr campleded in Caty(oenirt mrsr nht�xin rer5iage exactly a; 4iPlcurs tr&Le in ttre rrcfary seetiorl or a .seXmrute cjea m-ledgnteni farnr ,vausr be ,rrrc:w- riF cgmpleted and artached tar that d*cumerri. TJsc on:y ereepiart is ij, a u''c9c•ument is to be rwcotded rr -rs04tvfCraft(errria_ A srrch id-MTtrces, arst Alt4rrat7tiee ae inawtukvnenf a+rrbraga rtt miry be Drinfed .711 st„e1t tt dl vemear w io rg ax tirr t fr&age does no( regrtire roe notary to do soMteA fig that is iiiertl fray a rulrarr in Califc+r itr ti.e, certiAiarg the izuihcarizef Capw'i{r of ibe signer!_ Tease check nhe drir.rtrnerlt CIN-C rriivfOrpror2r' natarr'a! n•arri'irtg rrnd rtttaeh this farm if'regi&cd. • State and County inf€ rinalim 111u4t be Ilk Swle and Courtly where the &wumew sia er4al persorjatlb, ameared before. the notary public for a tckrnwledement. • Wile of antarixatian aalusi be the date Ihut the signer(s) persoraily appeared which must also One the .,gone d:nta the ac.knawledgmcnt is Kimpleted. • The notaty public mint tr.int lair it her name as d appears withiit his or har coc-I igsion foll(i—d! hY a corrtrna ar-d them yDut title (w,tuy public),. + Ramat the osatnels) c,r'I'NUmCnt stffans) nvho pe*.scatati� appear at the tine of M,tarizpkie7n. a lndicatu ;he eomw sing:p4w or plural forms by er s%ing off is ,nisi f sti.c. lte'slactoFroy - t ,rage j or circling tits cx,rttti fermis. fyilt rt to Correctly indicate this information array Icad to rcjcct.itna tafdncumr 1 rrcmding_ I'he notary seal impression mint he clear and pltatugrdphically re", acible, linpression Mist ncx CLIVel teat t11 Imes. If seuf impression 5 ntxlg-s' re -wall if a su€licicni-area PCM145, 011liviwise camplete a dif;-ererar ackrarrwledgtttenj Rana. + Sipnarure of the nowrp pubJk Must snatch the signaturt tut file with the Dt'lK €jI the daunt±• clek ' Addititmal information is not requred but cuuU help to et*surr this ackawwledgment is not iwistkied or a nached to a different charm lcrt. 7 tndicoic title Cw (yfie ofatlacbed document, nurnherofpages and dale. os Indicate the capacity claimed by the signer- If the claimed capacity is a ctrrlx rate tall rrer, indicate the tin le f i.e, CEO, CFO, Stxuetary). + Stc.urrly attach this document W lhe~ signet t1• cunm nl PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Eric Charlonne P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II 1111111111111111111111111111111111111111 Jill I I III IIIINo FEE 2013000602729 03:17pm 10/28/13 276 402 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 GASS Engineering, Inc. who was the company thereon for doing the following work to -wit: EDINGER BICYCLE PATH PROJECT CC 1447 That said work was completed October 28, 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 October 28, 2013, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western Surety 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 October 28, 2013. it ctor 6LBudirc Wor s r City Engineer /o City 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 October 28, 2013. rector of Public Works or City Engineer This document is solely the official business of City 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) w ;sk,'-�5;. k; yve _.d � a, :'.'s„F �. �:'.. F, .:�;:.i:G„�:' �`?. ,., _ .. 5. _ p�k xs;ay. -'� i.z• RECEIVED BY: / %� CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) `� _> after signing/dating (Date) f �J CITY OF HUNTINGTON REACH 17. U INTERDEPARTMENTAL COMMUNICATION :TO: City Treasurer FROM: City Clerk01.3 �i DATE: / SUBJECT: Bond Acceptance have received the bonds for (_�/ 7't _li�f (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) p - Performance Bond No. 6 0 Payment Bond (Labor and Materials) Bond No.0 0 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. s Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. AA� MSC No. Other No. g:/forms/bond transmittal to treasurer Approved 1,1 %, PP (Council Appro'6al Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND - __ GASS CONSTRUCTION COMPANY, INC. FOR CC 1447, THE EDINGER AVENUE BICYCLE PATH PROJECT 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 Gass Construction Company, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Edinger Avenue Bicycle Path Project 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: STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in 13-3824/99611 Page I of 30 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; 13-3824/99611 Page 2 of 30 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), and the Federal Requirements from "Cooperative Agreement No. C-2-1641 Between Orange County Transportation Authority And City of Huntington Beach for Federal Transit Administration Section 5307 Project Edinger Avenue Bicycle Path" (hereinafter "Cooperative Agreement No. C-2-1641") and additional requirements (which is attached hereto as Exhibit "B" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the 13-3824/99611 Page 3 of 30 Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 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 Three Hundred Twenty-two Thousand Dollars ($332,000.00), 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 13-3824/99611 Page 4 of 30 to completion within sixty (60) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and 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 13-3824/99611 Page 5 of 30 order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. 13-3824/99611 Page 6 of 30 In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. _ 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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 13-3824/99611 Page 7 of 30 working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage - - which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Fifty Dollars ($1,050.00) 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. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. 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. 13-3824/99611 Page 8 of 30 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY 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 13-3824/99611 Page 9 of 30 the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is 13-3824/99611 Page 10 of 30 such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work 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 Agreement price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the 13-3824/99611 Page 11 of 30 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone 13-3824/99611 Page 12 of 30 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 maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 13-3824/99611 Page 13 of 30 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, 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 prior written consent of CITY; however, an insurance "deductible" of $5,000.00 or less is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney 13-3824/99611 Page 14 of 30 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 13-3824/99611 Page 15 of 30 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 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar day's 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, 13-3824/99611 Page 16 of 30 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of 13-3824/99611 Page 17 of 30 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 I 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Eric Charlonne 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Gass Construction Company, Inc. ATTN: Gennady Chizhik 1401 Warner Avenue, Suite B Tustin, CA 92780 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. 13-3824/99611 Page 18 of 30 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 8 U.S.C. Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing parry. 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. 13.3824/99611 Page 19 of 30 As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 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. 13-3824/99611 Page 20 of 30 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the 13-3824/99611 Page 21 of 30 prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq. shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by it hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 13-3824/99611 Page 22 of 30 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 42. EMPLOYEMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply 13-3824/99611 Page 23 of 30 therewith. Attached to this Agreement as Exhibit "B" is Cooperative Agreement No. C-2- 1641, which describes required contract provisions for this federal -aid construction contract. Additionally, the CONTRACTOR shall insert in each subcontract all of the stipulations contained in the Required Contract Provisions of Exhibit "B", and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. Certain sections of Exhibit "B" may not be applicable, depending upon the project, and will be crossed out. 45. ADDITIONAL FEDERAL REQUIREMENTS CONTRACTOR agrees to abide by the additional requirements necessary for federal aid (see Exhibit "B"). The CONTRACTOR agrees to buy only steel and iron made in the United States for all federal -aid construction projects (`Buy America"). The CONTRACTOR also agrees to be subject to the legislative and regulatory Disadvantaged Business Enterprise (DBE) requirements (42 USC Section 2000d, et seq.). If the CONTRACTOR does not specify the goals for this program, then the CONTRACTOR's obligation under these regulations will be determined by the CITY. The CONTRACTOR shall also sin a non -collusion certification. Select projects may also require "Federal Trainee" or "On -the -Job Training" provisions to comply with federal regulations. 46. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Department of Labor (29 CFR part 5) in accordance with 13-3824/99611 Page 24 of 30 the Davis -Bacon Act (40 USC section 276a to 276a-7) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 47. DISCRIMINATION, MINORITIES, ALIENS The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate 48. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). The CONTRACTOR will also comply with all provisions detailed in Cooperative Agreement No. C-2-1641 (Exhibit "B") CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. 13-3824/99611 Page 25 of 30 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 49. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations (29 CFR part 3), which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 50. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek 13-3824/99611 Page 26 of 30 of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 51. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 306 of the Clean Air Act and section 508 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to 13-3824/99611 Page 27 of 30 this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 52. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 53. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 54. 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. 13-3824/99611 Page 28 of 30 55. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 4u-6u-S j ' I q , 2013. 13-3824/99611 Page 29 of 30 CONTRACTOR GASS CONSTRUCTION COMPANY, INC., a California corporation r By: Gennady Chizhi prmt name ITS: (circle one) Chairm resider Vice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California axwsj Mayor Cit/ Clerk f/wf/3 AND INITIATED AND APPROVED: By: d"A ub c Works Marin hizhik print name ITS: (circle one) ecre Chief Financial VIE ND APPROVED: Officer/Asst. Secretary l Manager APPROVED AS TO FORM: (A�City Attorney � 13-3824/99611 Page 30 of 30 SECTION GASS Construction Company Inc. 1401 Warner Avenue, Suite S Tustin, CA 92790 for the construction of EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) FTA Section 5307 Grant Funds (OCTA Cooperative Agreement No. C-2-1641) CC No. 1447 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 1 0 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 for EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) CC No. 1447 July 22, 2013 Notice To All Bidders: The following clarifications and/or revisions are hereby made to the Project Plans, Specifications, and Special Provisions for the Edinger Avenue Bicycle Path Project CC No. 1447: 1. All references to the bid due date and time shall be changed to August 1, 2013, at 10:00 A.M. Bids shall be delivered to the City Clerk's Office. The Bid Opening will be held in the City Council Chambers at 10:00 A.M. on Thursday, August, 1, 2013. 2. The federally funded construction contract sample contained in Section D of the Project Specifications shall be replaced with the attached sample contract. 3. The Federal Labor Rates contained in Appendix I — Part 2 of the Project Specifications for the Edinger Avenue Bicycle Path Project, CC No. 1447 shall be replaced with the attached FEDERAL LABOR RATES DATED July 19, 2013. The Federal labor rates dated July 19, 2013 shall be the Federal labor rates in effect for the above named project. This is to acknowledge receipt and review of Addendum Number One, dated July 22, 2013. i L GASS Construction Co., Inc. Company Name By Marua Chizhik August 1 , 2013 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Neal Schermesser at (714) 536-5518. GASS Construction Company Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Western Company POWER OF ATTORNEY APPOINTING 04DIVIIDUAL ATTORNEY -IN -FACT Kmaw An Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty 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 al fixed hereby make, constitute and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its true and lawful Attorneys) -ire -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligwry 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 'his 18th day of October, 2012. WESTERN SURETY COMPANY vor� T. Bn s' Via President State of South Dakota ss County of Mirtnehaha On this Itith day of October, 2012, before me personalty came Paul T. Bruflat, to me ]mown, 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 inslr orient; 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 some to be the act and deed of said corporation. My cooun"on expires k. J, IHOHR June 23, 20I s soul+ t PUBLIC 'f"` J. Mohr, Notary Public CEBT[FICATE 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 30th day of J U IY 2013 _ gpRt M Form F4230-7-202, WESTERN SURETY COMPANY L. Nelson, Assistant Secretary e AwthoriAng By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The PresidenE any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. GASS WKSTRUCTIOICOe lice GENERAL ENGINEERING CONTRACTOR Lic. No. 816579 RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY CEO/V.P./SECRETARY MARINA CHIZHIK AND/OR PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GASS Construction Co., Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 0' of January, 2013, a quorum being present, consisting of the CEO/V.P./Secretary of the Corporation, Marina Chizhik, and President of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its CEO/V.P./Secretary, Marina Chizhik, and/or President, Gennady Chizhik, are hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE 1T FURTHER RESOLVED, that any prior acts of said officer(s) of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Marina Chizhik, hereby certify and declare that I am the regularly and duly acting CEO/V.P./Secretary of GASS Construction Co., Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Tustin, California, on the 15th day of January, 2013; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seal r Marina Chi CEO/V.P./Secretary of GASS Construction Co., Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 0 Fax (714) 247-1041 Jurat State of California County of Oran Subscribed and sworn to (or affirmed) before me on this 1st day of August 20_13 by Marina Chizhik proved to me on the basis of satisfactory evidence to be the personX who appeared before me. OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Res. Auth. Exec. of any Contra (Title or description of attached document) Edinger Avenue Bicycle Path (Title or description of attached document continued) Number of Pages _1 Document Date N/A CC No. 1447 — Huntington Beach (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation fi-om the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 differentjurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA 0.9.07 800-873-9865 www.NotaryC]asses.com SUPPLIER CLEARINGHOUSE CERTIFICATE OF ELIGIBILITY CERTIFWATl, EXPIRATION DATE: 10-20-2014 The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission hereby certifies that it has audited and verified the eligibility of. Gass Construction Co., Inc of Tustin, California as a WBE pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. This Certificate sliall be valid only with the Clearinghouse seal affixed hereto. Ell'oibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to - comply may result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status was obtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under which. eligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional information or concitici on- site visits during the term of verification to verify eligibility. This certification is valid only for the period that the above named firm remains eligible as determined by the Clearinghouse.. Utility companies may direct inquiries concerning this Certificate to the Clearinghouse at 800-359-7998 in Los Angeles. VOA: 11090139 Determination Date: 10-20-2011 GASS Construction Company Inc. 1401 Warner Avenue, Suite S Tustin, CA 92780 SECTION C PROJECT BID SCHEDULE EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DR. AND SANTA BARBARA LN.) PROJECT BID: TOTAL BID AMOUNT IN FIGURES: TOTAL BID AMOUNT IN WORDS: CC No.1447 C-2.1 � , 1b PROJECT BID SCHEDULE Edinger Ave. Bicycle Path, CC-1447 k6: soma e :: x e4 a ::: Bid:htem Descri`t on:.:'::_:::::>.: `:: ::: ;:< ...P................................. : >; ::........... ... ................ :r.+Ke::::::: Amo>�tn:>. 1 1 Mobilization LS $ ko'cm.01D $ ko,Doo - op 2 1 Construction Traffic Control Plan LS $ 5 000. 00 $ 3 1 Furnish Project Traffic Control LS $ 4. 000.017 $ OCO. 4 1 Clearing and Grubbing LS $ 30450y.0Do� $ 310,500.c�o 5 1 Construction Survey LS $5 O.DO $.5,280.c� 6 800 Unclassified Excavation CY $ So. coo $ 0OOC ' 7 500 Soil Import CY $ 2.5.00 $ Z SUO. o0 8 3550 Furnish and Install Redwood Header LF $ $. 00 $ 2$,-1sp0.00 9 1150 Construct Asphalt Concrete Bicycle Path (I I-ft. wide, 5" deep, ,N Type III-C3-PG 64-10 RAP) 10 3500 Construct Gravel Shoulder (2-ft. wide, 5" deep) LF $ 3.50 $ 12.250.0u LASS Construction Company Inc. 1401 Warner Avenue, Suite B C-2.2 Tustin, CA 92780 GASS Construction Company Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 PROJECT BID SCHEDULE Edinger Ave. Bicycle Path, CC-1447 .................... a ....... .... I— ....... ............... Q*U'3At1tY':: ....... ........... tion:'. ' ' _*.`........-.....�' ......... I ................ ...... ................... ...... ... ............... I .......... ........... . . " ''. ': - .' - - �jt: Y'.. ......... V IV .::::::: . . . . .. . ..... . ... ....... . - ", .... '.MO 11 3430 Construct Asphalt Concrete Berm (1-ft. wide, CF=8") LF $ '4.50 $ M435. 12 176 Furnish and Install I "x6" Bend -A -Board (or Equal) LF $ lb-50 $ W_"(0.00 13 21 Remove Existing and Construct Type B-1 Curb (CF=8") per City LF Std. Plan 201 $ 54A.w $ k I k 31A cw;, 14 32 Remove Existing and Construct Depressed Curb per City Std. Plan LF 201 (as modified per Plan) $ '-A 5, 00 $ 0+40.00 15 2 Furnish and Install Truncated Domes per Plan (Safety Step TD or EA Equal) $ Lei-\ 5. Do $ 2410. 00 16 14 Furnish and Install Sign and Post per City Std. Plan 401 (May EA 2012 Revision) $ 201 5. 00 $ H-150-00 17 1 Furnish and Install Irrigation System per Plans and Specifications LS $ 20.9\ S. 00 $ 2-0 ck\S - 18 54 Furnish and Plant New 15-Gallon Tree (Species per Plan) EA $ klko. go $ 9,120. CY.> 19 1 90-Day Plant Establishment and 1-Year Maintenance Period LS $ zo. CX> $ 14 - N::O• M 20 1 Storm Water Pollution Prevention Plan (SWPPP) ILS $ 5, 250, 00 $5,250. uD Total Amount Bid in Figures: $ 22. o0o. Do Total Amount Bid in Words:M- ---------------------------------------------- 11j li 7 --------- +WS_4t1 C-2.3 LASS Construction Company Inc. LIST OF SUBCONTRACTORS 1401 Warner Avenue, Suite B Tustin, CA 92780 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar Items}. `_ Lacense Amount Contract:: Number S't'ARLIGIIT SURVEYING, INC. Si Z.SO•OD 17955 Sky Park Circle, Snite F Irvine, CA 926i4-6372 949-757-0613 BLACK ROCK CONSTRUCTION Z,SZS•OC) ' f 282 N. St. Crispen Brea, CA 92821 714-412-3106 Lic. # 943308 PCC Concrete \G, BUENA VISTA !_,ANDSCkPE 1472 N. Harding St. Orange, CA 92867 714-771-2563 674472 C27 LANDSCAPE IRRIGATION SUPERIOR PAVEMENT MARKINGS 5312 Cypress Street Cypress, CA 90630 714-562-9100 Lie. # 776306 STRIPING 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 BIDDER'S CERTIFICATE OF COMPLIANCE/NONCOMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS (SECTION 165(A)) FOR STEEL, IRON, OR MANUFACTURED PRODUCTS In order to demonstrate compliance with the "Buy America" Requirements (see Section B - Instructions to Bidders), Bidder shall complete only one of the two statements below: The GASS Construction Co., Inc. Firm name/principal hereby certifies that it will comply with the requirements of Section 165(a) of the Surface Transportation Assistance Act of 1982 and the applicable regulations in 49 CFR Part 661. ignature IM The Marina Chizhik - CEO/VP/Secretary Title August 1, 2013 Date Firm name/principal hereby certifies that it cannot comply with the requirements of Sectio 65(a) of the Surface Transportation Assistance Act of 1982 but it may qualify for an ge6eption to the requirement pursuant to Section 165(b)(2) or (b)(4) of the Surface Tr sportation Assistance Act and regulations in 49 CFR Part 661.7. N/A Signature Title Date C-4 LASS Construction Company Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 GASS Construction Company Inc. UTILITY ACREEMENT 1401 Warner Avenue, Suite S Tustin, CA 92780 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 EDINGER AVENUE BICYCLE PATH, CC-1447, (I)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements,Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: August 1. 2013 C-_5 GASS Construction Co., Inc. Contractor r By Mar a Chizhik CEO/VP/Secreta Title GASS Construction Company Inc. DISQUALIFICATION QUESTIONNAIRE 1401 Warner Avenue, Suite B Tustin, CA 92780 In accordance with Government Code Section 10162, 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. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 GASS Construction Company Inc. 1401 Warner Avenue, Suite B COMPENSATION INSURANCE CERTIFICATE r, Pursuant to Section 1861 of the State I_,abor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. t am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: August 1 , 2013 C-7 GASS Construction Co., Inc. Contractor r By Mar a Chizhik CEO/VP/Secretary Title GASS Construction Company Inc. BIDDER'S INFORMATION 1401 Warner Avenue, Suite B Tustin, CA 92780 BIDDER certifies that the following information is true and correct: GASS Construction Co., Inc. Bidder Name 1401 Warner Avenue, Suite B, Business Address Tustin CA 92780 City, State Zip ( 714) 247-1040 Telephone Number 816579 A and B State Contractor's License No. and Class May 5, 2002 Original Date Issued January 31, 2013 Expiration Date The work site was inspected byGennady Chizhikof our office on July `30, ' 2013. The following are persons, firms, and corporations having a principal interest in this proposal: GASS Construction Co., Inc. Marina Chizhik - CEO/VP/Sec. Gennady Chizhik - Pres./Treas., C-8 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. GASS Construction Co., Inc. Company N Signature of Marina Chizhik Printed or Typed Signature Subscribed and sworn to before me this _ day of , 20 .PLEASE SEE ATTACHED LIC 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 PLEASE SEE ATTACHED Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Name and Telephone No. of Project Contract Amount Name and Address Agency Type of Work Type of Work Name and phone No. of Project Manager: Amount Type of Work Date Completed Date Completed Date Completed C_9 GASS Construction Coinany Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 1 st day of August 2013 by Marina Chizhik proved to me on the basis of satisfactory evidence to be the person(o who appeared before me. Signature (Notary seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder's Information ('l'itic or description of attached document) Edinger Avenue Bicycle Path (Title or description of attached document continued) Number of Pages 2 Document Date N/A C_ No. 1447 - Huntington Beach (Additional information) Otp� i INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. 1f a Jurat to be completed does not follow this form. the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. 1n addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. 1f the document was previously signed it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public.' • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. i • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. i • 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 jurat form.' Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. 1 Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2009 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com GASS WKSTRUCTIOICOs lice GENERAL ENGINEERING CONTRACTOR Lic. No. 816579 CONTRACTORS PROPOSAL REFFERENCE LIST OWNER City of Chino Street Improvements ADDRESS 13220 Central Avenue, Chino CA 91710 OUR JOB# 224-10 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Downtown Street Improvements $ 814,506.50 OWNER City of Dana Point ADDRESS 33282 Street of the Golden Lantern, Dana Point, CA 92629 Our Job # 227-12 CONTACT Archie Rempher PHONE 949-248-3558 DESCRIPTION & CONTRACT AMOUNT Pacific Coast Highway Median Improvements Phase 3 $ 995,000.00 OWNER City of Laguna Niguel Landscape & ADDRESS 27791 La Paz Road, Laguna Niguel, CA 92677 Street Improvements OUR JOB# 234-12 CONTACT Nick Renn PHONE 949-362-4341 DESCRIPTION & CONTRACT Camino Capistrano Landscape and Street Improvements Project - AMOUNT Phase II $ 523,735.59 OUR JOB# 226-10 Landscape & CONTACT Nick Renn Street Improvements PHONE 949-362-4341 DESCRIPTION & CONTRACT AMOUNT Camino Capistrano Landscape and Street Improvements Project $ 947,000.00 OWNER City of Laguna Woods Federally Funded ADDRESS 24264 El Toro Road, Laguna Woods, CA 92637 OUR JOB# 231-11 CONTACT Dennis D. Nelson P.E. PHONE 949-289-3741 DESCRIPTION & CONTRACT AMOUNT Santa Maria Avenue Multi Modal Trail $ 308,007.60 OWNER City of Mission Viejo Landscape Median & ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Asphalt Resurfacing Our Job # 223-10 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT Oso /Marguerite Intersection Improvements - Oso Parkway AMOUNT Pavement Rehabilitation $ 5,068,449.95 OWNER City of Newport Beach Street Improvements ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 OUR JOB# 227-10 CONTACT Fong Tse P. E PHONE (949) 644-3321 DESCRIPTION & CONTRACT AMOUNT San Miguel Dr. Street Improvements $ 1,170,000.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 GASS Construction Company Inc. 1401 Warner Avenue, Suite S Tustin, CA 92780 HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of ovnier, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968;.or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: GASS Construction Co., Inc. Contact Person: Gennadv Chizhik - Presi Contact Phone: 71 4- 2 4 7 -1 0 4 0 Signed: Marina Chizhik Date: Auqust 1, 2013 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 GASS Construction Company Inc. 1401 Warner Avenue, Suite � UNDERGROUND SERVICE AI:EI2 Tustin, CA 92780 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 fdentif cation Number be issued before a Permit to Excavate will be valid. rho obtain a Dig Alert Identification Number, call Underground Service Alert at fit I or 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Idetztificatioti Nttnzber: Will be obtained and submitted to the City if awarded Contract GASS Construction Co., Inc. Contractor f 13y Mar' a Chizhik CEO/VP/Secretary Title Date: Auaust 1 . 2013 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-11 GASS Construction Company Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has has not X_ been convicted within the preceding three years of any offenses referred to in that Section. These offenses include any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided above. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement.- Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? YES NO X _ If the answer is yes, explain the circumstances in the following space: N/A PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C-12 GASS Construction Company Inc. 1401 Warner Avenue, Suite B Local Assistance Procedures Manual Tustin, CA 92780 EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) ATTACHMENT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder GASS Construction -Co., Inc. , proposed subcontractor , hereby certifies that he has-_, has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page12-27 OB 12-04 C-13 June 29, 2012 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEiIdENT AND EXECUTION OF' THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) ATTACHMENT C EQUAL EMPLOYMENT OPPORTUNITY CFRTIFICATION The bidder_ _ _ _ proposed subcontractor _ �dP �'Vis-\a Lana a,p, hereby certifies that he has , has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-13 Page 12-27 OB 12-04 June 29, 2012 Local Assistance Procedures Manual PS&E Checklist Instructions GASS Construction Company Inc. 1401 Warner Avenue, Suite S Tustin, CA 92780 ATTACHMENT D NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of Huntington Beach / Orange Co. DEPARTMENT OF PUBLIC WORKS. EXHIBIT 12-E Attachment D In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page12-29 OB 12-04 C-14 June 29, 2012 GASS Construction Company Inc. 1401 Warner Avenue, Suite S Local Assistance Procedures Manual Tustin, CA 92780 EXHIBIT 12-E PS&E Checklist Instructions Attachment E ATTACHMENT E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. N/A Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Page 12-31 OB 12-04 C-IS June 29, 2012 GASS Construction Company Inc. 1401 Warner Avenue, Suite B Local Assistance Procedures Manual Tustin, CA 92780 EXHIBIT 12-E PS&E Checklist Instructions Attachment F ATTACHMENT F NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Page 12-33 OB 12-04 C-16 June 29, 2012 GASS Construction Company Inc. 1401 Warner Avenue, Suite S Tustin, CA 92780 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G ATTACHMENT G DISCLOSURE OF LOBBYING ACTIVITIES UUMI'LL' I L 1 t11N fUKM lU L11NC1.,UNL LU1313Y1NCi ACIIVIIILS FUKNUANI I U 3I U.N.C. 13J2 1. Type of Federal Action: a, contract b. grant c, cooperative agreement d. loan c. loan guarantee f. loan insurance 2. Status of Federal Action Fla. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity ElPrime FISubawardee Tier _ _ , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby (if individual, last name, first 11 12 14. 3. Report Type: a. initial b. material change For Material C !!M19c Only: year quarter_ date of st report 5. If Reporting Entity in No. is Subawardec, Cater Name and Addr s of Prime: Con ssional District, if known 7. F deral Program Name/Description: N / A CFDA Number, if applicable 9. Award Amount, if known: 7 b. Individuals Performing Services (including MI) address if different from No. I Oa) (last name, first natne, MI) (attach Continuation Sheet(s) if necessary) Amount of P ment (check all that apply) 13. Type of Payment (check all that apply) eb. ❑ actual planned a. retainer b. one-time fee yment (check all that apply): c. commission ash d. contingent fee -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Shect(s) if necessary) 15. Continuation Sheet(s) attached: Ves ® No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Mar 111 C111 z h lk 1352. This information will be reported to Congress -- - ---- semiannuallyandwill be available for public inspection. Any Title: CEO/VP/Secretary person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $ t 00,000 for each such failure. Telephone No.: 71.4_.- 2 4 7 —1 0 4 0 Date: 8/1 / 1 3 Authorized for Local Reproduction Federal Use Only: Standard Form - LL,L Standard Form LLI C-17 Page 12-35 OB 12-04 June 29, 2012 LASS Construction Company Inc. 1401 Warner Avenue, Suite B EXHIBIT 12-E Tustin, CA 92780 Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-36 June 29, 2012 C-18 OB 12-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-9NENDIN C-19 Page 12-37 OB 12-04 June 29, 2012 GASS Construction Company Inc. 1401 Warner Avenue, Suit.- S Local Assistance Procedures Manual Tustin, CA 92780 EXHIBIT 12-G Bidder's List of Subcontractors (DBE and Non -DBE) BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON -DBE)- PAIN 1 The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Firm Name/ Phone/ Address/ Fax City, State, ZIP Name S'TAR111GIIT SURVEYING, INC. Address 17955 Slay Park Circle, Suite F Irvine„C'A 92614-6372 City State ZIP 949-757-0613 Name BLACK ROCK CONSTRUCTION Address 282 N. St. Crispen Brea, CA 92821 714-412-3106 City State State ZIP Lie. # 943308 PCC Concrete�_- Annual Gross Receipts Description of Portion of Work to be Performed NE< $1 million ❑<$5million - _" —--____._.________ _ _-__ _�_. ❑<$10million ❑<$lsmillion ❑>$15million <$1 million 0<$5million ❑<$10million ❑<$15million ❑ > $15 million <$1 million Name `--- BUENA VlS'IA 1LANUSCANN� 1472 N. Harding St. Orange, CA 92867 Address 714-771_2563 674472 C27 0tvState ZIP LANDSCAPE iRRIGATI6-)N � _�(�l1_ <$5 million•,�``C�, ❑<$]Omillion ❑ < $15 million ❑> $15 million If YES list DBE # Age of Firm (Yrs.) 3 If YES list DBE # Age of Firm (Yrs.) Z If YES list DBE #: l (>5q Age of Firm (Yrs.) 30 .t . Name U < $l million SUPERIOR PAVEMENT MARKINGS )4<$5million Address 5312Cypress Strzet <$10million -- --�� - - �—------ f#.- Cypress, I YES list DBE CA 90630 ❑<$15million n ❑> $15 million AettfF�rtrr () Ci State ZII 714-562-9100 � Lie. # 776306 STRIPING Distribution: l) Original - Local Agency File Page 12-111 LPP 06-06 November 14, 2006 n N .-1 GASS Construction Company Inc. 1401 Warner Avenue, Suite B EXHIBIT 12-G Tustin, CA 92780 Local Assistance Procedures Manual Bidder's List of Subcontractors (DBE and Non -DBE) BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON -DBE)- PART 11 The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49 Section 26 of the Code of Federal Ke ulations. Photocopy this Corm for aaaiuonal terms. Firm Name/ Address/ G,ity;State;'ZIP� Phone/ Fax Annual Gross Receipts Description of Portion of Work to be Performed Name J&S Striping P.O.Box 4008 <$1 million _ y4 a; ❑<$5 million Address Whittier, CA90605 Cl<$10million IjYES list DBE #: (562) 777-2411 ❑ < $15 million CiryState < Lic# 538211 SIGNING & STRIPING 11g8 f S s a _ > $15 million Name Landscape / Irrig. <$1 million < $5 mullion < $10 mullion <$15 million > $15 million IfYES list Name ph—< Precision Engineering Surveyors, Inc. Address 7231 Boulder Avenue 4 531 $ I million S► S_��it 1Ci S11 f 4Y, t u7 "� z s S IjYES list DBE E]<$5million C]<$10million Highland, CA 92346 C]<$15 million City StateZ) 909-862-6326 UDBE-# 1019240 SurNvying!Staking Q> $15 million ... -__..- ... _.__�.__ _.._.___.._.. sa r � b it ..,ci V$�� a �...nv;�:✓.u..g't33.�� �� `.ski. y�- .;� Name "` PHOENIX LANDSCAPE 521 E. Walnut Address Fullerton, CA 92832 K< $1 million _. __ _. t° �F r, _ IjYES list DBE #: p<$5 million �<$10million (714) 572 -1410 CiryState ZIF License # 284586 DBE 002534 LANDSCAPE / IRRIGATION El < $15 million _........._ ""'_ _._..._.... _. _....... .... __ - ---- - .... ._..... _Y ec � ) ,. �> $15 mullion s n Distribution: 1) Original - Local Agency File Page 12-112 November 14, 2006 LPP 06-06 GASS Construction Company Inc. 1401 Warner Avenue, Suite B Local Assistance Procedures Manual Tustin, CA 92780 EXHIBIT 15-G Local Agency Bidder DBE Commitment (Construction Contracts) EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: City of Huntington Beach LOCATION: Edinger Ave. - Countess Dr to Santa Barbara Ln: PROJECT DESCRIPTION: Edinger Avenue Bicycle Path CC No.1447 TOTAL CONTRACT AMOUNT: $ 3Z Z . 000. 00 —r BID DATE: July 29, 2013 BIDDER'S NAME: GASS Construction Co., Inc. CONTRACT DBE GOAL: 10.28 % CONTRACT ITEM NO, ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS O BE PROVIDED (or contracted if the bidder is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified on the date bids arc opened - include DBE address and phone number) DOLLAR AMOUNT DBE BUENA VISTA LANDSCAPE __ 1472 N. Harding St. �BE Orange, CA 92867 1�OH 714-771-2563 674472 C27 _ LANDSCAPE IRRIGATU)N S•OO For Local Agency to Complete: Local Agency Contract Number: Federal -aid Project Number: Y Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and information is complete and accurate. Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Total Claimed DBE Participation �q� �??qS. 00 0. (R % i ature ofBr e )Mgr —Ka Chizhik CEO/VP/ Sec. August 1, 2013 714-247-1040 Date (Area Code) Tel, No. Gennady Chizhik - President ��_ ____.__....__ �........._. _---_._ _.......___.._.......__. — .....,. Person to Contact (Please Type or Print) Local Agency Bidder DBE Comnritment (Construction Contracts) (Rev 626/09) Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 30 days of contract execution. Failure to send a copy to the DLAE within 30 days of contract execution may result in de -obligation of funds for this project (2) Copy — Include in award package to Caltrans District Local Assistance (3) Original — Local agency files OB 12-04 C-22 Page 15-1 June 29, 2012 CASS Construction Company Inc. 1401 Warner Avenue, Suite 8 EXHIBIT 15-G Tustin, CA 92780 Local Assistance Procedures Manual Local Agency Bidder DBE Commitment (Construction Contracts) INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First -Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal -aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. Page 15-2 June 29, 2012 C-23 OB 12-04 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort EXHIBIT 15-1H DBE INFORMATION —GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS FTA Section 5307 Grant Funds OCI'A Federal -aid Project No. Cooperative Agreement No. C-2-1641 Bid Opening Date August 1, 2013 Fluntington Beach /Orange The (City%County of) established a Disadvantaged Business Enterprise (DBE) goal of 10 % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Pub.Liution.s.,asgci,haye a tw.o,week run minimum. GMC Engineering, Inc was not aware of wAset in time to meet deadline for publications. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Please see the attached "Good. Faith Effort Solicitation of DBE Companies" Package OB 12-04 C-24 Page 15-1 June 29, 2012 GASS cOISTRUCTIOIC0.11ce GENERAL ENGINEERING CONTRACTOR Lic. No. 816579 GOOD FAITH EFFORT SOLICITATION OF DBE COMPANIES 7/29/2013 - Faxed Request for Sub -Bid solicitations, to Nineteen (19) DBE Companies. 7/29/2013 - Created DBE Log Sheet 7/29 — 8/1 - Maintained Log Sheet and Back-up documentation. * Many companies do not submit their quotes until after the representative has left our office for the bid submittal., as a result, the information on the attached Contact Log may change, and Sub -Contractors may often be determined at the last moment before submitting the bid. Therefore, a revised Exhibit-H DBE Information and an updated Contact Log along with the Sub -Bid Request Faxes & Fax Confirmations, will be submitted if determined to be the first, second or third lowest bidder. 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 9 Fax (714) 247-1041 COMPANY: GASS CONSTRUCTION CO., INC. EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) FTA Section 5307 Grant Funds (OCTA Cooperative Agreement No. C-2-1641) CC No. 1447 IN THE CITY OF HUNTINGTON BEACH DBE CONTACT LOG UDBE/DBE CONTACT COMPANIES NAME A Cone Zone, Inc. Ashley Lacour Buena Vista Landscape, Inc. Angel Gomez CD Montgomery, Inc. C. Montgomery CNC Surveying Sean Nazarie C.R.I. Electric, Inc. Jill Snell Ducros Electric Vince Ducros E-nor innovations Molly Mullen Full Traffic Maintenance Sammy Salgado Gates Enterprises, Inc. Estimating Dept. G & F Concrete Cutting, Inc. Rita M. Vigil- Ferguson John C. Payne Dump Truck Service Barbara J. Payne Logan's Marketing Ellis Logan Payco Specialties, Inc. Rebecca Lewellyn Precision Engineering Surveyors, Inc. Fernando Padilla Savala Equipment Company Estimating Dept. S M Sales (Sand and Aggregate) Cindy Traffic Contol Engineering, Inc. David Kuan P.E. Tribe Environmental Service Estimating Dept. Wagner Engineering & Survey Inc. Stephanie Wagner P.E. FAX REQUESTED RESULTS NUMBER DATE TIME 951-734-2887 7/29/13 11:20 AM No Response 714-771-2569 7/29/13 11:24 AM Rec'd quote 7/31/13 866-601-2695 7/29/13 11:25 AM No Response 949-863-0589 7/29/13 11:26 AM No Response 714-632-0809 7/29/13 11:27 AM No Response 562-366-8621 7/29/13 11:30 AM Number temporarily unavailable 866-921-1029 7/29/13 11:32 AM No Response 951-520-9980 7/29/13 11:34 AM No Response 213-928-0897 7/29/13 11:35 AM No Response 714-550-0624 7/29/13 11:36 AM No Response 626-359-2899 7/29/13 11:38 AM No Response 619-233-3768 7/29/13 11:39 AM No Response 619-427-1620 7/29/13 11:42 AM No Response 909-862-6328 7/29/13 11:44 AM No Response 949-552-8597 7/29/13 11:45 AM No Response 661-299-1547 7/29/13 11:46 AM No Response 714-447-6081 7/29/13 11:48 AM No Response 909-568-2488 7/29/13 11:49 AM No Response 818-892-6611 7/29/13 11:50 AM No Response 7D �S :T Z CALIFORNIA UNMED CERTIFICATION PROGRAM DISADVANTAGEDBUSM.S$,-,-E-NTE"RISE CERTIFICATE BUENA VISTA LANDSCAPE, INC 601 LAKEVIEW AVENUE .y PIACENTIA, CA 91870 Owner: ANGEL GOMEZ Busimen glructurP4 CORMRAMON This certificate acknowted gm that said firm Is approved by the U;dgd ",rtifi.rt eatio, ?roVAin(CVCJP) as a Dhadvantaged Business EntaVA&e (DIRE) as defined by the U.S. D"artmerit aMansportation (DOT) cFR49 " lie -a kr0e following NAICS codes: NAICS Code(s) g Indicates prlmsq NAJCS code 561730 Landwaping Services 23 89 10 Site Preparadon Corftiwtors Work Category Code(s) . 00700 CONSTRUCTION STAKING C1601 CLEARING & GRUBBING C1940 DITCHES EXCAVATION C2000 FILCORWAY PLANTING NTING C2020 SOIL AMENDMENTS Licenses C27 . Landscaping Contrac4ar 'ERTIFYMPAGENCY: DEPARTMENT. OF TRANSPORTATION 182314TI-I STREET -SACRAMENTO, CA 95811 OOW (916) 324-1700 UCP-F'm'n Number 10544 I ?-we? CP OFFICER IN 5/114/13 Unified Certification Program 7'c " Form B Search Returned I Records Tue May '14 13:23:02 PDT2013 Query Criteria Fig-n-vDBA. N ww, -. Buena Vista. Firm Type: DBE Firm 11) 10,544 Firm/DBA Name BUENA VISTA LANDSCAPE, ING Address Linel 1472 N HARDING ST. Address Line2 City ORANGE State CA Zip Code 1 92867 Zip Code2 Mailing Address Linel Mailing Address Line2 Mailing City Mailing -.State MailinglZip Codel Mailin'g-'Zip Code2 Certification Type DBE Entail b.v.landscape@pacbell.net Contact Name ANGEL GOMEZ Area Code (714) Phone Number 779-1202 Fax Area Code (714 Fax Phone Numbeir, 771-2569 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; DBE NAICS 238910;561730; ACDBE NAICS C0700 CONSTRUCTION STAKING SUPPLIER; C1601 CLEARING & GRUBBING; C1940 DITCHES Work Codes EXCAVATION; C2000 HIGHWAY PLANTING; C2020 SOIL AMENDMENTS; Licenses C27 Landscaping Contractor; Trucks Gender M Ethnicity HISPANIC Firm Type DBE Back To OueiN Form ,w,Nw.dot.(-.a.gov/ucp/QuerySijbmit.do 1/1 BUYERNAVIST"A LATNI-D, CAPEt INC,, Licensed and , Insured, 4 1104 Ily- 147-1 S4- 41 CA, 92867 4 f J 3 d, y 1, 2013 GMC Engineeririg 1401 Wamer Ave. 'W Tustin, CA 92780 PROjEc'r. Edinger Ave. Bike Trail City of Huntington Search WORK TO De PERFOUMED IN ACCORLOANCE WITH PLANS AND WMIFICATIONS: Sheets 15 - 17 dated 7-11-13. SCOPE OF WORK: INSTALLATION OF LANDSCAPE Arib IRRIGATION INCLUDES', Items per Bid Schedule- includes cut, cap, and restore existing irrigation within the limits of gradifig. **PLEASE NOTE THE FOLLOWING EXCLUSIONS AN])/OR)EXCL,USIONS** GRADE TO'BE-RECEIVED + 1/1 OTHI NO IMPORT OR E)&ORT. NO CLEARING OR GXVBBING. NO 120V ELECTRICAL WORK. NO UTILITIF.$ (WATER, ELECTRICTTY, ETC). ANDPAY "FORlu- LRJNCY _g Trafc Contr'I to be provided by others. fi MENA VISTA LANDSCAPE, INC. IS A NON -SIGNATORY CONTRACTOR, C . riWIFIFIED DKE CALTRANS ANGE1z L CjQ � 1P , T A' CYT .' I C- T Ai b'r� 171-1-,Q '- Q C 7 -f J ' 1, T .1 [1 �-- I J C" C:, T r, 7 " -- -, ? , , ��. � :t1Z�3.�E�TL dlngera� . a1 y1 pan, CC� 1�7 � ?k i [ eri7 5ci.i i ii "lU a c �rimoi . .�. 3 1 Mobillzatian ' S — I! i 3 cwi:uifLw icl lraf_ c C liho? Plan 4a A: ti 3 1 Fummh Ptojc3t Tr¢fl`ic Control Ls A 1 �tG&'C}'F'l.i�'Atld Crrubbiitg' LS CUT r�-erqo Is 5 1 eowtmaiotrgurvey LS . 76 ppO/�Op �PYaV `�, k�4' fi5S�@&':-t7,'i�&'t, iOTI - C'' 1 ` �bo 611 fi44 ort . LF 9 1150 aihstru0t A8p11 ncre'ti'.1Ricy01 i aih I S-ft, wide, 5„ decv, T 'rype'vi-Gj-Pd' 64=16 RAP) 1 1(3 3500 CoYis# 64 Cirarcl Should+ r { -ii: wide, 5" deep) LF $ $ s C-2.2 ;C711�7rt1WkJi ¢11CTA kN�(-l� :-1 hf • ' Cf . __ PROJECT RTD SCHEDULE, - L! %�itt�i613'. i;•T+ •�fiXliii}C C]['19rD 4 N .1 i430 lC:onstrsct.'1Spb.alT,` oncreteBei'n: !-ft. 7 1176 FUr IS.i and ll'mi1! i''XG" BGYlo-A-,Lien_ (or Equal) i L 13 21 I�IGmQ'vt EXisting and Construct T�pe B-1 Curb (CF=$") par City LF Std. plan 20.1 14 '32 �'emo�e EXns�iri� �'d,Cc�tti4nubt'Ueprc'ssQd Carb.pdi-O "Std. Plan aCal (as t2lwdafi�d per Zjlan) F 15 2 ateti Iitirtiser'PC'an (Fi€Ecyt�p<� oz 5 1� �, �4 , u�n�ki•aa�d.dm�tal� S1�ai-�i� 1?Asi:p�t"�:3t�y Ltd E+lazr"� a -EA :tmif�h an. st1 Irtr' �itlri 5 sty c `1 t�'S ,Ls 1 54 EA i�mish'a19 R1;iC.lyeiv Tya''dh'' rei-(pcats'.pk �I-tiS� � 4' . 10-ll4y l:'liiiit gstablisMrii'er�t aril I-ear'dvl�:inCnY�E F'�d Z'4 1 Storm Miter pollution Preventiorn'plait (9,"Tpp) LS $ ., Tgtal ,1 m-qu4t B el .in Fjgure,s. $ .t�.tas 4na itnt'B1d f--------.. G`Ll ,' `GI Cit CrTkIH` { r T r. s { nr Exhibit 15-H DBE Information -Good Faith Effort Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y1N) Contract TBD - Will be provided if 1st 2nd or 3rd Lowest Bidder D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: TBD - Will be provided if 1st 2nd or 3rdLowest Bidder Names, addresses and phone numbers of firms selected for the work above: TBD - Will be provided if 1st 2nd or 3rd Lowest Bidder E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Responding DBE's did not request or indicate any assistance or information regarding Bonding, -rfnansCreditor insurance. e %iSa� Re uirernertWfs3-the"warko be_pearrmed-was ftvailable—to-aH Bidders interested. Page 15-2 June 29, 2012 C-25 OB 12-04 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: Res ondj9,g-DB_. E's�,_did not request or indicate the need for any assistance or information to meet the ... _.. ......... requirements for the work to be performed. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results http://ia,,ww.dot.r.��/find certitied.htm Solicited Sub -Bids See Contact Log- _ .._... .__...._..._._ ... _.. �....... ....... . . The Blue Book Solicited Sub -Bids See Contact Log H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): N/A NOTE: USE ADDITIONAL SHEETS OF PAPER. IF NECESSARY. C-26 Page 15-3 OB IZ-04 June 29, 2012 KNOW ALL MEN BY THESE PRESENTS, that we [317= • 2 GASS CONSTRUCTION COMPANY, INC. as Principal, hereinafter called the Principal, and Western Surety Company 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 the City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sumof Ten Percent of the Total Amount Bid Dollars ($ 10% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitteda bid for Edinger Avenue Bicycle Path 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 Documentswith 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, than this obligation shall be null and void, otherwise to remain in full force and effect. Signed and -sealed this 30th day of July , 2013 GASS CONSTRUCTION COMPANY, INC. BY- PP'ncipal) (Seal) V (Title Gennady Chizhik - President Western Surety Company (Surety) (Seal) BY (Title) Jeffrey R. Gryde, Attorney -in -Fact Printed in cooperation withthe American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 - Bid Bond - February 1970 Edition. G-108041-A CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 30, .2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , P. ZEIS o� . COMM. #1974059 z WITNESS my hand and official seal. r :��: ;o Notary Public - California -0 Z Orange County 2 MX Comm. Expires Apr. 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OE THE .ATTACHED DOCUMENT (Title of desrrir oh Pf UL.WhCr1 dk ;wment) i 1-ift or description of attached doewntnt crmtiruccti Numkr of Pages Dcteumcnt Date (AdditiM;iI infc.,nna6cm) C.kPACITY CL.,UNIE.D BY THE SIGNER Li Individual fsy U, Corporate Officer i ni e'l LI I'artrler{ s} EXJ Art( ey-in-Fact ❑ Tiustee(S) F1 pater iNSTRUCIIONS FOR CONIVL,[TING THIS FORM ,4r v aCknrrn dt7 nretrl conrpieded in Cal forrttrr sru5t Cotnlafn Verbiage eractly as iadrpcars a&t-e in tfre rrotary seeiiori or a .1gms—we crtkrrririetfgmew form nuts; IV proprrtc compfetrd acid afhWhed rCi idiot d0Cr4nTe17r. Tht2 ©nit' es'CWil7n IS tad' a docauterri is to be ris;74)rded *ieisi4e G! Cafrt'orrria_ Ire such &[sarLtrel, rrr€t Alte+narxri ve arkaowie4?,meni verbiage as maY be ,printed on such rr docitmew ;;,V iong rus Aw I r #.+iagr' ;I e'v ;tot readrrire tire, rro;w;y ir, do sorateihiarg Thai t3 a narar.r is Cadi(ornaa (i-ecerifyina the awhari-etd cuttaefty offite signer)- Pieaue check the docurnew carefutiv,t`aar,proffr nowriai wdwdirrg and nttach tdris farm tt'rr4ulrrd. • State and Ccwnty infonnstion must be llk. State and Coutuv where the docuanew sigper(s) per,;,.mally nppeared More the notary public fir; aclntrru letE� nen[. • Date of tsatariration snu: t he tire tote ibrit the signer(s) p•.crsonaily app>_ared which must alcn he the same dm e Owe ic-knowlcdgnumt is completed. • The notity rikhk mutt paicat hig.4,r her name as it appears with rt his or her ecrtninigsuyn followed by a comma and them your title lnviazy public), • Nino the nasne(c) of dreumcnt sagnettsj who pkisonatly appear at the tintc of wrimnZation. • Indicate the eomot t singulir or plural f6fins by CrL;Ssirtg +all tnr-orFM1 fC47nX (i.e. her sbcid ay4 is ?an I or sire -ling the Lout= fens, Fmilure to cort-t�aly indicate this infommtion may lead to rcjcaticws tef docunrw rrcordine • bite notary seal itnntession must be clear and alwlugraplticafly repir-ducihle Itnprc_-srsn tutus not cirrer teat or lines. 6f scul impression siuud es, re -seal if a suli tcicni area permits, wlierwise complelr a differmi acknrrwtedgwertt fornl, • Sip;na[ure of the rimairy pul?IK rn"[ tuarteh the signature on file wilh the ntlice of [he county cle[k, 'r Additional information is ript retttsired but uwId help to ensure [his acknowledgment is not misused or attached to a different document. Indiculc title rx iype of auaehaaJ document, number of pages and date. 4, I.ndicate [he capacity claimed by the signer, If the Claimed capacity is a c[wpc*raie ofl rcer, indicate the title (i e. CEO, CFO, Secretary). • Securely attach this docti went o lice signed dotal Tent CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On August 1 , 2013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik 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 sarne 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. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond — Edinger Avenue (Title or description of attached documenQ Bicycle Path — CC No. 1447 Critic or description of attached document continued) Number of Pages 1 Document Date 7/ 3 0/ 13 City of Huntington Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nmst contain verbiage exacth as appears above in the notate section or a sepmVle acknmr/edgnrent ,/in•tn must be properly completed anti allached to that document. The only ezceInion is it a document is to be recorded outside of California. In such instances, any alterrrcrtive acknov,lecgnient verbiage as nvay be printed on such a document so long as Inc verbiage does not requn-e the notat) to do something that is illegal fr o amen- in California (i.e. certif)Mng the azttltorired capacity of the signet). Please checlr the document carefully for proper notarial irording and allach lhis.form it required. • State and County information must be the State and County ",here the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared \Nhich 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 fonns by crossing oil' incorrect forms (i.c, lie/she/tle�— is /afe ) or circling the correct forms. Failure to correctly indicate this infonnation 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 pennits, otherwise complete a different acknowledgment form • Signature of the notary public must match the SiRnatUrc 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. te Indicate the capacity claimed by the signer. If the claimed capacity is it corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9863 www.NotaryClasses.com �ip SEALED DID FOR EDINGER AVENUE BICYCLE PATH (.BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) CC No. 1439 IN THE CITY Off' 14UNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH ?0,00 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH, CA !-qW Date: 8/1/13 Bid Time: 10:00 AM nn' R 'lly Ju I COOPERATIVE AGREEMENT NO. C-2-1641 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 PROJECT s EDINGER AVENUE BICYCLE PATH A 9 THIS AGREEMENT is effective this ay of .-FehrlaGLi21_ 2013, by and 10 between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, 11 Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to 12 as "AUTHORITY"), and the City of Huntington Beach, 2000 Main Street, Huntington Beach, 13 California 92648, a municipal corporation duly organized and existing under, -the constitution and 14 laws of the State of California (hereinafter referred to as "CITY"), which are sometimes. individually 15 referred to as "PARTY", and collectively referred to as "PARTIES". 16 RECITALS: 17 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define is the roles and responsibilities related to funding between the AUTHORITY and CITY for construction 19 of Edinger Avenue Bicycle Path Project; (hereinafter referred to as "PROJECT"); and 20 WHEREAS, the AUTHORITY through the 2010 Transportation Enhancement Call for 21 Projects (TE) offers an opportunity for local agencies to receive Federal Transit Administration 22 (FTA), Section 5307 funds to be used for construction of transit related transportation enhancement 23 projects including bicycle and pedestrian projects; and 24 WHEREAS, the AUTHORITY is the designated grant recipient for FTA Section 5307 funds; 25 and 26 / Page 1 of 12 L:Camn\CLERICAL\CLERICAL\WORDPROC\AG REE'AG21641 AGREEMENT NO. C-2-1641 1 WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors approved the 2 2010 Transportation Enhancement Priority List of Projects; and 3 WHEREAS, on January 10, 2011, the AUTHORITY's Board of Directors approved an 4 updated priority list of projects for the TE program; and 5 WHEREAS, on September 26, 2011, the AUTHORITY's Board of Directors approved 6 providing funding of up to One Hundred Ninety Two Thousand Three Hundred Thirty Dollars 7 ($192,330) or 75% of the total project cost, final cost is determined at bid award, in FTA Section s 5307 funds for PROJECT, defined in the CITY's application for TE funds which is hereby 9 incorporated by reference; and to WHEREAS, the CITY has agreed to provide non federal funding of up to Sixty Four 11 Thousand. One Hundred Ten Dollars ($64,110) or 25% of the total project cost as determined at bid 12 award, as the required local match for a total PROJECT cost of up to Two Hundred Fifty Six 13 Thousand Four Hundred Forty Dollars ($256,440); and 14 WHEREAS, CITY and AUTHORITY agree that the maximum funding provided by 15 AUTHORITY shall not exceed One Hundred Ninety Two Thousand Three Hundred Thirty Dollars 16 ($192,330) in FTA Section 5307 funds in accordance with the Exhibit A titled "FTA 5307 Funding 17 Plan", which is attached herein and incorporated by reference; and is WHEREAS, the CITY agrees to act as lead Agency for engineering, right-of-way acquisition, 19 construction management and construction of said PROJECT; and 20 WHEREAS, AUTHORITY and CITY agree to enter into this cooperative agreement to enable 21 AUTHORITY to pass along the FTA section 5307 grant funds received from FTA to CITY, contingent 22 upon funding being approved by FTA; and 23 WHEREAS, this Cooperative Agreement defines the specific terms and conditions, funding 24 and compliance responsibilities between AUTHORITY and CITY (hereinafter referred to as 25 "PARTIES") for completion of PROJECT; and 26 WHEREAS, on June 22, 2009, July 12, 2010, January 24, 2011 and September 12, 2011, Page 2 of 12 L:Camm1CLERICALICLE RICALIW ORDPROCWGREE1AG21641 AGREEMENT NO. C-2-1641 1 and with pending future Board action related to the annual FTA, Section 5307 Program of Projects, 2 the AUTHORITY's Board of Directors has authorized the Authority's Chief Executive Officer to file 3 and execute grant related agreements needed to secure and make available the FTA, Section 5307 4 grant program; and s 9 ,, / WHEREAS, the CITY's Council approved the Cooperative Agreement on _1day of 6 / V D ilE)r Q�w 2012. 7 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as s follows: 9 ARTICLE 1. COMPLETE AGREEMENT 10 A. This Agreement, including any attachments incorporated herein and made applicable 11 by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of 12 this agreement between AUTHORITY and CITY and it supersedes all prior representations, 13 understandings, and communications. The invalidity in whole or in part of any term or condition of 14 this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The 15 above referenced Recitals are true and correct and are incorporated by reference herein. 16 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any 17 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 18 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), 19 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any 20 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed 21 in writing by an authorized representative of AUTHORITY by way of a written amendment to this 22 Agreement and issued in accordance with the provisions of this Agreement. 23 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any 24 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 25 CITY's right to such performance or to future performance of such term(s) or condition(s), and 26 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any Page 3 of 12 L:Camm\CLERICAL\CLERI CAL\WORDPROCW G REEW G21641 AGREEMENT NO. C-2-1641 1 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in 2 writing by an authorized representative of CITY by way of a written amendment to this Agreement 3 and issued in accordance with the provisions of this Agreement. 4 ARTICLE 2. SCOPE OF AGREEMENT s This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES 6 as they pertain to the subjects and projects addressed herein. Both AUTHORITY and CITY agree 7 that each will cooperate and coordinate with the other in all activities covered by this Agreement and s any other supplemental agreements that may be required to facilitate purposes thereof. 9 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 10 AUTHORITY agrees to the following responsibilities for PROJECT: 11 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California 12 Association of Governments (SCAG) amend the Federal Transportation Improvement Program (FTIP) 13 to provide up to One Hundred. Ninety Two Thousand Three Hundred Thirty Dollars ($192,330) in FTA 14 funding for PROJECT, whereby AUTHORITY's performance under this Agreement is contingent upon 15 SCAG, Caltrans and FHWA approval. 16 B. AUTHORITY, in accordance with Exhibit A and upon request for reimbursement not 17 more frequently than quarterly in arrears, shall reimburse CITY for 75% of FTA eligible PROJECT 18 expenditures in an amount not to exceed One Hundred Ninety Two Thousand Three Hundred Thirty 19 Dollars ($192,330). 20 C. AUTHORITY shall not be obligated to program any amount beyond what has been 21 identified in this Article. 22 D. AUTHORITY shall process any required FTIP amendments. 23 E. The AUTHORITY shall monitor CITY's compliance with the requirements of FTA's 24 Title VI of the Civil Rights Act of 1964, as per Exhibit F titled "Required Federal Clauses," which is 25 herein incorporated by reference and made a part of this Agreement. 26 F. AUTHORITY to reimburse CITY within thirty (30) days following receipt of an invoice Page 4 of 12 L:Camm1CLERICAL\CLERICAL\WORDPROC\AG REEW G21641 AGREEMENT NO. C-2-1641 1 which is complete, properly prepared, and complies with the requirements of ARTICLE 5 below. 2 G. AUTHORITY shall cancel projects for which the CITY has not awarded a construction 3 contract by June 30th of the fiscal year identified in Exhibit A. 4 ARTICLE 4. RESPONSIBILITIES OF CITY s CITY agrees to the following responsibilities for PROJECT: 6 A. CITY agrees that all funds received pursuant to ARTICLE 3 paragraph A, shall be 7 used exclusively to construct the PROJECT per the TE Call for Projects TE application provided by s the CITY and herein incorporated by reference. 9 B. CITY will act as the lead AGENCY for the engineering, right-of-way, construction and 10 construction management of the PROJECT. 11 C. CITY is responsible for submitting quarterly reports as specified in Exhibit B titled 12 "FTA 5307 Quarterly Report Form" included in this agreement and incorporated into and made part 13 of the agreement for the PROJECT due on April 15, August 15, October 15 and January 15 of each 14 year. 15 D. CITY acknowledges that if the construction contract for the construction phase for the 16 project is not awarded, by June 30 within the fiscal year identified in Exhibit A, the proposed funding 17 will be cancelled by AUTHORITY. 18 E. CITY agrees to provide a minimum of 25% of the final project cost in City funds as the 19 required local match. Based on the existing budget, this amount is estimated to be Sixty Four 20 Thousand One Hundred Ten Dollars ($64,110). Actual match will be determined based on 21 construction contract award amount. 22 F. CITY agrees that the overall budget for this PROJECT is not -to -exceed amount of 23 Two Hundred Fifty Six Thousand Four Hundred Forty Dollars ($256,440); contingent on approval of 24 FTA Section 5307 funds by the FTA. 25 G. CITY agrees that any cost overruns shall be the responsibility of the CITY. 26 / Page 5 of 12 L:Carrn*CLERICALICLERICALIWORDPROCW GREE1AG21641 AGREEMENT NO. C-2-1641 1 H. CITY agrees that any cost savings in construction will be divided proportionally 2 between FTA Section 5307 and local funding based on proportional funding for construction phase 3 in accordance with Exhibit A. a I. CITY is responsible for completing the PROJECT as specified in Exhibit A, timely use s of funds requirements, and to abide by all TE Call for projects guidelines, FTA Section 5307 6 guidelines, Exhibit F and any and all other applicable federal, state or local requirements or laws. 7 The CITY shall comply with the sub -recipient monitoring process performed by the Authority and/or s the AUTHORITY's designee. 9 J. CITY is required to maintain and provide to the AUTHORITY: 10 a. An annual FTA Compliance Self -Certification; 11 b. Notification to beneficiaries of protection under Title VI; 12 c. Title VI complaint procedure; 13 d. Meaningful access to limited -English persons (LEP), low-income and minority 14 persons. 15 K. CITY agrees to comply with all Federal Transit Administration third party procurement 16 and contracting laws and regulations and to include required federal clauses in all third party 17 contracts, as per Exhibit F. 1s L. CITY agrees to provide to AUTHORITY a thirty (30) days written notice, should CITY 19 decide to cancel or terminate the project for which it is seeking funding under this Agreement. 20 ARTICLE 5. REQUEST FOR REIMBURSEMENT 21 A. CITY shall contribute at least 25% required local contribution of matching funds (other 22 than Federal Funds), if any is specified within this Agreement or any attachments hereto, toward the 23 actual costs of PROJECT. 24 B. Not more frequently than quarterly, CITY shall prepare and submit to AUTHORITY an 25 invoice as specified in Exhibit C, titled "Invoice," and supporting documentation as specified in 26 Exhibit D, titled "FTA Funding Reimbursement — Required Supporting Documents" included in this Page 6 of 12 L:Camm1CLERICALICLERICALIWORDPROCWGREEW G21641 AGREEMENT NO. C-2-1641 1 Agreement, which is incorporated into and made part of this Agreement. CITY's invoice shall include 2 allowable PROJECT costs incurred and paid for by CITY consistent with the Project's Scope of 3 Work. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify 4 the accuracy of the included information. Advance payments by AUTHORITY are not allowed. s C. The invoice must be submitted on CITY's letterhead. 6 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts 7 Payable Office. Each invoice shall include the following information: s a. Agreement Number C-2-1641; 9 b. The total of PROJECT expenditures shall specify the percent and amount of 10 Federal Funds to be reimbursed which shall not exceed 75% of the total eligible expenditures. 11 C. Support documentation for all expenses invoiced. 12 d. Adequate detail describing all work completed. 13 e. Such other information as requested by AUTHORITY. 14 E. Eligible Project costs are described in the Federal Grant and in the FTA guidelines. 15 F. CITY should consult with AUTHORITY's Project Manager for questions regarding 16 non -reimbursable expenses. 17 G. Total payments shall not exceed the Funding Amount specified in ARTICLE 3 18 paragraph B above. No invoice will be processed by AUTHORITY after the Federal Grant 19 termination date. 20 H. CITY shall submit final invoice no later than ninety (90) days after final acceptance of 21 project. 22 1. If any amounts paid to CITY are disallowed or not reimbursed by the FTA for any 23 reason, CITY shall remit to AUTHORITY the disallowed or non -reimbursed amount(s) within 30 days 24 from receipt of AUTHORITY's notice. All payments made by AUTHORITY hereunder are subject to 25 the audit provisions contained herein and within the Federal Grant. 26 / Page 7 of 12 L:Canvn\CLERICAL\CLERICAL\WORDPROCW GREE\AG21641 AGREEMENT NO. C-2-1641 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Agreement are delegated to its Mayor, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or designee. ARTICLE 7. AVAILABILITY OF FUNDS This Agreement will allow AUTHORITY to pass along the Federal Funds from the Federal Grant to CITY. The Federal Funds are subject to the terms and conditions of this Agreement, the Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This Agreement neither implies nor obligates any funding commitment by AUTHORITY for the services as specified in Exhibit A. All funds are contingent upon federal appropriation and the FTA's approval of a grant application. If a Letter of No Prejudice is issued by the FTA, CITY shall assume all the risk of spending the Local Match early on in the PROJECT. ARTICLE 8. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of four (44) years after final payment, or until any on- going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in construction contracts with CITY's contractor. ARTICLE 9. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable Page 8of12 L:Cartm\CLERICAL\CLERICAL\W 0 RDPRO CW GREE W G21641 AGREEMENT NO. C-2-1641 1 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 2 worker's compensation subrogation claims, damage to or loss of use of property alleged to be 3 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, 4 employees or agents in connection with or arising out of the performance of this Agreement. s B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, 6 employees and agents from and against any and all claims (including attorney's fees and reasonable 7 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, s worker's compensation subrogation claims, damage to or loss of use of property alleged to be 9 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, 10 employees or agents in connection with or arising out of the performance of this Agreement. 11 C. The indemnification and defense obligations of this Agreement shall survive its 12 expiration or termination. 13 ARTICLE 10. REQUIRED FEDERAL CLAUSES AND CERTIFICATIONS 14 The CITY is required to adhere to the applicable federal clauses provided in Exhibit F. 1s ARTICLE 11. ADDITIONAL PROVISIONS 16 The AUTHORITY and CITY agree to the following mutual responsibilities: 17 A. Term of Agreement: This Agreement shall continue in full force and effect through 18 project completion and final acceptance by AUTHORITY, or 36 months from the date of construction 19 contract award, whichever is earlier. This Agreement may be extended at the mutual consent of 20 both PARTIES. 21 B. Termination: This agreement is null and void if project is not funded. AUTHORITY 22 shall cancel projects for which CITY has not awarded a construction contract by June 30 of the fiscal 23 year identified in Exhibit A. This Agreement may be terminated by either PARTY after giving thirty 24 (30) days written notice. This Agreement shall not be terminated without mutual agreement of both 25 PARTIES. 26 / Page 9 of 12 L:Camm\CLERICAL\CLERICAL\WO RDPROCWGREE\AG21641 AGREEMENT NO. C-2-1641 1 2 C. This Agreement may be amended in writing at any time by the mutual consent of both s PARTIES. No amendment shall have any force or effect unless executed in writing by both a PARTIES. s D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, 6 statues, ordinances and regulations of any governmental authority having jurisdiction over the 7 PROJECT. s E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 9 execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the 10 PARTIES hereto are formally bound to the provisions of this Agreement. 11 F. Severability: If any term, provision, covenant or condition of this Agreement is held to 12 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 13 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 14 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15 G. Counterparts of Agreement: This Agreement may be executed and delivered in any 16 number of counterparts, each of which, when executed and delivered shall be deemed an original 17 and all of which together shall constitute the same agreement. Facsimile signatures will be is permitted. 19 H. Force Maieure: Either PARTY shall be excused from performing its obligations under 20 this Agreement during the time and to the extent that it is prevented from performing by an 21 unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of 22 God; commandeering of material, products, plants or facilities by the federal, state or local government; 23 national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of 24 such cause is presented to the other PARTY, and provided further that such nonperformance is 25 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not 26 performing. Page 10 of 12 L:Camm\CLERICAL\CLERICAL\W ORDPROCW GREEWG21641 AGREEMENT NO. C-2-1641 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force andeffect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY. M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Agreement are to be directed as follows: To AGENCY: To AUTHORITY: City of Huntington Beach Orange County Transportation Authority 2000 Main Street 550 South Main Street Huntington Beach, CA 92648 P. O. Box 14184 Orange, CA 92863-1584 Attention: Travis K. Hopkins, P.E. Attention: Ms. Reem Hashem Director of Public Works Principal Contract Administrator Tel: 714-536-5431 714-560-5446 Email: thopkins@surfcity-hb.org Email: rhashem@octa.net Cc: Ben Ku, Senior Transportation Funding Analyst Page 11 of 12 L:Carrim\CLERI CAL\CLERICALIW ORDPROC\AGREEAG21641 AGREEMENT NO. C-2-1641 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto. O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All work must be completed no later than 36 months after the construction contract award date. This agreement shall be effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-2-1641 to be executed on the date first above written. CITY OF HUNTINGTON BEACH By: Don Hansen Mayor ORANGE COUNTY TRANSPORTATION AUTHORITY By: AA0 Will Kempton Chief Executive Officer ATTEST: APPROVED AS TO FORM: By: By: " 'C� Jea . nn fj; ivy Kennard R. Smart, Jr. City Clerk c/ . General Counsel APPROVED AS TO FORM: APPROVAL RECeNIVENDED: y. 7 ennifer cGrath /J�, Kia Mortazavi City Attorney Executive Direct , Planning 19 L:CarrmICLERICAL\CLERICAL\WORDPRO CWGREE\AG21641 Dated: / -- /"- I %3 Page 12 of 12 AGREEMENT NO., C-2-1641 EXHIBIT A FAEXH%BIT A: FTA 5307 FUNDING PLAN OCTA Project Title: Edinger Avenue Bicycle Path Agency: Huntington Beach Date: 05/18/12 Completion Schedule Date Draft Environmental Document Mar. 2010 Final Environmental Document Mar. 2010 Begin Design Engineering Oct. 2012 Plans, Specifications, and Cost Estimates complete Feb. 2013 Start Right -of -Way Acquisition Mar. 2013 Right -of -Way Certification N/A Submit Request for Authorization for Const (E-76) N/A Ready to Advertise Apr. 2013 Award Construction Jun. 2013 Project Completion (open for use Oct. 2013 Funding: FTA 5307 $192,330 75.00% Local Match $64,110 25.00% Total Funding $256,440 Preliminary Engineering Fund Source Fiscal Year Original Planned Allocation Percentage of Prelim. Engineering Total Prelim. Engineering Subtotal Right -of -Way Fund Source Fiscal Year Original Planned Allocation Percentage of Right - of -Way Total Right -of -Way Subtotal Construction Fund Source Fiscal Year Original Planned Allocation Percentage of Construction Total FTA Section 5307 2013-14 $192,330 75.00% Measure M2 2012-13 $64,110 25.00% Construction Subtotal $256,440 100.00% Name/Title: Jonathan Claudio, Senior Civil Engineer Signature: �s ._G' r.�S Date: /v --.r &Z. Phone: (714) 374-5380 Email: 6claudio .suftity-Wore AGREEMENT NO. C-2-1641 EXHIBIT B EXHIBIT B: FTA 5307 QUARTERLY REPORT FORMA ®C`T,A Project Title: Agency: Schedule Date: Original Current Completion Completion Date Date Draft Environmental Document Final Environmental Document Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right -of -Way Acquisition Right -of -Way Certification Submit Request for Authorization for Const E-76) Ready to Advertise Award Construction Project Completion (open for use) Funding Table: Preliminary Engineering ($000's) Fund Source Fiscal Year Original Planned Allocation Current Estimates Actual Expended Remaining Allocation Right -of -Way ($000's) Fund Source Fiscal Year Original Planned Allocation Current Estimates Actual Expended Remaining Allocation Construction ($000's) Fund Source Fiscal Year Original Planned Allocation Revised Allocation Actual Expended Remaining Allocation AGREEMENT NO. C-2-1641 EXHIBIT B Major Activities: Status: Issues: Name/Title: Signature: Phone: Email: AGREEMENT NO. C-2-1641 EXHIBIT C EXHIBIT C: INVOICE TEMPLATE FA Project Title: OCTA Agency: Date: To: Orange County Transportation Authority Invoice Number 550 S Main Street Invoice Date P.O. Box 14184 Contract Number Orange, CA 92863-1584 Approved FTA 5307 Attn: Adriann Cardoso Actual Local Match 0% I hereby certify that the statements provided here are true and correct regarding the Project. The invoice is a true, complete and correct statement of work performed, reimbursable costs and progress; The backup information included with the invoice is true, complete and correct in all material respects. Signed Date * This is a template. Local agencies may develop their own form as long as all the relevant information is present. AGREEMENT NO. C-2-1641 EXHIBIT D EXHIBIT D: ETA FUNDING REIMBURSEMENT — FA REQUIRED SUPPORTING DOCUMENTS OCTA Project Title: Agency: Date: Required Attachments: []Detailed Project Description Invoice Supporting Documentation: Vendor/Contract Invoices Cancelled Checks or Proof of Payment with Payment Date Council Action aproving Contract (First Invoice Only) Cost Estimate Update (First Invoice Only) AtJKCCIV1MNI NU.I.-Y=11041 EXHIBIT E FTA 5307: OCTA Staff Verification OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete and ready for use. Proiect Title Page 4 AGREEMENT NO. C-2-1641 REQUIRED FEDERAL CLAUSES DEFINITIONS EXHIBIT F The Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY"). ., (hereinafter referred to as "CITY'). The following provisions apply to all agreements regardless of its value: ARTICLE 1. FEDERAL CHANGES CITY shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement between the AUTHORITY and FTA, as they may be amended or promulgated from time to time during this Agreement. CITY's failure to comply shall constitute a material breach of contract. ARTICLE 2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES AUTHORITY and CITY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the AUTHORITY, CITY, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from the underlying Agreement. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS A. CITY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement, CITY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement of the FTA assisted project for which this Agreement's work is being performed. CITY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties of the Program Fraud Civil Remedies Act of 1986 on the CITY to the extent the Federal Government deems appropriate. B. CITY also acknowledges that if it makes, or causes to be made, a false, fictitious, or Orange County Transportation Authority Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F fraudulent claim, statement, submission, or certification to the Federal Government under an agreement connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the CITY, to the extent the Federal Government deems appropriate. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 4. CIVIL RIGHTS ASSURANCE During the performance of this Agreement, CITY, for itself, its assignees and successors in interest agree as follows: A. Compliance with Regulations: CITY shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: CITY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CITY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CITY for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CITY of the CITY's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: CITY shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the AUTHORITY to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CITY is in the exclusive possession of another who fails or refuses to furnish this information the CITY shall so certify to the AUTHORITY as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the CITY's noncompliance with nondiscrimination provisions of this Agreement, the AUTHORITY shall impose Agreement sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CITY under the Agreement until the CITY complies; and/or 2. Cancellation, termination, or suspension of the Agreement, in whole or in part. F. Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of Orange County Transportation Authority 2 Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F Transportation —Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702.1, "Title VI and Title VI -Dependent Guidelines for FTA Recipients," 05-13-07, provides FTA guidance and instructions for implementing DOT's Title VI regulations. G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. H. Incorporation of Provisions: CITY shall include the provisions of paragraphs (A) through (H) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CITY shall take such action with respect to any subcontract or procurement as the AUTHORITY may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a CITY becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CITY may request the AUTHORITY to enter into such litigation to protect the interests of the AUTHORITY, and, in addition, the CITY may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 5. DISADVANTAGED BUSINESS ENTERPRISES A. In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Orange County Transportation Authority (AUTHORITY) has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs". The project is subject to these stipulated regulations. In order to ensure that the Authority achieves its overall DBE Program goals and objectives, the Authority encourages the participation of DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these Regulations, it is also the policy of the Authority to: 1. Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of Authority's DOT -assisted contracting opportunities. 2. Ensure that DBEs can fairly compete for and perform on all DOT -assisted contracts and subcontracts. 3. Ensure non-discrimination in the award and administration of AUTHORITY's DOT -assisted contracts. 4. Create a level playing field on which DBEs can compete fairly for DOT -assisted contracts. 5. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. 6. Help remove barriers to the participation of DBEs in DOT -assisted contracts. 7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program. B. CITY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Any terms used in this section that are defined in 49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the Authority's DBE Program with respect to DOT -assisted contracts, the Regulations shall prevail. Orange County Transportation Authority 3 Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F C. AUTHORITY's New Race -Neutral DBE Policy Implementation Directives: Pursuant to recently released Race -Neutral DBE policy directives issued by the U.S. DOT in response to the Ninth Circuit U.S. Court of Appeals decision in Western States Paving Co. v. Washington State Department of Transportation, the Authority has implemented a wholly Race -Neutral DBE Program. A Race -Neutral DBE Program is one that, while benefiting DBEs, is not solely focused on DBE firms. Therefore, under a Race -Neutral DBE Program, AUTHORITY does not establish numeric race -conscious DBE participation goals on its DOT -assisted contracts. CITY shall not be required to achieve a specific level of DBE participation as a condition of contract compliance in the performance of this DOT -assisted contract. However, CITY shall adhere to race -neutral DBE participation commitment(s) made at the time of contract award. D. Definitions: The following definitions apply to the terms as used in these provisions: 1. "Disadvantaged Business Enterprise (DBE)" means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly -owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2. "Small Business Concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average .gross receipts in excess of $19.57 million over the previous three fiscal years. 3. "Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, or Asian - Indian Americans, women and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act, or by the Authority pursuant to 49 CFR part 26.65. Members of the following groups are presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; e. "Asian -Indian Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh; and f. Women, regardless of ethnicity or race. 4. "Owned and Controlled" means a business: (a) which is at least 51 percent owned by one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a publicly -owned business, at least 51 percent of the stock of which is owned by one or more Orange County Transportation Authority 4 Revised. 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F "Socially and Economically Disadvantaged Individuals"; and (b) whose management and daily business operations are controlled by one or more such individuals. 5. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the CITY. 6. "Regular Dealer" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and in its own name, the purchase and sale of the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment. 7. "Other Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case -by -case basis, are determined by Small Business Administration or AUTHORITY to meet the social and economic disadvantage criteria described below. a. Social Disadvantage: The individual's social disadvantage must stem from his/her color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. i. The individual must demonstrate that he/she has personally suffered social disadvantage. ii. The individual's social disadvantage must be rooted in treatment, which he/she has experienced in American society, not in other countries. iii The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant. iv. The individual's social disadvantage must have negatively affected his/her entry into and/or advancement in the business world. v. A determination of social disadvantage must be made before proceeding to make a determination of economic disadvantage. b. Economic Disadvantage i. The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged. ii. The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage: With respect to the individual: • availability of financing • bonding capability • availability of outside equity capital • available markets With respect to the individual and the business concern: • personal and business assets • personal and business net worth • personal and business income and profits E. Race -Neutral DBE Submission and Ongoing Reporting Requirements (Post - Award). Orange County Transportation Authority 5 Revised. 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F CITY shall complete and submit the following DBE exhibits (forms) at the times specified: "Monthly Race -Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103). If CITY is a DBE firm and/or has proposed to utilize DBE firms, CITY will be required to complete and submit a Form 103 to AUTHORITY by the 10" of each month until completion of the contract to facilitate reporting of race -neutral DBE participation, following the first month of contract activity. CITY shall report the total dollar value paid to DBEs for the applicable reporting period. CITY shall also report the DBE's scope of work and the total subcontract value of commitment for each DBE reported. CITY is advised not to report the participation of DBEs toward CITY's race -neutral DBE attainment until the amount being counted has been paid to the DBE. Upon completion of the contract, CITY will be required to prepare and submit to the Authority a "Race -Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103) clearly marked "Final" to facilitate reporting and capturing actual DBE race -neutral attainments. CITY shall complete and submit a Final Form 103 whether or not DBEs were utilized in the performance of the contract. F. DBE Eligibility and Commercially Useful Function Standards: A DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, CITY of material or supplies, or as a trucking company. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: The CUCP web site, which can be accessed at http:/Avww.californiaucp.com; or the Caltrans "Civil Rights" web site at http://www.dot.ca.gov/hq/bep. The CUCP DBE Directory, which may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815; Telephone: (916) 445-3520. G. DBE Crediting Provisions: When a DBE is proposed to participate in the contract, either as a prime CITY or Subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards race -neutral DBE participation. If CITY is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. If a DBE intends to subcontract part of the work of its subcontract to a lower tier Subcontractor, the value of the subcontracted work may be counted toward race -neutral DBE participation only if the DBE Subcontractor is a certified DBE and actually performs the work with their own forces. Services subcontracted to a non -DBE firm may not be credited toward the prime Contractor's race -neutral DBE attainment. CITY is to calculate and credit participation by eligible DBE CITYs of equipment, materials, and suppliers toward race -neutral DBE attainment, as follows: Sixty percent (60%) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a regular dealer; or One hundred percent (100%) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a DBE manufacturer. The following types of fees or commissions paid to DBE Subcontractors, Brokers, and Packagers may be credited toward the prime CITY's race -neutral DBE attainment, Orange County Transportation Authority 6 Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract. CITY may count the participation of DBE trucking companies toward race -neutral DBE attainment, as follows: The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. If CITY listed a non -certified DBE Vt tier subcontractor to perform work on this contract, and the non -certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower tier DBE certified Subcontractor or CITY, the value of work performed by the lower tier DBE firm's own forces can be counted toward race -neutral DBE participation on the contract. H. Performance of DBE Subcontractors: DBE subcontractors listed by CITY in its "DBE Race -Neutral Participation Listing" (Exhibit D-2) submitted at the time of proposal submittal shall perform the work and supply the materials for which they are listed, unless the CITY has received prior written authorization from the Authority to perform the work with other forces or to obtain the materials from other sources. CITY shall provide written notification to the AUTHORITY in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. I. Additional DBE Subcontractors: In the event CITY identifies additional DBE subcontractors or suppliers not previously identified by CITY for race -neutral DBE participation under the contract, CITY shall notify the Authority by submitting "Request for Additional DBE Firm" to enable CITY to capture all race -neutral DBE participation. CITY shall also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). J. DBE Certification Status: If a listed DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify CITY in writing with the date of decertification. If a non -DBE subcontractor becomes a certified DBE during the life of the Orange County Transportation Authority 7 Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F project, the DBE subcontractor shall notify CITY in writing with the date of certification. CITY shall furnish the written documentation to AUTHORITY in a timely manner. K. CITY's Assurance Clause Regarding Non -Discrimination: In compliance with State and Federal anti -discrimination laws, CITY shall affirm that they will not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of contract award opportunities. Further, CITY shall affirm that they will consider, and utilize subcontractors and CITYs, in a manner consistent with non-discrimination objectives. ARTICLE 6. ACCESS TO RECORDS AND REPORTS CITY shall provide AUTHORITY, the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities of the CITY which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. CITY shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by AUTHORITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. ARTICLE 7. INCORPORATION OF FTA TERMS All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.1 F, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. CITY shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause AUTHORITY to be in violation of the FTA terms and conditions. ARTICLE 8. ENERGY CONSERVATION REQUIREMENTS CITY shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy Conservation Act. ARTICLE 9. FLY AMERICA REQUIREMENTS CITY agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that Orange County Transportation Authority 8 Revised. 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F recipients and sub -recipient of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. CITY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation. ARTICLE '10. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN VESSEL A. CITY shall utilize privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States - flag commercial vessels. B. CITY shall furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipping originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of lading in English for each shipment of cargo described in paragraph A of this Article to AUTHORITY (through the CITY's prime CONTRACTOR in the case of subcontractor bills -of -fading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, marked with appropriate identification of the project. ARTICLE '11. PROHIBITED INTERESTS A. CITY covenants that, for the term of this Agreement, no director, member, officer or employee of AUTHORITY during his/her tenure in office or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. B. No member of or delegate to, the Congress of the United States shall have any interest, direct or indirect, in this Agreement or to the benefits thereof. B. Failure to comply with this Article may result in nonpayment or termination of this Agreement. ARTICLE 12. PRIVACY ACT CITY shall comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a. Among other things, CITY agrees to obtain the express consent of the Federal Government before the CITY or its employees operate a system of records on behalf of the Federal Government. CITY understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Orange County Transportation Authority 9 Revised: 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F Agreement. ARTICLE 13. CONFLICT OF INTEREST CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest means that due to other activities, relationships or contracts, the CITY is unable, or potentially unable to render impartial assistance or advice to the Authority; CITY's objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or the CITY has an. unfair competitive advantage. CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. All disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this Agreement. ARTICLE 14. CODE OF CONDUCT CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third Party contracts which is hereby referenced and by this reference is incorporated herein. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 15. PROTEST PROCEDURES The Authority has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting the Contract Administrator/Buyer responsible for this procurement. Any protest filed by the CITY in connection with this solicitation must be submitted in accordance with the Authority's written procedures. The following additional provisions apply to all agreements over $10,000 ARTICLE 16. TERMINATION A. AUTHORITY may terminate this Agreement for its convenience at any time, in whole or part, by giving CITY written, notice thereof. Upon termination, AUTHORITY shall pay CITY its allowable costs incurred to date of that portion terminated. Said termination shall be construed in accordance with the provisions of CFR Title 48, Chapter 1, Part 49, of the Federal Acquisition Regulation (FAR) and specific subparts and other provisions thereof applicable to termination for convenience. If AUTHORITY sees fit to terminate this Agreement for convenience, said notice shall be given to CITY in accordance with the provisions of the FAR referenced above. Upon receipt of said notification, CITY agrees to comply with all applicable provisions of the FAR pertaining to termination for convenience. . B. AUTHORITY may terminate this Agreement for CITY's default if a federal or state Orange County Transportation Authority 10 Revised: 10/2&2010 AGREEMENT NO. C-2-1641 EXHIBIT F proceeding for the relief of debtors is undertaken by or against CITY, or if CITY makes an assignment for the benefit of creditors, or for cause if CITY fails to perform in accordance with the scope of work or breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by AUTHORITY. CITY shall be liable for any and all reasonable costs incurred by AUTHORITY as a result of such default or breach including, but not limited to, reprocurement costs of the same or similar services defaulted by CITY under this Agreement. Such termination shall comply with CFR Title 48, Chapter 1, Part 49, of the FAR. ARTICLE 17. RECYCLED PRODUCTS CITY shall comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in subpart B of 40 CFR Part 247. CITY agrees to include this requirement in all of its subcontracts. The following additional provisions apply to all agreements over $25,000 ARTICLE 18. DEBARMENT & SUSPENSION: CERTIFICATION REGARDING DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS - PRIMARY PARTICIPANT AND LOWER -TIER PARTICIPANTS Unless otherwise permitted by law, any person or firm that is debarred, suspended, or voluntarily excluded, as defined in the Federal Transit Administration (FTA) Circular 2015.1, dated April 28, 1989, may not take part in any federally funded transaction, either as a participant or a principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the Authority, acting on behalf of the District, may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons or firms during such period. A certification process has been established by 49 CFR Part 29, as a means to ensure that debarred suspended or voluntarily excluded persons or firms do not participate in Federally assisted projects. The inability to provide the required certification will not necessarily result in denial of participation in a covered transaction. A person or firm that is unable to provide a positive certification as required by this solicitation must submit a complete explanation attached to the certification. FTA will consider the certification and any accompanying explanation in determining whether or not to provide assistance for the project. Failure to furnish a certification or an explanation may disqualify that person or firm from participating in the project. The followinq additional provisions apply to all aareements over $100.000: ARTICLE 19. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a Orange County Transportation Authority 11 Revised, 1012512010 AGREEMENT NO. C-2-1641 EXHIBIT F question of fact arising under this Agreement which is not disposed of by supplemental agreement shall be decided by AUTHORITY's Director, Contracts Administration and Materials Management (CAMM), who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to CITY. The decision of the Director, CAMM, shall be final and conclusive. B. The provisions of this Article shall not be pleaded in any suit involving a question of fact arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged, provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, CITY shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. C. Pending final decision of a dispute hereunder, CITY shall proceed diligently with the performance of this Agreement and in accordance with the decision of AUTHORITY's Director, CAMM. This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final the decision of any AUTHORITY official or representative on a question of law, which questions shall be settled in accordance with the laws of the state of California. ARTICLE 20. CLEAN WATER REQUIREMENTS CiTY shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CITY shall report each violation to AUTHORITY and understands and agrees that the AUTHORITY who will in turn, report each violation as required to assure notification to FTA and appropriate EPA Regional Office. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 21. CLEAN AIR CONTRACTORS shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CITY shall report each violation to AUTHORITY, who will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 22. LOBBYING CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying". Each tier certifies to the above that it will not or has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any City, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with Orange County Transportation Authority 12 Revised: 10/25/2010 AGREEMENT NO. C-2-1641 EXHIBIT F respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ARTICLE 23. BUY AMERICA A. CONTRACTOR is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this Project shall occur in the United States; with the exception that pig iron and processed, pellitized and reduced iron ore manufactured outside of the United States may be used in domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered'a manufacturing process subject to the "Buy America" requirements. B. A Certificate of Compliance, conforming to the provisions of this Article shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions listed herein. C. The requirements imposed by law and regulations do not prevent a minimal use of foreign steel and iron materials of the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. CONTRACTOR shall fumish the CITY acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials in the work. Orange County Transportation Authority 13 Revised. 1012512010 Client#: 1265037 305GMCENG ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 810912013 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 BB&T Insurance Services of Orange County CONTACT NAME: Vanessa Maldonado PVHC"N �t , 714 578-7256 a c, No): 877-297-1116 ADDRESS: vmaidonado@bbandt.com 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Great American Assurance Co 26344 INSURED Gass Construction Company, Inc. 1401 Warner Avenue #B Tustin, CA 92780-6457 INSURER B : Nationwide Mutual Insurance Co - 23787 INSURERC: Scottsdale Insurance Company 41297 INSURER D : Comp State CIns Fund of CA 35076 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MYYYM/DD/Y POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY GLP4647990 0612512013 0612512014 EACH OCCURRENCE $1,000,000 PREMISES Ea RENTED $50000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ Excluded CLAIMS -MADE ® OCCUR - - PERSONAL & ADV INJURY $1,000,000 X BI/PD Ded: $5,000 GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2,000,000 $ POLICY FX PRO LOC JECT B AUTOMOBILE LIABILITY ACPBA7815631474 6/25/2013 06/25/201 Ee a.denMBINED SINGLE LIMIT 1,0009000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) - $ ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS Edent DAMAGE (Per ERTY accident) $ C UMBRELLA LIAB X OCCUR XLS0088994 0612512013 06/25/201 EACH OCCURRENCE s3,000,000 AGGREGATE $3 000,000 X EXCESS LIAB CLAIMS -MADE DED I X RETENTION $0 $ D 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 904675013 A c T FORM: ROVED AS i O 1[- ( 3/01/2013 !y*i's 03/01/201 X WC STAM T ORH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 y/f� }`�/«�f/i �Wv�ny ��i-�♦(�� 1 I�,RNNIVER i4M�/Sli� `^j{...'A�� 1 vtt ".^ 043 ivy DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE:-CC-1447 - Edinger Avenue Bicycle Path Project. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured as respects general and auto liability, and this insurance is primary and noncontributory with any other insurance of the additional insured as required by written contract, per attached endorsement(s). (See Attached Descriptions) City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 SHOULD ANY.,OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI ATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDA CEt WITH /I9t P'&LICY PROVISIONS. 98 ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S109097381M10677644 TION. All rights reserved. VLMAL SAGITTA 25.3 (2010105) 2 of 2 #S10909738/M10677644 Polio No. GLP4647990 CG 20 37 07 04 O.Z 1: ! This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): I Location And Description Of Completed Operations Any person or organization that 'you" and such person Only Per Certificate(s) of Insurance accepted by and or organization have agreed in writing in a contract or on file with "us" agreement that such person or organization be added as an additional insured on "your' policy, but only for "your work" performed during this policy period. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Additional Premium: $Included 'Your work" performed during this policy period Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11— Who is an Insured is amended to include as an .additional insured the person(s) or organization (s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage caused, in whole or in part, by "your worK' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 9 of 1 Policy No. GLP4647990 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS m AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy No. GLP4647990 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy No. GLP4647990 GAC 3649 CG (Ed. 11/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649 CG (Ed. 11/06) Page 1 of 1 0 Policy No. ACP7815631474 COMMERCIAL AUTO AC 01 02 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a � 4 —� ��, '•• __ �_ _ � / �. '� � I1 • � 3 _ i _ ICI. I This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under the COVERED AUTOS SECTION, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of the COVERED AUTOS SECTION is replaced by the following: 2. If Symbol(s) 7 or 67 is entered next to coverage in Item Two of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "au- to" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion in the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodi- ly injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur-, ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added to the PHYSICAL DAMAGE COVERAGE SECTION: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE SECTION, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. AC 01 02 03 10 4. The cost of repairing or replacing may: 4. A member, if you are a limited liability com- a. Be based on an estimate which includes pany. parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non -original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION— B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the "auto", such as, but not limited existing at the inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our right to collect addi- immediately before the "loss" and the tional premium or exercise our right of cancella- cost to replace that part with a new part. tion or nonrenewal. L. AUTOS HIRED OR RENTED BY 5. If we offer to pay the actual cash value of EMPLOYEES the damaged or stolen property, we will val- If hired or rented "autos" are covered "autos" on ue auto advertising wraps, paint customiza- tion, and similar business related advertising this policy, the following provisions apply: modifications, in addition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In - wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured" while and physical condition. operating an "auto" hired or rented under a I. GLASS REPAIR —WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" name, with your permission, while performing Under Paragraph D. Deductible of the duties related to the conduct of your busi- PHYSICAL DAMAGE COVERAGE SECTION, ness. the following is added: B. Changes In General Conditions No deductible applies to glass damage if the Paragraph 5.b. of the Other Insurance glass is repaired rather than replaced. Condition in the Business Auto Coverage J. AMENDED DUTIES IN EVENT OF ACCIDENT, Form and Paragraph 5.f.of the Other Insur- CLAIM, SUIT, OR LOSS ance Condition in the Motor Carrier Cover - The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following: the Event Of Accident, Claim, Suit Or Loss — of For Hired Auto Physical Damage Coverage, the BUSINESS AUTO CONDITIONS SECTION the following are deemed to be covered "au - and the MOTOR CARRIER CONDITIONS tos" you own: SECTION that you must notify us of an "acci- "claim", "suit", "loss" 1. Any covered "auto" you lease, hire, rent dent", or applies only when "suit", "loss" or borrow; and the "accident", "claim", or is known to : 2. Any covered "auto" hired or rented by 1. You, if you are an individual your "employee" under a contract in that individual "employee's" name, with your 2. A partner, if you are a partnership; permission, while performing duties re- 3. An executive officer or the employee desig- lated to the conduct of your business. nated by you to give such notice if you are a However, any "auto" that is leased, hired, corporation; or rented or borrowed with a driver is not a covered "auto". AC 0102 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 01 02 03 10 M. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- burse ment is payable. N. LIBERALIZATION Paragraph 3, of the General Conditions is re- placed by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. 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 August 21, 2013 GASS Construction Company, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Re: Edinger Avenue Bicycle Path Project — CC-1447 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, Jo'7r L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Certification of Compliance with Prevailing Wage haws 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: Proj ect: 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 California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AS TQEOW CITY ATPORN Y -TS o3- ab .(5110 247542.1 1 CONTRACTOWS CER'TiFICA'TE L , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach C City' on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3_ Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONF" ): 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 , 24. (Signature of Declarant) APPROVED AS TO FORM By: � �/6 -AJ 3 • Zo • �Cp Name: [Type Name] Title: [Type Title] 245914 .1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 -Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment. because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national. origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Namel Title: [Type Title] IF A CANEY I-L) 3-2�6-UP 245911.1 RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance 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 Letter of C Other Re: Tract No. CC No. MSC No. Other No g:/forms/bond transn id No. it Bond No. to treasurer (Company Name) �00 a �'oo V Approved Zk3 (Coun (1Appr al Date) Agenda Item No. /� City Clerk Vault No. - 16n2o e o SIRE System ID No. Bond No, 58708004 Premium: Included PAYMENT BOND (LABOR ,AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to GASS Construction Company, Inc. 1401 Warner Avenue, Suite B, Tustin, CA 92780 (name and address of Contractor) (hereinafter referred to as "Principal'), a contract ("Contract") for the work described as follows: CC 1447: Edinger Avenue Bicycle Path Project (project title) WHEREAS, Principal is required under the terms of the Contract and the Cal"lfomia Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Western Surety Company 1455 Frazee Road, Suite 801, San Diego, CA 92108 (name and address of Surety) (a duly admitted surety 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 Three Hundred Thirty Two Thousand and 00/100 --------------------- ---------------------------------- dollars, ($ 332,000.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or. Its heirs, executors, administrators, successors or assigns, or subcontractors shall fall 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 tabor 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, 277M.I PAYMENT BOND Page 1 of 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On August 13, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature P. ZEIS COMM. #1974C59 z QM Notary Public - California Z Orange County C y Comm, Expires Apr, 29, 2016� (Notary Seal) ADDITIONAL OPTIONAL INFCIRMA110N DESCRIPTION OF THE ATTACHED DOCUMENT (Title otdescriptume,f�twohcsl{te t,rtn�rntt (1-ide or dcscriptic n ufattscbed docwnent cunt-inuod) Nuntf_Mr of Pages Docu-meet Date (rtddiiirmal information) CAPACITY CLAINIED BY THE SIGNER U Individual (s) C', Corporate Owit cr ;Title) loartw4s) 9 Attorney -in -Fact ❑ Truster(s) p tither INSTRUCTIONS FOR COMPLETING THIS FORM ,4n,v dCkar(rr irAgrufar7 crztrapleaed it Cat fotnl,r arkr.91 ('r)aacxin verbiage exactly a0 a1rpears trtoue in the trotary secrion ar a .sepurwe earkne ietfgmaent form anus iw prupertw completed and armeherd to ihaf docnnrerrt. Ax. omr exyefxrion iS t}' ra docnArerri is to &F revaan-kd oieW4e Gi C`tafi (aria- ,rn such WU911tCeS, 071' rt.'rerntyti a•2 ackatak,ILek2anenr iw-Mtge as M av be prinied are such to doctrmeat .so Jorrg eke. riar r-ertbidge d0eq near r('rrrire vibe troaat}l to do soratetiifarg rhea fS i!#eg:rf for tt rurrmrr ia; Cairfrerwia (i.ecertif>riara the ariAori-ed capoNry o the signer)- Please check the doC-4Mr'+u nlryfit fly (or proper noafir ia) Iva'ding trnd attach this. fo rM ij reg14 red. • Stute and County infornration must be dw.. Swir and Couruv where tht &cumew signer(sl personally aptseared before, the notary public fnc ncktltrtt laf�rnent. • Bate of w"reyation trust he tltes data that the signeci;sl personally appeared whist; must also he the .;h, the date rhi^ ae: knowHi;rn-nt is completed. • 77w notary public tneu paint his ur her narnr as it appens withirt his or her comanissi«n folkiwedby a cocain ar-d then your title �rko r- public), ■ Mat the tnaiae{s) t,f , oewmcnR sigucifs) who pcasoanally appear at the tints of nowiz'46e1n. • Indi4atc the tormct singa&ir or plural farms by c-nwMs e,ll' iru:orrrcl farms ti.e. h-wslikodtox,- is Ion ► or circ ling dtc coned fix -rim Poilurn to correctly indicate this inlotmantion may lead to rejectimt Pf d(Kua eat recoodine_ • The notary seal impression must bee clear ;toil ohoteigraphicslly repmducible linpression tntiS1 nl7i cuV01 le-M ctr links. if seal impression anudges, re -seal it a suts cicnl area permits, otherwise erFrrrpl Lr a different acknrwtedgmett form. * Signawre of the nWrk public must inatch the si-naturc on file with the office of the G*anty clerk. 1'1 Additxmal infurmatkn is nix required but euuM help to ensure this ec&nowledtrracrit is not inistt;ed or attached to a dtltercm docti niCnt. lndicole iitk or type of auaebed document, number of pages and date, �s Indicare the Capacity claimed by the signer. If Lhe claimed capacity is a ce4porate oflKer, indicate 1k ta.le(i..e. CEO, t_ F0, S'rcretary). ■ Securr4y attach this document to the signed &e.-u rient CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Aug. 13, 2013 before me, Barbara A. Myers, Notary Public , (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the persons' whose name( is/,am subscribed to the within instrument and acknowledged to me that he/_*&Iha y executed the same in hisZher/thctr authorized capacity(iegs , and that by his/ber/their signature(, on the instrument the person(sj-, 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. BARBARA A. MYERS Commission # 1980419 tay • Californi a z WITNESS my hand and offici seal, AiorPudic Orange County m M Comm. ires dun 1, 2016 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Payment Bond — CC 1447 (Title or description of attached document) Edinger Avenue Bicycle Path (Title or description of attached document continued) Number of Pages 2 Document Date 8/ 13 13 City of Huntington Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. /n 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 authorised capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/>hey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www,NotaryClasses.com Bond No. 58708004 Premium: $3586.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated August 19th , 2013 , entered into a contract with ._GASS Construction Company, Inc. 1401 Warner Avenue, Suite B, Tustin, CA 92780 (name and address of Contractor) (hereinafter referred to as "Principal'), for performance of the work described as follows: CC 1447; Edinger Avenue Bicycle Path Project (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Western Surety Company 145.5 Frazee Road, Suite 801, San Diego, CA 92108 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of Califomia and hereinafter referred to as "Surety), as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Thirty Two Thousand and 00/100 --------------------------------------------------=------- Dollars ($-33 _000 00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly 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 drone and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and V7393.1 PERFORMANCE BOND Page i of 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On August 13, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey Re Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature P. ZEIS Comm. #1974059 z =sl> Notary Public • California o Z i• Orange County My Comm. Expires Apr. 29, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF T14E ATTACHED DOCUMENT (Title ordesa�irxion 1,17anachedtt_'urnvtti f Title or dcscriptian oftittachcd dactunew cantiruCti) Nutnhcr (if Page,, Decurnerit Datc (ndt3tti7nal inR)j7naticm) CAPACIT 7 C.LAMIED BY THE SIONER Li Individi. al (s) L Corporate t}Beer ;Titus L.� Parttlel•{s} ,"orney-i i)-Far<t ❑ Tttistet;(s) ® t,}tlier FNISTRUCT ONS FOR CONHIF STING THIS FORM 9, lcktrtrwli'r>grate rrt z;rrampleted in Cat foxmf t hUkA.' irO+ IMP Lerbr age exactly art 411?pcars t;&Le in r$e rrotaxry secrion or a sgmr•ae tacnvw•iedgrrent farm ajun lea, prat,erPv completed and artach d To drof t'DUrawreret_ Tf- attar earep"i'm is If a dorumem i; to he recatrde?r1 rkaside 1(fCafrt"credd. Insuch 4rI' vleermrar;n•e avknowkLzpnent verbiage as mat, be prWed on such n d0flemear sr' t0re9 14e rkc rhiagta dfu's rtcrt re Tfirc *ET arcrrnr}r fc1 do SOfflelhirrg (40f eS rfiegarf,(ttr tT RMOrr it Cerf;rcarrthr file, certi img the imihori ,ed catrl2cl� t- of me signer)- Please Che-4 the tftic•umerrl cnr•e,�ttily (�-,r pr apzr lsaloria} w tAr�jm;r' ant; ttrtsch rlris f3,nar f}'r•egrairra�. a State and Gutty informs6cm must be the, flute and Coumy %,here the docuirim si rrrr{s'I Pc +G4f15 appeared tref<,re the tttrtary tmblic fnr nc&Elti--le'rf�rttertt. • Dale of rctariration musa be the dAte. that the signers l persttnaiHy appeamd which must also he the :�isne date. live wknowledgmmi is --ortplet.-d. i The notary Public rmutst price hie orkr naw as it r�ppou-s v;'ithi,t his or har Frj�¢tmte°.fii eJn followed `V i (:nmma and then yout title ?nota7 public), • Priat the name(s) of d,(w,nent signex(s) who s1cts"Atatl} appt nr at the tine of ratrtrizatinn. • Indicta:tu the ❑orr:ct singwW or plural formes by -rcrssing tiff hvc-orrtci forms 0.0. hvshc dwh is,Iet,e p or circling. Eire cornea funara, Fasilum it, C'nrroitly indkMic this infcxntation may Icad to trjulirat of dcwmtrrcnt mording- • The notary seal itnr,ression tnutit be tGear and IftAugraphically' rtprv,ducible. Impression trust ttcx dryer teat [n likes. ff seal impsesswn s+nulges, re-rCal [F a su€ircitnt arra pcfmits, vilivm'ise c: rmplete a diffcreatt ackrt rwledgment fonn, Signature of 111C notary public trust twawh the signature om file with Lite office Of the C:oanty cl- elk. 4t Additional into`nnation is not recltatted but cuuM help to -war-, this acknDwIledgment is not miswed or u ttached to a diffe±rtnt siorunicri. IndicMe title cw iype ofuttachtm] document, numbetofpages and &ie, 4, Endicvte the c.apacityt claimed by the sivier. If the elairrted capac-i'ty is a ctuporate orl rcer, indicate the - title (i_e, CEO, t= F"V 1, Se miasy) ■ Securely attach this document to the sigried tffst:uuttmt CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Aug. 13, 2013 before Irfe, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the personJ8 f' whose narnekz) is/ate subscribed to the within instrument and acknowledged to me that he/s#e/tbq executed the same in his/�/rhea authorized capacity(w.R), and that by his/be- their signature(T) on the instrument the person($, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officials 1. Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Performance Bond - CC 1447 (Title or description of attached document) Edinger Avenue Bicycle Path ('Title or description of attached document continued) Number of Pages 2 Document Date $ 1 3 1 3 City of Huntington Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) K Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completer/ in California must contain verbiage ecrretli as appears above in the notat)- section or a separate acknou!lecl,ment form must be properly completer/ and attached to that document. The only exception is iJa document is to be recorder/ outside q C'alifbrnia. to such instances. any ahernutive acknowledgment verbiage as may be p-inted on such a document so long, as the verbiage does not require the notai2� to do something that is illegalfin- a nolar) in California (i.e. certifying the mwhori=ed capacity o/ the s(gnet). Please checfi dic document carefully for proper notarial wording and attach this form if'required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowied ment, • 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 notar), public must print his Or her name as it appears within his ur.hcr 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, 4e/she/tlie�, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reprodurihle. Impression must not cover text or lines. If seal impression smud"es. re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. Additional infonnation 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 Vcrsion CAPA vl2.10.07 800-873-9865 www.NotaryCIasses, corn Dept. ID PW 13-058 Page 1 of 3 Meeting Date: 8/19/2013 • OIL MEETING DATE: 8/19/2013 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 $322,000.00 to GASS Construction Co., Inc., for the Edinger Avenue Bicycle Path Project, CC-1447; approve withdrawal of apparent low bid from Patriot Paving and declare PALP Inc. dba Excel Paving Company and Unique Performance Construction. Inc. as non -responsive Statement of Issue: On August 1, 2013, bids were opened for the Edinger Avenue Bicycle Path Project, CC-1447. Staff requests that the City Council award the contract to GASS Construction Co., Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $64,600 were budgeted in the Edinger Parkway Account No. 21390022.82300 for FY 2012/13 to cover the 25% Local Match required to receive Federal Transit Authority (FTA) grant monies. Of this amount, approximately $50,000 remains available. Therefore, staff is seeking a budget appropriation to cover the balance of the project's construction costs. Seventy-five percent (75%) of eligible construction costs will be reimbursed to the City through FTA grant funds up to a maximum $192,330. Recommended Action: A) Approve withdrawal of the apparent low bid from Patriot Paving, Inc.; and, B) Declare the second apparent low bid from PALP Inc. dba Excel Paving Company, as non- responsive; and, C) Declare the third apparent low bid from Unique Performance Construction, Inc., as non- responsive; and, D) Accept the lowest responsive and responsible bid submitted by GASS Construction Co., Inc., in the amount of $322,000.00; and, E) Approve an appropriation of $320,000 from the Measure M (213) Fund Balance to the Edinger Parkway Account No. 21390022.82300; and, F) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. HB -123- Item 12. - I Dept. ID PW 13-058 Page 2 of 3 Meeting Date: 8/19/2013 Analysis: The, Edinger Avenue Bicycle Path Project, CC-1447 is the third phase of a multi -year project that was spearheaded by the Sea Isle Garden Club to beautify the formerly unimproved public parkway located along the north side of Edinger Avenue, east of Countess Drive. In the previous two phases, the parkway was cleared of debris, graded, and landscaping and irrigation improvements were installed. This third phase of the project will construct an asphalt paved, Class I bicycle path that is located away from the vehicular roadway, providing a safer alternative for the bicyclists and pedestrians that traverse the area between Countess Drive and Santa Barbara Lane. On November 19, 2012, the City Council authorized the execution of Cooperative Agreement No. C-2-1641 with the Orange County Transportation Authority (OCTA) to receive Federal Transit Administration (FTA) Section 5307 grant funding for the construction of the Edinger Avenue Bicycle Path Project between Countess Drive and Santa Barbara Lane. FTA grant monies will fund 75% of eligible construction costs up to a maximum $192,330. The project scope of work generally includes: clearing and grubbing, construction survey, earthwork, construction of a paved, off -road (Class 1) bicycle path and gravel shoulder, concrete curb, landscape and irrigation improvements, signing and striping, and incidental work as required. Bids were opened publicly on August 1, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Corrected Bid Patriot Paving, Inc. $239,026.50 Excel Paving Company $314,923.60 Unique Performance Construction, Inc. $318,886.00 $318,818.00 GASS Construction Co., Inc. $322,000.00 R J Noble Company $323,509.60 Sequel Contractors $324,951.00 $326,231.00 All American Asphalt $343,343.00 Green Giant Landscape $345,000.00 KASA Construction, Inc. $376,828.00 CWS Systems, Inc. $388,299.00 $388,619.50 Y & M Construction $395,240.00 C.S. Legacy Construction, Inc. $400,142.00 Diversified Landscape Management $418,481.42 $418,481.94 The apparent low bidder, Patriot Paving, Inc., requested relief of their bid due to a clerical error that resulted in their bid being substantially lower than intended (see Attachment 2). Upon review of the second apparent low bid from Excel Paving Company, staff found that the bid package had not been completed as instructed and was lacking information required by the Public Contract Code and federal regulations. Similarly, staff's review of the third apparent low bid from Unique Performance Construction, Inc. found that the bid package also lacked required information and did not meet the Good Faith Effort requirements for federally funded projects. These issues were deemed significant enough to warrant disqualification of the bids and the bidders were promptly notified of the decision. Staff found that the bid package received from GASS Construction Co., Inc. was complete and without error. The reference check for GASS Construction Co., Inc. provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract to GASS Construction Co., Inc., in the amount of $322,000.00. The total project cost, including the construction contract, contingency, and supplementals are estimated at $370,000. The engineer's estimated cost was $396,000. Item 12. - 2 HB -124- Dept. ID PW 13-058 Page 3 of 3 Meeting Date: 8/19/2013 Public Works Commission Action: The Public Works Commission reviewed and approved CC- 1447 on June 19, 2013, with a vote of 7-0-0. Environmental Status: This project has a Categorical Exemption from CEQA pursuant to Class 1, Section 15301(c). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map 2. Patriot Paving, Inc. correspondence dated August 2, 2013 HB -125- Item 12. - 3 Item 12. - 4 HB -126- it VICINITY MAP LOCATION MAP N.T.S. N.T.S. EDINGER AVENUE BICYCLE PATH, CC-1447 polft FROM COUNTESS DR. TO SANTA BARBARA LN. ig CITY OF HUNTINGTON BEACH 16W DEPARTMENT OF'PUBLIC WORKS. ME ATTACHMENT #2 Item 12. - 6 xB -128- A Disabled V'eteran Business Enterprise Ucense #9290154 August 2, 2013 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Mr. Travis K. Hopkins, Director of Public Works Re: Edinger Avenue Bicycle Path (Between Countess Drive and Santa Barbara Lane) FTA Section 5307 Grant Funds (OCTA Cooperative Agreement No. C-2-1641) CC No. 1447 Sub: Request Relief of Bid due to Clerical Error Gentlemen, This is to inform the City of Huntington Beach that a clerical mistake x-vas made in Patriot Paving Inc. Company's bid proposal, vinch resulted in our bid being materially lower than intended. This clerical mistake was due to a transposition in numbers entered from the unclassified e%cavation estimate -worksheet to my computer spreadsheet, and was not due to error in judgment or to carelessness in inspecting the site or iii reading the plans and specifications. An inadvertent clerical error teas made which resulted in an $88,032.00 or 36-82% lower bid than intended. Consequently, our total bid amount should have, been S327,058.50 rather than the amount of M9,026.50 which teas submitted in error. "I'lie Ynistale occurred in Bid Item Nlo. 6 "Unclassified Excavation". The. actual cost for performing this "work- was $131.85 per CY (cub,ic yard) or $105,480.00, However., when I carried over the unit cost from the unclassified, excavation work sheet for this Bork to my Bid Summary sheets I made the clerical transposition error by inadvertently enteritig, a unit cost of $31-85 per CY, instead of the intended actual unit cost of 5131.85. Then I factored in mark-up, and indirects., on the erroneous unit cost of S31.85 per CY for a Bid Unit Cost of $35M per CY for a Total Bid Item Amount of S28;000,00 (Ilie Bid Unit Cost should, hive, been �145.04 per CY with marlup, for, a total Bid Item -amount of $116,032.00 for Bid Item, No. 6), Subsequently, by substituting the intended Bid Unit, Price of $145.04, per CY for Bid Item No. 6, Pat -riot Paving Inc. Company's Total Bid amount for this item would have been $1.16,032,00. -11iis would also adjust our total bid amount by the .588,032,00 error fora revised Bid Total Amount of S327,05830 In light of this mistake, pursLiant to the provisions of California Public Code Section 5100 Relief of Bidders, Patriot Paving Inc. hereby requests that it be relieved of its bid and that our bid bond be returned. I certify under penalty of perjuri, under the laws of State of California that the foregoing is true and correct. Siticerely yours, Albert J. Tene Public Works Esdiaia.tot & Project Manager 218 W. Lincoln Ave., Orange, CA 92865 - Phone: 714/293-0777 - Fax: 714/283-2777 E-Ma if: Albert@patriot i pavingii , nc.corn HB -129- . Item 12. - 7 Y CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (71 4) 374-1573 Date: July 8, 2013 Project/C.C. No.: C.C. No. 1447 Regarding: Edinger Avenue Bicycle Path ® 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 I Pages I Description 1 1 2 Notice riviting Sealed Bids forEdin erAve. Bicycle Path, CC-1447 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 reviewlcomment ❑ 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 7/11/13, 7/18/13 & 7/25/13. The bid opening is scheduled for Tuesday, .Tully 30, 20113 at 2:00 P.M. Please contact me at 374-5380 with any questions you may have regarding this. Thank you. By: Jonathan Claudio, Senior Civil Engineer c: file CADocumENTS AND SETTINGS\CLAUDIOJ\DESKTOP\CC1447 WORIQNG\SPECmCAT[ONS\NlSB TRANSMrrAL TO CLERK-CC-1447.DOC 113 �OWOl' TIUKWV NOTICE INVITING SEALED BIDS for the construction of EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) FTA Section 5307 Grant Funds (OCTA Cooperative Agreement No. C-2-1641) CC No. 1447 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.m. on 30, 2®13:) Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a S30.00 nonrefundable fee if picked up, or payment of a S50.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of clearing and grubbing, construction survey, earthwork, construction of asphalt concrete Class I bicycle path and gravel shoulder, concrete curb, landscape and irrigation improvements, signing and striping, and appurtenant work as needed. ® The contract shall allow the Contractor 60 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $396,000. ® The Project Disadvantage Business Enterprises (DBE) goal is 10.28%. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 7l e III /ef t- - % 1i,+ A! SECTION A NOTICE INVITING SEALED BIDS for the construction of EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) FTA Section 5307 Grant Funds (OCTA Cooperative Agreement No. C-2-1641) CC No. 1447 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on July 30, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable fee if picked up, or payment of a $50.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of clearing and grubbing, construction survey, earthwork, construction of asphalt concrete Class I bicycle path and gravel shoulder, concrete curb, landscape and irrigation improvements, signing and striping, and appurtenant work as needed. ® The contract shall allow the Contractor 60 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $396,000. 0 The Project Disadvantage Business Enterprises (DBE) goal is 10.28%. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 ANEXO B CIUDAD DE HUNTINGTON BEACH NOTIFICACI®N AL PUBLICO ACERCA DE LOS DERECHOS DEL TITULO VI Para la obra financiada por una concesion de FTA 5307: SENDERO PARA BICICLETAS DE EDINGER AVENUE (desde Countess Drive hasta Santa Barbara Lane) El Titulo VI de la Ley de derechos civiles de 1964 establece que "ninguna persona en los Estados Unidos, basado en razones de raza, color o nacionalidad, puede ser excluida de la participacion, negarsele beneficios o ser sujeto de discriminacion bajo ningun programa o actividad que reciba asistencia financiera federal". Cualquier persona que considere que el o ella, individualmente o como miembro de cualquier clase especifica de personas, ha sido sujeto de discriminacion con base en la raza, color, nacionalidad u otros intereses de clase protegida, puede presentar una queja por escrito ante la Ciudad de Huntington Beach. Adem6s, la Ciudad de Huntington Beach prohibe la intimidacion, coercion o participacion en otra conducta discriminatoria contra cualquiera porque el o ella haya presentado una queja para garantizar los derechos protegidos por el Titulo VI. Para presentar un reclamo por escrito o para solicitar mas informacion de contacto: City of Huntington Beach City Clerk's Office, 2"d Floor Attn: Joan Flynn, City Clerk 2000 Main Street, Huntington Beach, CA. 92648 Tel. oficina: (714) 536-5227 Fax: (714) 374-1557 Correo electronico: JFlynn(a)-surfcity-hb.orq Sitio web: http://www.huntingtonbeachca.gov/ Si se necesita la informacion en otro idioma, comuniquese con el Secretario municipal (City Clerk). I de-clare, user penafty of pedury, thvt I am - employed by the City of Huntington Ma6 In Y Office of the City Cierk arrd that I pEubfic notL-e on the a4!q � A pq board at tt a Civic Center on at ior�F r Gery - AO, -vr141Ji, w -7;4AJMAPL 1 4 Z-� /4,1' — ATTACHMENT B CITY OF HUNTINGTON BEACH NOTIFICATION TO THE PUBLIC OF TITLE VI RIGHTS For'the FTA 5307 Grant funded: EDINGER AVENUE BICYCLE PATH (from Countess Drive to Santa Barbara Lane) Title VI of the Civil Rights Act of 1964 provides that "no person in the United States shall, on the grounds of race, color or nation of origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." Any person who believes that he or she, individually, or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, national origin or other protected -class interests may file a written complaint with the City of Huntington Beach. Further, the City of Huntington Beach prohibits intimidation, coercion, or engagement in other discriminatory conduct against anyone because he or she has filed a complaint to secure rights protected by Title VI. To file a complaint in writing or to request more information contact: City of Huntington Beach City Clerk's Office, 2nd Floor Attn: Joan Flynn, City Clerk 2000 Main Street, Huntington Beach, CA. 92648 Office No.: (714) 536-5227 Fax No.: (714) 374-1557 Email: JFlynn .surfcity-hb.org Website:.http://www.huntingtonbeachca.gov/ If information is needed in another language, contact the City Clerk. I declare, under penatty of perjury, that I am e .p4oyed by the City of Huntington B036 In the mace of the City Clerk and that I pow t>* public notice on the Q�LTs/a pig buIlOn board at the Ovic Center on at //- �30 (a-r-rWmm. Date,Tcu� �1 - Senio7 aY clot U ATTACHMENT C CITY OF HUNTINGTON BEACH Title VI Complaint Procedure Tracking and Investigating It is the policy of the City of Huntington Beach to ensure that all programs, services, activities and benefits are implemented without discrimination in accordance with Title VI requirements. In compliance with these requirements, the City of Huntington Beach has established complaint investigation and format procedures for tracking and investigating complaints alleging discrimination on the basis of race, color or national origin. Any person who believes that he or she, individually or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, national origin may file a written complaint with the City of Huntington Beach, the Federal Transit Administration (FTA), or the Secretary of Transportation. Further, the City of Huntington Beach prohibits intimidation, coercion or engagement in other discriminatory conduct against anyone because he or she has filed a complaint to secure rights protected by Title VI. A signed complaint must be filed within 180 days after the date of the alleged discrimination, unless the time for filing is extended by the Secretary of Transportation. The City of Huntington Beach encourages complaints to be initially filed with the City of Huntington Beach for resolution. However, in those cases where the complainant is dissatisfied with the resolution by the City of Huntington Beach, the same complaint may be submitted to the FTA or the Secretary of Transportation for investigation. The City of Huntington Beach will notify and provide a copy of all complaints to the Orange County Transportation Authority (OCTA) Office of Civil Rights for review. Unless otherwise permitted, the final determination of all Title VI complaints affecting programs administered by the FTA will be made by the Office of the Secretary, Department of Transportation (DOT). Signed written complaints may be submitted directly to the City of Huntington Beach or the FTA offices identified below: • Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 • Federal Transit Administration Office of Civil Rights Title VI Program Coordinator East Building, 5th Floor-TCR 1200 New Jersey Avenue, SE Washington, DC 20590 ATTACHMENT C • Federal Transit Administration Region IX Civil Rights Officer 201 Mission Street, Suite 1650 San Francisco, CA 94105-1839 The complaint information should include the date of the alleged act of discrimination, the date when the complainant(s) became aware of the alleged act of discrimination, the date on which that conduct was discounted, or the latest instance of conduct. Complainants should present a detailed description of the issue(s), including the name(s) and job title(s) of those individual(s) perceived as parties in the complaint. The allegation must involve discrimination on the grounds of race, color or national origin. Allegations must involve a City of Huntington Beach service, program or activity of a federal -aid recipient, sub -recipient or contractor. In cases where the complainant is unable or incapable of providing a written statement but wishes the City of Huntington Beach or the FTA to investigate an incident of alleged discrimination, a verbal complaint of discrimination may be made. The complainant will be interviewed by an appropriate official authorized to receive complaints. If necessary, the official will assist the complainant in converting verbal complaints to writing. Translation services will be provided to all complainants, as necessary. All complaints must, however, be signed by the complainant or his/her representative. Information for filing a Title VI complaint can be accessed on the City of Huntington Beach website at http://www.huntingtonbeachca.ciov/ or by contacting the City of Huntington Beach City Clerk at (714) 536-5227. E-mail inquiries or initial complaints can be sent directly to the City of Huntington Beach at http://www.huntingtonbeachca.gov/ If information is needed in another language, contact the City Clerk. Complaint Format: • All complaints must be in writing and signed by the complainant or his/her representative before action can be taken. Complaints shall state, as fully as possible, the facts and circumstances surrounding the alleged discrimination. • The City of Huntington Beach will provide the complainant or his/her representative with a written acknowledgment that the City of Huntington Beach has received the complaint within ten working days. ATTACHMENT C Tracking Complaints: • The following complaint information will be tracked on the City of Huntington Beach Title VI Complaint/Investigation log by the City Clerk's Office: 1. Date the complaint was received by the City of Huntington Beach 2. Date an acknowledgment letter was sent to the complainant 3. Entity 4. Protected category 5. Program/Activity/Service 6. Summary of the allegation 7. Status of the complaint 8. Was the complaint investigated — yes/no 9. Action Taken 10. The response letter was sent to the complainant - action taken Determination of Investigative Merit: The City of Huntington Beach will begin an investigation within fifteen (15) working days of receipt of a complete and valid complaint. A complaint shall be regarded as meriting investigation unless: • It clearly appears on its face to be frivolous or trivial; • Within the time allotted for making the determination of jurisdiction and investigative merit, the party against whom the complaint was filed voluntarily concedes noncompliance and agrees to take appropriate remedial. action; • Within the time allotted for making the determination of jurisdiction and investigative merit, the complainant withdraws the complaint; or • Other good cause for not investigating the complaint exists (e.g., respondent is presently under investigation by another Federal agency). Request for Additional Information from Complainant and/or Respondent: In the event that the complainant or respondent has not submitted sufficient information to make a determination of jurisdiction or investigative merit, the City of Huntington Beach may request additional information from either party. This request shall be made within 15 working days of the receipt of the complaint and will require that the party submit the information within 60 working days from the date of the original request. Failure of the complainant to submit additional information within the designated time frame may be considered good cause for a determination of no investigative merit. Failure of respondent to submit additional information within the designated time frame may be considered good cause for a determination of noncompliance. ATTACHMENT C Investigative Report: The City of Huntington Beach will complete an investigation within ninety (90) days of receipt of the complaint. If additional time for the investigation is needed, the complainant will be contacted. A written report will be prepared by the responsible investigator at the conclusion of the investigation. The investigative report will include the following: • Summary of the complaint, including a statement of the issues raised by the complainant and the respondent's reply to each of the allegations, citations of relevant Federal, State, and Local Laws, rules, regulations, and guidelines, etc. • Description of the investigation, including a list of the persons contacted by the investigator, a summary of the interviews conducted, and a statement of the investigator's findings and recommendations. A closing letter will be provided to the complainant. City of Huntington Beach Timeline Requirements Signed complaint filed with the City Clerk's Office 180 days City of Huntington Beach written acknowledgement from date of receipt 10 days Begin investigation 15 days Request for additional information from complainant(s) 15 days Submit additional information 60 days Complete investigation 90 days Recordkeeping Requirements: The City of Huntington Beach, City Clerk's Office will ensure that all records relating to the City of Huntington Beach Title VI Complaint Process are maintained with the department records for seven years as of the date of the complaint. Records will be available for compliance review audits. ATTACHMENT C Title VI Complaint Form CITY OF HUNTINGTON BEACH Title VI of the Civil Rights Act of 1964 provides that "no person in the United States shall, on the grounds of race, color or nation of origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." It is the policy of the City of Huntington Beach to ensure that all programs, services, activities, and benefits are implemented in a non-discriminatory manner. Any person who believes that he or she, individually, or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, or national origin may file a written complaint within 180 days after the date of the alleged discrimination with the City of Huntington Beach, the Federal Transportation Authority (FTA), or the Secretary of Transportation. Further, the City of Huntington Beach prohibits intimidation, coercion, or engagement in other discriminatory conduct against anyone because he or she has filed a complaint to secure rights protected by Title VI. Please provide the following information: Your Name Phone Number Street Address city State Zip Code Person(s) discriminated against (if someone other than complainant) Street Address city State Zip Code Date of Incident: Which of the following best describes the reason for the alleged discrimination took place (circle one) Y Race • Color • National Origin (Limited English Proficiency) If you are unable or incapable of providing a written statement, but wish the City of Huntington Beach to investigate alleged discrimination, a verbal complaint of discrimination may be made. Please contact (714) 536-5227 and speak with Joan Flynn, City Clerk. The complainant will be interviewed by an appropriate official authorized to receive complaints. If necessary, the official will assist you in converting verbal complaints to writing. Translation services will be provided to all complainants, as necessary. All complaints must, however, be signed by the complainant or his/her representative. ATTACHMENT C Please describe the alleged discrimination incident. Provide the name(s) and title(s) of all City of Huntington Beach employees involved if available. Explain what happened and whom you believe was responsible. Please use the back of this form if additional space is required. Please mail your complaint form directly to the City of Huntington Beach at the following address: Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Have you filed a complaint with any other federal, state or local agency? (Circle one) Yes/No Agency Contact Person Street Address, City, State, Zip Code Agency Contact Person Street Address, City, State, Zip Code Listed below are the state and federal addresses if you wish to file a Title VI complaint directly with one or both of these agencies. State Office Federal Transit Administration Region IX Office of Civil Rights 201 Mission Street, Suite 1650 San Francisco, CA 94105-1839 Federal Office Federal Transit Administration Office of Civil Rights Title VI Program Coordinator East Building 5th Floor — TCR 1200 New Jersey Avenue, SE Washington, DC 20590 I affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief. Complainant's Signature Date ANEXO C CIUDAD DE HUNTINGTON BEACH Procedimiento de quejas del Titulo VI Seguimiento a investigacion Es la politica de la Ciudad de Huntington Beach asegurarse de que todos los programas, servicios, actividades y beneficios se implementen sin discriminacion segun los requisitos del Titulo VI. De acuerdo con estos requisitos, la Ciudad de Huntington Beach ha establecido procedimientos de investigacion de quejas y formatos para dar seguimiento a investigar de las quejas que aducen discriminacion con base en la raza, color o nacionalidad. Cualquier persona que considere que el o ella, individualmente o como miembro de cualquier clase especifica de personas, que ha sido sujeta a discriminacion basada en la raza, color o nacionalidad, puede presentar una queja por escrito a la Ciudad de Huntington Beach, Federal Transit Administration (FTA) (Administracion de Transito Federal) o Secretary of Transportation (Secretaria de Transporte). Ademas, la Ciudad de Huntington Beach prohibe la intimidacion, coercion o participacion en otra conducta discriminatoria en contra de cualquiera porque el o ella hayan presentado una queja para garantizar los derechos protegidos por el Titulo VI. Una queja firmada se debe presentar dentro de los siguientes 180 dias despues de la fecha de la supuesta discriminacion, a menos que el Secretario de Transporte extienda el periodo para presentar la demanda. La Ciudad de Huntington Beach recomienda a que los reclamos se presenten inicialmente ante la Ciudad de Huntington Beach para obtener una resolucion. Sin embargo, en aquellos casos donde el demandante no este satisfecho con la resolucion de la Ciudad de Huntington Beach, el mismo reclamo se puede presentar a la FTA o al Secretario de Transporte para su investigacion. La Ciudad de Huntington Beach notificara y proporcionara una copia de todas las quejas a la Oficina de Derechos Civiles de Orange County Transportation Authority (OCTA) (Autoridad del Transporte del Condado de Orange) para su revision. A menos que se permita to contrario, la determinacion final de todos los reclamos del Titulo VI que afectan los programas administrados por la FTA, la tomara la Oficina del Secretario, Department of Transportation (DOT) (Departamento de Transporte). Los reclamos por escrito y firmados se pueden presentar directamente a la Ciudad de Huntington Beach o a las oficinas de FTA identificadas a continuacion: Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Federal Transit Administration Office of Civil Rights Title VI Program Coordinator East Building, 5th Floor-TCR 1200 New Jersey Avenue, SE Washington, DC 20590 ANEXO C ® Federal Transit Administration Region IX Civil Rights Officer 201 Mission Street, Suite 1650 San Francisco, CA 94105-1839 La informacion del reclamo debe incluir la fecha del supuesto acto de discriminacion, la fecha cuando los demandantes se dieron cuenta del supuesto acto de discriminacion, la fecha en que esa conducta se paso por alto o el suceso mas reciente de dicha conducta. Los demandantes deben presentar una descripcion detallada de los problemas, incluyendo los nombres y puestos de esas personas que son parte del reclamo. La acusacion debe involucrar discriminacion basada en la raza, color o nacionalidad. Las acusaciones deben involucrar un servicio, programa o actividad de la Ciudad de Huntington Beach de un beneficiario, sub beneficiario o contratista que recibe ayuda federal. En casos donde el demandante no pueda o sea incapaz de proporcionar una declaracion por escrito, pero desea que la Ciudad de Huntington Beach o la FTA investigue un incidente de supuesta discriminacion, se puede hacer un reclamo verbal de discriminacion. Un oficial adecuado autorizado para recibir reclamos entrevistara al demandante. Si es necesario, el oficial ayudara al demandante a convertir los reclamos verbales en escritos. Se proporcionaran servicios de traduccion a todos los demandantes segun sea necesario. Todos los reclamos deben, no obstante, estar firmados por el demandante o su representante. Se puede acceder a la informacion para presentar un reclamo bajo el Titulo VI a traves del sitio web de la Ciudad de Huntington Beach en http://www.huntingtonbeachca.gov/ o al contactar al Secretario municipal de la Ciudad de Huntington Beach al (714) 536-5227. Las consultas o reclamos iniciales por correo electronico se pueden enviar directamente a la Ciudad de Huntington Beach a http://www.huntingtonbeachca.gov/ Si se necesita informacion en otro idioma, comuniquese con el Secretario municipal (City Clerk). Formato de la queja: ® Todos los reclamos deben hacerse por escrito y los debe firmar el demandante o su representante antes de que se pueda tomar una accion. Las quejas deben describir, Io mas posible, los hechos y las circunstancias relacionados con la supuesta discriminacion. ® Dentro de diez dias habiles, la Ciudad de Huntington Beach proporcionara al demandante o a su representante un acuse de recibo por escrito de que la Ciudad de Huntington Beach ha recibido el reclamo. ANEXO C Seguimiento a [as quejas: • La Oficina del Secretario municipal le dara seguimiento a la siguiente informaci6n del reclamo en el registro de investigaci6n/reclamos bajo el Titulo VI de la Ciudad de Huntington Beach: 1. Fecha en que la Ciudad de Huntington Beach recibi6 la queja 2. Fecha en que se envi6 una carta de acuse de recibo al demandante 3. Entidad 4. Categoria protegida 5. Programa/actividad/servicio 6. Resumen de la acusaci6n 7. Estado de la demanda 8. Se investig6 : si/no 9. Acci6n tomada 10. La carta de respuesta se envi6 al demandante: acci6n tomada Determinaci6n del merito investigativo: La Ciudad de Huntington Beach iniciara una investigaci6n dentro de quince (15) dias habiles a partir de la recepci6n de una queja completa y valida. Una queja se debera tratar como una investigaci6n valida a menos que: • Claramente parezca ser frivola o trivial; • Dentro del tiempo permitido para tomar una determinaci6n de la jurisdicci6n y merito investigativo, la parte acusada haga voluntariamente una concesi6n de falta de cumplimiento y acepte tomar una acci6n correctiva adecuada; • Dentro del tiempo permitido para tomar una determinaci6n de la jurisdicci6n y merito investigativo, el demandante retire la queja; o • Exista otra buena causa para no investigar la queja (por ejemplo, el acusado esta actualmente bajo investigaci6n por parte de otra agencia Federal). Solicitud de informaci6n adicional del demandante o acusado: En caso de que el demandante o acusado no haya presentado suficiente informaci6n para tomar una determinaci6n de jurisdicci6n o merito investigativo, la Ciudad de Huntington Beach puede solicitar informaci6n adicional de cualquiera de las partes. Esta solicitud se debe hacer dentro de 15 dias habiles a partir de la recepci6n de la queja y requerira que la parte presente la informaci6n dentro de 60 dias habiles a partir de la fecha de solicitud original. Si el demandante no presenta la informaci6n adicional dentro del periodo designado, esto se puede considerar como una buena causa para determinar que no amerita una investigaci6n. Si el acusado no presenta la informaci6n adicional dentro del periodo designado, esto se puede considerar como una buena causa para determinar que no amerita una investigaci6n. ANEXO C Informe investigativo: La Ciudad de Huntington Beach completar6 una investigaci6n dentro de noventa (90) dias a partir de la recepci6n de la queja. Si se necesita tiempo adicional para la investigaci6n, se contactar6 al demandante. El investigador responsable preparar6 un informe por escrito al concluir la investigaci6n. El informe investigativo incluir6 to siguiente: • Resumen de la queja, incluyendo una declaraci6n de los problemas identificados por el acusado y la respuesta del acusado para cada acusaci6n, citaciones de las leyes federates, estatales y locales, reglas, reglamentos y lineamientos relevantes, etc. • Descripci6n de la investigaci6n, incluyendo una lista de las personas con las que el investigador se comunic6, un resumen de las entrevistas realizadas y una declaraci6n de los hallazgos y recomendaciones del investigador. Se proporcionar6 una carta de cierre al demandante. Cronograma de la Ciudad de Huntington Beach Queja firmada y presentada en la Oficina del Secretario municipal 180 dias Acuse de recibo por escrito de la Ciudad de Huntington Beach, a partir de la fecha de rece ci6n 10 dias Inicio de la investigaci6n 15 dias Solicitud de informacion adicional del (de los) demandante(s) 15 dias Envio de informacion adicional 60 dias Investigacion finalizada 90 dias Requisitos de gesti6n administrativa: La Oficina del Secretario municipal de la Ciudad de Huntington Beach se asegurar6 de que todos los registros relacionados con el Proceso de quejas del Titulo VI de la Ciudad de Huntington Beach se conserven con los registros del departamento durante siete anos a partir de la fecha de la queja. Los registros estar6n disponibles para las auditorias de revision de cumplimiento. ANEXO C Formulario de reclamo del Titulo VI CIUDAD DE HUNTINGTON BEACH El Titulo VI de la Ley de derechos civiles de 1964 establece que "ninguna persona en los Estados Unidos debe, basado en razones de raza, color o nacionalidad, puede ser excluida de la participaci6n, negarsele beneficios o ser sujeto de discriminaci6n bajo ningun programa o actividad que reciba asistencia financiera federal". Es politica de la Ciudad de Huntington Beach asegurarse de que todos los programas, servicios, actividades y beneficios se implementen de manera no discriminatoria. Cualquier persona que considere que el o ella, individualmente o como miembro de cualquier clase especifica de personas, ha sido sujeto de discriminaci6n con base en la raza, color o nacionalidad, puede presentar un reclamo por escrito, dentro de 180 dias despu6s de la fecha de la supuesta discriminaci6n a la Ciudad de Huntington Beach, Federal Transit Administration (FTA) (Administraci6n Federal de Transito) o Secretary of Transportation (Secretario de Transporte). Ademas, la Ciudad de Huntington Beach prohibe la intimidaci6n, coerci6n o participaci6n en otra conducta discriminatoria contra cualquiera porque 61 o ella haya presentado un reclamo para garantizar los derechos protegidos por el Titulo VI. Brinde la siguiente informaci6n: Su nombre Numero telef6nico Direcci6n Ciudad Estado C6di o postal Persona(s) discriminadas (si es alguien diferente al demandante) Direcci6n Ciudad Estado C6di o postal Fecha del incidente: �,Cual de los siguientes describe mejor el motivo por el cual ocurri6 la supuesta discriminaci6n? (Marque uno con un circulo) ® Raza ® Color ® Nacionalidad (limitaciones con el idioma ingl6s) Si no puede o es incapaz de proporcionar una declaraci6n por escrito, pero desea que la Ciudad de Huntington Beach investigue un incidente de supuesta discriminaci6n, puede hacer un reclamo verbal de discriminaci6n. Comuniquese al (714) 536-5227 y hable con Joan Flynn, Secretario municipal. Un oficial autorizado para recibir reclamos entrevistara al demandante. Si es necesario, el oficial le ayudara a convertir los reclamos verbales en escritos. Se proporcionaran servicios de traducci6n a todos los demandantes, segun sea necesario. No obstante, todos los reclamos deben estar firmados por el demandante o su representante. ANEXO C Describa el incidente de supuesta discriminacion. Proporcione los nombres y puestos de todos los empleados de la Ciudad de Huntington Beach involucrados, si estan disponibles. Explique que sucedio y quien considera que fue responsable. Utilice la parte posterior de este formulario si necesita mas espacio. Envie por correo su formulario de reclamo directamente a la Ciudad de Huntington Beach en la siguiente direccion: Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 �Ha presentado un reclamo con cualquier otra agencia federal, estatal o local? (Marque una con un circulo) Si/No Agencia Persona de contacto Direccion, Ciudad, Estado, Codigo postal Agencia Persona de contacto Direccion, Ciudad, Estado, Codigo postal A continuacion se enumeran las direcciones estatal y federal si desea presentar un reclamo bajo el Titulo VI directamente a una o ambas agencias. Oficina estatal Federal Transit Administration Region IX Office of Civil Rights 201 Mission Street, Suite 1650 San Francisco, CA 94105-1839 Oficina federal Federal Transit Administration Office of Civil Rights Title VI Program Coordinator East Building 5th Floor — TCR 1200 New Jersey Avenue, SE Washington, DC 20590 Declaro que he leido el cargo anterior y que es verdadero segun mi conocimiento, informacion y parecer. Firma del demandante Fecha RECEIVED 2013, AUG —I AM 91: 58 CITY 'C L E k A% CITY OF HUNTINGTON BEACH RECEIVED 2013 AUG — I AM 9* 59 CIT Y OILER-h CITY OF HUNTINGTON BEACH HOV39 NO19NI1NnH Jo Allo NN,310 A 1-10 00 :01"WV I — ON Eloz 03AI303U c: 0 ua zo- 0 c)::;-< 4 1 0 goy ca m > cn rq Zor7l m ril > V V V CITY OF IIUNTINGTON BEACH EDINGER AVENUE BICYCLE PATH C.C. No. 1447 BID OPENING DATE: August 1, 2013 TIME: 10:00 A.M. ENGINEER'S ESTIMATE: $396,000 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S (NAME All American Asphalt B&T Works C.S. Legacy Construction, Inc. CWS Systems, Inc. Excel Paving G2K Construction, Inc. Gass Construction Co., Inc. r Green Giant Landscape At7 lm, ? e Grfco, Inc. JDC, Inc. KASA Construction, Inc. / Patriot Paving Pyramid Resources, Inc. T R J Noble Company Ranscapes ✓ Sequel Contractors Ted Enterprises, Inc. Torres Construction Corp. Unique Performance Construction, Inc. / Western Group, Inc. i Y & M Construction UI L APPARENT APPARENT, BID AMOC RANK l+ ,II ^ V l!V 4:ij NO 1( - �. . b✓ ,o 0 5"0. (r Bid Results CC-1447.xls STATE r CALIFORNIA) COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; 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, July 11, 2013 Thursday, July 18, 2013 Thursday, July 25, 201.3. . certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on July 30, 2013 at Los Angeles, California SignatLlre SECTION A NOTICE INVITING SEALED BIDS for the construction of , EDINGER AVENUE BICYCLE PATH (BETWEEN COUNTESS DRIVE AND SANTA BARBARA LANE) FTA Section 5307 Grant Funds (OCTA. Cooperative Agreement No. C-2-1641) CC No. 1447 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY ._ OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, ''Huntington Beach, California 92648; up to the hour of 2:00 P.M. on July 30, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable fee if picked up; or payment of a $50.00' nonrefundable fee if sent by UPS ground delivery -(bidder shall pay additional costs for special delivery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions,of the Federal Labor, Standards, which are on file at the office of the Director, of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder, surety of equal value Ito the retention in accordance with the provisions,of the Public Contract Code, Section 10263. The Contrac-. tor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be,afforded.full opportunity to submit - bids. in response to this notice and will not be discriminated against on the basis of'race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of.contract. No bid shall be considered unless it is prepared on the *approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in. accordance with provisions of the Business=and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of'unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern., Project Description: The project consists primarily of. clearing and grubbing, construction survey, earthwork, construction of asphalt concrete Class I bicycle path and gravel shoulder, concrete curb, landscape and irrigation improvements, signing and striping, and appurtenant work as needed: • The contract shall allow the Contractor'60 working days to complete the contract. • The engineer's estimate of probable'construction cost for the work included in the basis of award is $396,000. • The Project Disadvantage Business Enterprises (DBE) goal is 10.28%.' The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under, advisement for a. maximum period of 60,days. BY DRDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012765. ,Attest: Joan L. Flynn CITY CLERK DF THE CITY OF HUNTINGTON BEACH Pubished H.B.lndependent7/11 18 25/13