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HomeMy WebLinkAboutGM Sager Construction - 2012-08-20RECEIVED B (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: -Shari-Freiden rich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved '34lo—'0111� (Couhci1Appr&a1 Date) (Company Name) Agenda Item No. City Clerk Vault No. o #27 g1followup/bondletter.doc City of Huntington Beach LjINTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: John S. Griffin DATE: 11 /13/2012 SUBJECT: Retention Release Payment Company Name: G.M. Sager Construction, Inc. Address: 1380 S. East End Avenue City, State and Zip Code: Pomona, CA 91766 Phone Number: (909) 626-9987 Business License Number:A284477 Local Address: N/A Notice of Completion Date:10/10/2012 Contract Purpose: FY 11/12 ADA Curb Ramp Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at th Date/ %/ Travis K. Hopkins, Public Works Director I certify that there are no outstanding invoi Date It on file. cc, w( time. puty 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. A Clerk Retention Release 3 signatue form 11/13/2012 10:58:00 AM PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder III II 111111111111111111111111111111111111111111111111111111 IIIIINO FEE 2012000614401 10:23am 10/10/12 10 413 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 G. M. Sager Construction, Inc. who was the company thereon for doing the following work to -wit: FY 11-12 CURB RAMPS, CONSTRUCTION CONTRACT-1434 That said work was completed October 8, 2012 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 8, 2012, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract U.S. SPECIALTY INSURANCE COMPANYwas 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 08, 2012. ,Director of Public rks or City Engineer 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 08, 2012. Jyrector of Public Works or City Engineer This document is solely the official business of 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) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: C C - ) 4 3 4 Project: BOA cjAag RAdAP PRame.cr V&sfI eu C Lin e_ e' se.�-t LLer 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 Calif6rnia, 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 oc'C , 20 17-, at California. G K ,5a-A P,.Y' C005179�:" C,7Z0 �l C'o • Z'r i C . (Type Contractor Name) By: & Name: tType Name] Title: [Type Title] ;RWR Y4 TLS 03- ab • O'to 247542.1 CONTRACTOR'S CERTIFICATE I� state and certify that: (Name of 3 A& Sa. c, or em t�J •�Z3c-. is the general contractor to the City of Huntington Beach ("City") on Contract No. CC - 14 b4 (the "Contract") for the construction of the public work of improvement entitled: AD A <' to r b (Z.� P R o� e C.., (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims hsted.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"): 6 -- L 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 ?G1%ftftbW%19.` on this 1154'4" day of -&L-k , 2017- / VL•./dN.LJC rSmll, -% (Signature of eclarant) APPROVED AS TO FORM $fir r Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: L _ 4. 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 lSlyday of &C;k , 20 l2, at California. (Type Contractor Name) By: S Name: [Type Name] -� y Title: [Type Title] , RillT 1 -P-) 3'_-�6"UP 245911.1 RECEIVED BY: (Name) (Date) J 70 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY / OF Fib. NTING I OlY BEACH INTERDEPARTMENTAL COMMUNICATION TO: h, City Treasurer FROM: % DATE: % SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. V-3 MSC No. Approved / (Cou6cil Approval Date) (Company Name) Agenda Item No. City Clerk Vault No.�� #27 g:/followup/bondlefter.doc MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That: G.M. Sager Construction Co., Inc contractor's namal 1380 S. East End, Pomona, CA 91766 [contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: American Contractors Indemnity Company surety's name) 625 The City Drive South, Ste 13U, Urange, CA 92868 [surety'sstreet address, city and state and zip code) a corporation organized .and existing under the laws of the State of Maryland with its office in the Ci f Orange as principal ty o Surety:(hereinafter. called Surety), are .held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Sixty Seven Thousand One Hundred Eighty Six 67,186.00 Dollars ($ ), 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 21 2012 entered into a contract with Ownerfor the CC-1434 FY2 011/ 12 ADA Curb Ramp Project in the City of Huntington Beach, CA with drawings and specifications::prepared by which contract is by reference made a part hereof (-hereinafter referred to the Contract); and accordance WHEREAS, the Contract provides that the principal will guarantee, for a period of one yrear, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's odigations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor ar d Surety agree that the commencement date for this Guarantee and Bond shall be October 11 2012 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor;shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any, and all defects arising in the Work, whether resulting: from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shalt save the Owner harmless from any claims, judgments, liens or losses =;rising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the .Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of :the Work and complete the Work ii accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense; and make available 10-2567150583 as work progresses sufficient funds to pay the cost of completion less the unpaid ',valance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bon: shall be subject to the advance written approval of the Owner. Within thirty (30) days. after Surety's receipt of a written notice from Owner of the failure of. performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) :arrange for performance of the Contract promptly by a contractor other than, the Principal, time being of essence to this.'Bond. In said Notice of Election, the Surety shall state the date of commencement of Its cure or remedy of the Principal`s defaults) or its performance of the Contract. The Surety's obligations for cure or 'remedy, includa but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages (of if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or nom- performance by the Principal'). The Surety shall give prompt written notice to the Owner upon completion i)f the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of Its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond; and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 11th day of October 20 12 Principal Raised Corporate Seal [MUST BE AFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. raised Corporate Seats are mandatory. 3. Please attach Power of Attorney: G.M. Sager Construction Company, Inc (Contractor Narnet By: ���� �/V (Seal[ C�cwJ r� Sa,5�r P(lcStOz r�T (Title) American Contractors Indemnity Company By: J 2 10-2567150583 VED AS TO F c07EA'TH, City Attorney Jill �TOWER OF ATTAI ml„li ICI 11 II 61V.IIIIIIII III, LII. — — — — AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY: U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity, Companya California corporation, United States — �qpety �­� a Maryland c pq Ulj11�pecialty Insurance- QRrr a.Z! Was corporation these presenIllllllill int: 0 W Johnson of Irvine, CwWrMh its true and lawful Attorney(s)-i n- fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute acknowledge and deliver any and a I onds, recognizances, undertakings �a� "-7-►thdFlfistrw—ftnts or contracts EgaLsimeti—o--M*-ALQ!Mude riders, amp S is of surety, prow iwp tk&ftnd�— *�Itee Mill �"Wuono n --J;d _ ion***4 11 Ill Dollars ($ WdilgilbfSxceed 1�1 1�1111 1111"I ll�11! III W-WIN 15&49��ney shall exWm lliffibf�Mbti—uff on March �1,111111119011 t]M— 6ft­ de'llkitorney is -authority of the following resolutioE-s---aTo rted by the Boards of Directors of t e ompanies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any. Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 16e of and on behalf-4aiNbc pilI---,TN �Wrna�� 2�e given full power angl�jq cxe�uffwacknowledge and dqg�ridllf s-- agreements or Me em- US c e I or obligatoryMud -By Mdei—wft _W- — W%d all consents fa�ease aMrietaledo 0111 .1 1 win — — III I All HIM ME t5ft--mml naMisti mates on engilnqq� ri is, and any and all-hol VnnZantffing or terininati6-E-::t-�.m --n tt ��effulrl any such instruments so exe I II y lilt 21 1, tom an signed by the President— Wand effected su omey-in-Fact shall be bindingluillin by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond-or=underL%h to which it is attached. IIII AMg 004II9SMHERREOF, The Q=WjMmi�aw rate seals to bffc ft-Mfm-d —WIM r,- -2 cWWW ft instrument t6llJ ��"�MlMe 011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY gpl low J By: W� Xjuifa—rNTc=e President State of California County of Los Angeles SS: g�ffiii-3 to ber, 2011, a notary pub W laniel P. AguiW ddde� fiII III b M !MLMifidric- 30mrs Indemnity Corril _7141:0311 11 1 ance Coma —v&kNiJW on the basis of satisfactory evidence —to-Be ffieperson whose name i su scri e( e within instrument and acknow to me that s b � �tso he executed the same in his authorized capacity, and that by his signature on the instrument.the persoril or the entity upon behalf of which the persons) acted, executed the instrument.. MtWbf7-&-WWALTY OF PE`II 11`II ��IIII11rf the State of GMbffi% MUM fflW going paragraphiMM Sftffa!Wlgnd officials Signature 464, 1te e (Seal) PUM ..cmdah Los Aal C"" owa, Egir" aw it. MIS 1,1earinteaLee ,distant Secretary of American-Gontramrs Indemnity Com a,fi many and U-S. Suety n urety Co -p� pa IIIII _Zwl ad do hereby cexffi— bfm&-­�Ioregoing is aII II III a Power ol Am=m-_ =—IqMe�L IInII L s Zsaid- vOch is still in M �rffleffgh�.rmore Directors, seMM Me Iftmerroff attorney are fnffull force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12th day of. October 2012 A 0 1 Bond Nol 000802 139 Agency No. 6709 Jeannie Lee, Qi stant Se cretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California Orange On _October 12, 2012 before me, Hannah S. Peter, Notary Public NAME personally appeared J. W. Johnson NAME OF SIGNER 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 S. taw same in his authorized capacity, and that by his signature Coa1�o t on the instrument the person, or the entity upon behalf of Notary PUNK • Calitoraia 0ranp colay which the person acted, executed the instrument. ev Comm. = ft I.2016 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 O ARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSE- ATOR OTHER Z X7 ER IS REPRESENTING: OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACUD DOCUMENT OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information AMERICAN CONTRACTORS INDEMNITY COMPANY 601 S. FIGUEROA STREET, SUITE 1600 LOS ANGELES, CA 90017 Old Company Names Effective Date Agent For Service JEANNIE KIM 601 S. FIGUEROA STREET, SUITE 1600 LOS ANGELES CA 90017 Reference Information NAIC #: 10216 California Company ID #: 3634-3 Date Authorized in California: 05/23/1994 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: 11 CALIFORNIA back to top NAIC Group List NAIC Group #: 0984 HCC INS HOLDINGS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary, SURETY back to top © 2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=company... 11 /14/2012 H CC BOND NO. 1000802139 American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 CONSENT OF SURETY PRINCIPAL: G.M. Sager Construction Company, Inc 1380 S. East End Ave., Pomona, CA 91766 OBLIGEE: The City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 PROJECT NAME: CC-1434 FY 2011/12 ADA CUrb Ramp Project in the City of Huntington Beach CONTRACT DATED: 21st of August, 2012 CONTRACT/PROJECT NO: CC-1434 FY 2011/12 The consents to: Final Payment AMERICAN CONTRACTORS INDEMNITY COMPANY (Name of Surety) , hereby Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond or contract. Signed and dated on October 11, 2012 Su By: - Sign TORS INDEMNITY COMPANY Representative J.W. Johnson, Attorney -in -fact Name and Title HCCSCA492B I0/05 l+I III R III[ OF ATJ I'lIil AMERICAN CONTRACTORS INDEMNITY COMPANY. UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That Am n'can Contractors Indemnity Company --a California corporation, United States Jill! Specialty �M�Rnp corporati on —ve ion ��IlWti a Maryland c,pqr.J Insurance= ,11� I oint: aw immimma—dw these present J W Johnson of Irvine, C rma its true and lawful Attomey(s)-in- fact, each in their separate capacity if more than one is named above, With full power and authority hereby conferred -in its name, place and stead, to execute _acknowledge and deliver any and al><,,,onds,recognizances,undertakinLFs ,=00otliffliktru—MeRts or contract&-46-9fifetliffiff"q�Z de riders, am ts of surety, pT"ift- thV1ftd—=— MA—MrWe Mill Dollars I GAIDN 0 MW enalMddKiMlExceed ',I I,I e ion"111 11�11�111r 1�� in Paw ey shall exo&� IIIIIII01111ii'liII 0, Xttorney isgFff#ANtWeF%fiFW ffttT�h- Wbtiffld on March VSNIIIl authority of the following resolutions ad'6pted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions -- kn me of and on behalLA� C—mp��eiq�ufgac owledgeariddellija q�n-w.ptjffwbe given full 0 er Milli iRffi-ce�-- wagreements bligatory W11 W-d all consents f4wealm rN W-0 — I — — — — --- — or o iffltretO �J& IrII Ili (I IIII "as, and any and aflUmikesigid dl�uanofflng or terminaltingffi� ff- 2 W-affir, W 1II ,nec 101si I�Wtaig�I- WfinaTflestimates e i and any such instruments so exec thMom any as if signed by the President--�MdTeafZTand effected y such Attomey-in-Fact shall be binding -upon p by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney,or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to p de to which it is attached. any=boni _ Illillllllll II III III MWITNESSWHEREOF, The CWMMh— MR instrument to� 11`%��'lrate seals to b0idfflc���— 11 rdW 9&yZYMMer, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY IIM�$� J, 'IIIBy: Dan!&P. Xguilar, Vice President State of California County of Los Angeles SS: rd O isof tober, 2011, notary pu a nota 111ai a aniel P Aguiw a a Nna�— amt—Haddis Indemnity ll!"Ffflp�fftffWes�Surety Compa InsIVY ante Compares v Ug on the basis of satisfactory evidence to an be the person name is subscribe to the within instrument d acknowleed to me that he executed the same in his authorized capacity, and that by his signature on the instrument the Rerson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A�ml offirtimiiiarMMALTY OF �I�l�I�IVllul III �I ill �f the State of QZMiMWm- 1W-ffi&ff&jng paragraph rind —Wild IS yW IS official P is Signature (Seal) PwAk L" Million 0-" cg.FAWN. Is. 20$5 .I, kam eeM&istant Secretary oLAm ricanWantrMrs Indemnity Co an�, iirety Company and ILI-& Sjl�=NW � —o — dul11, 1 wild! 1111 1 i„ nuraeVIct:phwaboregoi 11 1, �,11 Power of Atemqme do hereby c ng is aMch is still in M Wwtrthbrmore, t e res,�I th IIJL I Directors, semlm M !%R=GU ll s tfbfmey are in full force and effect. — In Witness Whereof, I have hereunto set my h I and and affixed the seals of said Companies at Los Angeles, California this 12th day of October 2012 III III III (IIII W 7 Band No. Agency No. 6708 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On _October 12, 2012 before me, Hannah S. Peter, Notary Public NAME personally appeared J. W. Johnson NAME OF SIGNER who proved to me on the basis of satisfactory evidence HANNAH S. PETER to be the person whose name is subscribed to the within Cominisslon # 1990503 instrument and acknowledged to me that he executed the Notary Public - California Orange County same in his authorized capacity, and that by his signature My Comm. Ex Tres Sep 7, 2016+ on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN - TRUSTEE GUA AN/CONSERVATOR ER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE RECEIVED BY: / # CITY CLERK RECEIPT COPY _�✓i` . I Return DUPLICATE to City Clerk's Office `(Name) s ,{ after signing/dating (Date) �. CITY OF HUNTINGTON REACH . INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer r.. FROM: DATE: (�A lld--, SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. f Approved iS7 (Council Approval Date) ' , (Company Name) n� o --� 9 Agenda Item No. City Clerk Vault No #27 g:/followup/bondletter.doc FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GM SAGER CONSTRUCTION COMPANY, INC. FOR CC-1434 FY 2011/12 ADA CURB RAMP 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 GM Sager 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 CC-1434 FY 2011/12 ADA Curb Ramp Project in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are g/agree/citywide/surfnetfedera]CDBG 1 of 43 12/11 recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g/agree/citywide/surfnet/federalCDBG 2 of 43 12/11 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10901 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, g/agree/citywide/surfnet/federalCDBG 3 of 43 12/11 written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. g/agree/citywide/surfnet/federalCDBG 4 of 43 12/11 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Sixty Three Thousand Dollars ($63,000), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Thirty (30) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and g/agree/citywide/surfnet/federalCDBG 5 of 43 12/11 the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work g/agree/citywide/surffiet/federalCDBG 6 of 43 12/11 due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. g/agree/citywide/surfnet/federa]CDBG % of 43 12/11 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g/agree/citywide/surfnet/federalCDBG 8 of 43 12/11 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts 'of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY g/agree/citywide/surfnet/federalCDBG 9 of 43 12/11 or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. g/agreelcitywide(surfnetlfederalCDBG 10 of 43 12/11 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work g/agree/citywide/surfnet/federalCDBG 11 of 43 12/11 and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. g/agree/citywide/surfnet/federalCDBG 12 of 43 12/11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. g/agree/citywide/surfnet/federalCDBG 13 of 43 12/11 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, g/agree/citywide/surfnet/federalCDBG 14 of 43 12/11 of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted.. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g/agree/citywide/surfnet/federalCDBG 15 of 43 12/11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect g/agree/citywide/surfnet/federalCDBG 16 of 43 12/11 not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. g/agree/citywide/surfnet/federalCDBG 17 of 43 12/11 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to g/agree/citywide/surfnet/federalCDBG 18 of 43 12/11 the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN : JOHN GRIFFIN 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: GM Sager Construction Company, Inc. 1380 S. East End Pomona, CA 91766 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that g/agree/citywide/surfnet/federalCDBG 19 of 43 12/11 pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases .be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. g/agree/citywide/surfnet/federalCDBG 20 of 43 12/11 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfnet/federalCDBG 21 of 43 12/11 training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this g/agree/citywide/surfnet/federalCDBG 22 of 43 12/11 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. g/agree/citywide/surfnet/federalCDBG 23 of 43 12/11 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: and (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/citywide/surfnet/federalCDBG 24 of 43 12/11 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG 25 of 43 12/11 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG 26 of 43 12/11 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG 27 of 43 12/11 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage g/agree/citywide/surfnet/federalCDBG 28 of 43 12/11 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they g/agree/citywide/surfnet/federalCDBG 29 of 43 12/11 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g/agree/citywide/surfneUfederalCDBG 30 of 43 12/11 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) g/agree/citywide/surfnedfederalCDBG 31 of 43 12/11 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfnet/federalCDBG 32 of 43 12/11 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. g/agree/citywide/surfnet/federalCDBG 33 of 43 12/11 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED TIANAA(':PQ HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG 34 of 43 12/11 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG 35 of 43 12/11 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG 36 of 43 12/11 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. g/agree/citywide/surfnet/federalCDBG 37 of 43 12/11 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection g/agree/citywide/surfnet/federalCDBG 38 of 43 12/11 Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.) 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and g/agree/citywide/surfnet/federalCDBG 39 of 43 12/11 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfnet/federalCDBG 40 of 43 12/11 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. B. Violation,• Liability for Unpaid Wages,• Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/federalCDBG 41 of 43 12/11 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 64. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG 42 of 43 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 4a6t S � , CONTRACTOR GM Sager Construction Company, Inc. By: �a Asa e! tname ITS: (circle one) Chairman4Eresi en ice President AND LN 3 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ity Clerk INITIATED AND APPROVED: RE print name ITS: (circle one) <ecret Chief Financial Officer/Asst. Secretary - Treasurer of Public Works APPROVED: Manager APPROV AS TO FORM: Ci Attorney g/agree/citywide/surfnet/federalCDBG 43 of 43 12/11 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GM SAGER CONSTRUCTION COMPANY, INC. FOR CC-1434 FY 2011/12 ADA CURB RAMP PROJECT TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE ":r.....<. . 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 2 3 5 5 6 6 7 8 8 10 11 11 12 12 13 13 14 14 15 16 16 17 17 18 18 18 18 19 19 i FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 20 34. INTERPRETATION OF THIS AGREEMENT 20 35. GOVERNING LAW 21 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. COMPLIANCE WITH APPLICABLE REGULATIONS 21 39. MINIMUM WAGES 23 40. PREVAILING WAGE LAW 26 41. WITHHOLDING 26 42. HEALTH AND SAFETY 27 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 28 44. APPRENTICES AND TRAINEES 28 45. PAYROLLS AND BASIC RECORDS 31 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 34 47. SUBCONTRACTS 34 48. FEDERAL PARTICIPATION 34 49. DAVIS-BACON ACT 35 50. DISPUTES CONCERNING LABOR STANDARDS 35 51. CERTIFICATION OF LIABILITY 35 52. DISCRIMINATION, MINORITIES, ALIENS 36 53. EQUAL EMPLOYMENT OPPORTUNITY 36 54. COPELAND "ANTI -KICKBACK" ACT 37 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 38 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT 38 57. ENERGY CONSERVATION 39 58. HOUSING AND URBAN DEVELOPMENT 39 59. SUBCONTRACTS 40 60. CONTRACT TERMINATION; DEBARMENT 40 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 40 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 41 63. SIGNATORIES 42 64. ENTIRETY 42 11 SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington. Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump 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. Accompanying this proposal of bid, find nmJ in the amount of $ �t ��"�• g, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Bate Received Bidder's Sig4qwe C-2 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Items Esl>tnated >� W'tl >}aa�itr Uri ll�araaed Not a�anb Writt a ii@ warm Al +t1 t 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work $- �y $ S required to construct ADA Compliant Ramp shall be ° included in this item. @IA.�B��oll,a�r�sy. Cents-s Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES � • • ! � ' it �t t� r' `, ts'�' 'ti ;�L�S -�;� 1, '�1��..F�- i ' t' � r�? � t�; The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 Ttelm Este�ated `' item �rth IUIIIt F IIF�rce No. t 1 10 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work EA. required to construct ADA Compliant Ramp shall be $ $ included in this item. nn @ 0cJln4—�I�J`''^��Dollars Cents Per EA. Additive Bid No. 2 RD 463 Iptrye//l�►>� ♦CAI. „ �n�• : aftv."'� D XT;�S •X k MM..r 1 2 Construct ADA Access Ramp per Ramp Detail and EA Caltrans Standard Plan A88A (Appendix B). All work $ZA'040—� $ . .60 0 o required to construct ADA Compliant Ramp shall be included in this item. II 11 *QAfi al&(%J 2.tYtU J6 Dollars Cents Per EA. C-3 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on .'— /2 at en yA ran Q— eA Date City State 11A r Gy a. eA - , being first duly sworn, deposes and says that he or she is s e c, r Aaia r� - L �w v of - v^Q f Cd Z- party making the foregoing bid that the bid is not made in the int est of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. .t�i'el�PiaiiQiTiio'couni1 0f S(XK Subscribed and sworn fo (6711(med)before me on this LW"' of jk�4, 20 iZ, by r (' S-e r proved to me on the basis of %dence to be the persons) w app before ( igna ure of Notary) Commission # 1920733 = �� Notary PubliC California Z -� Los Angeles County NIX Comm. Expires Jan 27, 2019 C-5 G A S AA car CgD -s-rA% Chi a c� C® �a9 � Name of B rider Signature of Bid er 1 ®S EA-0+ GF-A ® A o Cam, 9, t-16 6 Address of Bidder LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class Dollar % of Items) License Amount Contract Number 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical. secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative.Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-6 6 AA S on Contractor By PWR DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. CIE _ 1� _� ►/'V :i.�l Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: t-�� C-8 y ® df"mJ Title BIDDER certifies that the following information is true and correct: Bidder Name 13?b S. Ea-s+ C-nJ Business Address �Db t)OA CA 9 (166 City, State Zip (QM) 6af) - qqgl Telephone Number \( A /I State Contractor's License No. and Original Date Issued Expiration Date The work site was inspected by of our office on 201 Z. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. To c- Company Name Si tore of Bidder / VI "*WWUL'""- Commission # 1920733 z IONotary Public • CalNornla Loa Angeles County 7, 20t; Printed or Typed Signature Subscribed and sworn to before me this ' a of� , 200. �� � Sur,,,cd`bP: unrl ;vvr, ;o of rmed before n this 6o5u. 0 ` bZj a, e- i S a-L V. MC1N' ,ti;A ;1i VG Cf io MC " '+ , 0545 of sails adoiy evl en fe �� the n(s) wPear before Commissia 920733perso'doterY P aliforntaNOTARY PUBLIC i' rix=wn teofNot atvi Los �nty NOZARY 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: —. See 0C1+& �- 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. 0 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Note: G M Sager Construction Co., Inc does 90%-100% of its work in house. FONTANA WATER COMPANY VALLEY BLVD. TRENCH PAVING BASE PAVING, ASPHALT GRINDING, ASPHALT CAP PERIOD OF PERFORMANCE: 2007-2011 SAN GABRIEL VALLEY WATER COMPANY PLANT F21, FONTANA, CA GRADING, ASPHALT PAVING, CONCRETE, ASPHALT GRINDING, BLOCK WALL, WROUGHT IRON INSTALLATION PERIOD OF PERFORMANCE: 2004-2011 CUCAMONGA VALLEY WATER DISTRICT ASPHALT AND CONCRETE MAINTENANCE PERIOD OF PERFORMANCE: 2009-2012 JURUPA COMMUNITY SERVICES DISTRICT COUNTRY VILLAGE ROAD, JURUPA VALLEY, CA ANNUAL PAVING CONTRACT. PERIOD OF PERFORMANCE: 2009-2012 SUBURBAN WATER SYSTEMS ASPHALT AND CONCRETE YEARLY CONTRACT PERIOD OF PERFORMANCE: 2009-2012 SANTA CLARITA WATER DISTRICT COUNTRY VILLAGE ROAD, JURUPA VALLEY, CA ASPHALT AND CONCRETE MAINTENANCE PERIOD OF PERFORMANCE: 2010-2012 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: 6. :::*,0 ow*� e®#*J Contact Person: Contact Phone: Signed: Date:�- *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted. by the bidders. and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 s ecialty Insurance ompany l i C C main 3P 64 0990R facsi mile 3 0 6400 9 G416etcs, California 90017 BOND NO. 1000907355-23 PREMIUM BID DATE: 07/26/12 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, G.M. Sager Construction Co., Inc 1380 S. East End Ave., Pomona, CA 91766 (hereinafter called Principal), as Principal, and U.S. Specialty Insurance Company , a corporation, NX organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the f State of California (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Floor 2, Huntington Beach, CA 92648-2702 N (hereinafter called Obligee) in the penal sum of Ten Percent p ( ) percent l0 % of amount bid not to exceed Eight Thousand Four hundred Fifty Dollars & No cents .................................................... Dollars ($ 8,450.00 ) r for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Paving, Sidewalk/parking Lot, FYI 1-12 ADA Curb Ramp Project 1434 Curb, Sidewalk, ADA Ramp, Asphalt/Concretee Project 1434 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be ry specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 24th DAY OF July 2012 G.M. Sager Construction Co., Inc PRINCIPAL By: JS./V7e.4ci;'J1nance Company By: son orney-in-Fact HCCSZZ220B04/10 — - q� �� III �� IliiIIIIIIILIII'I � � IIIIII II i l l I _— — POWER OF ATTOII I I „� TV I Illludil,ll I II i I AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, United States —Stty a Maryland co rani n II Will U �'' Specialty Insurance Cmacas corporation 1olltv�ie _ P lli gllli li IIIIIIIIIII ig11 t these resents ''LL � to an ap oint: 'lull �II Ili III IIIIIIIII IIIIIIIIII� IIII IdIIa IIII lll'Ilil II �ohnson of Irvine, CidifUTMM its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above; with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all.bonds, recognizances, undertakings_ oc=oothe��struments or contracts�sa o hide riders am s l" I oiI°''its of surety, pry _ tl d� enaldoetolxceed _ _ wee Million***,i�Pil�; "illl!I'II 'IIII III III Il.dl!I IIV Dolkars ($0�0 -_ TIRAPnweL�AtWme shall excti€ € on March 1 I! I" o'°'Illllpttorne is u e Y I "IIII ,III i �Vllll ,, Rill Y au ority of the following resolution by the Boards of Directors of 'he Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any. Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: _ —innt a given owera u II IVII g pity h Ili a of and on behalf . peacknowledge and deli__arrncl a�trds IIIIIuIuI II!I j� __iceae agreements or roll a it �fy!!a d e�lei�l or obligatory vir di all consents form (ME oetamed- resat �einstimates on en iI'IIUI�I hI =_ _ g �ol�l ���dl oq n ets, and any and os = nag or termmatmeempany 53tzt — iere€mder, and any such instruments so exec"u PEI IlTl• suc II !IA�O lm�ley-in-Fact shall be bindir t ompany as if signed by the President=a�eate�and emoted by the Corporate Secretary. Y . Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or-undertW&g to which it is attached. __ (IIIIIIII I III �!ilulullll�y, pu 'll; 111 l Il p II' Iiij III' 111II�1�1VIIES WH£ItEOF The C IIIL. pit ct instrument to' e s t ate seals tobeofid' i1 Il �il•ll'IIIll�ib __day ofi-0ct©ber, 2011. �II — - — AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corr)orate-=Seal - — — � oal • � IIIIIIVI IIII I III I � � = _ - ill II 'llll!I'I ul ;!IIII' II k ,u By: — - !IIIIIIIIIII Dam Ruilar, ice President — State of California ` County of Los Angeles SS: — __ - — ,,all II Vi (IIIIII IIII III Ili lull IIII IIP ill'ance — Otrtht `d afQctober, 2011, b � I for Wel a notary publ ! ,!ps Ian ap' L .niel P. Aguil er I,�,! III IIIIII l d!�ll n'Com — �m�ncat�€�o�ac�s Indemnity surety Compa �PIIIIlllll4'�IlkPam —on the basis of satisfactory evidencliMe person whose name is subscribed to �te within instrument and acknow--Tifflge-Cto me that he executed the same in his authorized capacity, and that by his signature on the instrument the. person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.. ti rALTY OF PE tyn IIIpIU" — 1.11 !'pf the State of Ors _ ing paragraph iiiend wortec# ,II a ��I 4 III �" S end official seI!I wa — - — _ = = lll'lllli,lllllll ill (IIIIII VI, = — t Signature„ y�l"S o (Seal) L" MCI I, Jeann>heesistant Secretary of Amertcatntrrs Indemnity Company IUniE I�Stat' urety Company and U S. Suety= �trsurance warn do hereby ce h�b��ore oin is a .i I" II!'!I�III IIIoIIhlll,lt' u��illll IIII (IIII' j a Power of Aee — — - 1��� Y — g g �Vlliili IdIIIIIIIIiIiIIII i I .. � — = said-C npa tie v tch is still in BE Mlp *f_rmore, the re ut� I n ads i,;, lj)irectors, seMM M 12 v tterney are m full force and effect = Illllillllllll,,ll I�.I ° 11111IIIII IVII I' Illl�llui In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,. California this 24th day Of Ju 1Y , 2012 — ;Illlillilll'IIIIIIII, IIII I II 'Illllullll of lllII —_ — — — _ — — - - T — " — ta EA � Jeannie Lee, sistant Seereta Bond No. j,�0907355�23 i - ry Agency NO. 6705 Illolllll!I'I'llllll I I IIII � ill _;IIIIIIII - - 4CALIFORNIAALL UI2POSE=ACKN.O DGIVIENT m -r� State of California County of Orange On _July 24, 2012 before me, Suzan M. Martinez, Notary Public NAME personally appeared J. W. Johnson_ NAME OF SIGNER SU�ZAN M. MARTINEZ Commission # 1970964 Z Notary Public -California v z --•�� - Orange County My Comm. Expires Mar 29, 2016 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. 0 (SIGNATURE O)DTARY) OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ ❑� 7 m m LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERV OTHER DESCRIPTION OF ATT. OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ---------------------------------------- SIGNER OTHER THAN NAMED ABOVE City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. "7 - 2 6 - t 2-- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. 9, /�, sa a'r- CoK5 4r�vc,,,4°®s%, "SEALED BID" for FY 11/12 ADA CURB RAMP PROJECT In the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE STREET, O HE CITY FLOOR CLERK, 2000 MAIN T A -� ® ,�� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 08/22/2012 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 LIC #0829370 1-925-244-7700 Edgewood Partners Insurance Centers (EPIC) [Irvine Branch] P.O. Box 5003 CONT NAME: CT Edgewood Partners Insurance Center PHONE (925)244-7700 FAX, AIC No Ext: (AIC No: (925)901-0671 ADDRESS: EPICCerts@edgewoodins.com INSURER(Sl AFFORDING COVERAGE NAIC # San Ramon, CA 94583 INSURERA: NATIONAL FIRE INS CO OF HARTFORD 20478 INSURED INSURERS: CONTINENTAL CAS CO 20443 INSURERC: VALLEY FORGE INS CO 20508 G M Sager Construction Co. dba: G M Sager Construction Cc 1380 South East End Ave INSURERD: TRANSPORTATION INS CO 20494 INSURER E : INSURER F : Pomona, CA 91766 I.;UV CI[AU GJ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMlDD/YYYY LIMITS A GENERALLIABILITY C2097378598 04/19/1 04/19/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO —RENTED PREMISES Ea occurrence $ 300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5,000 111 CLAIMS -MADE OCCUR X BI/PD Ded-$5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PERJECT : EOaaocdeDSINGLE LIMIT t $ 1,000,000 X POLICY PRO LOC 9 378634 04 19 1 04/19/13 B AUTOMOBILE LIABILITY X BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED r PROPERTY DAMAGE Per accident $ X HIRED AUTOS X AUTOS. y $ C UMBRELLA LIAB X OCCUR C209737867 04/19/1 04/19/13 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 10, 000 O WRy $ D WORKERS COMPENSATION WC434348095 / / 02/01/13 X LIMT-- R E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERlEXECUTIVE❑ E.L. DISEASE - EA EMPLOYE $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under-- A DESCRIPTION OF OPERATIONS below Rented/Leased Equipment C2097378598 04/19/1 04/19/13 $65,472/Lim it 65,472Limi A Pollution C2097378598 04/19/1 04/19/13 $1000,000/Limit 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: CC-1434; ADA Curb Ramp Project ADDITIONAL INSURED: City of Huntington Beach, its agents, officers, and employees ULKIIFII;AI t MULUtK ""^ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 i USA I CA— G) Itft56--LU-IU AL UMJJ l.VrtrVRAI IViV. r 11 riyr raa 1c 1 VUU. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD rjohnsonl-org 28780622 G-140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED e OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) City of Huntington Beach, its agents, officers, and employees 2000 Main St Huntington Beach, CA 92648 Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) CC-1434; ADA Curb Ramp Project A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher_ limit of insurance than the least that is: 1. Any person or organization whom you are required by "written contract" to add as an a. Required by the "written contract"; additional insured on this Coverage Part; and b. Described in B.I. above; or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. 3. This insurance is excess of all other insurance B. The insurance provided to the additional insured is available to the additional insured whether on a limited as follows: primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury" caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract"; or c. "Your work" that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10/10) Bond No 1000802139 PAYMENT BOND Premium: $1,890.00 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to G.M. Sager Construction Company, Inc 1380 S. East End Ave., Pomona, CA 91766 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC-1434 FY 2011/12 ADA Curb Ramp Project in the City of Huntington Beach (project title) WHEREAS, Principal is .required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THITREFORE, .we; the .undersi ned'Principal, and American Contractors indemnity Company 625 The City Drive South, Ste 130, Orange, CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as 'Surety"), as Surety, are held and firmly bound unto City in the penal sum of Sixty Three Thousand & No Cents. ................ dollars, ($ 63, 100.00 this amount being not less than one hundred percent (100%) of the total price set forth in the Contract; in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts clue under the Unemployment Insurance Code with respect to work or labor performed by any such: Claimant, or prevailing wages due and ,penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be. deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for,the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the; Caiifomia 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 payall 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, 277589A _ PAYMENT BOND Page I of 2 1000802139 Bond No. extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the -work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surely, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated_ 23rd of August, 2012 ATTEST G.M. Sager Construction Co., Inc (Corporate Seal) (Principal Name) ATTEST (Corporate Seal) By: Name: ;�ha Its: Ogg or American Contractors Indemnity Company By: Name) on " (Sign/ture of -Attorney -in -Fact for Surety) t714�740-7000 (Attach Attorney -in -Fact Certificate) (Area Code &-Telephone Number of Surety) APPROVED.AS TO FORM: CITY OF HUNTINGTON`BEACH By !nnifer Mcbrath ity Attorney sh S f e6 Note: This bond must be executed in duplicate and dated, aft signatures must be notarized, and evidence of the authority of any person signing as attorney -in -toot must be attached. 277599.-1 PAYMENT BOND Page 2 of 2 illl II ICI - -� —OVER OF ATTO AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, -a California corporation, United States -Styes a Maryland co r ti n tuNl I p I Specialty Insurat� Qam a cas corporation jcolle ttye ;`the i these present e o IIII i IIIII!urii y!Iloint: o ' — lllllo� II � IIII �I,�-- IIh�I W Johnson of Irvine, C forma its true and lawful Attorney(s)-in-fact; each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and alll;llbonds, recognizances, undertakings= oraotherstr�ents or contractsolude riders,:amuts ill is of surety, prolft tltd *_ _ *** ! — ` _ _ _ c uI III III IIII ! (IIII Dollars ($ 0 eldae�xceed —ee Million a III I� �� %Pcottorney shall ex�lithe on March 1 ��II 11IIIII il!I II °x ollllttorne is tie IR II III 71 II IT y authority of the following resolutions a opted by Boards of Directors oft e Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary. shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: of IIIIIII IQil — rn zn= t e given full power ty me of and on behalf pa t e=vHmgcknowledge and delAwM - ndA-bo>fids IIII �I I�' II II it III � ce o agreements or e , Ott I or obligatory a qWr ud W all consents fob lem owetaiaEd_ emmta Wiin�stimates on engi� nlllll�l II�V I i �II�J llu' I!II — °�R (lY nt ts, and any and" a�o�s_ ancng or termmarin��e�mpany� t i� hereunder, and any such instruments so exel�li�il I�IGI lyl la' y.suc1iH0 y ngupon p y signed y �.ttorne in-inbe bmdi Wom an as if si ed b the Presiderr ndvea�ed nd effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or wndertakf to which it is attached. p pllllll IIII 1�VITNESiREOF, The Ctit cam_ instrument tol ! �Ii A _ 'I�'llll�llllrateseals to bid r�ac�er, 2011.- - Y AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY C moratc eal * f p - - _- -ti9i IIV I' By: — _ _ III i,l Dau!try. �uilan ice President — - State of California County of Los Angeles SS: , 9111IIIIII111 Ohi�s_rd— I!IV llli sIiInfI tII�lIllih glu IIIII I °' :I,VI niel.Aguil-0tober2011,leIo—— a nota V pujpp 15 =Mrtca&60acrs Indemnity Cosance Compa_�etY. or he basis of satisfactory evidenceteWe person whose name is subscribddlto e e> — _ within instrument and acknow1&8ged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the' instrument. II I II Illlill IIIII � I IIIIIIIII i ti ii r ALTY OF PE VI III " j nI I' I of the State of C- ir_ Wes_ �_ ing paragraph JA�t�u�orr�ct _ �1SS�aand official s� Si — ,,�` S-� - . gnatureu. (Seal) vs camta, exon awl i. X$5 � I Jeannie ee asistant Secretary of Amezican�ntr rs Indemnit Com I�Ilny� IUni I,,l " urety Company and U-S. S .Malty 1 Y g g Y p l lu II t toI III Insuran t do hereby c l b» ore om is a n o a Power of Ate edi �III IIII a IIII 411 1 I, 'III III a Cs p iY v3 ch is still in e n f�tr _ rmore, the re ll a Ili lllllllul ITlili!11i s i, iDirectors, se tt vv MAftorney are in full force and effect= In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 23rd day of_ August_ 201Mcno 2• IIIIIIIII _ VC - _ — III IIII I II uii _ Bond l'� Jeannie Lee ssistant Secreta d No. 100080213y_ .f - rY Agency No 6708 — __ _ �,;I I IIIIIIIII I , I I IIIpIIIIgII� I„ . IIII - - `'IF'O�tN;IAALL�URPOSE�ACKNOWLEIDG1YIElyT��-.� �r��;.? �' � ��� :�` State of County of California Orange On _August 23, 2012 before me, Suzan M. Martinez, Notary Public NAME personally appeared J. W. Johnson NAME OF SIGNER 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 SUZAN M. MAR71NEZ same in his authorized capacity, and that by his signature Commission # 1970964 on the instrument the person, or the entity upon behalf of Notary Public - California Z which the person acted, executed the instrument. Z ' Orange County My Comm. Expires Mar 29, 2016 I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. l/ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- 0 PARTNER(S) LIMITED GENERAL `= NUMBER OF PAGES ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSER TOR OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE 1000802139 Bond No. Premium: Included KNOW ALL PERSONS BY THESE PRESENTS; WHEREAS City ofHuntington Beach ;(hereinafter referred to as "City") has, by written agreement dated August ' 0 , , 20 12 entered Into a contmetwith G.M. Sager Construction Company, Inc 1380 S. East nAve, Pomona, CA 91766 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC-1434 FY 2011/12 ADA Curb Ramp Project in the City of Huntington Beach t (Project rt►e) 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 American Contractors Indemnity Company 625 The City Drive South, Ste`130, Orange, CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety,) as Surety, are held and firmly bound unto City in the penal sure of Sixty Three Thousand & No Cents. Dollars ($ 6 3 , 0 0 0 . 0 0 ), 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 thesepresents. THE CONDITION OF THIS OBLIGATION IS SUCH. THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contractas said contract maybe 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 bythe .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 orr contract price, and 2r75911.1 PERFORMANCE BOND Page 1 of 2 1000802139 Bond No. any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sure of this Band to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§ 2W and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed:by Principal and Surety,.on the date set forth below, that the name of each corporate party being affixed hereto is such party's;proper legal name and that the.indiAduals signing this instrument have been duly authorized pursuant.to the authority of its, governing body. Surety, by execution of this bond, waives any.defensewhich Surety has or may have.:by reason of.any failure of the Prind ai to execute or properly execute this bond. Dated: 23rd of August, 2012 ATTEST G.M. Sager Construction Co., Inc (Corporate Seal) (.Principal Name) Title - American Contractors Indemnity Company ATTEST (Corporate Seal) u Name) 4 8 By: Nam gohfison (Sigrifiture, of Attorney -in -Fact for Surety) 14 (Attach Attorney -in -Fact Certificate) t LJ 7 4 0- 7 0 0 0 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OIUNTINGTON BEACH ak,MdG.bth ' c s/ I- ity Attorney Note: This bond must be executed In duplicate. and dated, all signatures must be notarized; and evidence of the authority of any person signing as attorney -in -fact must be: attached 277591.1 PERFORMANCE BOND Page 2 of 2 II _ III li4il !i IIII i IIIII VIIIII IIII IIIIIII i (IIIII _ — — = _ ='OWER OF ATTO"E'i' AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY.. U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, United States �ttya a Maryland craty n `�no Iv�iISpecialty Insuranceinaas corporation ollrvdiie 11Ithese reSen II of III!e III 1II if oint: — - - 'lll�l;ll,.11 I I � I' IIIIIIIIIIIIIr�IIIIII�dIII I�IIIIIU ulllullll• = _ — _ _ — — — I IIIIIIIIII II J W Johnson of Irvine, Ca�rnia — its true and lawful Attomey(s)-in-fact, each in their.separate capacity if more.than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute acknowledge and deliver any'and al} bonds, recognizances, undertakings— � otlrer i tr nts or contracts�s_ n ude riders, am is I°Ipli; ollllllllpll��is of sure , prs '— tad= ealdoesceed = =_ — wee Million" lu1 a IIIII lil I� 1 IIIIIII IIII IIII 'lllllll. Dollarst ($1(MONO htii�ooAtne shall ex= ttt� on March 18i. it f, J NII fill"s�lll '''° o'Illtt -uTbW Y I — IIIII II a JAI l orney rs authority of the following resolutions�pted by the Boards of Directors oftite ompames: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more: suitable.persons as Attomey(s)-in-Fact to represent and acf.for and on behalf of the Company subject to the following provisions: ail Illllllllj p IIIIIII not a given full power ��`'��II��' ri I a �me of and on behalf, p � acknowledge. and dehvc�nd�ll b6tsds iII (IIIII IIIIIII l IIIII III III li IIII'w e i ces o a agreements or ift i l �he p t� • al or obligatory u r t i ud iM all ' consents forme M Met;52WN 1I 11I,. I l 1� 111I III�� ql� �lllllllllll - W—M e ta�3 l_ nFstimates on engine l IIII II o i i b(i ntiaeis, and any and ifti ndMng or terminatinge m� ny t it Tiereunder, and any such instruments so exec bI101 such b ttomey-in-Fact shall be binding tip t ompany as if signed by the President and eale and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and:scal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to anyy,hondDr mdertallcx� to which it is attached — — lI'IIdIIIIIIII�IIpIIIi� 91!;Il IIIII III II III I � IIIII IIII _ �i=�✓LiL�IREOF, The C�►— cat instrument tq' e date seals to lefd of=0cto�er,201L — — 'I � III "IIIIIIIIIIIIIIIIIIL'd IIIIIP '111111. — rd y = — II!ij!IIIIII IIiu — — AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY. INSURANCE COMPANY C orateal as 11gIIIIIIIII III IIII iliii iill�lul T I'u'1 _ - i� �e' Iililill!!ILI III IIII u11 L By: Danteuikar, Vice President State of California County of Los Weles SS: _ __ ,IIII I I I lllllllll i t I (IIIIIII -ra _ — Dell IIIII I �� IIIIIII lli� �IIIV i xlay�f (6ctober, 2011, b.Ior a notary pub,( I11p Is 1 Ia�'ap il, amel P. Aguil—ewer ffiff Y — — = ty P r�lP IIII �Q 4 VIIiIII� IIIIIII — — r-rreap—M-06 tt•acti Indemnity sire Com an• P P = hrt ,¢ tl ,, ns ''lance Coma tt—_ t 1111111111111 11 111 I11111111II II - - — on the basis of satisfactory evidence o be tt ie person whose name is subscribed to the within instrument and acknow�gR me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ti r—r_ ALTY OF PE iI 11l °;� ° 'll!Illlll llllllul l I I; I f the State of r ing paragraph J;M MEW r ct rend official s; - -I Iii6VIIIIo.l alit _ — = I1111111— Signature - (Seal) — — a cola�.'� tea�Matta.;t0i5 I �annr e, sistant Secretary of AmWea�ntr rs Indemnity Compan n t Id tat 's urety Company and U�. Suety= ura tBe C i�aziy� do hereby c — _l b _foregoing is a �i�Ilal6l Iliollllllict Ill n 1111 a Power of Ate, e ec — ,tl del 111° IIII ! II Ill '4 II IIII 1 Illdl III MV _ C n rK h is still in � t _ ore, the res u �b o '' " �IIIIIm1li ulu luu s 1IIIDirectors, se�►� v� -- — — °d11i1111h1!IllItlIIIII IIIIIIIih � — — tttrney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 23rd day of Antis; 201 = — — IIII II IIIIIII IIII (IIIII 1 IIII __ _ III! ram= — I, IIIII _ — 1I AL' Bond No.10.00802139 Kim Jeannie Lee, ssistant Secretary Agency Nc —_ = — II IIIIIILI) IIIII III IIIIIillllll ll!!I�i1 = —_ - - II IIIII!!ulll l Ill State of California County of Orange On _August 23, 2012_ before me, Suzan M. Martinez, Notary Public NAME personally appeared J. W. Johnson_ NAME OF SIGNER SUZAN M. MARTINEZ Commission # 1970964 a «a Notary Public - Calffornia z z Orange County My Comm. Expires Mar 29, 2016 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. 0 ` (SIGNATURE OF O ARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. j CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) El PARTNER(S) U LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/ OTHER VATOR SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE RECEIVED BY: (Name) (Date) m tee, CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No MSC No. Approved 61v (Co pncil A proval Date) Agenda Item No. City Clerk Vault No .T &�O0 c ,`Cn #27 g:/followup/bondlefter.doc Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor. also certifies that it has not maintained any segregated facilities. at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California: (Type Contractor Name) By: Name: [Type Name] nn' Title: [Type Title] E , IF R A ORNEX JL� 3 C� 245911 1 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach (" City') on Contract No. (the "Contract') for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. S. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE") - I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 20_ (Signature of Declarant) APPROVED AS TO FORM By: W a a\L = - r% l -7/a -13 3 • Z°' 0(-f Name: [Type Name] Title: [Type Title] 2459141 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: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. .I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. .� '• . V •. -TiY r:�3.2 "6 - 0_�v 247542.1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk September 6, 2012 GM Sager Construction Company, Inc. 1380 S. East End Pomona, CA 91766 Re: FY 2011-2012 ADA Curb Ramp Project — CC-1434 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, an L. Fly City Clerk JF:pe 0�_d$.1W40 nn, CIVIC Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) �taitu�Dnibq��J�nd Waitakere, New Zealand Interdepartmental Memo TO: Honorable Mayor Hansen and City Council Members FROM: Travis K. Hopkins, PE, Director of Publi orks DATE: August 20, 2012 SUBJECT: Supplemental Communication City Council Agenda August 20, 2012 — Agenda Item 7 — Approve plans and specifications, award and authorize execution of a Construction Contract in the amount of $41,000 to GIVI Sager Construction for the FY 2011/12 ADA Curb Ramp Project, CC-1434 After further consideration of the bid documents, staff is recommending including the Additive Bid options Number 1 and Number 2. This will provide an additional 12 ADA ramps in locations that have been requested by residents. Funding for the additional ramps is provided by CDBG Funds. Amend Recommended Action to include additive bid items 1 and 2, and, A) Accept the lowest responsive and responsible bid submitted by GM Sager Construction in the amount of $63,000 for CC-1434, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Funds in the amount of $75,000 are budgeted in Community Development Block Grant Funds, ADA Ramps and Curb Cuts, Account No. 96282005.82200. Additive bid item 1 includes ten (10) ADA Ramps in RD 263 and additive bid item 2 includes two (2) ADA Curb Ramps in RD 463. TKH/DB:jg SUPPLEMENTAL COMMUNICATION Meeft ®ate: LdQJ1.... Agenda Bern No.� -1- Council/Agency Meeting Held: Deferred/Continued to: 21 Approved ❑ dit all A rov ❑Denied S Cit erk' Signa e Council Meeting Date: August 20, 2012 Department ID Number: PW 12-046 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works; and Bob Hall, Deputy City Manager/Director of Economic Development SUBJECT: Approve plans and specifications, award and authorize execution of a Construction Contract in the amount of $41,400 to GM Sager Construction for the FY 2011/12 ADA Curb Ramp Project, CC-1434 Statement of Issue: Bids for CC-1434 FY 2011/12 ADA Curb Ramps were received and publicly opened on July 26, 2012. Staff is requesting authorization to award a contract in the amount of $41,400 to GM Sager Construction, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $75,000 are budgeted in Community Development Block Grant Funds, ADA Ramps and Curbs Cuts, Account No. 96282005.82200. The engineer's estimate for this project is $65,000. Recommended Action: Motion to: A) Accept the lowest responsive and responsible bid submitted by GM Sager Construction in the amount of $41,400 for CC-1434; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Do not authorize award of this contract and direct staff to proceed differently. Alternative actions may result in the loss of funding for this project. HB -63- Item 7. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/20/2012 DEPARTMENT ID NUMBER: PW 12-046 Analysis: In 2011, the Public Works Department was awarded funding under the Community Development Block Grant program for the construction of curb access ramps at various intersections throughout the city. The proposed ramps provide an ADA-compliant, accessible transition from sidewalk to street where no such ramps exist. The funding is sufficient to construct 35 ramps. Locations are based on requests from the public. Bids were opened publicly on July 26, 2012. Ten bids were received and are listed in ascending order. 1 e .. M Sa er Construction $41,400 2 Engineering $43,884 3T rFrontline & T $48,300 3S Construction $48,300 5 S. Parker Engineering $50,600 6 Nobest $55,200 7 Mode Engineering $59,800 8 Elite Companies $65,550 9 JDC, Inc. $75,900 10 Ted Enterprises $80,500 Staff has verified positive references for GM Sager Construction. Staff recommends that City Council accept the bid from GM Sager Construction, the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission reviewed and recommended approval of this project on February 15, 2012 by a vote of 5-0-2 (McGovern, Spencer absent). Environmental Status: This project is categorically exempt under CEQA Article 19, Section 15301(c). Strategic Plan Goal: Improve the City's infrastructure. Attachment(s): Item 7. - 2 HB -64- ATTACHMENT #1 Hs -65- Item 7. - 3 CDBG 11 /12 CURB RAMP VICINITY MAP Item 7. - 4 fl B -66- 14B -67- Item 7. - 5 to, Brush Dr — Bryant Dr. I Item 7. - 6 HB -68- HB -69- Item 7. - 7 STATE r— 1A, ' — O �1 , A ORANGECOUNTY OF I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a SEtTIONA newspaper of general circulation on NOMEINVITINGSEALED, BIDS September 29, 1961, case A6214, and for the, construction of June 11, 1963, case A24831, for the FY RAMP PRO ECTURB City of Huntington Beach, County of CC inntthhe 4 e ' Orange, and the State of California. CITY OFBEAUHINGTON Attached to this Affidavit is a true and PUBLIC NOTICE IS HEREBY GIVEN that the complete copy as was printed and CITY OF HUNTINGTON BEACH, as AGENCY, in- published on the following date(s): vites sealed bids for' the above stated projects and will receive such bids in the office of the Thursday, June 28, 2012 Thursday, July 5, 2012 Thursday, July 12, 2012 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on August 9, 2012 at Los Angeles, California Signature City Clerk, Second Floor, 2000 Main Street, Hun- tington Beach, California 92648, up to the hour of 10:00 A.M. on July 26, 2012. Bids will be pub- licly opened in the Coun- cil Chambers unless oth- erwise posted. Copies of the Plans, Specifications, and con- tract 'documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefun- dable fee if sent by UPS ground delivery (bidder ,shall pay additional costs for special deliv- ery). This is a Davis -Bacon project and the`Federal Regulations will be en- forced. Any contract en- tered into pursuant to this notice will incor- porate the provisions of the Federal Labor Stan- dards, which are on file at the office of the Di- rector of Public Works,' 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Contract for shall be beneficial owner of the surety and shall receive any inter- estthereon. The AGENCY hereby of-. .firmatively ensures that minoritybusiness enter- prises will be afforded full opportunity to sub- mit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions. to - Bidders. as determined by the AGENCY. The bid must be accompanied by a certified check, 'cashier's check, or bidder's bond made 'payable to the AGENCY for.an amount no less than 10% of the amount bid. The suc- cessful bidder shall, be licensed in 'accordance with provisions of the Business and Profes- sions Code and shall possess ' a State Con- tractor's License Class A at the time of the bid opening. The successful Contractor and his sub- contractors .will be re quired to possess busi- ness licenses from the AGENCY. Project Description: The project consists pri- marily of existing curb and sidewalk and in- stalling curb access ramps, including but not limited to protection or replacement of existing improvements on adja- cent private property necessary to achieve ADA compliance. e The contract shall al- low the Contractor 30 working days to com- plete the contract. e 'The engineer's esti- mate of probable con- struction cost for the work included in the ba- sis of award is $65,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON -BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: - Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent6/28/12 PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or 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, June 23, 2011 Thursday, June 30, 2011 Thursday, July 7, 2011 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on July 14, 2011 at Los Angeles, California SECTION A NOTICE INVITING SEALED. . BIDS' for the construction of FY 11/12 ADA CURB RAMP PROJECT CC No- 1434 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated, projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Hun- tington Beach, California 92648, up to the hour of 10:00 A.M. on July 26, 2012. Bids will be pub- licly opened in the Coun- cil Chambers unless oth- erwise posted. Copies of the Plans, Specifications, and con- tract documents are available.from the Office of the Director of Public Works, 2000 - Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefun- dable fee if sent by UPS ground delivery (bidder shall pay additional costs for special deliv- ery). This is a Davis -Bacon project and the Federal Regulations will be en- forced. Any contract en- tered into pursuant to this notice will incor- porate the provisions of the Federal Labor Stan- dards, which are on file at the office of the Di-' rector of Public Works, l00 Main Street, Hun- ngton Beach, CA 648. e AGENCY will deduct 5%. retention from all progress payments. The Contractor may" substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Contrac- tor shall be beneficial owner of the surety and shall receive any inter- estthereon: The AGENCY hereby af- firmatively ensures that minority" business enter- prises will be afforded full opportunity to sub- mit bids in response to this notice and will not be discriminated against on the basis of race, color; national origin, ancestry, sex, or religion in any consideration leading to -the award of contract. No bid shall be consid- ered unless it is pre- pared, on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a ! certified check, cashier's check, or bidder's bond made payable to. the AGENCY for an amount' �no less than 10% of the amount bid. The -suc- I cessful bidder shall be ilicensed in accordance with provision; of the I Business and Profes- sions Code and shall possess- a State Con- tractor's License Class A at the time of the bid opening. The successful Contractor and his sub- contractors will be- re- quired to possess. busi- ness licenses from the AGENCY. Project ' Description The project consists pri marily of, existing curt and sidewalk 'and in stalling curb, a.cces: ramps, including but no limited to protection o replacement of existin, improvements on adja cent private propert `necessary to achlev ADA compliance. • The contract shall a' ow the Contractor 9 Norking days to con Aete the contract. • The engineer's est mate' of probable col struction cost for tf work included in the b� sis of award is $65,000 The 'AGENCY . reserve the' right to reject at or all bids, to waive ai irregularity and to tal all bids under advis ment for a maximu period of 60 days. ' BY ORDER of the Cl' COUNCIL of the CITY I HUNTINGTON BEAC CALIFORNIA, the 6th d of September 2011, Resolution No: 2011-& Attest: I r e 's y ly ;e in 'Y )F H, ay by Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent6/28/12 CITY OF IILT1NTINGTON BEACH BIDS SUBMITTED (AS READ AT OPENING iVo.. ............. BIdDER.S.Np►1WE::::: ::.. RANK:::::: P T®` uN r` AP �R1EN....1l3....�4M9IO 1 Affordable Services, La Habra s 2 B&T Works=, Wildomar r 3 Carvajal Trucking & Tractor ; -_Diamond Bar 4 CT&T, Diamond Bar 5 Elite Companies, HB: 6 Excel Paving, Long Beach -_ 7 GM Sager Construction, Pomona f , 8 JRDMMAC,-Victorville= 9 Nobest, Westminster 10 O'Connell Construction, San Dimas 11 RAKAN, Tustin= 12 Ted Enterprises, San Clemente 14 15 16 17 18 19 - 20 21 22 Bid Opening Worksheet.xls 7�ib//t - /0:00 47V &,4 LO C-4 Q i�n III 67 C-D MM. e O CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Patty Esparza To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 25, 2012 Project/C.C. No.: C.C. No. 1434 Regarding: FY 11-12 ADA Curb Ramp proiect ❑ We are sending you: ❑ By Mail ® By E-Mail(Number of pages including this sheet:)_2 ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies Pages I Description 1 1 1 Notice Wking Sealed Bids for CC-1434 FY 11-12 ADA Curb Ramps These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed ids fora �ertisement on 6/28/12, 7/5/12, and 7/12/12. The bid opening is scheduled for 7, (6 ] at 10:00 a.m. Please contact me at 374-5321 if you have any questions. By: c: file Debra Jubinsky, Senior Administrative Analyst GAMAINTENANCE & GENERAL SERVICES\MAINTENANCE OPERATIONS\CC I434\NISB TRANsmrrAL To CLERK CC-I434.Doc SECTION A NOTICE INVITING SEALED BIDS for the construction of FY 11/12 ADA CURB RAMP PROJECT CC No. 1434 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 A.M. on July 26, 2012. Bids will be publicly opened 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 $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. 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. Project Description: The project consists primarily of existing curb and sidewalk and installing curb access ramps, including but not limited to protection or replacement of existing improvements on adjacent private property necessary to achieve ADA compliance. ® The contract shall allow the Contractor 30 working days to complete the contract. ® The engineer's estimate of probable construction cost for the work included in the basis of award is $65,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Ad Copy: SECRON A NOTICE MVMNG SEALED BIDS for the construction of FY 11/12 ADA CURB RAMP PROJECT CC No. 1434 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 10:00 A.M. an July 26, 2012. Bids will be publicly opened 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 $15.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefund- able fee if sent by UPS ground delivery (bidder shall pay additional costs for special deliv- ery). This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incor- porate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The --- ad proof pg, i --- Printed by: 0602 Patricia Gamirto Salesperson: Phone: Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Con- tractor shall be benefi- cial 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 re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Profes- sions Code and shall possess a State Con- tractor'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. Project Description -The project consists pri- marily of existing curb and sidewalk and in- stalling curb access ramps, including but not limited to protection or replacement of existing improvements on adja- cent private property necessary to achieve ADA compliance. • The contract shall allow the Contractor 30 working days to com- plete the contract. • The engineer's esti- mate of probable con- struction cost for the work included in the basis of award is $65,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA. the 6th day of September 2011, by P, t`A Jun 25; 2012, 201 pm Ad # 35072539 ad proof pg. Z...--- Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent 6/28/12 — aoproof pg. o - CITY OF HUNTINGTON BEACH CI1RB RAMP PROJECT A C.C.NO. 1434 PIP OPEI�TING DATE: JULY.26, 2012 = r' fg ,- -TIME �10 00 AM _. ENGINEER'=S ES'TIMATE•.�0..'. BIDS SUBMITTED (AS READ AT OPENIlTG), liI. :::: _ . " BIaDER:... ..E: RAN .. App RIENT SID AN! T s .. A 1 Affordable Services, La Habra 2 B&T Works, Wildorriar 3 Carvajal Trucking & Tractor, Diamond Bar_ 4 i:7 T Diamond Bar 5 Elite Companies, HB' _ 6 Excel Paving, Long Beach #� 7 GM Sager,Constru-tion, 8 JRDMMAC, Uictorville 9 Nobest, Westminster _�j^ © �: 10 O'Connell Construction, San.Dimas _. : 11 RAKAN.�Tustin - 12 Ted Enterprises, San -Clemente. © « 1315 16 l/ 17 18 19 20 21_ y 2 2 = Y° a-. f LlCCA-5e 756-z-7 77 71 z 9 Bid Opening Worksheet.xis UNSUCCESSFUL BIDS CC-1434 ADA Curb Ramp Project 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 September 19, 2012 CT&T, Inc. 324 S. Diamond Bar Blvd. Diamond Bar, CA 91765 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original Cashier's Check in the amount of $4830 in lieu of a bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN'TINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment. and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. N Accompanying this proposal of bid, find �^ �� �� in the amount of 0, ° v01 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: Krlr"77 111 Date Received C-Z City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http:/twww.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, ated Jul 1201 . C. Compa Name By i Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item No. Estimated Quantity Iterdl yr tb� unit pri" .:. written;ia words 1 23 Construct ADA Access Ramp per Ramp Detail and EA' Caltrans Standard Plan ASSA (Appendix B� All work S required to construct ADA Compliant Ramp shall be included in this item. �� Dollars j—j 14 "Id ra tl t9 A d Cents Per EA. tr TOTAL AMOUNT OF BASE BID IN FIGURES $ y 300d2o TOTAL AMOUNT OF BASE BID IN WORDS tl r ri .l d T/1i�osa+�d &Z 4fx-did �� ex^& %vim= The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 item No. Estimated item witit.eilmit Fes;: written utt �rwo, Ueeit'Price Amount . 1 10 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan ASSA (Appendix B). All work !) j /) $—s��dlSlLs required to construct ADA Compliant Ramp shall be included in this item. ®�ld© %��Ousp./d Dollars OA.ar c A4_ a Cents Per EA. Additive Bid No. 2 RD 463 Itel91 No. lEstimated Quantity_ item with a g11 unit VA 1 2 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan ASSA (Appendix B). All work s ��//��//�� S required to construct ADA Compliant Ramp shall be '` included in this item. ® r J av-; Dollars f% ,T/ Per EA. C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract n ® nX-11 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 O O O AFFIDAVIT EXECUTEDTO BE BY BIDDERAND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on q:-2, atbi"Imd br , Date City State 0-P-e -CtrVXJ AL , being first dul sworn, deposes anO says that he or she is of pl r+/ the party making the foregoing bid that the bid is not made in the i erest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. n-r Address of Bidder f�i�%id�%2 . —r" t C-5 NVISIVIM,V WN 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 FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-6 ead, n.__T_. 01L &-V�S Fresh Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes -ko If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: a S / C-8 Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address , City, State Zip Telephone Number 9-75LPa-1 0-9 j CIS State Contractor's License No. and Class C) Original Date 2oor q/3o /VO/ Expiration Date M The work site was inspected by of our office on L , 200, The following are persons, firms, and corporations having a principal interest in this proposal: oi^eSf 0,9 Ate" C-9 07/210".2012 16:08 9096298001 CTTINC PAGE 01 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signkv Subscribed and swot to before me thioday NOTARY PUBLIC 2 SILVIA F. GUILAR b7 COMM. #1808273 n •`` ' NOTARY' PUBLIC CALIFORNIA U �p L.OS ANGELES COUNTY `%W My Comm. `-mPres Aug. 30, 2012 NOTARY SEAL Listed below are the names, address and telephone numbers for three ,public agencies for which the bidder has performed similar work within the past two years: 2. 0 Nam&dnd`Address of?ublic Agency v ' - Name and Telephone No. of Project Manager: Contract Amount Type of or runac Agency Date Completed qP�0�.. Name and Telephone No, of Projecti Manager ��t11 � (J�J ti ! ��� "' 5-3 �lk T A 90P . ev� Contract Amount Type of Work mm Date Completed Alt / . Name ss of Public A enc g y (v Name and Telephone No. of Contract Amount :ct 1V� ger: Type of Work C-10 L113,0111 Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): J Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person Contact Phone; Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disctualifacation. C-11 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 September 19, 2012 Elite Companies US, Inc. 6041 Bolsa Ave., Ste. #456 Huntington Beach, CA 92647 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Coo( ell� I*c I�H M T 1 �(7-* r j 20 12 JIT 6 A 9: [� 3 l � it -12 � ��;�- C!rr i,r-7 #qA)Fl/�Jh rrlU 9:F,4c �/ SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or - - -lump-sum-prices- set forth -in -the following -Bid-Schedule.- -BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if II Addenda No. I Date Received I i/ Bidder's Signature II 2 C-2 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item Estlmated helm wath asn>tt price Un1f Pnce Extended No Quanti wriltten xn:words: A>mgnnt 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work $ 2 50 _ W $ V7. 5 . v required to construct ADA Compliant Ramp shall be included in this item. @ P 1U I T — TOTAL AMOUNT OF BASE BID IN FIGURES $ (tom, 5 0�. 'Z- TOTAL AMOUNT OF BASE BID IN WORDS Slxfil - ►v{-rkCouSAt30 FiVF BUODOED'FIF'N. DOL Ai2S- The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 Item No. Estimated Quantit y - - -Item with- unit price written in words Unit Price ---Etended Amount 1 10 Construct ADA Access Ramp per Ramp Detail and EA Caltrans Standard Plan A88A (Appendix B). All work $ 11 $ .2 50b�400 =-- required to construct ADA Compliant Ramp shall be included in this item. @ %nlO TFlot)SAsJO FaMWr l➢ 1�r�iJ �,c� ArtD FiFN _ 0-5 Per EA. Additive Bid No. 2 RD 463 Item lEshmateil , Item with unit puce Unit>P�1ce Extended No uantiyvritten �u;w�rsis Aitnourit'. 1 2 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work $ 20 $ S -7CD 0� required to construct ADA Compliant Ramp shall be included in this item. @ Tv4o SA01) 60 NT PAW APAQ Par F.A C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on7j 3 , at e fi-m�j F3E�;ctl > LA Da e City State log ► x�, rt�cz— , being first duly sworn, deposes and says that he or she is CCc> of 'GL coMtOANl�F.& UE4C- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. LZ /R�, M Q,AQ-05 u5 Name of Bidder Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: lbj / Z ,o&7T �WeAQ� V9 i2� Contractor woe By ev Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? D Yes Q No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 2 Contractor [4 kfa� By lFU Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: it-117Z-- COMeALES 12 , QJ C Bidder Name 19321 L ' Al-� Business Address Nfif��rro �I >� 6+ Cf City, State Zip (714 ) 11( -Wgw Telephone Number 't3'3V 7 -A State Contractor's License No. and Class 4:N Ib Original Date Issued _ 101311►5 Expiration Date The work site was inspected by I� boN ?/ of our office on TuLY /!5' , 201 The following are persons, firms, and corporations having a principal interest in this proposal: I)r- EAA J Z C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Dame Signature of Bidder I-OT— cZ Printed or Typed Signature Subscribed and sworn to before me this Q6�day of 201 Z-- 5�. cVVrTE E GiORMN o COMM. #1943282� _ Notary Public - California Z B Riverside County ` Comm. Ex ices A . 4, 2015 NOTARY PUBLIC / �,a) 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: CAMW NiLLS �QAO PENA6 P9DRCN - ClTI or- &+,00 Hiws 14oM Crtl Cb-�,r,.� � ►� Name and Address of Public Agency MOO CA 9 (loq Name and Telephone No. of Project Manager: 4),W. pay qOR - 3�ptl •-2(cCP Contract Amount Nlb a PAVE Type of Work Completed 2. (sir! or- SrAr�ro,� Pu x ic. V OaKp -- ON Op SNAr-Tca 18 ao 11AqUA A�t` r Name and Address of Public Agency S"AOrOm , CA %(060 Name and Telephone No. of Project Manager: Qu°AtAu L.C_ ''y - NO - N23L . IK ZI Contract Amount Type of Work Date 3 Ctl-,,I OF Cana S1 STD q k- p!600 fn. � 237 3 Name and Address of Public Agency P] Name and Telephone No. of Project Manager: 6ASSAM ALdAMMAp q0q --S2g lq(5e Ji Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): ✓ Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: T� �Dti1 Q�N� U5 �T 1 C Contact Person. - Contact Phone: IN -71 _611l Signed: Date: � 23� 1 Z *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD) - Previous non-comipliance with Section 3 could result in disgualilgcation. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at httc:/iwww.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. Company Name 7 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. CNA 7/24/2012 4:21:29 PM PAGE 4/005 Fax Server BID BOND (Percentage) — Bond Number: 71334621 KNOW ALL PERSONS BY THESE PRESENTS, That we Elite Companies US, Inc. of 6041 Bolsa Ave., Ste. 4456, Huntinctor_ 3each, CA 92647 referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Huntington Beach of 2000 Main Sireet, Huntington Beach, CA 92640 hereinafter referred to as the Obligee, in the sum of TP-) , hereinafter ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Re-nove & Replace Access Ramps NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 26th day of Ju-v 1 2012 Form F5676 Elite Companies US, Inc. (Principal) By (Seal) We.starn Surety Company (Surety) r �ORPORATf = By (Seal) SEAL SARAH MARTF MA.RTNFT.T,T Attorney -in -Fact CNA 7/24/2012 4:21:29 PM PAGE 1/005 Fax Server 1-800-331-6053 ,_ w � �•�•1 --•• •. Fax 1-605-335-0357 www.cnasurely.com PC Rmfi 7 Simtt Fall; sn s7117-s077 uwservices@cnasurely.com DATE: July 24, 2012 AGENT CODE: 04-21124 ATTENTION: Sarah Number of Pages: 5 RE; Dond 7130468_ -Elite Companies US, Inc. Remove § Replace Access Ramps 10% Contract Amount: $65, C00. 00 Company Code: 601 - Western Surety Company Thank you for placing this business with CNA Surety. Please execute the requested bond(s) by using the documents sent with this faxlemail. Sign the bond(s) and attach a gold colored seal from your Western Surety Company kit to each bond issued. We ask that you assign the above bond number. If the obligee has their own bond form that we have reviewed; you will only receive a Power of Attorney and an Acknowledgment of Surety, unless you request otherwise. Please send us a copy of the completed bond(s) for our file. ***The premium on a bid bond is fully earned. ****Please advise us of the bid results as soon as they are available, Please complete and fax/email us the following: Contract Price: Contract Date: Next two lowest bidders: Was the principal the low bidder? ❑ Yes ❑ No Do you need approval for the Performance and Payment bond at this time? ❑ Yes ❑ No Premium: $ 0. 0 0 Commission Percentage 30. 0 Effective: July 26, 2012 Please check your supply of gold seals periodically to ensure you have an adequate amount. To reorder gold seals, simply visit enasurety.com and click on the "Order Supplies Here" icon under the Broker/Agent Services section. **IMPORTANT NOTICE AND REMINDER: Approval of the requested Bid Bond is NOT an approval of any final or other bonds that may be requested by this principal. Further, the Bid Bond approval is limited to the contract amount approved by the underwriter, If the anticipated bid exceeds this amount, you must contact the underwriter at 800-331-6053 to inquire about specific approval before filing the bid. Failure to receive approval could result in declination of any subsequent performance and payment bond(s) requested. Furthermore, we reserve the right to decline any bond for any reason per the terms of the General Indemnity Agreement, and shall not be liable to the principal or any person or entity for such declination. Business Services CNA 7/24/2012 4:21:29 PM PAGE 3/005 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71304681 Know All Man By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make; constitute and appoint SAR.AH MAR.IE MARINELLI its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Elite Companies US, Ir_c. Obligee: Cite of Huntington Beach Amount $500, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the 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 he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 26 2 01 2. , but until such time shall be irrevocable and in full force and effect. In Witness Whereof Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its couTpt deal to be affixed this 2 6th day of July 2012 ,Qr- .......... =,Wems= WEST R/ SURE COMPANY Paul T. BruflatfSenior Vice President STD`--QVTJ,'TA 11 COUNT�?�AHA I ss On this 2 6th day of July , iu Lhe year 2012 , before me, a uuLary public, persunally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. i 4444ti1iYewbhktivv�Me�o4�. i . + D. KRELL i + NOTARY PUBLIC f Notary Public -South Dakota i et SOUTH DAKOTA S� j +4e..`v........ 404titititi4tir My Commission Expires November 30 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in fnrce. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 26th day of July 2012 WEST R// SSUUR`E COMPANY G-Z /. Paul T. BruflatAenior Vice President Form F630642006 CNA 7/24/2012 4:21:29 PM PAGE 5/005 Fax Server ❑ Acknowledgment of Principal ❑X Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF SACRAMENTO t ss ff ��jj j ffjj ,� On V L"c' �-1i r�C f before me, r i �� V date (-/ er assert name and tip' of the officer personally appeared SARAN MARIE McARINELLI name(s) of sigrer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the withal instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ! M. HIGBY ITNES my h andTocial seal. Sacramento County Sign ture / i� (Seal) S 26 2013 (The balance of this page is intentionally left blank.) I� Western Surety Company Form 1900.1-2008 Notary Public -California a Commission # 18662�9 M Comm. Ex Tres e City ®f Huntington Beach 2O00 Main Street 0 Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov ®Vice of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 Frontline Engineering Corp. 200 S. Yorkshire Cir. Anaheim, CA 92808 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan 4 Waitakere, New Zealand A-�JA �A r- IVA ry �i/�z_ �vvA ���i� ��v�� �'�-eJ�Li� (-�44 - --------- 20MA)M -3-Wt-E=-T- /2�D F LX730- �-Vu SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No. 1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or --- -- - lump -sum -prices set- forth- in -the -following -Bid -Schedule. BIDDER understands that -failure-to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 70 in the amount of $-3 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 23 fZ C-2 .1"A PROJECT DID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item Estimated Item *]th as ' t price . iTni Pace E tended luo. Quanti .., 0116 al in weds A+aunt 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendirl3). All work S S required to construct ADA Compliant Ramp shall be C' included in this item. t1'>t C1 � VIAL @ f t1NG 1, T Dollars Cents Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES TOTAL AMOUNT OF BASE BID IN WORDS PG'kW --Wai The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 Item No..written=in -Estimated . Quantity-__ Item with -unit price words Unit Price Extended . Amount 1 10 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix All work required to construct ADA Compliant Ramp shall be S_1y S_-� included in this item. N 'J @Dollars Cents Per EA. Additive Bid No. 2 RD 463 Item lYo. lEshmated uanti`. Item with lunat price „written ill'�volrtis UnitPrice Extended".: ` A i�loulaf 1 2 EA. Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix m). All work required to construct ADA Compliant Ramp shall be included in this item. �I VDollars,/ @ !I/18l Cents Per EA. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract /WN' By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of Califon •a that the foregoing is true and correct and that this declaration is executed on , at Date City State I'd2Li' , being first duly sworn, deposes and says that he or she is of Frt7n" 'o VYlllln riv P • the party making the foregoing bid that the bid is not made in the interest of, orJ4 the b half of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. "0Cn�te a��e 7 Name of Bidder e - �� Signature of Bidder PA • 1 I , ri Un 9dU Address Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. /f • J By PaES-1-0�1 Title Date: DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 2 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ..I Contractor JO By ?fit Title C-8 j N1 211190 i BIDDER certifies that the following information is true and correct: Address f fs n :4 City, State Zip =t�•rts4st�;= �s3:�:�+i ysalA Telephone Number U it State Contractor's License No. and Class 0OZ2-11 7-0 Original Date Issued Date The work site was inspected by of our office on 201 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. of Bidder Printed or Typed Signature Subscribed and sworn to before me this 26 day of 5201 7ftrnardino * 1927407 - California Son County s Mar 25, 201 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. U Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): C/ Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: I' w . ,,oae__ N Contact Person: ` t? r d 0 7- AL _ Contact Phone: Pq Signed: (_ Date: 71ql-2-f *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. uwJpE 610�2,�t�Z_ ompany Name By -7/Z 7 ` Dat All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate),. HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in ,the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act) dail and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number y 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section 1(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually Provisions of the trainee program. if the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to Program associated with the corresponding journeyman wage rate on the wage determination which provides for journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability -for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) 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 by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seg. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 General Decision Number: CA120035 07/13/2012 CA35 Superseded General Decision Number: CA20100035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 ASBE0005-002 06/28/2010 Publication Date O1/06/2012 03/02/2012 03/30/2012 04/20/2012 04/27/2012 05/04/2012 05/18/2012 06/08/2012 07/13/2012 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 32.79 16.31 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 24.21 13.76 ASBE000S-004 06/28/2010 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 18.70 8.65 * BRCA0004-010 05/01/2012 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 35.26 12.26 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- * BRCA0018-004 06/01/2012 Rates Fringes MARBLE FINISHER ..................$ 27.04 10.66 TILE FINISHER ....................$ 22.37 9.19 TILE LAYER .......................$ 33.55 13.55 ---------------------------------------------------------------- http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] BRCA0018-010 09/01/2009 Rates Fringes TERRAZZO FINISHER ................$ 26.59 9.62 TERRAZZO WORKER/SETTER ........... $ 33.63 10.46 ---------------------------------------------------------------- CARP0409-001 07/O1/2010 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer, and solar panels.$ 37.35 11.08 (2) Millwright ..............$ 37.85 11.08 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 10.58 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 37.48 11.08 (4) Pneumatic Nailer, Power Stapler ...............$ 37.60 11.08 (5) Sawfiler...............$ 37.44 11.08 (6) Scaffold Builder ....... $ 28.55 11.08 (7) Table Power Saw Operator ....................$ 37.45 11.08 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. CARP0409-005 07/01/2010 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 37.35 11.08 STOCKER/SCRAPPER............ $ 10.00 6.67 ---------------------- --- CARP0409-008 08/O1/2010 Rates Fringes Modular Furniture installer ...... $ 17.00 7.41 ---------------------------------------------------------------- ELEC0011-002 05/28/2012 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 27.25 11.75 Technician ..................$ 29.05 11.75 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441-001 11/28/2011 Rates Fringes CABLE SPLICER ....................$ 41.99 13.80 ELECTRICIAN ......................$ 40.14 13.75 ---------------------------------------------------------------- * ELEC0441-003 08/01/2011 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 28.32 10.25 Technician ..................$ 30.12 10.30 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. Installation and termination of devices, panels, startup, testing and programmming performed by the Technician. 2. Fire Alarms -Open Wire Systems: installed by the Technician. http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] ---------------------------------------------------------------- ELEC0441-004 11/28/2011 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer.. ...................$ 40.74 13.77 Electrician .................$ 40.14 13.75 Technician ..................$ 30.11 13.75 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunica-0ion systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. ELEC1245-001 06/01/2011 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 47.87 13.87 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 38.23 12.80 (3) Groundman...............$ 29.25 12.53 (4) Powderman...............$ 42.75 12.97 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2012 Rates Fringes ELEVATOR MECHANIC ................$ 47.73 23.535 FOOTNOTE: PAID VACATION: Employer contributes 80 of regular hourly rate as vacation pay credit for employees with more than http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. . ---------------------------------------------------------------- * ENG10012-003 07/01/2012 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 37.40 20.00 GROUP 2....................$ 38.18 20.00 GROUP 3....................$ 38.47 20.00 GROUP 4....................$ 39.96 20.00 GROUP 5....................$ 41.06 20.00 GROUP 6....................$ 40.18 20.00 GROUP 8....................$ 41.39 20.00 GROUP 9....................$ 40.41 20.00 GROUP 10....................$ 40.41 20.00 GROUP 11....................$ 40.58 20.00 GROUP 12....................$ 40.58 20.00 GROUP 13....................$ 40.68 20.00 GROUP 14....................$ 40.71 20.00 GROUP 15....................$ 40.79 20.00 GROUP 16....................$ 40.91 20.00 GROUP 17....................$ 41.08 20.00 GROUP 18....................$ 41.18 20.00 GROUP 19....................$ 41.29 20.00 GROUP 20....................$ 41.41 20.00 GROUP 21....................$ 41.58 20.00 GROUP 22....................$ 41.68 20.00 GROUP 23....................$ 41.79 20.00 GROUP 24....................$ 41.91 20.00 GROUP 25....................$ 42.08 20.00 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 38.75 20.00 GROUP 2....................$ 39.53 20.00 GROUP 3....................$ 39.82 20.00 GROUP 4....................$ 39.96 20.00 GROUP 5....................$ 40.18 20.00 GROUP 6....................$ 40.29 20.00 GROUP 7....................$ 40.41 20.00 GROUP 8....................$ 40.58 20.00 GROUP 9....................$ 40.75 20.00 GROUP 10....................$ 41.75 20.00 GROUP 11....................$ 42.75 20.00 GROUP 12....................$ 43.75 20.00 GROUP 13....................$ 44.75 20.00 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 39.25 20.00 GROUP 2....................$ 40.03 20.00 GROUP 3....................$ 40.32 20.00 GROUP 4....................$ 40.46 20.00 GROUP 5....................$ 40.68 20.00 GROUP 6....................$ 40.79 20.00 GROUP 7....................$ 40.91 20.00 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERA70RS CLASSIFICATIONS GROUP l: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator http://www.wdol.gov/wdol/scaftles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up tc and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 http://www.wdol.gov/wdol/scaftles/davisbacon/CA35.dvb?v=7L7/13/2012 9:58:01 AM] yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); http://www.wdol.gov/wdol/scafiles/davisbacotVCA35.dvb?v=7[7/13/2012 9:58:01 AM] Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of Tls, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of TBS, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W. Continue W along the Ventura County and Kern County boundary to http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, TLON, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RELIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2009 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 44.83 17.22 (2) Dredge dozer ............ $ 40.36 17.22 (3) Deckmate................$ 40.25 17.22 (4) Winch operator (stern winch on dredge) ............ $ 39.70 17.22 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 39.16 17.22 (6) Barge Mate ..............$ 39.77 17.22 IRON0002-004 07/01/2011 Rates Fringes Ironworkers: Fence Erector ...............$ 26.58 15.76 Ornamental, Reinforcing and Structural ..............$ 33.00 24.40 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, ,San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LABO0300-001 07/O1/2011 Rates Fringes Brick Tender .....................$ 27.17 16.71 ---------------------------------------------------------------- LABO0300-003 07/01/2011 LABORER (GUNITE) GROUP 1.....................$ GROUP 2.....................$ GROUP 3.....................$ LABORER (TUNNEL) GROUP 1.....................$ GROUP 2.....................$ GROUP 3.....................$ GROUP 4.....................$ LABORER GROUP I .....................$ GROUP 2.....................$ GROUP 3.....................$ GROUP 4.....................$ GROUP 5.....................$ Rates Fringes 30.04 14.20 29.09 14.20 25.55 14.20 32.20 15.98 32.52 15.98 32.98 15.98 33.67 15.98 26.33 16.00 26.88 16.00 27.43 16.00 28.98 16.00 29.33 16.00 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelaver's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, includinc'any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and wi hout regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP l: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LABO0300-005 08/05/2009 Rates Fringes LABORER PLASTER CLEAN-UP LABORER .... $ 26.65 15.95 PLASTER TENDER ..............$ 29.20 15.95 ---------------------------------------------------------------- LABO0882-002 01/01/2010 Rates Fringes Asbestos Removal Laborer ......... $ 26.15 11.65 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABO1184-001 07/01/2011 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ (2) Vehicle Operator/Hauler.$ (3) Horizontal Directional Drill Operator ..............$ (4) Electronic Tracking Locator........ ...........$ Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ GROUP 2.....................$ GROUP 3.....................$ GROUP 4.....................$ LABORERS - STRIPING CLASSIFICATIONS 28.01 11.48 28.18 11.48 30.03 11.48 32.03 11.48 28.50 14.56 29.80 14.56 31.81 14.56 33.55 14.56 GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and http://www.wdol.gov/wdol/scaftles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036-001 01/01/2012 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 26.05 10.35 (2) All Other Work .......... $ 29.32 10.35 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. ---------------------------------------------------------------- PAIN0036-008 10/05/2011 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 33.22 13.81 ---------------------------------------------------------------- * PAIN0036-015 06/01/2012 Rates Fringes GLAZIER ..........................$ 38.95 19.83 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 05/01/2012 Rates Fringes SOFT FLOOR LAYER .................$ 30.85 10.54 ---------------------------------------------------------------- PLAS0200-009 08/01/2011 Rates Fringes PLASTERER ........................$ 35.29 12.05 ---------------------------------------------------------------- PLAS0500-002 10/01/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 35.38 14.72 ---------------------------------------------------------------- PLUM0016-001 07/01/2011 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work .......................$ 39.50 19.35 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 38.30 18.37 http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 30.79 16.70 --------------------------------------------------------------- PLUM0345-001 07/01/2011 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 27.35 16.34 Sewer & Storm Drain Work .... $ 26.82 18.18 ---------------------------------------------------------------- ROOF0036-002 08/01/2011 Rates Fringes ROOFER ...........................$ 34.65 10.71 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. -- -- - - - - --- -- SFCA0669-008 04/01/2012 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER .................$ 33.43 19.23 -------- - - -------------------- SFCA0709-003 01/01/2012 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 40.56 23.62 --------------- -- SHEE0105-003 01/01/2012 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work ........................$ 36.21 25.20 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ ---------------------------------------------------------------- 36.21 25.20 TEAM00II-002 07/01/2011 Rates Fringes TRUCK DRIVER GROUP 1....................$ 26.79 20.84 GROUP 2....................$ 26.94 20.84 GROUP 3....................$ 27.07 20.84 GROUP 4....................$ 27.26 20.84 GROUP 5....................$ 27.29 20.84 GROUP 6....................$ 27.32 20.84 http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] GROUP 7 ....................$ 27.57 20.84 GROUP 8 ....................$ 27.82 20.84 GROUP 9 ....................$ 28.02 20.84 GROUP 10 ....................$ 28.32 20.84 GROUP 11 ....................$ 28.82 20.84 GROUP 12 ....................$ 29.25 20.84 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/CA35.dvb?v=7[7/13/2012 9:58:01 AM] T71-N INSCO INSURANCE SERVICES, INC. lnsc%lro Underwriting Manager for: p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, Frontline Engineering Corp. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Ten percent of amount bi Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for FY 11/12 ADA Curb Ramp Project CC:1434 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 20th Frontline Engineering Corp. Principal ID-1198 (Bid Bond) (REV. 1101) day of Jul 2012 YEAR Developers Surety and Indemnity Company Suret By: R�W-& a✓'yl "t !� Laurie B. Druck, Attorney -in -Fact (CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On July 20 2012 before me, Name and Title of personally appeared Laurie B. Druck Names) of Signer(s) PAMELA MCCARTHY COMM. #1885009 9 °'�' i _ " NOTARY PUBLIC - CALIFORNIA cc d SAN BERNARDINO COUNTY My Comm. Expires Apri130, 2014 (e.g. "Jane Doe Not who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title 0 Partner -- 0 Limited 0 General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator Other: Signer is Representing: Number of Pages: City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 FS Construction 14838 Bledsoe St. Sylmar, CA 91342 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand FS Construction 14838 Bledsoe St. Sylmar, CA 91,342 r C�, G r y off 1,;C�Ac- SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6b-)4 in the amount of $ i© ®� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No, Dote Re eived Bidd 's M mature % Z ��7 c-z PROJECT BID SCHEDULE FY I I/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item No ,. Estinnated: Qua;t; 1Etcax< with uinatt: pin' :w4itel eae va'olyds at 1 23 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work qS EA required to construct ADA Compliant Ramp shall be e included in this item. �� RG Dollars 'i'L-e' 14l/ Cents Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES $ 49, 30 co TOTAL AMOUNT OF BASE BID IN WORDS 1 ® V t -e-1 J tf� ' v i"'.J a K The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1. RD 263 Ttm : No: Estimnated uanti )gym w�itd ulaxtriCeut't �Vrittem lm.wvif4# . Ficeattenr#�cl Aiullat 1 lU Construct ADA Access Ramp Ramp Detail and EA Caltraos Standard Plan A88A Appendix B). All work (Appendix et 100 S 2 �yd U required to construct ADA Compliant Ramp shall be S included in this item. L ziD Dollars 4,1t✓ 14tJ`t=AL Cents Per EA. Additive Bid No. 2 RD 463 Itellim No: Estimated; . until ` Iteue 3th ua li nc wlfteiao,l ... :.astut . 1 2 Construct ADA Access Ramp per Ramp Detail and (� EA' Caltraos Standard Plan A88A (Appendix B), All work 8�-- $ (� 0 required to construct ADA Compliant lump shall be -� --- - Included in this Item. 05" WI) Dollars _tW 0 � Cents Per EA. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid dtem(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 VOW, i! r 6 i1 ��' r ! Z declare under penalty of perjury under the laws of the State f California tat the foregoing is true and correct and that this declaration is executed on 7 ►2, at wtrr` , Da e ity State AVI-At ' urn �, being first duly sworn, deposes and says that he or she is of < �3Lf y, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder s sipatuW of Bidder Address of Bidder C-8 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11i12 ADA CURB RAMP PROJECT, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-b Contractor �, By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety P regulation? ElYes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. i am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Date: 7 2-5- 12_ C-8 Contractor A- (—,u ra-13 By Title BIDDER certifies that the following information is true and correct: Bidder Name Business Address CA t7/-3 City j State Zip (SK ) 9,3s-60 � Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date T The work site was inspected by Av of our office on J-(j 2-6 2011 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name �. J Bidder (Ieira� Printed or TypVd Signature Subscribed and sworn to before me this eday of J J U t ` , 20 l2-. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l L `1 -7t r) A�Q Name Address of Public Agency Name and Telephone No. of Project Manager:(Ifi JL Ler nCt G' CJ q -- Z. COCA Contract Amount Type of Work Li4ate eornpieted 2. Nampfind Address of Public Agency 3. Name and Telephone No. of Project Manager: _a'��,�'j��, 8 �1 Contract Amount and Address of Public � PC'& - G Type of Work Name and Telephone No. of Project Manager; Contract Amount C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 14% of all new hires as a result of this project shall meet all requiremnents 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 14% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *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. Gtl City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http.,',Iwww.dir.ca.qov/DLSR,,,-P-W.DlI This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. Company Name By J v Z S- 201 Z. Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. Bond No. N/A BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we Fc (nn�trnnti nn, 14818 Bledsoe St Sylmar CA 91342 as Principal, (hereinafter called the Principal), and RLI Insurance Company, , a corporation duly organized under the laws of Illinois, and authorized to transact a general surety business in the State of California, as Surety, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Ten Percent of the Total Amount of the Bid in Dollars, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: FY 11/12, ADA Curb Ramp project #CCNo 1434 Bid Date: Jules 26, 2012 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to.execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed and dated this 24th day of July, 2012 FS CnNSTRUCTTnN Principal Name By: 6 Principal RLI.INSURANCE COMPANY Name of Surety Company B Attor y-i Fact — lisabete Salazar CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 24, 2012 Date before me, M. S. Rodriguez, Notary Public Here Insert Name and Title of the Officer personally appeared ELTSAB TF ZAR Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(l) whose name(,v) is/aye subscribed to the within instrument and acknowledged to me that he/she/tbe� executed the same in his/her/th& authorized capacity(iola), and that by *4s/her/t§eir signature(s) on the instrument the person($), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws .-. NO pUBLODRC �IFORNIA of the State of California that the foregoing paragraph is a LOS ANGELES COUNTY z true and correct. COMMISSION : I87265I MY COMM. EXDIRES ]AN. 2, 2014 WITNESS my hand and official seal. Signature ` Lam' Place Notary Seal Above Signature of Notary Pub OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: -i Individual U Individual .I Corporate Officer —Title (s) t.J Corporate Officer — Title(s): Partner — i. ! Limited I 1 General tiT ❑ Partner — U Limited ❑ General �( Attorney in Fact • -rop _ 1._ Attorney in Fact • of thumb here ' Trustee 1 .I Trustee Top of thumb here Guardian or Conservator F.1 Guardian or Conservator I Other: _ C7 Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., PO Box 2402 • Chatsworth, CA 91313-2402• www NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 L ® Surety P.O P.O. Box 3967 1 Peoria, IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Patricia Zenizo, Margaret Rodriguez Pietro Micciche Gracie Lopez Elisabete Salazar, jointly or severally in the City of Los Angeles , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the 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." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of May 2012 C c0 1" RLI Insurance Company v ' ORIP T• . yy , SEAL.: _ State of Illinois% _ Roy C. Die Vice President County of Peoria Ss CERTIFICATE On this 22nd day of Ma 2012 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die , who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument furthermore, that the Resolution of the Company as set forth in the to be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and thV seal of I Insurance Company this 24th , day of JuJLy 12- Jacqu ine M. Bockler Notary Public "OFFICIAL SEAL" p NOTARY Fusuc F JACQUELINE M. BOCKLER STATE OF wNas COMMISSION EXPIRES03101/14 RLI Insurance Company Roy C. Die Vice President 0449553020212 A0059411 City ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 JDC, Inc. 13061 Shasta Ct. Rancho Cucamonga, CA 91739 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand INC. 04V,6 c ucaln" a /1'r J 1- SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No. 1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or - - - - -lump--sum- prices set- forth -in the -following Bid -Schedule - BIDDER-- understands -that failure -to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find PJD.�s.aN Din the amount of $ /0,%G 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 ate: � l Addenda No. Date Received / idder's Signature .4 ! -7 1 (,,, I -�vrz C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 0144Illl. FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and"Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the 1161lowing: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Nu r O e, d July 16, 2012. .'N. c_— Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. 'Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract ' s 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. s C-4 n PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item Estimated bk. with unit price xtended,' No. Qn;ll®rfi Or g­ W 23 3 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work $ 7 Si 6i required to construct ADA Compliant Ramp shall be $ included in this item. Dollars Cents Per EA. — TOTAL AMOUNT OF BASE BID IN FIGURES $ TOTAL AMOUNT OF BASE BID IN WORDS k.) The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 -ft—em No. - Estimated _Quantity Item -with -unit price written inwordsAmount Unit Price Extended 1 10 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work -2 3 O(D $ 3 `3tbo 0 required to construct ADA Compliant Ramp shall be included in this item. -1- _1144 4AA- "am Dollars — z _cents I Per EA. Additive Bid No. 2 RD 463 Item stilthit6d Item w Extended No. uanti t rice. . t 011116t 2 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work 0) required to construct ADA Compliant Ramp shall be $ included in this item. Dollars Cents C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7,4 2, at l c-�t CxzA, Ca, Date City State being first duly sworn, deposes and says that he or she is of _—S-1 D.G1-, -1_ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: —7 / Z-�' ( i 2- Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Q<O If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: --� 12—W1 Z Contractor By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name l -::'C) Oz>K 3 `I H F Business Address City, State Zip Telephone Number A - State Contractor's License No. and Class Original Date Issued -r�- i 31 ) .ZG' 1.5 Expiration Date The work site was inspected by —,� ►^'� Dc t2wrv�i� of our office on 0 :Y 13 , 201 z- The following are persons, firms, and corporations having a principal interest in this proposal: 9 ont G -4ieq C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this 2-�, day of O' -' "I c � J NOTARY PUBLIC 52012,-----��A LORRAINE LA C11 Commission # 1835906 Notary Public - California z z San Bernardino County My Comm. Expires Mar 1.1, 2013 t 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. O I!a % F '�O-to CLC^w oCiao 6 Vr t C' Csvcoc-- CT NameO�lild Address of Public Agency Name and Telephone No. of Project Manager: -12t& "A/Lc)-�vr r l7 L Contract Amount % %�►U I Type of Work • . Date Completed 2. � oJe—"�. Cat 1l of CU O CUi_v�'x— &LQ D CLV& L Ct 2.. N e and Address of Publi Agency Name and Telephone No. of Project Manager: Vc—�yl2 t2�� 31C� ZS3 - ��2 3 a? b . Contract Amount Type of Work Date Completed 3. %- + Z i 15 + etc- ( , �� `C�7 4U Name &-ld Address of Public Agency Name and Telephone No. of Project Manager: KA < L 4 C L-- Ay X i32Z 2 C5Ci • �= main? �T 1►2�-� a- ,�a�. Cv � I � 2Ul 2 Contract Amount Type of Work ? G - Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: �Tb, C) JDC. Contact Person: � Contact Phone: U `� �`{ N-1 Signed: Date: - U �Iy �� , 2_©► -Z, *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-comaliance with Section 3 could result in disqualification C-11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we JDC, INC. 13061 Shasta Court Rancho Cucamonga, CA 91739 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 a corporation duly organized under the laws of the State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC No. 1434: FY 11/12 ADA Curb Ramp Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work vered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. n / / Signed and sealed this 17th day of July, 2012 \ \ usan Dose ness JDC, Inc. an Adriana Val*zuefaJ)Att4rney-in-Fact AIA DOCUMENT A310 a BID BOND e AIA • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 State of California County of San Bernardino ) On u LY 2-0 i 7— before me, Lorraine Clark (Notary Public) (insert name and title of the officer) personally appeared IJA-ry' � who proved to me on the basis of satisfactory evidence to be the perso subscribed to the within instrument and acknowledged to me that eJ h is eNth it authorized capacimikland that b i i er/their signature person( , or the entity upon behalf of which the person^ acted, execs F whose named Care iey executed the same in on the instrument the the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORRAINE CLARK WITNESS my hand and official seal. Commission # 1835906 a `m Notary Public - California z z•�x_ z San Bernardino County a My Comm. Expires Mar 11, 2013 Signatur``'`-� al) ACKNOWLEDGMENT State of California County of Orange ) On July 17, 2012 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persoDw whose name(-syis/aye subscribed to the within instrument and acknowledged to me thatheshe/lhey executed the same in his/her/their authorized capacity(ie�g), and that by his/her/theif signature(sj on the instrument the persorp , 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 - SUSAN PONSSELL Z COMM. # 1927069 2 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY -+ My CoMml"On fi"s March 27, 201b (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law id Company; which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t i l reof, does hereby. nominate constitute and appoint Adriana VALENZUELA of Fullerto a l" ful agent and Attorney nominate, to make, execute, seal and deliver, for, and , eed: any and all bonds and undertakings, and the execution of surei=ll �, , 16 ese presents, shall be as binding upon said Company, as fully and s ands� 1 ey had been duly executed and acknowledged by the regularI Jc f t its�-oice in Baltimore, Md., in their own proper persons. t ct set forth on the reverse side hereof is a true copy of Article VI, The said Assistant es-here Section 2, of the By- T CtSrtippd'isnow in force. IN WITNESS VI affixed the Corpon A.D.2008. ATTEST: ltvD DEPOsri W t � why "e said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary LIN Theodore G. Martinez y On this 6th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY .OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 PDXF 0124152G City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 J.RDMMAC, Inc. P. O. Box 1481 Victorville, CA 92393 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan O Waitakere, New Zealand JRDMMAC Inc. P.O. BOX 1481 VICTORVILLE, CA. 92393 wl '7 .,mac x Yid'--..'.n#• .k ; „g P. SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the - bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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. 0 ed Accompanying this proposal of bid, find in the amount of $ � which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Ridder shall sienifv receipt of all Addenda here. if anv: C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at htto://www.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendun IPA OAhit. A-C j N Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items R1D 139 (See Location Map -Appendix A) Item meted- l No: 1 23 Construct ADA Access Ramp per Ramp Detail and q q EA. Caltraus Standard Plan ASSA (Appendix B} All work Y, $� required to construct ADA Compliant Ramp shall be included in this item. G Dollars N �� � i o ri Cents Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES TOTAL AMOUNT OF BASE BID IN WORDS s :56IQ y The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No.1 RID 263 Item gated I#e� vl .anit pte l�rreo No. Amollff 1 10 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan ASSA (Appendix B). All work $qo- $ required to construct ADA Compliant Ramp shall be included in this item. }y W� ' i f/Cii �i}NYJ 1II 'NDi ct ® Dollars A && c 9 Cents Per EA. Additive Bid No. 2 RD 463 No. d r-� 1 2 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan AUA (Appendix B). All work $ $ / (� Q required to construct ADA Compliant Ramp shall be3,()00I Included in this item. @�c'� TKdI Sha1,� Dollars Cents C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Items) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract Not i�'Nvob fimt4106t,$ftqt" I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the C fomia t the foregoing is true and correct and that this declaration is executed on7 , at Date City State �(Imrr _, being first duly sworn, deposes and says that he or she is of J . _VM YY1 k(' �nC�. . — the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. t )dA I -&E Oatdf= 5 Name of Bidder n 1 g to r uo.ULhi y i Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (1)(wexit) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7 64:2-- I C-6 ByU� Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? D Yes 11d No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Z C-8 Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, c 7kh g56-34 l Telephone Number TO 9 0 Aq State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected bykja U 18Cour office on O rl-11 .2011. The following are persons, firms, and corporations having a principal interest in this proposal: SAW.Iym 1 1 W 6 -A C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this Z�y of , 201'1� NOTARY PUBLIC t t3 U i C NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. l .ti I.--V,nIrh; Name and Address of Publid Agency Name and Telephone No. of Project Manager 6&;5&haou - � 4 �j R t%MUUHL 2. U I)ft `(__� 315 �J � . I ' i Name and Address of Public Agency Type of Work Date Completed Name and Telephone No. of Project Manager: S�)/-)4yrkt - 2 bq- U 6 - 5 $ 3 Con tract Amount Type of Work 3. C �,F Name Ad Address of Public Agency Completed Name and Telephone No. of Project Manager: �k. i Ft 15or / 1 `7 M.13145 Contract Amount of Work C-10 Date Completed Ott. a 3,3 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF s�P"V—oGWGQ-i 0 0 On g Z 11, before me, cS tt!f0-T� d Pu tg i G (here insert dame and title�ofthe officer) personally appeared `) G�1V(t j,L l /o-,dyna,es who proyo to me on the basis of satisfactory evidence to be the person(&rwhose e I are subscribed to the n instrument and acknowledged —me that she/they executed the. same in authorize apacity and that by i her/their signature tithe instrument the pers , or the entity upon behalf of h h the person( cted, 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 h' r0 and offi Signature J iORRES COMM. 91953626 0 NOTARY PUBLIC - CALIFORNIA I„ SAN BERNARDINO COUNTY My Comm. Expires Sept. 24, 2015 (This area for official notarial seal) Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: sp ub &,Ik Document Date: UL Z ��� "2 i 2 Number of Pages: 1 ` (Not including this page) Signer(s) Other Than Named Above: (j D N&- BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 KNOW ALL MEN BY THESE PRESENTS: That we, J.RDMMAC Inc as Principal, (hereinafter called the "Principal"), and SureTec Insurance Company , a corporation duly organized under the laws of the State of Texas , as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of Jen Percent of the Total Bid Amount Dollars ($10% of the Total Bid Amount_), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for FY 11/12 ADA Curb Ramp Project ccno. 1434 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th See Attached Acknowledgement Witness Witness day of July A.D., 2012 J.RDMNIAC Inc. r. Principa r (SEAL) SureTec Insurance Company Surety n By (..> ^����L t'l i�) (SEAL) Shaunna Burchfiel Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. B1D70000ZZ0701f ACKNOWLEDGMENT State of California County of Orange On July 17th, 2012 before me, Traci Larson, Notary Public nsert name and title of the_officer) personally appeared Shaunna Burchfiel, Attorney -In -Fact who. proved to me on the basis of satisfactory evidence to be the person(4 whose name.1�`are subs�rriibed to the within instrument and acknowledge o me that he/ o oh/they executed the same in his4 eeb`their authorizedcapacity(i4; and that by hi %he /their signature,} on'the instrument the person )„ or the entity upon behalf of which the person(s5 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; ,� 7 M. h11.1A � 39, 2U14 : Signature (Seal) POA #: 510026 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint George Burchfiel, Shaunna Burchfiel its true and lawful Attorney -in -fact; with fall power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00I100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of. and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20°i of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed. this 3rd day of September, A.D. 2010. y SURETEC INS E C PANY By: w' w i D= John o Jr., resident Stare of Texas ss: 7�;,�41 County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., tome known, who, being by me duly sworn, did depose and say, that he resides in Houston,' Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of ,said Company; and that he signed his name thereto by like order. JAC9UELYN MALDONADO _ Notary Public, State of Texas acq rely aldo ado, Notary Public My Commission Expires Moy 18, 2013 �y comm sion ex s May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in fall force and effect; and furthermore; the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1' 4A. day of �, �) ZA 1 2... -, A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. City 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 September 19, 2012 Mode Engineering P. O. Box 6326 Laguna Niguel, CA 92607 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand f�lo le �ns��e�ri��� �-- R Da Cu�Z3 RRMQ PR liD I���D I�CI`� �nl�Tf SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No. 1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City. Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump 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 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at httfg://www.diir.ca.gov/DLSR/IFWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. Company Name B .may J 'j/rvn ✓' X Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find � in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash",. "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Items Esaniatsd 1(te�n with unlit p� 1IJl4et 1L'S�CC xtetied No: uantl writteaa„an woax➢s Aweant 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work required to construct ADA Compliant Ramp shall be $ included diin' thisitem. @ IGt�r'i /l1C)1l S/.?,.�e� li,K �lAl^i�ollars rJ Cents TOTAL AMOUNT OF BASE BID IN FIGURES $ TOTAL AMOUNT OF BASE BID IN WORDS f�-o lopaJ /'PiJ The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 Item' Estimated Steen i>t unit prneee DnI Price No.Q"ntity nt 1 10 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work O�G� EA. required to construct ADA Compliant Ramp shall be $ ' $ included in this item. I @,1��hi7r l6✓irJ ./X h(i,� i� ri' oilars I Cents Per EA. Additive Bid No. 2 RD 463 Itepp' Estiaeeated Itetlu woih scurfece Umet P�r+ed No. Quantitywe'etlta>nl enatds... A�artmiiniat 1 2 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work o EA. required to construct ADA Compliant Ramp shall be included in this item. Jul J Cents Per EA. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Items) Name and Address of Subcontractor State License Number Class .dollar Amount % of Contract By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on - =1 L, at I., 0 r i Date t City State L \ & h?�, �,� , being first duly sworn, deposes and says that he or she is Ele�.c'jL,1`� of Mnl C ,7 er�E�l r�� nC/"' the party making the o foregoing bid that the bid is not made in the interest f, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidd Signature of Bidder Address of Bidder U ; C_ C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (1)(we)(it) will employ and utilize only qualified persons, as. hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall, be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:��- C-6 Contractor pp 1,01 By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes )(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: J .-is — C-8 Contractor 1�\\ �� C By Title BIDDER certifies that the following information is true and correct: Bidder Name /0 J 2��rl Business Address City, v State Zip (9q 1) 313 , Telephone Number State Contractor's License No. and Class Original Date Issued LI-1- d 13 Expiration Date The work site was inspected by B I e- f dnpiAcif our office on 7-- 16 , 201:�— The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. fn� , Company Name of Bidder \GNy) 5 V-1C & t'v- Printe or Typed Signature Subscribed and sworn to before me this day of ti , 201�L NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C of Public Agency Name and Telephone No. of Project Manager: L� P r 0 , e 0011—t)l� , � ��d ao Contract Amount Type of Work Date Completed 2. C, erS��C_=� Name d Address of Public Agency . Name and Telephone No. of Project Manager: 4— 241k11A , Contract Amount Type of Work Date Completed 3. Nam and Xddress of Public Agency Name and Telephone No. of Project Manager: -re S 10 A /1 //lo 340 Contr ct Amount Type of Work Date Completed C-1 o BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: ode, �� ' ' ee-ro Contact Person: \ r v,\ Contact Phone: t Signed:��--- Date:�— *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MIEN BY THESE PRESENTS, that we MODE ENGINEERING as Principal, hereinafter called the Principal, and THE GRAY INSURANCE COMPANY a corporation duly organized under the laws of the State of LOUISIANA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Accompanying Bid Dollars ($ 10 o ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for FY 11/12 ADA CURB RAMP PROJECT CC NO. 1434 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, other -wise to remain in full force and effect. Signed and sealed this 25TH day of JULY 4-92012 (Witness) (Witness) MODE ENGINEERING (Principal) (Seal) (Title) THE GRAY INSURANCE COMPANY Seal) PAUL A. BLAND (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA®- FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange _ On July 25, 2012 before me, Cynthia S. Wozney Notary Public Personally appeared Paul A. Bland CYNTHIA S. WOZNEY Commission # 1903097 a -"� Notary Public - California z z :n�- D z Orange County My Comm. Expires Sep S, 2014 Capacity(ies) Claimed by Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/lwB4heir- authorized capacity(ies), and that by hishe%eir-- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature S'gnatur of Nota Public OPTIONAL ❑ Individual ❑ Corporated Officer _ Title(s) ❑ Partner ElLimited ❑ General ® Attorney -in -Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: THE GRAY INSURANCE COMPANY THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY 64 17 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company,and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint John M. Garrett, Steven C. Mosier, Paul A. Bland, Cynthia S. Wozney and Charise Eberhard of Irvine, California jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other, writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. ` This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The, Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26`h day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 121h day of September, 2011. S a R g ro By: ®� Attest: �.. o i'®L �/dJ JAB •. s�R �l SEAL ?� Michael T. Gray Mark S. Mangunook President, The Gray Insurance Company Secretary, .y.,` �•® y1`•`..*.. •' T and, The Gray Insurance Company, The Gray Casual & Sure Company Vice President, y �' �' p y The Gray Casualty & Surety Company State of Louisiana ss: - Parish of Jefferson On this 121h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. * l* Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana °9rF Of ,LOU`y�P My Commission is for Life •nurm,nnuaoo I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25TH day ofJULY , , 2012 E A L l3 S 3 Mark S. Manguno, Secretary �t a� The Gray Insurance Company yl•. j2 y1.•. �2 .. *». •..*.. The Gray Casualty &Surety Company ACKNOWLEDGMENT State of California '� County of On 0 7/Z.�-/%, be 107�c3 /f CI. l �i 4 fore me, />/ S�/iG� f , �f�k (insert name and title of the offs r) Personally appearedjatis--Ob/�y�,r�� GLwho proved tome on the asis of sfactce to be the person whose name*is/ale' subscribed to the within instrument and acknowledged to me that he/ /tWexecuted the same in his/heflt4eir"authorized capacityW, and that by his;/�/toeir signs ureA on the instrument the personal, orthe entity upon behalf of which the perso�s-j' 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. 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 September 19, 2012 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, P Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No. 1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or - -lump-sum-prices-set-forth--in-the--following Bid- Schedule. BIDDER understands that failure -to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6J g&"Y in the amount of $ lJ �4 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder' i ature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Iten1 Estimated Item with ynrt price V, t #nice itended, No. buantitvwrtteli in words. Aionimt 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work .7 55 required to construct ADA Compliant Ramp shall be $ included in this item. @ -[We) I flM SAM 0 FOWL Dollars I+L4 LwAaD A10 cents Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES TOTAL AMOUNT OF BASE BID IN WORDS Et Em &A,_- hfovsmy o TIV, o RumoA W- f L)OLLA-IZ-S The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. I RD 263 Item No. Estimated .. Quantity -Item-with unit price writtenin.words Unit -Price Exteiided Amount 1 10 Construct ADA Access Ramp per Ramp Detail and W EA. Caltrans Standard Plan A88A (Appendix B). All work required to construct ADA Compliant Ramp shall be included in this item. (-& 'TiVO Dollars ill D Cents Per EA. Additive Bid No. 2 RD 463 7, Extended m teimWilt -U'- A Item Estimated l price , 611, A"' 't No. iianti written Fin- . . . .. , moun. 2 Construct ADA Access Ramp per Ramp Detail and 00 EA. Caltrans Standard Plan A88A (Appendix B). All work, $ TW required to construct ADA Compliant Ramp shall be included in this item. @ -Tim N6(45111410 "o-Dollars Htlu8x(:-�D ---Ab—cents Per EA. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on � 8 WE Date City State being first duly sworn, deposes and says that he or she is P,-Py,: �safi of NdPe- the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder -7gl,&I0 ! 6� 7r,,4 v� Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7 2�x, t On»4rnntnr 1 ltle C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 71, 24. -- ) 2-- Nobel h e Contractor Title C-8 BIDDER certifies that the following information is true and correct: A)be-r�.-�Inc. Bidder Name Business Address �� P�� �1 lie l' O / .. , .. y City, _... .. State Zip Telephone Number State Contractor's License No. and Class f — 7f Original Date Issued 57-3/-a Expiration Date The work site was inspected by of our office on 201.. The following are persons, firms, and corporations having a principal interest in this proposal: A/e,10"/ C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Printed or Typed Sign Subscribed and sworn to before me this day o V i= , 201 _ J_�•'`°"' KAY E. ANDERSON ^ COMM. #1852452 O U NOTARY PUBLIC-CALIFORNIA 0''''" ORANGE COUNTY i Q^ ° My Comm. Expires June 13. 2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SPA 4 Alr(- hPW 2. a Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 REFERENCE LIST Page 1 No. 1 Project Name/Number: La Cuarta Street Reconstruction Project Description: Concrete Construction, Asphalt Overlay, Water Line Replacement Approximate Construction Dates: From: 6/2011 To: 9/2011 Agency Name: City of Whittier Contact Person: Kyle Cason Telephone: (562) 567-9511 Original Contract Amount: $ 1,022,001 Final Contract Amount: $ In Progress No. 2 Project Name/Number: Ocean Front Street and Alley Replacement Project Description: Remove & Replace Concrete Alleys, Streets, Curbs & Gutters, Sdwk Approximate Construction Dates: From: 3/2011 To: 8/2011 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Original Contract Amount: $ 907,000 Telephone: (949) 644-3342 Final Contract Amount: $ In Progress Page 2 No. 3 Project Name/Number: Maintenance Service Agreement Project Description: Remove & Replace Concrete at Various Locations Approximate Construction Dates: From: 10/2010 To: 10/2011 Agency Name: City of Westminster Contact Person: Todd Miller Original Contract Amount: $ 345,000 No. 4 Telephone: (714) 681-3020 Final Contract Amount: In Progress Project Name/Number: Annual Concrete Maintenance Project Description: Removal & Replace Concrete Sdwks., WC Ramps, Curb & Gutter Approximate Construction Dates: From: 8/2010 To: 8/2011 Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $ 250,000 Final Contract Amount: $ In Progress Page 3 No. 5 Project Name/Number: Citywide Sidewalk & Curb & Gutter Imp. 2009-10 Project Description: Remove & Replace Concrete Approximate Construction Dates: From: 2/2011 To: 5/2011 Agency Name: City of Corona Contact Person: Rosario Ruvalcaba Original Contract Amount: $ 578,711 O Telephone: (951) 739-4813 Final Contract Amount: $ 450,677 Project Name/Number: Residential Street on the Tree Petition List Project Description: Remove & Replace Concrete, Landscape, Trees Approximate Construction Dates: From: 11/2010 To: 3/2011 Agency Name: City of Huntington Beach Contact Person: Joseph Dale Original Contract Amount: $ 589,000 Telephone: (714) 536-5915 Final Contract Amount: $ 621,900 LOBES' ' REFERENCE LIST Page 4 No. 7 Project Name/Number: Pacific Blvd. Improvements Project Description: Concrete Construction, Grading, Electrical & Landscape Approximate Construction Dates: From: 9/2010 To: 4/2011 Agency Name: City of Huntington Park Contact Person: Wes Lind Original Contract Amount: $ 782,204 Telephone: (626) 447-4274 Final Contract Amount: $ 833,604 Project Name/Number: Old Town Resurfacing Program Project Description: R & R Concrete Sidewalks, Curb & Gutter and Alleys Approximate Construction Dates: From: 4/2010 To: 11/2010 Agency Name: City of Seal Beach Contact Person: David Spitz Original Contract Amount: $1,500,000 Telephone: (562) 431-2527 Final Contract Amount: $ 1,730,000 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with J this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-coffinliance with Section 3 could result in disqualification C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http://www.dir.ca.ciov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. Company Name 7 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: NOBIN-30 \ I I a A!A Document A310 KNOW ALL MEN BY THESE PRESENTS. that we Nobest Incorporated 7600 Acacia Ave. Garden Grove CA 92841 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines , IA 50321 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10 /o of Bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, the Principal has submitted a bid for: FY 11/12 ADA Curb Ramp Project, CC No. 1434 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal add 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 specked in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this loth day of July, 2012 Nobest Incorporated Pnncipa (Witness) (Title) , l� M�erchantsi pjay (Mut al) (Witness) Arturo (Sean AIA DOCUMENT A310 a BID BOND s ALA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHFFECTS, 1736 N.Y. AVE., N.W:, WASHINGTON, D.C. 20006 1 State of California County of orange On �' r 1 before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Nodland who proved to me on the.basis of satisfactory evidence to be the personX) whose nameyis/9re'subscribed to the within instrument and acknowledged to me that he/s I they executed the same in hisP_l r/TJieeauthorized capacity, and that by his,/,h.e /`t fifr signaturey on the instrument the person sy or the entity upon behalf of which the person(s�acted, executed the instrument. J I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON WITNESS m hand and official seal. COMM. #1852452 NOTARY PUBLIC -CALIFORNIA O `=' ' i4' ORANGE COUNTY cA My Comm. Expirm June 13, 2013 ¢¢¢ Signature ofNotary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIIviED 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. In such instances, any alternative acknowledgment verbiage as may 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 fora: 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. helshe/tlre}-- 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7/10/12 before me, Susan Pugh, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) \ y S AN PUGH /�� COPAAr1. #1934229 N slz l yotr Public CallTornia C C0041 OPANGE who proved to me on the basis of satisfactory evidence to be the person(X) whose name( is/tee subscribed to the within instrument and acknowledged to me that he/stmtmy executed the same in his/hec&& authorized capacity(, and that by his/kaTkx�r signature(R) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han and official seal. Signature Place Notary Seal Above Signature of Notary Public Susa Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 7/10/12 Number of Pages Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: One © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ERCHNTS Bond No. NOBIN-30 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012 . STATE OF IOWA COUNTY OF POLK ss. 0\NG CO,�°. A° e�o.o�POq •.q'. :V 9J..te a' 1933iv : c: v • 01•` MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 27thday of February , 2012, before me appeared Larry.Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALTa4i__6 r? za�c� a Commission Number 770312 My Commission Expires `O"'" October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of July 2012 i10td��� ° `LNG Ct)°•°° { �sy, •�p41t ti,1".g�i'pp : 9 ; m. •yoP 0,99,; . y� ' a' 1933 : c ° Secretary POA 0014 (11/11) ......... •° 6� \1�° C' City of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand S. Parker Engineering, Inc. 2783 Tern Circle COsta Mesa, CA. 92626 11n �' � � r) h- n y Q: U `�% ". _ .w L.J t'io a' C.L "SEALED BID" DON NOT OPEN WITH REGULAR MAIL City of Huntington Beach 2000 3m—nin St•eet Huntington Beach, CA. 92648 Attu: City Clerk's Office Second Floor Project Name: FY 11/12 ADA Curb Ramp Project CC No. 1434 Bid Date: July 26th, 2012 Bid Hour: 10:00 A.M. SECTION C for the construction of r FY 11/12 ADA CURB RAMP PROJECT from CC No. 1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum -prices set -forth in the following -Bid -Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10X Bidderslfte amount of $ -�760 - which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature #1 7-17-2012 C-2 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract j�}2 2Z✓'Lw� t �,�ak6 iC"bC &%.IA3 Pb 3�x 1101 IA LoK4t4 c-4 9 �752 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Item No. Estlmateci Qnariti Item With;unit,►rice' , . written is wolyds Unit Price °Egteeii&a R►iln9aant:_ 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work $ Z zz),D — 5� % required to construct ADA Compliant Ramp shall be $ —t-- included in this item. @ kAKJI`� Dollars () Cents Per EA. TOTAL AMOUNT OF BASE BID IN FIGURES TOTAL AMOUNT OF BASE BID IN WORDS P'tj rw.a Sl Y "d.-,e_& dytt %-s I vt cc-.—+j . The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. l RD 263 Item No.__Quantity - Estimated Item=with °unit price written in words Unit -Price Extended Amount 1 10 Construct ADA Access Ramp per Ramp Detail and EA Caltrans Standard Plan A88A (Appendix 8). All work $ Z2 6n. ' $ Z2 oeo, required to construct ADA Compliant Ramp shall be included in this item. @ 7Ga444 7( _o J"d- Dollars k%ti Cents Per EA. Additive Bid No. 2 RD 463 Item t1To.. Estimated >Qu:ilnti Rein :weth unit price written>in;�vords , U if rtee : �zteladed A:nlouiBix' , ' 1 2 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work s Z Z oo. s L1400, required to construct ADA Compliant Ramp shall be included inn ,i_tem. �' @ W e411 / / ''" Dollars Cents Per EA. C-3 i i CALIFORNIA ALL-PURPOSE CERTIFICATE OF AC I�1 t) -LLEI� l F T State of California County of A Ate ; ,s- On ),j .2C)I ;L before me, 47 personally appeared S } T 1p 7-- PI%2 �/- (Here insert name acid title of the of£cef) who proved to me on the basis of satisfactory evidence to be the personN whose name( is/ar$.subscribed to the within instrument and acknowledged to me that heAhek4;ay executed the same in his/hefAkei,x-authorized capacity(iw , and that by histtrrterA4te;rsignature(skon the instrument the personN,,or the entity upon behalf of which the personN 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. MTN SS my hand and o ciayieal. COMMISSION # 1867382 0 Z Notary Public - Califurnia v _ 0 y�ORANGECOJN�SY *�.omm. Expires Oct 18, 2013 6 Si lure of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document hate (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form trust 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 riot require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefitlly for proper notarial wording and attach this form ijregttired. 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. helsheldwy is lare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recorditig. 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- d- Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i_e. CE0, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7-11-12 at Fountain valley CA Date City State Steve T. Parker being first duly sworn, deposes and says that he or she is President of S. Parker Engineering, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Steve T.Parker S. Parker Engineering, Inc. Name of Bidder Signature of Bidder Steve T. Parker - President 2783 Tern Circle Costa Mesa, CA. 92626 Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: July 11, 2012 S. Parker Engineering, Inc. Contractor By Steve T. Parker - President President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes xI No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: July 11, 2012 S. Parker Engineering,Inc. Contractor By Steve T. Parker President Title C-8 BIDDER certifies that the following information is true and correct: S. Parker Engineering,Inc. Bidder Name 2783 Tern Circle Costa Mesa, CA. 92626 Business Address Costa Mesa CA. 92626 City, 714) 241- 0560 elephone Number 739476 CLass: A, B State Contractor's License No. and Class 8-19-1997 Original Date Issued 8-31-2-13 Expiration Date State Zip The work site was inspected by Steve T. Parker of our office on July 17 , 201 2. The following are persons, firms, and corporations having a principal interest in this proposal: Steve T. Parker - President Linda M. Parker - Secretary/Treasurer S. Parker Engineering,Inc. - Corporation C-9 A The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. S. Parker Engineering, Inc., Company Name ignature of Bidder Steve T. Parker Stever-T. Phlsker - President Printed or Typed Signature Subscribed and sworn to before me this day of July , 201 �. due NCIE&L * ¢ ygMON # 986rA2 @�ptmy Pub%t • CAIRtMiS Z ORANGE COUNTY , NOTARY PUBLIC Michelle McNeill NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. city of Mission Veejo 27204 E. La Paz Road Mission Viejo, CA. 92692 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr- Herb Smith (949) 470-3095 121,600.00 concrete RJR current Contract Amount Type of Work Date Completed 2. city of Mission Viejo 27204 E. La Paz Road Mission Viejo, CA. 92692 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Herb Smith (949) 470-3095 339,763.62 concrete rat Contract Amount Type of Work current Date Completed 3 Newport -Mesa Unified School District 2985 E. Bear St. Costa Mesa, CA. 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Norm CHapman (714)424-5081 300,000.00 concrete RJR current Contract Amount Type of Work Date Completed C-10 On �' before me, insert name Personally appeared 57 g _ 7— PWR- who proved to me on the basis of satisfactory evidence to be the persor!M whose namek isfam-subscribed to the within instrument and acknowledged to me that heEsheAboy executed the same in his/heWthei -authorized capacity(ie4 and that by hi, n-rAhei-signature(s),on the instrument the personN..or the entity upon behalf of which the personN 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. MICHELLE MCNEILL Vture S COMMISSION # b67382 2 my hand a ffl Sea], a '- Notary Pur1aC Ca�rforna b Notary Public (Notary Seal) ADDITIONAL, OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT " (Title or description of attached document) (Title or description of attached docwnent continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER_ ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any adwoivledgmeru 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 documem is to be recorded outside of Cafifm7nix In such instanced my alternative aclaawledgment 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 or California re. cerrifyimg the authorized capacity of the signer). Please check the document carefdlyfor proper notarial wording and attach this form ifrequired - 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 prim his or her name as it appears within his or her commission followed by a comma and then your title (notary public). - Not the name(s) of document signer(s) who personally appear at the time of notarization. - Indicate the correct singular or plural forms by crossing off incorrect forms (Le_ he/she dwy, 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 fines. If seal -impr&sion 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_ t- Indicate title or type of attached document, number of pages and date. t- Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the tide (i.e. C150, CFO, Secretary). Securely attach this document to the signed document 2008 Version CAPA v 12,10.07 80"73-9865 www.NotaryClasses.com - P BIDDER'S CERT'IFICAT'ION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: S. Parker Engineering,Ine. Contact Person: Steve T. Parker Contact Phone: 714-241-0560 Signed: Date: July 11, 2012 *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-comipliance with Section 3 could result in disgualiiacation C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11/12 ADA Curb Ramp Proejct CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at hfto://www.dir.ca.ciov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. dI Co pany Name BV ?-I,7-�Z Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. On _� before me, A O i}U f� (Here insert nameafid title of the officeB personally appeared 5 Tg,aQ xg?.r 1 who proved to me on the basis of satisfactory evidence to be the persoilftwhose name is/am-subscribed to the within instrument and acknowledged to me that he/she executed the same in his/heMheir-authorized capacity(ie4 and that by his"-tr:ct lei-signature(s),on the instrument the personN,.or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. MICHELLE MCNEILL "myhandclot seal. COMM►SSION i 1867382n Z Notary Public - California ORANGE COUNTY (Nosy 401comm. Ezpirm Oct. 18, 2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ 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 any exception is if a document it to be recorded outside of California. In such instanced any alternative acknowledgment verbiage as may be printed on such a document so tong as the verbiage does not require the notary to do something drat is illegal for a notary in California re. cemfying the authorized capacity of the signer). Please check the document carefullyfarpropernotarial wordtagandattach thisfonn if required State and County information must be the State and County when; 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 prim 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 piural forms by crossing off incorrect forms (i.e. hdsheldwy— is late ) or circling the correct forms. Failure to correctly indicate this inrormation may lead to rejection ofdocument recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal •impre`ssion 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_ ,0 Indicate tide 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 tide (i.e. Ci;O, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10-07 900-873-9855 wwwNotuyClasses.com i 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 ® Fax: (714) 241-0665 Lic# 739476 • Class A & B REFERENCES Owner/Proiect Name Contact / Phone # Newport —Mesa Unified School District Norm Chapman — Inspector 2985 E. Bear Street (714) 424-5081 Costa Mesa, CA 92626 Project Name: Concrete Repair/Replacement District Wide Bid #104-11 Annual Contract Amount: $150,000.00 Owner/Project Name Contact / Phone # City of Mission Viejo Herb Smith 27204 E. La Paz Road Project Manager Mission Viejo, CA 92692 (949) 470-3095 Project Name: Annual Park and Facility Hardscape Improvements July 1, 2011 —July 2012 Contract Total: $55,000.00 Project Name: Annual Maintenance for Removal and Replacement of PCC, Sidewalks, Curb & Gutter, Driveway Approaches and Cross -Gutters July 1, 2011 —July 2012 Contract Total - $340,000.00 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 o Fax: (714) 241-0665 Lic# 739476 ® Class A & B RECENT PROJECTS AND REFERENCES Owner/Project Name City of Riverside 3900 Main Street Riverside, CA 92522 Contact / Phone # Ibrahim Massoud Senior Engineer (951) 826-5805 Project Name: 2007-08 ADA Footpath Improvements CDBG Wheelchair Ramp Construction — Bid No. 6584 March 31, 2008 — June 13, 2008 Contract Total: $257,900.00 Owner/Project Name Contact / Phone # Fullerton Joint Union High School District Dave Hall - EHCC 1051 W. Bastanchury Road Project Manager Fullerton, CA 92833 (714) 738-4995 Project Name: Remove and Replace Sidewalk on Chapman Ave Between Lemon Street and Pomona Ave at Fullerton Union High School Bid No #0708-52 (EC 2007/08 #142) January 31, 2008 — March 31, 2008 Contract Total: $57,220 Owner/Project Name City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Contact / Phone # Tom Banks Project Manager (714) 754-5343 Project Name: Construction of Parkway Concrete Repair and New Sidewalk Project No. 07-27 December 12, 2007 — July 25, 2008 Contract Total: $409,513.11 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 Fax: (714) 241-0665 Lic# 739476 Class A & B Owner/Project Name Contact / Phone # County of San Bernardino Larry Herkelrath 385 North Arrowhead Ave, 3rd FI Project Manager San Bernardino, CA 92415 (909) 387-3165 Project Name: Moabi Park Restroom Site Preparation Project No. 7R00 October 31, 2007 — February 8, 2008 Contract Total: $64,000.00 Owner/Project Name City of Pasadena 100 North Garfield Ave Pasadena, CA 91109 Project Name: Memorial Park Playground Contract No. 19, 409 August 28, 2007 — February 8, 2008 Contract Total: $328,878.10 Owner/Project Name City of Torrance 3031 Torrance Blvd. Torrance, CA 90509 Contact / Phone # Todd Holmes Project Engineer (626) 744-7329 Contact / Phone # Henry Completo Associate Engineer (310) 781-6900 Project Name: FY 2006-07 Curb, Gutter and Sidewalk Replacement Program Bid No. B2006-37; Contract No. C2006-222 January 16, 2006 — August 10, 2007 Contract Total: $1,264,999.82 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 Fax: (714) 241-0665 Lic# 739476 Class A & B Owner/Project Name City of Huntington Beach 2000 Main Street Huntington Beach, CA 92628 Contact / Phone # Jason Churchill Supervisor of Street and Facilities Maintenance Project Name: Construction of Curb Ramps @ Various Locations Project No. MSC-435 October 2, 2006 — April 10, 2007 Contract Total: $135,016.00 Owner/Proiect Name Newport —Mesa Unified School District 2985 E. Bear Street Costa Mesa, CA 92626 Project Name: Pomona Elementary PO #778M0757 January 19, 2007 — June 8, 2007 Contract Total: $64,998.00 Contact / Phone # Norm Chapman — Inspector (714) 424-5081 Owner/Proiect Name Contact / Phone # City of San Juan Capistrano Joe Mankawich 32400 Paseo Adelanto Associate Engineer San Juan Capistrano, CA 92675 (949) 493-1171 Project Name: San Juan Creek Waterline Crossing at Via Estenage Project No. CIP #752 June 20, 2006 — April 2, 2007 Contract Total: $358,082.56 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 ® Fax: (714) 241-0665 Lic# 739476 . Class A & B Owner/Project Name City of Covina 125 East College Street Covina, CA 91723 Contact / Phone # Shawn McKnight Construction Inspector (626) 858-7251 Project Name: Covina Curb Ramp Access @ Various Locations Project No. P0606; CDBG #600799-05 June 19, 2006 — October 25, 2006 Contract Total: $70,600.00 Owner/Project Name Contact / Phone # City of San Bernardino Danny Cwiak 300 North "D" Street Inspector San Bernardino, CA 92418 (909) 384-5111 Project Name: Construction of Pocket Park @ SE Corner of Norma Lane and Stephanie Drive Project No. PR 04-23 September 3, 2005 — October 18, 2006 Contract Total: $166,833.63 BID BOND Conforms with The American Institute of Bond No. SPARK- 6 7 Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we; S. Parker Engineering Inc 2783 Tern Circle Costa Mesa CA 92626 as Principal, hereinafter called the Principal, and the First National Insurance Company of America Of 62 Maple Avenue Keene NH 03431 a corporation dilly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firntly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 1 0 0 * * * * * * * * * * * * * * * } , for the payment of which semi well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, the Principal has submitted a bid for FY 11/ 12 ADA Curb Ramp Project CC No. 1434 NOW, THEREFORE, if the Obligee shall accept the bill of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal toentersuch Contract and give suchbondor bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof.between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full farce and effect. Signed and sealed this 1 1 rh day of S. Parker En ineerin Inc. (Seal) t?rincipal Witness Steve T. Parker — President Title First National Insurance Company of America Witness � By Dwight Reilly Attorney -in -Fact S-00541FN 12/00 Xt}P ACKNOWLEDGMENT State of California County of Orange } On July 11, 2012 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(t) WSW subscribed to the within instrument and acknowledged to me that he/,qtWIMWy executed the same in his/hWftir authorized capacity(), and that by his/heir 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. CU Aid PLCH WITNESS m hand and official seal. � � ° � � N y C-_ j� ot.>�y rublic Calr,o�nia C AINCECCLNTy a MyCorrm EpiresApr29,2015 Signature-- (Seal) " Susan Pugh THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.. 5322847 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.0978-7 First National Insurance Company of America General Insurance Company of America Safeco Insurance Company ofAmerica POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, ALLISON RITTO, ANDREW WATERBURY.................................................................................. all of the city of ORANGE State of CALIFORNIA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of April 2012 QC0 ,S COO 141 - � cc ver¢rgi 4L .eanaa 4y fi pus gr9,y 4v. First National Insurance Company of America 3 (I l 923 J { a General Insurance Company of America to i`��$ £�>� Safeco Insurance Company of America CL _ By: s�0a"• Gregory W. Davenport, Assistant Secretary ++ STATE OF WASHINGTON ss > COUNTY OF KING to yOn this isth day of April 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National u y Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America, and that he, as such, being authorized so to do, execute the >%a) O 7 foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W to E IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. 0 a O to � — L -`` = KID Riley, NotaryVjjblic M 60 O r0+ '''3 ;;z a _ W This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, General 1) CD 6 L. Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows: w y ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and y, O C subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, E .. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their — d L respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the a) 0 Chairman, the President or by the officer or officers granting such power or authority, w LCertificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to. appoint such co) 0 attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and %o other surety obligations. 0 r Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary I-- r of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11 thday of JulY 20 12 p skc C3 Gc cC g® to CO&, Gera q �r rosy , man f� js: aim, By: 28 { 1923 � ? 1 David M. Carey, Assistant Secretary POA- FNICA, GICA& SICA L.MS_12874_041012 - 3 Company City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 19, 2012 Ted Enterprises, Inc. 555 N. El Camino Real A362 San Clemente, CA 92672 RE: ADA Curb Ramp Project — CC-1434 Enclosed please find your original bid bond for CC-1434. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand TED ENTERPRISES INC 555 N. EL CAMINO REAL A362 SAN CLEMENTE, CA 92672 X�x L C��L���y 2n 12 JLIL 1-71 J, 9., (2 5 SECTION C PROPOSAL for the construction of FY 11/12 ADA CURB RAMP PROJECT from CC No.1434 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump 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. I Accompanying this proposal of bid, find ►i in the amount of $ 000 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received idder's Si nature C-2 PROJECT BID SCHEDULE FY 11/12 ADA Access Ramp Project, CC-1434 Base Bid Items RD 139 (See Location Map -Appendix A) Iteem. I Estimated Item with did pa se uni Price Extended No.,: mni written4n words. almt 1 23 Construct ADA Access Ramp per Ramp Detail and EA. Caltrans Standard Plan A88A (Appendix B). All work required to construct ADA Compliant Ramp shall be included in this item. _ Cents TOTAL AMOUNT OF BASE BID IN FIGURES $ Q c /,irp TOTAL AMOUNT OF BASE BID IN WORDS IG The base bid will be used for comparison of bids and to determine the lowest bidder. Additive bid items may be awarded at the discretion of the AGENCY. Bids shall be submitted for the entire work, including additive items. Additive Bid No. 1 RD 263 Item Estimated )item with unit price gJnit Pace Eart►iDed No. Quanti written un words:Amount 1 10 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work 2 l� EA. required to construct ADA Compliant Ramp shall be $ 0 $ Q© included in this item. -Al40" -Dollars Cents Additive Bid No. 2 RD 463 he Estiffiated Itean weth u it;pr>tce Unit Pace Eztels<ded; No. uanti w>cittet m words Acnsu>mt 1 2 Construct ADA Access Ramp per Ramp Detail and Caltrans Standard Plan A88A (Appendix B). All work �j! EA. required to construct ADA Compliant Ramp shall be $� $ included 'n this item. @txl Dollars Cents Per EA -mac C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract Iy�N By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7 —6- t, at 54P (-kmrjrtL > —L-A Date City State Jat l/4u\S Z— , being first duly sworn, deposes and says that he or she is V M a of -rEl*'3 Gam; e2/J2� ,(.cs the parry making the foregoi g id that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or, indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Address of Bidder .S,4N CA g Z (P7L. 3 &L C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaliforrMa County of OnJu ? % before me ZC�= Date personally appeared E� Z_ Here Insert Name and Title of tie Officer CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KELLEY A. HOLT Comm.# 1825608 WITNESS my hand n1nd official seal., NOTARY PUBLIC•CALIFORNIA -. ORANGE COUNTY y MY Comm. EXP. DEC. 04, 2012 Signature: Place Notary Seal Above OPTIONAL � signat o ry PutKc Though the information below is not required by law, it may prove valuab'leto persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document C..c Title or Type of Document: Ali �l Document Date: Number of Pages: / Signer(s) Other Than Named Above: MON Capacity(ies) Claimed y Signer(s) Signer's Name: Ac Sic=2 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ Ge eral Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY It-800-876-6827) Item #5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FY 11/12 ADA CURB RAMP PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: ZA,7-eVjt i&e--S Contractor O Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Contractor B � 2rr► o Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name f-cc AJ (5L C" aeo i?eAk 43�2 Business Address City, State Zip Telephone Number 9!�9397 4 ¢J3 State Contractor's License No. and Class 60 Original Date Issued -3o-/y Expiration Date The work site was inspected by .a�t,-C— L4LNf,'L of our office on 7-014 , 2011Z.- The following are persons, firms, and corporations having a principal interest in this proposal: Lt=q Ave, Se C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Sts ,7Z;;e, Co an ame // D Bidder Printed or Typed Signature ' Subscribed and sworn to before me this day ofc- V 201 ;2—. KELLEY A. HOLT NOTARY PUiUC comml 92504e •CALMRNIA �! NOTARY PUBLIC 9 mvcomm. tx'i. o9 74, 2W NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and 'Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents 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: �1E1'� Contact Person: J o-e_ 1/A[-F)�6,2,. Contact Phone: &/ - oloS� Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 FOR THE CONSTRUCTION OF FY 11 /12 ADA Curb Ramp Proejct y. CC No. 1434 in the CITY OF HUNTINGTON BEACH July 16, 2012 Notice To All Bidders: Please note the following clarification to the Specifications and Special Provisions: 1) Remove and Replace Federal Prevailing Wage Rates in Appendix G in CC-1434 Specifications with the following: Federal Labor Standard Provisions and Federal Prevailing Wages as of 7/13/2012 2) State Prevailing Wage Rates are available on-line at http:iiwww.dir.ca.gov/DLSR/PWD/ This is to acknowledge receipt and review of Addendum Number One, dated July 16, 2012. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Dereck Livermore at (714) 374-1732. Ted Enterprises Inc. TED ENTERPRISES INC MINUTES OF BOARD OF DIRECOTR MEETING Annual meeting of the Board of Directors of Ted Enterprises inc., a California Corporation, was held at 1205 Calle Toledo, San Clemente, CA on October 12, 2011 The Board of Directors of the Corporation: Kelley Holt President - Secretary —Treasurer Joe Valdez Vice President Constituting all of the members of the board of directors was present at the time of the meeting. No new motions presented but to maintain company directives to read as follows: Joe Valdez, Vice -President / Senior project manager has authority to sign all contractual documents and bids for the corporation, and therefore has the authority to obligate the corporation in contractual matters. The undersigned, Kelley Holt; Secretary, certified that Joe Valdez is the duly appointed Vide President of Ted Enterprises, Inc., and that the above is a true and correct copy of the resolution previously adopted. This meeting of bylaws and restated of said corporation on October 12, 2011. I have affixed my name as secretary of the corporation, and have attached the seal of Ted Enterprises Inc. to this meeting. Date: October 1 2011 Kelley Holt - Secretary 555 N FJ Camino Real A362 San Clemente Ca. 92672 Phone (949) 361 -3065 FAX: (949) 369 — 9910 Uc # 949397 �- CERTIFICATE OF LIABILITY THIS CEI2TTFiCA7E 1NSU�N�E IS ISSUED A3 A E7AT IM OF CATION ONLY AA@ CONFERS NO 0ERTIFICATE DOES NOT =7/;;/2011 FBGFTTS UPON AFFUMATiVE3.Y OR NEGATTVEL.Y 1'ti>r -7CATE HotDEIt THIS BE3Aw. M- CERTIFICATE OF INSURANCE DOES' EXi9iD OR ALTER THE CpygZA N6T 1 GE AFFORDED BY THE POLICIES PRESENTATIVE OR PRODUt AND THE CERT6iCATg HCONS A C0.4ITWiCT T'HE yg.W"G IMPORTANT- tribe eed;9ieete holder is an ADDTTTDNAL . Bld pofky({gi1 must he ..... the beraes aced eaddltEons or cede !F fha PoGeyiCwtafn es AitON �Wj{{yEp to oerfi ici holder io Beu or Such aTey nf{s} an -UMZSGMUUL A><tadmmrt m this PRODUCERdoes Not eatder dgMs to the 24ANALE INSURANCE SERVICES alLe>= Manale 2833 Leon -is Blvd, Ste 115 PHONE 323 581-4846 PAX Vernon, CA 90058 an manaleinsurancesvcs com , INSURM Ted En A: Catlin, tE'rpra.ses , Inc_ ci_al I� INSURER a: United Financial Casualty 555 N. El Camino milSuitePatal c: Mt. Hawley Insurance C any , A362. INSURERD: San Clemente, CA 92672-6740 JUSURER E: COVERAGES CS;MFICATETHAT THE NLIMHEF� O F: EOL 1NWCATED. NO7yyTy{�gry�POLICIES OF INSURANCE Lil BELOW HAVE BEEN ISSUED Ti7 THE REVI`Si0%) N[ll : TI REQUIREMENT. INDICADCUMMT TERM � MAY A86:tE FOR OR CCMWTION OF ANY CONTRACT OR THE POLICY PERIOD ISSUED OR MAY AND CONOMONS OF THE l TO it � �EXCUISIONB SUCH PouC>£S. LlegTs SHpyIMy Y HAVE B�TLBy . POUc� HERPJN S1IBRES TO ALL cm R> aYPAIDCLAAOS. TERMS TYPE OFINSU 1.l sor Gill LIABILITY eaa ww PWkY I'AISIBFJi 1 POUCY EF FOUCY Dy X UWTS COMMERCIAL SAL 1,1AaLL3TM EACFt s Ci°'"�i..YE g 1 000 , 01 A `a' °O4Oip°°`i S 100,01 0901700034 'mot IA °"e %21%1 /21/1 Pe:soNAL 5 t aAwouexr s G97L AGC�GATE LIWT APPLES ii 1 000 0( g POLICY Pill GE+>azwL AG T� S 2,000,o( AUTOMOBILE UARl Los - ioP AGG S 2 000 0C s O sal>;L1 X ALL (E- d LINT i ALL DwRFn >L++.r _ OW B ADiOS AUTOSCHED07664863-0 0/06/10 o/06/11 8O�"LY'""a �P.�a°T i 1, 0 00 , 0C IBRF.D AUT0.4 AUTOS BOOBY a4a i fear PfZ01�tIy pANAGE UMBRELLA UAB =-ft=) i C x EJCCESS UAB cxxm S oen uAa�s�lAOE E=0315141 7/21/1 /21�1 d+al ° i 1, 0 00 00 RETI3ALON s YAWLICERS CO"P918gT1py1 S AM EJULI7VE eW LIABILITY +w�ro YIN YYC STA7LL i ry indil Ni n Ill dmaw outer EL EACH ADC108tr S TWt/ OFO?ERgT1pN5 Eetow EL DISEASE -EA EIIll IS 3 Days Q i C� 6 /E�-ES VUl ACORD TOy. Adel RH l SCIt�Id4 a Totea llll iS rt�y- i cancellation for non-payment of premium. TED Enterprises, Inc. 555 N. El Camino Real, Suite A362 San Clemente, CA 92872 SHOULD AM PfIR OF TM ABOVE DATE Ty.9 DESCRIBED POUCLES BE CANC.LED BEFORE NOTICE VWLL 8E OUNEREO W ACCORDANCE WITH THE POUCY PROVISIONS. - .,cacr..wuvb CORD 25 (2010/D5) W 198g-20i0 ACORD C.ORPORA770N A tese. Oughts Ed. The ACORD Tlarlle and logo are la9i�Leted --I- of ACORD Ted Enterprises Inc Lie # 949397 Current & Completed Jobs with References Saddleback Valley Unified School District March 2012 — March 2013 25631 Peter A. Hartman Way Mission Viejo, CA 92691 Jim Simone Maintenance Supervisor (949) 580-3255 Indefinite Concrete Removal and Replacement for entire School District City of San Clemente July 2012 In Progress 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 - 6154 Reservoir No.9 Drainage and Slope Repair Protect Description: Repair slope and miscellaneous concrete and drainage Contract Amount: $58,900.00 Saddleback Valley Unified School District June 2012 25631 Peter A. Hartman Way Mission Viejo, CA 92691 Jerry Rommel: Asst. Director of Maintenance 949-533-4234 Concrete Repair —Various Schools Contract Amount: $6,556.00 COMPLETED Riverside County Flood Control and Water Conservation District April 2012 1995 Market Street Riverside, CA 92501 Henry Olivo Engineering Project Manager (951) 955-1288 Montecito Ranch — Jameson Road Strom Drain Repair Contract Amount. $62,980.00 Completed City of Temecula March 2012 41000 Main Street Temecula, CA 92590 Steve Charette Associate Engineer (951) 506 — 5190 Citywide Storm Drain Improvements — Calle Fiesta Contract Amount: $145,595.00 COMPLETED Encinitas Union School District December 2011 101 S. Rancho Santa Fe Road Encinitas, CA 92024-4349 Gerry Devitt Director of Project (760) 518 — 6890 Playground Removal and Installation for Olivenhain Pioneer Elementary School Contract Amount: $34,200.00 COMPLETED County of Orange, California September 2011 PO Box 4048 Santa Ana, CA 92702 George Zahn Project Manager (714) 448- 6829 Jesse Caballero Inspector (714) 240 - 4372 Olive Heights Alley Improvements Protect Description: New alley improvements Contract Amount: $294,000.000 COMPLETED C4' 1 City of Rancho Mirage, California July 2011 69-825 Highway 111 Rancho Mirage, CA 92270 Leland Cole Senior Civil Engineer (760) 770-3224 Monterey Ave & Clancy Lane Intersection Improvements Project Description : Create Right Turn Lane Contract Amount: $179,600.00 COMPLETED City of Laguna Beach, California March 2011 505 Forest Avenue Laguna Beach, CA 92651 Mark Trestik Assistant City Engineer (949) 497 — 0300 Dog Park Storm Drain Replacement Protect Description: Storm Drain Improvements Contract Amount: $66,773.00 COMPLETED Mitchell Residence January 2011 221 Avenida Cordoba, San Clemente CA Bruce Mitchell (949) 212- 1880 Project Description: Site concrete, masonry, pavers, irrigation and landscaping Contract Amount: $97,500.00 COMPLETED City of Palm Desert, California January 2011 City of Palm Desert 73-510 Waring Drive Palm Desert, CA 92260-2578 Ryan Gayner Project Manager, (760) 346 — 0611 Retention Basin Concrete Access Ramp Pro*ect Description: Excavation concrete for new access ramp Contract Amount: $ 28,240.00 COMPLETED City of Chula Vista, California: January 2011 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Luis Labrada, P.E. (619) 476 — 2321 Robinhood Ranch Unit II Sewer Pump Station Improvements Phase 2 December 2010 Project Description: Site RCP Storm Pipe, concrete, catch Basins, block walls, Landscaping for existing pump station Contract Amount: $116,417.00 COMPLETED Dr. James Meeks October 2010 — December 2010 500 C Street Tustin, CA 92080 (949) 347 — 2525 Project Description: Remodel of Historic Building for conversion to commercial office Contract Amount: $108,235.00 COMPLETED City of San Clemente, California: October 2010 — December 2010 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 - 6154 Lower San Pablo PRS Rehabilitation Project Description : New water line with Pressure reducing station, Curb and Gutter sidewalk and AC replacement Contract Amount : $167,990.85 COMPLETED THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Ted Enterprises, Inc. as Principai, hereinafter called the Principal, and American Safety Casualty Insurance Company a corporation duly organized under the laws of the State of .Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of total amount bid (10%) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for FY 11/12 ADA Curb Ramp Project CC No. 1434 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith Contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this July 25th, 2012. Ted EqterpRses, Inc. (Print' al) (Title) ArftriSO Safety Casualty Insurance Company (S ) (Seal) (Witness) —' Michael R. Strahan, Attorney -In -Fact (Tilt AIA DOCUMENT A310 -BID BOND - AIA a- FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT State of California County of San Diego } On July 25th, 2012 before me, J. Palmer, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the person($) whose name(o) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(4&), and that by his/he0their signature(j) on the instrument the person(j), 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. J. PALMER Commission # 1972945 . �® Notary Public - California z San Diego County my Comm. Ex Tres Mar 23, 2016 Signature (Seal) '