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HomeMy WebLinkAboutGMC Engineering Inc. - 2008-08-04,,..r �-.,_,,; ;.--w-.-...,--�-..----..-.-.�,-.....m....-,. ._ ._.._..,.... .era_ - -.- .�.,-� Y � w.,.- `^-.. �......+,..t-r -.. - �c.. - ,• -•-- �.- �. �,..�+* --L.`. .,..-.,.�.,..,f� . �v -- e$ RECEIVED�BY-- (Name) (Date) TO: Shari Freidenrich, City Treasurer FROM: 01 DATE: <'r SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. r Approved �Q Agenda Item No.r �J (Council Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc F City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: February 9, 2009 SUBJECT: Retention Release Payment Company Name: GMC Engineering Inc. Address: 1401 Warner Avenue, Suite B City, State and Zip Code: Tustin, CA 92780 Phone Number: (714) 247-1040 Business License Number: A194832, Exp. 4/30/09 Local Address: N/A Notice of Completion Date: Filed and pending Contract Purpose: Retention Release for the Magnolia Street Sidewalk Project; CC #1228 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 full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City. I certify that no stop notices are on file on the subject at this time. Date s K. flopkins, Director of PublicgWe*ftsety Company I certify that there are no outstanding invoices on file. 2-7-0 1 Date hari Frbiklenrich, City Treasurer Rating Gty Treasure, I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. e D to Jan Clerk retention release memo REV 2-2009 .doc 2/9/2009 2:46:00'PM t > A Premium: Inlcuded MAINTENANCE BOND Bond No. 6469273 KNOW ALL MEN BY THESE PRESENTS, That we, GMC Engineering, Inc. (hereinafter called the Principal), and First National Insurance Company of America (hereinafter called the Surety), are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee), in the full and just sum of Four Hundred Thirty Seven Thousand and 50/100 Dollars ($ 437,000.50 ) Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated September 16, 2008 , for Magnolia Street Sidewalk Project and Pacific Coast Highway to the Huntington Channel Cash Contract Number 1228 AND WHEREAS, as a condition of acceptance obligee requires that, GMC Engineering, Inc. should guarantee the Magnolia Street Sidewalk Project, Cash Contract No. 1228 for a period cif One (1) year(x), then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered February 4, 2009 Witness as to Principal n Gennady Chi ik --Secretary GMC Engineering, Inc. BY: V*'� Gennady Chizhik President First National Insurance Company of America APRM ®VED �'OlF - ' By: �. JE) McG 'Zk , Ci Attom ey Gry e, Attorney -in -Fact d . 7'Joq S•37491GEEF N01 =RP POWER First National Insurance Company of America 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle. WA 96154 KNOW ALL BY THESE PRESENTS: No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint x.*.*****-*********X.****IX�***I.***•x**x*)EFFREY R. GRYDE; Laguna Niguel, its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 26th day of January 1 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ..- the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority of on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner repWut od; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0-I The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (i:i) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof." 1, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation this 4th SEAL OfNrA�,�tti' r S-10490F V09 day of February 2009 �X Dexter R. Legg, Secretary SatecwD and the Safeco logo are registered trademarks of Sateco Corporation. WES PnF a�, w , �•, ,k State of California County of Orange On February 4, 2009 before me, personally appeared R. G Kathy L. Burnum, Notary Public (Here insert name and Title of the officer) who proved to me on the basis of satisfactory evidence to be the person(X) whose name(l) isi" subscribed to the within instrument and acknowledged to me that he/ Il executed the same in hisAM" authorized capacity(W, and that by his/kovdwk signature) on the instrument the person(X), or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERT(IRY under the lavvs of the State of California that the foregoing paragraph is true and correct. Sieuatureof blic�' fKAYHY L. SUIINUM WITNESS my hand and official seal. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCtTMENT (Title or description of attached document) (Title or description of attached document continued) Number of Paces Document Date (Addrtioaal urfonnation} CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) attorney -in -Fact ❑ Tntstee{s) ❑ Other . Commission � 170$S3aL � Notary Public - California � Orang® County Corrsn. kssxAlbv16,2010 i ('rotary e ) INSTRUCTIONS FOR COti4PLETNG THIS FORM Am ncknowledgnrew completed in California must contain verbiage etacd} as appears above in The notary .secrioa or a separate acknowledgment form mast be properh completed and attached to that document. The oil} erceptiao is if a document is to be recorded outside of Caitfor»ia. In ruch insttmces, anp alter�ratire acknowledgment rerbiage as mar be printed on such a docrnnerrt so long as the t erbiage does not require the notary to do something that is illegal for a notan, in t alifornia (i e. ovii -i-ag the evthon:led caparq of the. signer). Please rheck the. document carefdlt-for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(sl personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must aho be the same date the ackrnowledeineut is completed. • The notary public trust print iris or her name ae it appears wrrltin his or her commission followed by a counna and then your title (notary public). • Print the name(s) of docruneut siguer(s) vvho litmaaily appear at the time of notarization. • Indicate the correct singular or p1ual fortes by crossing off incorrect forms (I e- lr�'shelt{r�y- is /ate) or circling the conect forms Failure to correctly indicate this Inm formatioir nnay lead to rejection of document recording • The notary seal impression must be clear and photoganphically reproducible. Impression roust not cover text or lines. If seal impresuou smudges, re -seal if a sufficient area permits, otherwise complete a different aci nowledgtrtent form. • Signature of the notary public mast match tale npatuie on file with the office of the county clerk. Additional urfort uatton is not rexluired but could help to ensure this acknowledgment is not misused or attached to a different docunent. Indicate tide or type of attached document nmnber- of pages and date. Indicate lire 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 %'crsion CAP.k v1-!.10.07 800-873-98b5 www.NuafyClasses.conl CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Q On F V, 2ooqbefore me, personally appeared &e_NA)ad v (Here insert name and title of the who proved to me on the basis of satisfactory evidence to be the person( whose name(81 is/ar'subscribed to the within instrument and acknowledged to me that he/Aie'/they executed the same in his/hei heir authorized capacity(, and that by his/beT/the-if signature(o on the instrument the person(s), or the entity upon behalf of which the persono acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY L. BURNUM Commlaalon # 1705358 WITNESS my hand and official seal. Z -. Notary Public - California Z € Orange County Comm. b I %Nov16.2010 \ �i1 (Notary Seal Signature of ar ubhc ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Vale or description of attached document) _11%Qit`eS feet St`r�efa fC �'ro�� tale or description of attached document contin ed) Number of Pages _j_ Document Date.21YIO (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) h4r Corporate 1Office,.rr 1 _ e S1`S_e- van L5s:_c e_l-;c r (I itle) Partner(s) Li Attorney -in -Fact 11 Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any, acknowledgment completed in California must contain verbiage exactly us appears above in the notary section or a separate acknowledgment forrn must be properly completed and attached to that document. The only exception is tf a document is to be recorded outside of Cal jornia In such instances, any ahenrahre acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document care filly for proper notarial wording and attach this form tf 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) personal ly appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears wrthm 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 or notarization • Indicate the correct singular or plural forms by crossing off incorrect Rums (i c he/she/they- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproduclhlc Impression must not cover text or lines If seal impression smudges, re -seal If a sutllaen[ area permits_ otherwise complete a different acknoevlcdgmcnt Rum • Signature of the notary public must match the signature on file wnh the 0111cc of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a difterent 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 tale (i e. CEO, CFO, Secretary) • Securely attach this document to the signed document '0n8 Version CAPA � 12 10.07 800-873-9865 www.NotaryClasscs coin GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GMC Engineering Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 15rh of January, 2009, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT .RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Gennady Chizhik, hereby certify and declare that I am the regularly and duly acting President and Secretary of GMC Engineering, Inc., a Corporation; that the Resolution above_ set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Tustin, California, on the 15`h day of January, 2009; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seal P440k,-- Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization .Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 0 (714) 247-1040 • Fax (714) 247-1041 State of California County of OrAnZQe-, On I elf .ZOvq before me, (Here insert name ana title of the personally appeared GCtito &d v ck t z AtX who proved to me on the basis of satisfactory evidence to be the personks) whose name(.0 is/subscribed to the within instrument and acknowledged to me that he/.�executed the same in his/berAheair authorized capacity(ies), and that by his/1;ii:,1r-/thetr signature(s}on the instrument the person(s); or the entity upon behalf of which the person( -acted, executed the instrument. 1 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. X� .1'/, Swnatur a Public KATW L. BURNUM Commission # 1706358 Notary PUbtle - CaliiorMa Orange County WCommomMlI ovi6,20i0 (Notary Seal) ADDITIONAL OPTIONAL INIF'ORMATION DESCRIPTION OF THE ATTACHED DOCUMENT !!eso ui7_Ott) h)0(YZ-A)G Erec—u-I O" e7 ( I -tile or description o attached document) L.�Nr�SuC� b• d�tesi . e � iZftt�� { I ]tie or description ofattached documentcontmued) Number oI'Pages i Document Date AI 19 (Additional Information) CAPACITY CLAIMED BY THE SIGNER Ci Individual (s) Corporate Officer �a r5ide4,1-� Sec,`��Gif j (l itic) tj Partner(s) 11 Attorney -in -Fact 171 Trustee(s) F1 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage e-vac1/7 e s appears above in the notary section or a separate acknoirledgnient %1711 mist be properly completed and attached to that document The only- exception is 1l' a document is to be recorded outside ofC'alifn-ma. In such Instances, an} alternative acknowledgment verbiage as may be printed on such a document so long cap the verbiage does not require the notary, to do something that is illegal for a notarl 117 California (i.e. certifying the authorized capacity o/ the signer). Please check the document carefully for proper notarial wording and attach this fin -in q required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary pubic for acknow ledgment • Date of notarization must be the date that the signer(s) personalh appeared %vhich must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears wNun his or her commission followed by a comma and then your title (notar} public) • Print the name(s) of document signer(s) who personalh appear at the time of notarization • Indicate the correct singular or plural forms bN, crossing off incorrect toms (i c he/she/grey- is /are ) or circling the correct forms. Failure to correctl} indicate 1111, mPonnation may lead to rejection ofdocument recording • The notary seal impression must he clear and photographically reproducible impression must not cover text or lines If seal impression smudges, rc-seal it a sufficient area permits, otherwise complete a different acknow ledgment form • Signature of the notary_ public must match tlic signature on Ifle 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 (f e CE0, ('TO, Secretary) • Securely attach this document to the signed document 2008 Vcr,ion ( APA � 12 10 07 800-873-986y sty v% NotarnClasses coin RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON REACH INTERDEPARTMENTAL. COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: ho SUBJECT: Bond Acceptance I have received the bonds for6 M aloCA �2 x. (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. % Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved 6 -K (Council App oval Date) Agenda Item No. L — O City Clerk Vault No. #27 g1followup/bondletter.doc Cenillicalliom of Compliance with P g Wage Laws To: City of Huntington Beach Department of Public Work 2000 Main ShvWP.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Cash Contract No. 1228 Project: Magnolia Street Sidewalk Project from Pacific Coast Highway to Huntington Channel ...__._..._._� __�,._ City of Huntington Beach The undersigned contractor on the above -ref cod project ("Project") hereby certifies that all laborers, mechanics, apprentices, uaingm, wodbmen lmd guards employed by him or by any subcontractor perfimming work under the contort for the Project have been paid pursuant to the Minimum wage and bona fide fringe bent •requirements specified for each particular classification of work, as set forth in the wage -rate detwainflow 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 tme and comet. Executed this st4 day of f e, �, 20 09„ at Tustin, California. a. Engineering, Inc. (Type Contractor Name) By: L Name: Gennady Chizhik Title: President w-gal -Tt-:S ov,• a'b - a'�* CerdOmdeA of CQMVUXMee WMb Tide VU of the CWH lights Act and al Imploymmat Opportunity Act of 1972 To: City of H natingtoae Beach Dqmtment of Public Wo*s 2000 Main Staoet/F.®. Box 190 Hunfingon Beack CA 92648 Re: Certification of C=p ianc a with Mule V11 of the Civil Rights Act and Equal Employment 0ppormdty,Act of 1992 contort: Cash Contract No. 1228 p ojoot: Magnolia Street Sidewalk Project from Pi- cific Coast Hi hway to Huntington Channel City of Huntim on Beach The undem gaaed cotatmawor on tW above-re&maoed project ('Poyecn hereby oer if es that it has complied with 'rift in[ of &e U4 RWO Act, Go W 0WorhmtY Act of 1972 eend Executive Comer 11246, end hs not &S ' ed easy employee or applicant fox =ploymmt lose of race, creed, color, mac, n&hond ongm, age or dit2bility. The undersigned conowtor also mfifies d* it has not mabitshud any se3gMate d facliities at its establishanents on the basis of race, creed, color, sex, nadev.&I origiaa, age or disability (with the exception of access for the disabkd)., I declare uaade r pamdty of per y emder dw laws of the Stake of California that the foregoing is tnu and cormt. Executed this day of�' 20 09. at Tustin , �ali�rnia GNICEngineering, Inc. �7ypee CcwracPorName) By: yw- Name- Gennady Chizhik ` Title: President CONTRACTOR'S CERTIFICATE I, Gennady Chizhik , state and certify that: (Name of Declarant) 1 GMC Engineering, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. 122s _ (the "Contract") for the construction of the public work of improvement entitled: Magnolia Street Sidewalk Project from Pacific Coast Highway to Huntington Channel City of Huntington Beach (the "Project") 2. Ail work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE'): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Tustin, CA APPROVED AS TO FORM By: raV, A, Name: [Type Name] Title: [Type Title] 245914.1 on this $thday of _F 20 09 (Signature of clarant) !Name: Gennady Chizhik Title: President CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: (Name and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ ❑ SURETY OTHER ❑ ARCHITECT'S PROJECT NO.: N/A CONTRACT FOR: Magnolia Street Sidewalk Project PROJECT: CONTRACT DATED: September 16, 2008 (Name and address) Magnolia Street Sidewalk Project and Pacific Coast Highway to the Huntington Channel Cash Contract Number 1228 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of SYt ety) First National Insurance Company of America 120 Vantis Aliso Viejo, CA 92656 ,SURETY, on bond of (Insert name and address of Contractor) GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as set forth in said Surety's bond Bond No. 6469273 IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: February 9, 2009. (Insert in writing the month foilowed by the numeric date and year.) First National Insurance Company of America (surety) ("40 re o authorized epreentative) Attest: (Seal): Jeffrey R. Gryde, Attorney -in -Fact (Printed name and title) , OWNER, S-21341GEEF 10f01 FRP KNOW ALL BY THESE PRESENTS. POWER OF ATTORNEY No. 9392 First National Insurance Company of America 1001 4th Avenue Suite 1700 Seattle. WA 98154 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint xx•x* *• xa xuxx*•x•xxxxe �• •xxu xa�.x•sx�EFFREY R. GRYDE; Laguna Niguel, California******,*******-)'**************** its true and lawful attorney(s} in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 26th day of January Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2009 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, O The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 9th SEAL S-10490F 1109 -%,_* • day of February 2009 �Xj,kj Dexter R. Legg, Secretary SafecaS and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF State of California County of 0 On February 9, 2009 before me, personally appeared Jeffrey R. Gryde Kathy L. Burnum, Notary Public (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(X) whose name( is/" subscribed to the within instrument and acknowledged to me that hel l executed the same in his/k XU authorized capacity(*, and that by his/kovbwk signattire{K) on the instniment the person(X), 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. KATHY L. BURPfUM WITNESS my hand and official seal. Comy Public #r Californiam Notary PubllC � atltari Orange County CortMMAbarl6 2014� � C-�otarj�'� e►1l►q Signature olNg-4 blic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached doctunent) (Title or description. of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY TEE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Xl Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM _Anr acknowfedgmew cornpleted in California must contain verbiage evacd} as appears abos-e in the notar v section or a separate acknowledgment fornt must be properly completed ajrd attached to that docimrent. The oni} exception is if a docnment is to be recorded outside of Caiifonria. In such irtstfrnces, arr> alternative ne*noriledgment verbiage ns map be printed on such a document so long os the verbiage does not require the notan to do something that is illegal for a noran, in California (i.e- cerlifi'rng the authored eapict�- of'the signer), Plea re cheek the dornmenr carefrdh- for proper notarial wording and attach this form if required. • State and Comity information must be the State and County where the document signer(b) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that die signers) 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 canuiission followed by a comma and then your title (notary public). • Print the narne(s) of document siguer(s) Who personally appear at the time of notarization. • Indicate the correct swgular or plural forms by crossuig off incorrect forms (i.e. k€tshery- is ia+4c ) or circling the correct forms. Failure to correctly indicate this infornitiou may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. hnpre,sion must not cover text or lines. If seal hmpression smudges, re -seal if a sufficient area permits- otherwise complete a different acknowledgment form. • Signature of the notary public must match file 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 docmneut. Indicate title or type of attached docmnent mmnber of pages and dwe- indicate the capacity clairned 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 docmnent ?008 Version CAPA vL.10.07 800-873-9865 www.NotaryClasses,conl Company Profile Page 1 of 2 Company Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO PLAZA SEATTLE, WA 98185-0001 800-332-3226 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the -Agent for -Service of Process? Reference Information NAIC #: 24724 NAIC Group #: 01111 California Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glosspxy. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_prof?p_EID=3075 2/23/2009 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TH Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2009000061072 06:54am 02/11/09 100 211 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: 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 GMC Engineering Inc. who was the company thereon for doing the following work to -wit: MAGNOLIA STREET SIDEWALK PROJECT; CC #1228 That said work was completed January 29, 2009 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 November 12, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 3, 2009. 0,--- Di ctor of P blic Works or City Engineer Ity 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 February 3, 2009. ,or of Public Works or City Engineer of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.o59-TITLE PAGE (R7/95) 2F RECEIVED BY:N CITY CLERK RECEIPT COPY t '�, Return DUPLICATE to � _=� City Clerk's Goias (Name) after signin9* (Date) i , CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha ' reidenrich, City Treasurer FROM: DATE: Z� Q SUBJECT: Bond Acceptance I have received the bonds for 6 Z�� ,Aj (c►w rv) Faithful Performance Bond No. Z//o ?,), z Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. (/ CC No.,j.14 MSC No. Approved of (cm1hCHAvmvm Date) Agenda Item No. 4� --4 City Clerk Vault No. 1 600 #27 qtfollowuplbondetter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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 G �j.� ( , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as _in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and r.­ all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum MJF-uPF-VF-Q1 not to exceed 4yyyw --rVOJG✓�P TR1-L4*%k.0 Dollars ($ flvt-p Fif T-1� OFIJT5 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 (�(S ) sel�� 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. g/agree/surfnet/cityconst 12-07 4 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 the sum of 9� �W Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 g/agree/surfnet/cityconst 12-07 14 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a. court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 42-r"'j 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT 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 g/agree/surfnet/cityconst 12-07 19 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry'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/surfnet/cityconst 12-07 21 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on &BUST 0�20De. CONTRACTOR C3MC Engineering Inc. Tustin, CA 92780 B: Y Gennady Chizhik print name ITS: (circle one) Chairman[. -Pr -es -id -en- Vice President AND By: lxk�' Gennady Ch zhik print name IT'S: (circle one) Secretary Chief Financial Officer/Asst. Secretary - Treasurer g/agree/surfnet/cityconst 12-07 22 INITIATED AND APPROVED: erector of Public Works 01/D 1/ 11 REVIEV}ND PROVED: City Adistrator APPROVED AS TO FORM: L>z- City Attorney SECTION C PROPOSAL .4 GMC Engineering Inc. U01 Warner Avenue, Suite 8 Tustin, CA 92780 for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 REVISED PROJECT DID SCHEDULE -ADDENDA 2 GMG, Engineering Inc, 1401 Warner Avenue, Suite B Tustin, CA 92780 Item ii :Estrin t d .::: fuari�fiy: ; .::::::; :::gt myntWu,nit: dice;::::;;::< ::: .... `:; :; �vr(ie [n wv�ds1npt ::::.::::;:;':::;' ::::::;:;:;: Pr><cerio»nt :_::E:xterided LS t� �✓�01/le� Dollars�j7O Cents ----------------- — Per I'S 2 1 LS Traffic Control Plans @ %��i� %���-S?� Dollars Cents Per LS 3 1 is NPDES ComplianceVV�,qA4/ 7WA*Z� @ �dff' ;'Se 1z-/V .S4e VIC / Dollars / Cents $ � a! 7"!% � $ <J! Per LS 4 80 CY Sawcut and Rernov of Existing Asphalt Concrete @ -n, Dollars $ ��• $ �i ��© �— Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Dollars $ 2 2 • .V $ OSP. ot --- Cents Per LF - 6 325 LF Removal of Metal Beam Guard Rail and Posts @Dollars $ • (3 $ / 25 a/' Cents Per L 7 1645 LF Construct 8" Curb &Cutter per City Std. 202 @ls0'G' i'_ '�.s� - --Dollars Cents Per LF $ ��' �� ��/ $`7...TN3•3 8 12910 SF Construct Sidewalk per City Std. 210 a; %®( ?,ee_ Dollars $ �60 $ 6 iJ6' oc Cents Per SF 9 400 LF ConstructConcrete Gravity Wall (H = 2.5'-37) @/' Dollars $ (f Cents — Per LF 10 1 EA Relocate Fire Hydrant 7-;r'Ze-C- y��rs _, V-e— Dollars Cents $ ®�• $ �� Per LA C-Is REVISED PROJECT BID SCHEDULE -ADDENDA 2 GMG Engineering Inc: U01 Warner Avenue, Suite; Tustin, CA 92780 ........... 11 2 EA Modified Curb Opeging Inlet per Ci Std. 77YZge ce&'24 @ 141W.Ivapt 'k�-e Dollars S Cents Per EA 12 2 EA Furnish and Install 8'X 4'Rip- lZap f4eAluoe Dollars $/lIS00 W!__ $Z,230.6c Cents Per EA 13 2 EA Construct Local Depressions per City Sid. 302 @ IZL Dollars A—'60 7-V 5 05R9 ev 19 oc Cents Per EA 14 1330 CY Import Select Fill Dollars Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence Dollars Cents Per LF V 16 1 LS Install Traffic Striping and Signage er plan OiMC M4WS Z� Dollars @ J k__7 Se V $q.00-0c) $ T, 420 oo .----Cents Per LS 17 275 R & Ik Driveway Approach per City Sid. 209 SF @ % —Dollars Cents $ 6,_,5_0 $4 -749�, 50 Per St'v V 18 53180 Slurry Seal Entire Surface with Type IJ SF Dollars 357 61-3. 00 Cents Per Sr W 19 13930 SF Grind Existing Pavement O.17'Min. @ Dollars 0. IV Cents Per 20 170 TN Install AC Pavement 0. 17' Min. 7A 0, 06e"A 7Y2Ze Dollars $ /2-3. & 0 41,012 PC; -j", /x Cents _TN Per I I C-2s REVISED ]PROJECT DID SCHEDULE -ADDENDA 2 GMG Engineering Inc, 1401 Warner Avenue, Suite S Tustin, CA 92780 Item iJst�rria#ed: Ite.wgth u#; ►rice ...:: ,, .... ....x#ended . tt Qua�rtrty= vvrttte friwds .: `Ugiti?ce :<riount .:: 21 1 LS Obtain Caltrans Encroachment Pelmit @ 0*Dollars $ 050. 00 $ L050' 00 _-- _ Cents Per LS 22 1 LS Install Ped. Light Pole, Luminaire, and Foundation @)r�ejL�-� Dollars $�.� Cents Per LS Install Conduit, Pull -Boxes, Type III Service and Conductors in 23 1 LS New and Existing Conduit � o�d f� @ Y • _.—Dollars $��� ��®. / $bl .��i' �-' Cents Per LS 24 1 LS Traffic contro p @ F;o Q. Dollars S � / Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ C� Dollars $ 2g oo L_ $ 2S 00 _ Cents Per LS 26 4 LF Remove and Replace 6' Chainlink andPosts a / X V"C_ _-Dollars $ 00 219c/• VC) Cents _ Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate (a -)A; ,,e A14414 7.0 ilDollars $ • &o ?s�o• &® Cents Per LS �� 2$ 2 EA Adjust Water Valves to Grade @ he �-� Dollars Cents Per FA 29 1 En Install SCE hand hole covv_er_ @ 2Af ZA446 �-C-i ___- --Dollars 00 Cents Per EA Total Amount Bid in Figures: $ Coo. Total Amount Bid in Words- F,; ,pc�i�/- -•• --��-------------------- ---------------------------- c.� C-3s GMC Engineering Inc, U01 Warner Avenue, Suite B Tustin, CA 92780 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 2, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE —ADDENDA 1 Changed Item No. 16 from `Install Traffic Striping in Kind" to "Install Traffic Striping and Signage per plan". 2) The attached striping and signage plan, date approved July 2, 2008, shall be incorporated into the Project Plans as Sheet 1A of 1A. Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number One, dated July 02, 2008. GMC Engineering, Inc. 0 4 Company Name BY Gennady Chizhik July 3, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. GMe Engineering Inc, 1401 Warner Avenue, Suite B Tustin, GA 92780 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL. CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 8, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE —ADDENDA 2 Changed Item No. 9 Units from "CY" to "LF". Changed Item No. 20 Quantity from "15 TN" to "170 TN" and item description from "inches" to "feet" Bidders shalt submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Two, dated July 08, 2008, GMC Engineering, Inc. Company Name By Gennady ChizAik July 9, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 9, 2008 Notice To All Bidders: GMe Engineering Inc, 1401 Wamer Avenue, Suite 8 Tustin, CA 92780 Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED NOTICE TO CONTRACTOR NOTE ON TITLE SHEET (Sheet 1 of Plans) —ADDENDA 3 Last sentence of Notice to Contractor changed to be consistent with Section C Specifications and is to read:"It is of extreme importance that construction activities do not occur until after September 15, 2008, following the end of the Belding Sparrow nesting season." Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Three, dated July 09, 2008. GMC Engineering, Inc. 1�4 ' ft_ Company Name BY Gennady Chi ik July 10, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. GMC engineering Inc, 1401 Wamer Avenue, Suite 6 Tustin, CA 92780 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 10 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature One (1) 7/3/08 Two. 2 7/9/08 Three 3 7 10/08 C-2 GMe Engineering Inc, 1401 Warner Avenue, Suite B LIST OF SUBCONTRACTORSTustin. CA 92780 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion 'of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor -- MARTINEZ CONCRETE INC. 920 West Foothill Blvd. Azuza, CA 91702 626-334-2979 Lic. # 394471 C8 CONCRETE F LATWORK MACADEE ELECTRICAL 4755 Lanier Road Chino Hills, CA 91710 909-627-1336 Lic. # 583125 ELECTRICAL Doug Martin Contracting Co. Inc 220 E. Foundation Ave La Habra, CA 90631 (714) 441-0513 470131—LiG ORANGE COUNTY STRIPING SERVICE INC. 183 North Pixley Orange, CA 92668 714-639-4550 Lic. # 346095 C 32 State License Number Class `. (op I By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 _ GMC Engineering Inc, 1401 Warner Avenue, Suite B NONCOLLUSION AFFIDAVIT Tustin, CA 92780 TO DE EXECUTED BY BIDDEN AND SUBMITTED WITH DID State of California ss. County of Orange Gennady Chizhik , being first duly sworn, deposes and says that he or she is President of GMC 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. GMC Engineering, Inc. Naive of Bidder a Signature of Bidder Gennady Chizhik GMG Engineering Inc. $401 Warner Avenue, Suite B Tustin, CA 92780 Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY—PIJBLIC SEE ATTACHED NOTARY SEAL C-4 Jurat State of California County of C)(-&,NGe- Subscribed and sworn to (or affirmed) before me on this day of .f , , 20 by proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me. (Notary seal) Signature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED ,DOCUMENT to N A T �'r� is y, f ('fide or description ofattached document) ('Title or description of attached document continued) Number of Pages Document Date (Additional information) -------------- KATNY L. BURNUMM Comn fin a 1705M Notary Public - California Orange County WCOIT11111,89"NOV16.2010 INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth iviihin this Jurat. There are no exceptions. 7/'a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation fi-om the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. q'the document was preciously signed, it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal ifa sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type ofattached document. number ol'pages and date. • Securely attach this document to the signed document 2008 Version CAPA 0.9.07 800-873-9865 www.NotaryClasses.com UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: GMG Engineering Inc, 1401 Warner Avenue, Suite 8 Tustin, GA 92780 The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 1AIAGNOLLk STREET SIDEWALK 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 teen "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to he performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cat -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. GMC Engineering, Inc. Contractor 0 By Gennady Chizhi Title Late: July 15, 2008 resident GMC Engineering Inc., 1401 Warner Avenue, Suite B Tustin, CA 92780 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 0 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 GMC Engineering Inc, 1401 Warner Avenue, Suite B Tustin, CA 92780 C0A1PENSA'F1ON .1NSURA.NCE CERIIFI CATS 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 15, 2008 GMC Engineering, Inc. Contractor By Gennady Chizhik President Title C-7 - GMG Engineering Inc. U01 Warner Avenue, Suite B UNDERGROUND SERVICE ALERT 'Tustin, CA 92780 IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Date: W Contractor LIZ Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 GIVIG Engineering Inc, 1401 Warner Avenue, Suite B Tustin, CA 92780 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GMC Engineering, Inc. Bidder Name 1401 Warner Avenue Suite B. Business Address Tustin CA 92780 City, State Zip ( 714) 247-1040 Telephone Number 739091 A, B State Contractor's License No. and Class 8/11 /1997 Original :Date Issued 8/31/2008 Expiration Date The work site was inspected by Gennady Chizhi4f our office on July 720 08 The following are persons. firms, and corporations having a principal interest in this proposal: N/A C-9 GMC Engineering Inc, U01 Warner Avenue, Suite B Tustin. CA 92780 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. GMC Engineering, Inc. Company Name YM �& Signature of Bidder U Gennady Chizhik Printed or Typed Signature Subscribed and sworn to before me this _ day of , 00_ . SEE ATTACHED NOTARY P 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 SEE ATTACHED 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Pro* ct Manager: Contract Amount Type of Work =1ephone dress of Public Agency No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed Jurat State of California County of ©+-a-NGe.- Subscribed and sworn to (or affirmed) before me on this js-f-- day of 20 by G-e-n1NL-xAu Chiz�i�: proved to me on the basis of satisfactory evidence to be the person�o who appeared before me. Signature (Notary seal) Y 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) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this durat. There are no exceptions. If a Jurai to he completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. in addition, the notary must require an oath or affirrnation,from the document signer regarding the truthfulness of the contents of the document. 7'he document must be signed AFTER the oath or affirmation. If the document was previously signed, it must he re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the names) of document signer(s) who personally appear at the time ol' notarization. • Signature of the notary public must match the signature on file with the office ofthe county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com OWNER ADDRESS OUR JOB# CONTACT PHONE (DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMO KIT 200 E. Anaheim Anaheim, CA 92807 194-05 Dan Debasio (714) 765-5285 State College Blvd. / Ball Road Intersection Improvements 202-06 Dan Debasio (714) 765-5285 Lincoln Avenue Street Improvements 203-06 Dan Debasio (714) 765-5285 Harbor Blvd. / Ball Road Intersection Improvements 204-06 Dan Debasio (714) 765-5285 Lincoln Ave. / Sunkist St. Intersection Improvements 206-06 Keith Laster 714-231-8373 State College Median & Landscape Improvements 209-07 Keith Laster 714-231-8373 U Harbor Blvd. Roadway and Parkway Improvements OWNER City of Brea ADDRESS One Civic Center Circle, Brea, CA 92621 OUR JOB# 173-03 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT State College Blvd./Lambert Rd Intersection Impts. & Brea Blvd. / Central Ave Intersection Impts. OUR JOB# 189-05 CONTACT Raul Lising PE PHONE (714) 671-4450 PTION & CONTRACT AMOUNT OWNER ADDRESS OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns City of Chino 13220 Central Avenue, Chnio CA 91710 165-03 Naghmen Imani (909) 464-8367 Mountain Ave Water Main $ 1,377,713.00 $ 1,678,026.00 $ 394,010.00 $ 421,003.00 $ 1,687,843.50 $ 331,785.56 $ 1,220,294.48 $ 287,506.00 $ 338,020.04 6 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton, CA 92324-2897 OUR JOB# 157-02 CONTACT Amer Jakher, PE PHONE (909) 370-5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OUR JOB# 172-03 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median Improvements $ 351,437.60 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA OUR JOB# 175-04 CONTACT Tom Banks PHONE (714) 754-5029 Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to DESCRIPTION & CONTRACT AMOUNT Arlington $ 193,026.4' OWNER City of Cypress ADDRESS 5275 Orange Ave, Cypress CA 90603 OUR JOB# 164-02 CONTACT Kamran Dadbeh PE PHONE (714) 229-6756 DESCRIPTION & CONTRACT AMOUNT Ball Road Parkway Improvements $ 290,325.37 OWNER City of Downey ADDRESS 11111 Brookshire Ave Downey, CA 90241-7016 OUR JOB# 162-02 & 162A-02 CONTACT Anthony La PHONE (562) 904-7118 DESCRIPTION & CONTRACT AMOUNT Paramount Gateway Streetscape $ 1,132,265.62 OUR JOB# 205-06 CONTACT Jim Bautista PHONE (562) 904-7117 DESCRIPTION & CONTRACT AMOUNT Paramount Blvd. $ 394,771.00 OWNER City of Huntington Beach ADDRESS 2000 Main Street Huntington Beach, CA OUR JOB# 190-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Adams & Brookhurst Intersection Improvements $ 434,974.00 OUR JOB# 195-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Underhill Lane Improvements $ 577,577.50 OUR JOB# 212-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Safe Routes to School, Cycle V - Sowers School $ 274,688.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 - iNGINEERIG It - GENERAL ENGINEERING CONTRACTOR Lie. No. 739091 CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 OUR JOB# 168-03 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT AMOUNT Harvard Blvd Bike Trail $ 329,030.31 OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 OUR JOB# 210-07 CONTACT Louie Martinez PHONE (949) 724-7343 DESCRIPTION & CONTRACT AMOUNT Michelson Drive Improvements (From Royce to University Dr.) $ 497,710.50 OWNER City of Laguna Hills ADDRESS 24035 El Toro Road, Laguna Hills, CA 92653 OUR JOB# 196-05 CONTACT Kenneth Rosenfield PE PHONE 949-707-2655 DESCRIPTION & CONTRACT AMOUNT Intersect Wide/Pvmt Resurf & Median Impts Molton Pkwy $ 1,064,003.60 OWNER City of La Mirada ADDRESS 15515 Phoebe Ave La Mirada, CA 90638 OUR JOB# 155-02 CONTACT Gary Sanui PHONE (714) 522-6821 Rosecrans Pavement & Median Reconstruction Valley View to DESCRIPTION & CONTRACT AMOUNT Biola $ 525,467.27 OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Our Job # 160-02 CONTACT Marc Changon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT Improvement of El Paseo Roadway & Traffic Signal Impts $ 223,734.33 Our Job # 171-03 CONTACT Marc Chagnon PHONE (949) 470-3091 Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & DESCRIPTION & CONTRACT AMOUNT Alicia Pkwy Median Landscaping $ 396,256.58 OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 Our Job # 179-04 CONTACT Robert Stein P.E. PHONE (949) 644-3322 DESCRIPTION & CONTRACT AMOUNT Newport Blvd. / Balboa Blvd. Merger (Mixmaster) $ 273,625.75 Our Job # 211-07 CONTACT Andy Tran P.E. PHONE (949) 644-3315 DESCRIPTION & CONTRACT AMOUNT Superior Avenue Median Improvements $ 634,118.50 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramount, CA 90723 OUR JOB# 167-03 CONTACT Robert French — Willdan & Associates PHONE 562-714-5599 Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison DESCRIPTION & CONTRACT AMOUNT Streets $ 867,957.00 OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 174-04 CONTACT Juan Rojas PHONE (951) 826-5236 $ 330,076.68 DESCRIPTION & CONTRACT AMOUNT Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy OUR JOB# 176-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 OWNER City of Torrance ADDRESS 3031 Torrance Blvd., Torrance Ca 90503 Our Job # 166-03 CONTACT Sandy Cohen PHONE (310) 618-2824 Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection DESCRIPTION & CONTRACT AMOUNT Improvements $ 336,841.11 OWNER City of Upland ADDRESS 1370 N. Benson Ave Upland, CA 91786 OUR JOB# 177-04 CONTACT Alex Qishta PE PHONE (909) 931-4272 DESCRIPTION & CONTRACT AMOUNT Foothill Blvd. Medians $ 110,073.96 OWNER City of Wesminster ADDRESS 8200 Westminster Blvd. OUR JOB# 197-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT Westminster Blvd. Median Improvements from Beach to Edwards $ 2,100,000.00 OUR JOB# 198-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT City Hall North Parking Lot Improvements $ 287,287.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 169-03 CONTACT Fernando Saldivar PHONE (714) 961-7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 OUR JOB# 207-07 CONTACT Mark Stowell PHONE 714-961-7172 DESCRIPTION & CONTRACT AMOUNT Esperanza Road Mitigation Project $ 4,137,990.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 493 I11mhlyn kvous 144 eta, WA 98103 010 BOW KNOW ALL BY THESE PRESENTS, That we, GMC Engineering. Inc. of 1401 Warner Avenue, Suite B, Tustin, CA 92780 Nereloafier called the pre t), as Fr6—ipa , and Fiur R-AMN E COMPANY —OF AMUICA, 7,&-fftle, Washington, a amperat%n duty organized under the laws of the State of Washingtoe *a Surety, hereinafter called the Surety, are Imid sad firmly bound unto the City of Huntington Beach -- (hMiuftw nailed the obligee) in th penal sum of Ten Percent of the Total Amount Bid ------ -------------------- ------------------------------------------------------------ ----------- Dollars 4 10% for the payment of which the rGc pa and the Surety bind themselras, their heirs, oxw0prs, s m trators, sags and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIOATION IS SUCH, That Whereas, tb® Principal has submitted Qr im about to submit a gruel to the Obligee on a amtraat for Magnolia Street Sidewalk Project from Pacific Coast Highway to the Huntington Channel Cash Contract No. 1228 NOW, THEREFORE, If 1h4a said Contraot be timely awarded to the Frineipal and the Principol shell, within such time as may be specifial, enter [at* the contract in writing, wad give band, if band is regbirod, with surety ttaaopiable to fire Obligea for rho faithful performance of the sakl Coniraat, then this obligation shelf ha void; otherwise to remain is full faros and affect. Signed and sealed this 14th day of July, 2008. GMC Engineering, Inc. (seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMFMCA By z/'S ,Zye " effrey R &ryde Attorney -in- act' 8-32OVEP 1104 �_{,'--p_�"^'='o21, POWER First National Insurance CompanyofAmerica =4LOF ATTORNEY Safece Plaza . � Beattie, WA 98185 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***********************************JEFFREY R. GRYDE; Costa Mesa, its true and lawful attorney(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th STEPHANIE DALEY-WATSON, SECRETARY day of October _ � r 2006 TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th day of July 2008 A rulrq 11 SEAL 'f,1928*4 � STEPHANIE DALEY-WATSON, SECRETARY ri °tt6A S-10491DF 4/05 4 9` Safeco0 and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF y — , CALIFORNIA JtO ALL-PURPOSE ACKNOWLEDGMENT � :a3A�,��• �,.• �•,:�a.A a3..ca. �> �a � .aa. s... � �aS,_�.,�',.�a. �n',�ae.�.,�� a a .,cad. H a. za .a.�. �a _ '•a �.�aa State of California County of kNI� , On July 14, 2008 before me,C)n l �b n e -Ton '_� , e !ja(9 Date _ Here Insert Name and Title of the Officer ��....11 personally appeared CHRISTINE JANE THATCHER Commission # 1716548 -4; Notary Public - Collfornla Z ' Los Angeles County Mycomm. 80res JM 26, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person jK whose name(,) is/ar-& subscribed to the within instrument and acknowledged to me that he/sheA4ey executed the same in his/h@A"ir authorized . capacity(aes), and that by his/hen4heiFsignatureW on the instrument the person(k, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California thate foregoing paragraph is true and correct. WITNESS my hand ar)d official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT_ UMBPRINT'i !OF° SIGNER' '' Top . 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 - www.NabonalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 � t R IN W'S .. � ; I I li Y State of California County of Qca.i\ q Q On T(A I V / Q00k before me, X%_HXV �_. j80 rA)Ufh , A) (Here insert name and title ofthe personally appeared _ _G-_e_N/,,) o_Jv Chi` Zki` k who proved to me on the basis of satisfactory evidence to be the person(o whose named is/4pe'subscribed to the within instrument and acknowledged to me that he/>he1berexecuted the same in his/ham authorized capacity(iei5), and that by his/hetl'tJooir signatures on the instrument the person(s), or the entity upon behalf of which the person(4acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WHY L. SURNUM to Conlir»laslon # 1705346 WITNESS my hand and official seal. Notary Pub#c - CaMornia l /� Orange County (Notary Seal) Signature o , 'ublic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT - -- - d �_ ors 01 (title or description of attached document) ( htic or description of attached document continued) Number of Pages C Document Date % `/ (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) K Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact L1 Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain rcrbiage exactly as appears above in the notary section or a separate acknoirledgmem form must he properly completed and attached to that document. 7'he only exception is if o document is to be recorded outside of California. In such instances, an ahernative acknowledgment verbiage as may be printed on .rush a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must he 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(, f 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 signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing MI incorrect forms (i c 4e{she/they;- is /afe ) or circling the correct kwins failure to correctly indicate this information may lead to rejection ofdoeument recording • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines_ If seal impression smudges, re -seal it a sufficient area permits, otherwise complete a different acknowledgment Iorm. • Signature of the notary public most 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 dif tcrcnt document_ Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacty is a corporate officer, indicate the title (i_e_ CEU_ CiY). Secretary)_ • Securely attach this document to the signed dOCumem 2008 Version CAPA v 12. 10.07 800-873-9865 www_Notary Classes. coin GMT Engineering Inc. MOO WwerAmue,,Suite B Tusun, CA 92780 2008 JUL 1 S P,1 1: 4 a City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 8, 2008 GMC Engineering, Inc. 1401 Warner Avenue Tustin, CA 92780 Attn: Gennady Chizhik Re: Magnolia Street Sidewalk Project — CC-1228 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. if your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, I gC ity ClerkmJ490") JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister CiRNJOAM�70T�Wam"MfAtke4F, New Zealand (Telephone. 714-536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at (Type Contractor Name) By: _ Name Title: [Type Name] [Type Title] California. P CITYffA RN�EY _FUS o3- arb - tSty 2475421 t 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R 4 n A ORNEX 3 �fb-UP 2459(LT CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE" ): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of , 20 By: /a Name: [Type Name] Title: [Type Title] (Signature of Declarant) I 2459141 0Hunfi ity INSURANCE AN I EMNIFICATION AIVEn Beach MODIFICATION E U EST LI Il E MV 1. Requested by: Public Works 2. Date: September 25, 2008 OCT ®� ��� 3. Name of contractor/permittee: GMC Engineering City of Huntington Beau, City Attorney's Office 4. Description of work to be performed: Magnolia Street Sidewalk Project 5. Value and length of contract: 75 days; $437,000 6. Waiver/modification request: $5,000 GL Deductible 7. Reason for request and why it should be granted: unable to comply with zero deductlbe 8. Identify the risks to the City in approving this waiver/modification: N/A Head Signature Date. - APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and th# City Attorney's Office disagree. 1. Ri k Management Approved ❑ Denied 1,47 ldq Signature Date 2. City Attorney's Office Vl" Approved ElDenied In tee_ Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources r Client#: 12366 GIVIGENGINt DATE ACORr. CERTIFICATE OF LIABILITY INSURANCE 09/22/08D/YY> PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T Insurance Svcs of CA Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 Fullerton, CA 92834-9409 INSURED GMC ENGINEERING, INC. 1401 Warner Avenue #B Tustin, CA 92780-4116 COVFRGGFR INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Casualty Co INSURER B: ACE Property & Casualty Insurance Co INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER `POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY A GENERAL LIABILITY ! DTECO5206C39ATIL08 106/25/08 06/25/09 EACH OCCURRENCE- I $1,000,000 FIRE DAMAGE (Any one fire) $300,000 X ICOMMERCIALGENERAL LIABILITY CLAIMS MADE -X OCCUR , X PD Ded:5,000 -_ - - MED EXP (Any one person) 11 PERSONAL & ADV INJURY $5 000 $1,000,000 GENERAL AGGREGATE $2 000,000 j I i 'iGEN'L AGGREGATE LIM ITAPPLIES PER: - PRODUCTS- COMP/OPAGG $2,000,000PRO- I POLICY �', X JECT I--, LOC - ---- -_-- A AUTOMOBILE LIABILITY BA5206C39AO8CNS 06/25/08 X ANY AUTO 106/25/09 COMBINED SINGLE LIMIT (Ea accident) $1 0 $1,000,000 ALL OWNED AUTOS ._-I SCHEDULED AUTOS APR ED AS ,0 F+'p/n.�RM BODILY INJURY (Per person) $ - BODILY INJURY (Per accident) -- $ X - HIRED AUTOS I CCC\\\� X _'�, NON -OWNED AUTOS r�., _ - - £G 1-1, City A4;y ( U 9 tQ (Q I b (I PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY j AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC_ AUTO ONLY: AGG -' ANY AUTO $ A EXCESS LIABILITY DTSMCUP5206C39ATIL 1 06/25/08 ' X :. OCCUR --� CLAIMS MADE 06/25/09 1 EACH OCCURRENCE AGGREGATE $1,_000,000 A 0 00,000 $ ICI----..—..----------I DEDUCTIBLE $ X �'1 RETENTION $$10,000 B WORKERS COMPENSATION AND i C45024568 ; 10/01 /07 EMPLOYERS' LIABILITY 10/01 /08 X I WC STATU- IOTH- -__�TORY-LIM-IITS-__LER E.L. EACH ACCIDENT $1,000,000 jE.L.DISEASE - EA EM_PLOYEE_I$1,000,000 E.L. DISEASE -POLICY LIMIT I $1,000,000 j A OTHER Equipment !QT6606069C455TIL08 06/25/08 06/25/09 Deductible $1,000 Rented/Leased $150,000 Max per item DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Magnolia Street Sidewalk Project from Pacific coast Highway to the Huntington Channel; Cash Contract Number 1228 The City, its officers, elected or appointed officials, employees, agents, and volunteers are named as additional insureds as respects general and auto liability and this insurance (See Attached Descriptions) CERTIFICATE HOLDER :ADDITIONAL INSURED;INSURERLETTER: CANCELLATION Ten Day NoticeNon-Payment SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WIWXW)MXM TO MAIL30 DAYS WRITTEN 2000 Main Street NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,jQ PO Box 190 yaurcoWaatcx�xnaxx�cxxuaxxaa�axx7ax rrnax Huntington Beach, CA 92648eRervxacatvoL�c AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 3 #S457999/M447296 GAGAB © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7097)2 Of 3 #S457999/M447296 DESCRIPTIONS (Continued from Page 1) I is primary and noncontributory with any other insurance of the additional insured as required by written contract, per endorsements attached. AMS 25.3 (07/97) 3 of 3 #S457999/M447296 POLICY NUMBER DTF-005206C39ATIL08 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Location And Description of Completed Operations: Magnolia Street Sidewalk Project from Pacific coast Highway to the Huntington Channel; Cash Contract Number 1229 Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 DTEC05206C39AT1 L08 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES'THE POLICY. PLEASE READ IT CAREFULLY, UAM �I '�• � � 'M_- �,, i �. �? i it �, i � �r' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section If — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to li- ability arising cut of your ongoing operations per- formed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 9 ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: BA5206C39A08CNS COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. n Endorsement Effective: Countersigned By: 6/25/08 %M� . Named Insured: GMC Engineering Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY' OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD." (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ RECEIVED BY: (Name) (Date) _0 k- 15 Ell CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating W71111,411 01,411;�. JAVY&I., wiawsffi�MN TO: har reidenrich, City Treasurer FROM: .� / 6�1b< DATE: / 0 LX, g�� 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 (Cou cil Approval Date) J _ (Company Name) Agenda Item No City Clerk Vault No zoo �/PbOo #27 g1followup/bondletter.doc Bond No, 6469273 Premium: Included MN AF, 4 i A1IR-[ �7 (LABOR AND MATCRIAL ) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City') has awarded to GMC Engineering, Inc. 1401 Warner Avenue, Suite B, Tustin, CA 92780 (name and address of contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Magnolia Street Sidewalk Project and Pacific Coast Highway to the Huntington Channel__ _ Cash Contract Number 1228 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and First National Insurance Company of America 120 Vantis, Aliso Viejo, CA 92656 (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 Four Hundred Thiq Seven Thousand and 50/100 --------------------------------------------------------------------------- dollars, ($ 437 000.50 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, z77ss9, PAYMENT BOND Page 1 of 2 Bond No. 6469273 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated; September 23, 2008 ATTEST GMC Engineering, Inc. (Corporate Seal) 1401 Warner Avenue, Suite B, Tustin, CA 92780 (Principal Name) By: 14 Name: (:ennady Chizhik Its; President _ ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) First National Insurance Company of America 120 Vantis, Aliso Viejo, CA 92656 (Surety Name) By: ���..�.• Nar eelJ—a re R. Grime, Attorney -in -Fact (Signature of Attomey-in-Fact for Surety) ( 949 ) 860-6620 (Area Code & Telephone dumber of Surety) APPROVED A5 TO FORM: CITY OF HUNTINGTON BEACH By' It ennifer Mc rath f ity Attorney S! t 5l6, 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. PAYMENT BOND Page 2 of 2 First National Insurance Company of America POWER Safeco Plaza ZVIOF ATTORNEYSeattle. WA 98185 No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *********************-`*************JEFFREY R. GRYDE; Costa Mesa, its true and lawful attorney(syin-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of October 2006 STEPHANIE DALEY•WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA; "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of September 2008 . y 1928 . STEPHANIE DALEY•WATSON, SECRETARY S-1049lDF 4/05 SafecA and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF State of California County of rBrnQ �� On September 23, 2008 before me, cbo :` b ri C-Tone-Th4d erg a I Date Here Insert Name and Title of the Officer personally appeared sletff ee F, de- ame(s) of Signer(s) CHRISTINE JANE THATCHER Commission # 1716548 Notary Public - California z Z ' p Los Angeles County My Comm. Expires Jan 26, 2011 who proved to me on the basis of satisfactory evidence to be the personok whose name(, is/af& subscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in his/hef*eir authorized capacity(4ee), and that by his/hei;Aheip signature(g) on the ` instrument the person(k, or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the f going paragraph is true and correct. _ . . / WITNESS my hand and Signature Place Notary Seat Above ign of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ - ❑ Partner — El Limited El General _ El Attorney in Fact • -- ❑ Attorney in Fact '- ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of b ,jQeIli - On Sbe� aY. Ooog before me, (Here insert name and title of the personally appeared &C NNC"dv Ch, Z—A < who proved to me on the basis of satisfactory evidence to be the person(sj-whose name(e is/y.-esubscribed to the within instrument and acknowledged to me that helsWIheyexecuted the same in his/,l tH1hiFir authorized capacity(ies , and that by his/bartheir signature(R�on the instrument the person(,*); or the entity upon behalf of which the person(.& acted, executed the instrument. 1 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. Signahir , y Public KATHY L. SURNUM ComMISSIon * 1705358 Notary Public - California g Orange County wommmNr>v16,2010 �pw (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TH1E ATTACHED DOCUMENT P J ('fitl - or description) of attached document) � L-A_6_0(' a N G M c,+er a. Is J ( fitle or description of attached document continued) Number of Pages ;i- Document Date a3 C>§ (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer fe S;C4e-1J (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 it a document is to be recorded outside of California. In such instances, anv alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal.lbr a notary in California (i.e. certifying the authorized capacity of the signer). please check the document carefully for proper notarial wording and attach this form if requtred. • State and County information must be the State and County where the doormen( signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tlwe - 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 acknowledgincnt form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional infonmation 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. CI-O, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Bond No. 6469273 Premium: $4720.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, bywritten agreement dated September 16th, 20 08, entered into a contract with GMC Engineering, Inc. 1401 Warner Avenue, Suite B, Tustin, CA 92780 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Magnolia Street Sidewalk Project and Pacific Coast Highway to the Huntington Channel Cash Contract Number 1228 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and First National Insurance Company of America 120 Vantis. Aliso Vieio. CA 92656 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety") as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Thirty Seven Thousand and 50/100--- ------------------------------------------------------ Dollars ($ 437,000.50 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every, description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and z77sv, F PERFORMANCE BOND Page 1. of 2 ti Bond No. 6469273 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: September 23, 2008 ATTEST GMC Engineerin , Inc. 1401 Warner Avenue, Suite B, Tustin, CA 92780 (Co,rPpr8te Seal) (Principal Name) By: Name; Gennadv Chizhik Title: President ATTEST First National Insurance Company of America 120 V iAntm_a. Aloso VNeJ!,rA 92656 (Corporate Seal) (Surety Name) By: Name: J re e, Attorney -in- act (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (949) 860-6620 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH By. ennifer Mc athh51b� 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 attomey-in-fact must be attached. z�tsgi.i PERFORMANCE BOND Page 2 of 2 2 or KNOW ALL BY THESE PRESENTS - POWER OF ATTORNEY No. 9392 First National Insurance Company of America Safeco Plaza Seattle. WA 98185 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***********************************JEFFREY R. GRYDE; Costa Mesa, its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th STEPHANIE DALEY-WATSON, SECRETARY day of October , 2006 TIM MIKOLA3EWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd SEAL 1928 day of September 2008 46Xf STEPHANIE DALEY-WATSON, SECRETARY S-1049/DF 4/05 " Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF who proved to me on the basis of satisfactory evidence to be the person whose name(A 0 is/afe subscribed to the within instrument and acknowledged to me that he/she>414ey executed the same in his/he eir authorized capacity(4es), and that by his/her,4heir=signature(A) on the CHRIS7INE JANE THATCHER Commission # 1716548 instrument the person(W, or the entity upon behalf of Notary Public - California which the personO acted, executed the instrument. Z ' Los Angeles County z MYCornm.Expires Jan 26,2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the for ing paragraph is true and correct. WITNESS my hand and officia s al. Signature - Place Notary Seal Above .- - ture of Notary Public OPTIONAL . Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General -' ❑ Attorney in Fact a - - ❑ Attorney in Fact a ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CERTIFICATE OF ACKNOWLEDGMENT State of California County of OCO, e On 0abefore me, &A/-,jLt&\> A)b1w,y Pub (Here insert name and title of the offic(r) personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose name( is/are subscribed to the within instrument and acknowledged to me that he%sJ+en/they executed the same in his/berftheir authorized capacity(ios), and that by his/her/*rer signatures on the instrument the person(', or the entity upon behalf of which the person(s�-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY L. BURNUM Commission * 1705358 WITNESS my hand and official seal ,�+► Notary Public-Caltlomia orange County e jI WComm=14006,2DIO �7 (Notary Seal) signat�trs���Public ADDITIONAL, OPTIONAL. 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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 Council/Agency Meeting Held: e 0r Deferred/Continued to: VAppWved„ ❑ Conditionally Approved ❑ Denied Council Meeting Date: 8/4/2008 rk)(Sign Departmen-TID Number: PW 08-52 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PREPARED BY: SUBJECT: PAUL EMERY, INTERIM CITY ADMINISTRATOR TRAVIS K. HOPKINS, PE, DIRECTOR -OF PUBLIC WORKS Award Contract for Magnolia Street Sidewalk Project, CC-1228 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 15, 2008, bids were opened for the Magnolia Street Sidewalk Project, CC-1228. Staff requests that City Council award the contract to GMC Engineering, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $535,000 are budgeted in the Southeast Coastal Redevelopment Project Area (SCRPA), Street Improvement Account No. 315801.01.82300. The engineer's estimate for the Magnolia Street Sidewalk Project was $523,300. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Magnolia Street Sidewalk Project, CC-1228; 2. Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc., in the amount of $437,000.50; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-52 Analysis: The City's objective with this project is to address pedestrian movement along Magnolia Street. The project will construct new sidewalks on both sides of Magnolia Street from Pacific Coast Highway to the Huntington Channel. The project consists of the installation of sidewalks, curb and gutter, and a pedestrian lighting system alongside the existing paved street within the existing street right-of-way. The project also includes the installation of a 42-inch high fence on both sides of Magnolia Street, two catch basins and two lookout points. Bids were opened publicly on July 15, 2008, and are listed in ascending order: Bidding Contractor Bid Amount Bid Amount Corrected 1. GMC Engineering Inc. $437,000.50 No Correction 2. EBS Inc. $439,900.00 No Correction 3. Alliance Streetworks, Inc. $517,704.00 No Correction 4. All American Asphalt $545,265.80 No Correction 5. BNB Engineering Inc. $770,000.00 No Correction 6. Southland Construction $697,755.00 ' Not on Addenda 2 Bid Schedule as required Bid amounts were verified. The reference check for GMC Engineering Inc. provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract to GMC Engineering Inc. With contingency and supplemental expenses including City purchase 'of pedestrian light poles, luminaries and an electrical service pedestal, the full project cost is estimated to be $535,000. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on June 21, 2006, with a vote of 5-0-2 (Scheid and Spencer absent). Environmental Status: The work will be within existing right-of-way and on existing City facilities and pursuant to the California Environmental Quality Act. A Notice of Determination for Coastal Development Permit No. 06-005 and Mitigated Negative Declaration No. 06-004 for the Magnolia Street Sidewalk Project were approved with findings including no construction during the Belding Savannah sparrow nesting season between February and early August. Attachment(s): -2- 7/16/2008 2:35 PM ATTACHMENT #1 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for Magnolia Street Sidewalk Project COUNCIL MEETING DATE: August 4, 2008 g "RC 'A' Gq=STATUS: Ordinance (w/exhibits &legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: J. Wagner Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter, I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in. the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): June 26, 2008 July 3, 10, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 10, 2008 at Huntington Beach, California c! � Signatu NOTICE INN TING SEALED BIDS far the MAGNOUA STREET SIDEWALK PROJECT ' ' CASH CONTRACT No.1228. in the CITY OF HUNTINGTON BEACH PUBLICNOTICE IS HEREBYGIVENthat the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated, project and will receive such -bids in the office of the City Cle'rk, Second' Floor,, 2000 Maim Street, Huntington Beach," California 92648, up to the hour of 2:00 PM on July 15, 2008. Bids will be publicly open 'in the Council Chambers unless otherwise 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 $35.00 nonrefundable fee if picked up, or payment of a $60.00 no fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant -to this notice will, incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem' wages for each craft, classification or type of workman needed to execute the contract shall be those [ determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all .progress 'payments. -The Contractor may substitute an escrow holder surety of -equal value to the retention in accordance with the provi- sions 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. 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 at the time of the bid opening. The successful Contractor, and his subcontractors will be required to possess business licenses from the AGENCY. 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 4th day. of September 2007, by Resolution No. 2007-55. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent June 26, July'3, 10, 2008 na4-am Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am- the Citizen of the United States and a resident of the County aforesaid; I am over theage of eighteen years, and not a party to_ or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): June 26, 2008 July 3, 10, 2008 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 10, 2008 at Huntington Beach, California r Sign ure ---------- , NOTICE INVITING SEALED BIDS for the WALK MAGNOUA STREET SIDEPROJECT CASH CONTRACT No.1228. in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE 1S HEREBY GIVEN. that *the CITY OF HUNTINGTON BEACH, as AGENCY,. invites sealed bids for the above stated project and Will "receive, such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of-2:00 PM, on July 15, 2008: Bids will be publicly open in the Council Chambers unless , iotherwise posted. Copies of the Plans, Specifications, and con- I tract documents are available from. the Office of i the' Director of Public Works, 2000 Main Street, I Huntington Beach, CA 92648, upon payment'of a. $35.00 nonrefundable fee if picked' up, or payment of a $60.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or -any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California,' the minimum prevailing rate rof per, diem wages for i each craft, classification or type of workman needed to execute the contract ;shall be those determined by the Director of Industrial Relations of the State of California, which are on fileiat the Office of the Director. of Public„Works, 2000 Main Street, Huntington Beach, CA:92648. ' . The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provi- sions 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 businessenterprises' will be, afforded full opportunity to 'submif 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. 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 at the time of the bid opening. The successful Contractor and' his subcontractors will be required to Possess business licenses from the AGENCY. 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 4fh day" of September 2007,` by Resolution No. 2007-55. Attest: Joan L. Flynn. CITY CLERK -OF THE CITY OF HUNTINGTON BEACH 'Published Huntington Beach'Independent June 26, July,3, 10,2008 064-907 LDS f- MAGNOLIA STREET SIDEWALK PROJECT CC-1228 Contact: James Wagner Bid Due Date: 7/15/08 Phone: (714) 536-5467 Addenda: 3 Email: jwagner@surfcity-hb.org Cost of Plans: $35 1 law "-- - well, All American Asphalt Bid W-un.-ICorrec S ed $�R KRank 2 3 Alliance Streetworks, Inc. Ark Contractor Company 5/ 7 7 D 4 BNB Engineering Inc. 5 California Engineering & Contracting, Inc. 6 Chrisp Company 7 CJ Construction 8 CS Legacy Construction, Inc 9 Damon Const. Co. 10 EBS Inc. 4 Qo2- 11 GMC Engineering Inc. v 12 jdc. inc. 13 JFL Electric Inc. 14 LaStrada Contracting 15 - Nobest, Inc. _ 16 Pavement Recycling Systems, Inc. 17 R.D.H. General Engineering 18 S. Parker Engineering 19 Savala Construction Co., Inc. (� �! 20 Southland Construction S [ 21 , SRD Engineering Inc Steiny & Company ; 22 23 Sully Miller Construction Co. tv G:\Construction Contracts (CCs)\CC1228 Magnolia St Sidewalk\Jobhouse\Bid Opening List 7.15.08 1 of 1 7/15/2008 MAGNOLIA STREET SIDEWALK PROJECT CC-1228 V/ Contact: James Wagner Bid Due Date: 7/15/08 Phone: (714) 536-5467 Addenda. 3 1 2 Email: jwagner@surfcity-hb.org g ff&•xi. �C� <R._x,..e«i..R.a,,....: _- •���� All American Asphalt Alliance Streetworks, Inc. v ���� V 5' Q Cost of Plans: $35 I CiIE)~� ..a.3w<wt�: w,;:f v.,_..u1i - ww � .w.r..h.... 3 4 Ark Contractor Company BNB Engineering Inc. (� , 5 California Engineering & Contracting, Inc. 6 Chrisp Company 7 CJ Construction _ 8 CS Legacy Construction, Inc . 9 Damon Const. Co. 10 EBS Inc. ,. 11 GMC Engineering Inc. 12 jdc. inc. 13 JFL Electric Inc. _ 14 LaStrada Contracting 15 Nobest, Inc. _ 16 Pavement Recycling Systems, Inc. 17 R.D.H. General Engineering 18 S. Parker Engineering 19 Savala Construction Co., Inc. 20 Southland Construction IVa f hC®�r�G fC GC 21 , SRD Engineering Inc Steiny & Company - - - - - - - - - _.... -_... - - 22 23 Sully Miller Construction Co. I G:\Construction Contracts (CCs)\CC1228 Magnolia St Sidewalk\Jobhouse\Bid Opening List 7.15.08 1 of 1 7/15/2008 D- R E 0 E I V "El D 2008 JUL 15 PM 1: 59 Y C L 6 1 y OF HUNTIN'GTONJ BEACH R E f (7 R� 2008 JUL 15 FM 2100 ClTf CLERK ,I -I. y OF HUNTINIGTOPN BEACH cn zo, -a FOECITY OF HUNTINGTON BRa MVE 2000 Main street 2008JUN23 PM 3:09 P. 0. Box 19 0 �s•r f,i• a f; �+nr 0i I C:..rTi1K Huntington Beach, CA 92 64 8 CIT`'0F HUNTMIGTON BEACH LETTER OF TRANSMITTAL Attention: Joan L. To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: June 23, 2008 Project/C.C. No.: C.C. No. 1228 Regarding: Magnolia Street Sidewalk Proiect ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages 'Description 1 1 1 Notice Inviting Sealed Bids for CC-1228 2 (Magnolia Street Sidewalk Project 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolutions 2006-56 and 2007-55(adopted on 9/5/06 and 9/4/07, respectively), the City Council authorized the advertisement of the above listed street improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 6/26/08, 7/03/08 & 7/10/08. The bid opening is scheduled for 7/15/08 at 2:00 PM. Please contact me at 536-5467 with any questions you may have. By: W m Wagner, Senior Civil Engin c: file GACONSTRUCTION CONTRACTS (CCS) \CC1228 MAGNOLIA ST SIDEWALK\ADVERTISEMENT\NISB TRANSMITAL TO CLERK—CC-1228.DOC SECTION A NOTICE INVITING SEALED BIDS for the MAGNOLIA STREET SIDEWALK PROJECT CASH CONTRACT No. 1228 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 project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on July 15, 2008. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% 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. 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 at the time of A-1 the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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 4th day of September 2007, by Resolution No. 2007-55. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 UNSUCCESSFUL BIDS CC-1228 Magnolia Street Sidewalk Project City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 2, 2009 Elite Bobcat Service, Inc. 1320 E. Sixth, Ste. 100 Corona, CA 92879 RE: CC-1228 — Magnolia Street Sidewalk Project Enclosed please find your original bid bond for CC-1228. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiq.1ioi%4W,,Wi�,$Rt/,etNi�gWRocNew Zealand ( Telephone: 714-536-5227 ) I LELITaOSCAT SERVICE, GENERAL ENGINEERING- 7320 E. SIXTH, SUITE 100 4 CORONA, CA 92879 Tel: (951) 279-6869 e FAX: (951) 279-6832 SEALED BID FOR Magnolia Street Sidewalk Project Contract No. 1228 SECTION C PROPOSAL. for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 REVISED PROJECT RID SCHEDULE -ADDENDA 2 :Tteiii::: :;::::: s#Eli►ate}1::::::::::::::::::::::::::7�f • u itt�iy t>i: th:ll>i�t: r::::::::::::.:::::::::::•:::•:•:::;::::::;:::::::;:;:;:::;:::::::::::....; .....................................•...•.•..... :.........::::wrrtteh:>En_vry • S:::.:.:.:.:.:.:.:.:.:.:.:.:...:.:.::.:.:=:::::.. . ..�'. C8 ..:....... :::::Eat ded::::: 011 ...• 1 1 LS Mobilization r @a-11��------_ 7% Ve— 46us a ✓t �+ Dollars Cents E Per LS 2 1 LS Traffic Control Plans @ N T fJc Tl tnvSA a 0 Dollars $ COO $ Cents Per LS 3 1 LS NPDES Compliance @ I ¢&C h0gSA AJ _ Dollars $ 30! 0 — do ID Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ d t: �unte�rL[cD 4,pg Dollars (p Cents - 00 $ t 30-' 6 $ 10400� Per CY J� 5 1380 LF Removal of Existing Concrete Barrier @ W S P.T j Dollars s?D . $ 20 $ 27 coo Cents Per LF —� 6 325 LF Removal of Metal Beam Guard Rail and Posts @ RAA6 Dollars $ $ % . c6 Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202 @ /� � E� ;C� n� Dollars $ �_ $ l is S Cents Per LF S 12910 SF Construct Sidewalk -per City Std. 210 @ 1 +FR+=� Dollars S $ 2s$730� Cents Per SF 9 400 LF Construct Concrete Gravity Wall (H = 2.5'-3.7') @ 'N1-XMFT`9-/ Dollars 00 $ O $ 360Q�,� (� Cents Per LF 10 1 EA Relocate Fire Hydrant @ STn 1 mgMg A.)n i;%A 9aiAQ¢0 Dollars $ (500 $ (0 Jco §S Cents Per EA C-1s REVISED PROJECT BID SCHEDULE -ADDENDA 2 . ....... ................ .......... ............. — ...... ............... ............ .....n.................. ..... ....... 11 2 EA Modified Curb 0pening Inlet per City Std. 301 @ 5Xx Tm,,4%A,4a Dollars VIP $ $ 130=- 0 Cents Per EA 12 2 EA Furnish and Install 8'X 4'Rip-Rap @ —iff'Ei—r Dollars $ Beim, —Cents Per EA 13 2 Construct Local Depressions per City Std. 302 EA @S&,x_m Asmimio 7wsv4sj-T;,,,F_ ollars $ '72.5 $1450— Cents Per EA 14 1330 Import Select Fill CY @ Dollars $ 4 S $ slmr Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence @ j7ae,ti,rj eg;Qttr Dollars :29 $ 14 *t'94 0. Cents Per LF 16 1 LS Install Traffic Striping and Signage per plan @ E-s.6 If r Cre.Kr —R.AAGWEDollars go— $ 49%m $ Cents 14 Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @ AiT Nr< Dollars qq $ $ 2475 COD, Cents Per SF 18 53180 Slurry Seal Entire Surface with Type 11 SF @ 0 Dollars $ 5o $ 2 61511022 V !I Cents Per SF 1 19 13830 SF Grind Existing Pavement 0.17'Min. @ Dollars $ -55 $ qS40 �ggll Cents Per SF 20 170 TIN Install AC Pavement 0. IT Min. @ awm%_60 I Dollars $ 110 $ I'S'no §1� Cents jPer TN C-2s REVISED PROJECT BID SCHEDULE -ADDENDA 2 ....... .................................. .............. ................. .......► ... ..................... .................................................. ................ ....... ............... ........... ........................ ..... ­ ........ 21 1 LS Obtain Caltrans Encroachment Permit @ C)x*7FK3,Amwtj •+� [,,A b. Dollars S 12C0 $ 120Q, QS Cents PeL-L,%_ 22 1 LS Pole, �umin,, h Pole, Luminaire, and Foundation ns 04t,54AJ Dollars Iu4a)64 6epo i-il!e : 'e en 77 r) 7� 011,54-o?C4 _t7 Cents _J Per LS Install Conduit, Pull -Boxes, Type III Service and Conductors in 23 1 LS New and Existing Conduit @ fa,, ✓f6kL9cJ Dollars $ Cents clv- ev Per LS 24 1 LS Traffi �on�o�7/zcuSArtat!��Won re' @ Fo 4 r- Dollars S $ r—i E 1- y Cents Per LS 25 1 LS Remove Existing items as noted on Plans @_A)'X,)jE 7Cm!4AAf,. Dollars 011> $ C1000 6_0 $ IMD Cents Per LS 26 4 LF Remove and Replace 6'Chainlink and Posts Dollars $ I CX) Cents Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate L..,I ;"eDollars $ 2575 Cents Per LS f 28 2 EA Adjust Water Valves to Grade @ -M. Dollars $ 2_� $ cc, Cents Per EA 29 1 EA Install SCE hand hole cover @ -TZ, fl'...0qfnQ _C� yp_ Dollars 00 $2.75- 2-7s— dCents Per EA 6?12�7 I I Total Amount Bid in Figures: $ W 90 J Total Amount Bid in Words: .............................................................. I ........ C-3s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder I s Bond 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 1 07/02/2008 2 07/08/2008 3 07/09/2008 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 and the portion of the work to be done by such subcontractor. Portion of �V Name and Address of Subcontractor State License Number Class o L ,G�J Ch� -294' 'f.2 33 adz S S C If By submission of this proposal. the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 — _ NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMIT'T'ED WITH BID State of California ss. County of Orange Joseph Nanci , being first duly sworn, deposes and says that he or she is President of Elite Bobcat Service, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Joseph Nanci Naive of Bidder �"', J) Signature of Bidder 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC C-4 NOTARY SEAL 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 iNIAGNOLIA STREET SIDEWALK 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 ha-zards 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 10, 2008 Elite Bobcat Service, Inc. Contractor By President Title C-5 -- a DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: July 10, zoos Elite Bobcat Service, Inc. Contractor By President Title C-7 -- _ UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona CA 92879 City, State Zip 951 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2010 Expiration Date The work site was inspected by Joe Nanci of our office on July 8 20 08 The following are persons, firms, and corporations having a principal interest in this proposal: Joseph Nanci, President C-9 0 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, Inc. Company Name Signature of Bidder Joseph Nanci, President Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC , 200_ . NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Vernon 4305 Santa Fe Ave, Vernon, CA 90058 Name and Address of Public Agency 2 3 Name and Telephone No. of Project Manager: Vince Rodriguez (323) 855-2292 $289,000 Concrete Improvements 07/2008 Contract Amount Type of Work Date Completed City of Temecula 43200 Business Park Dr, Temecula, CA 92590 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jon Salazar $2,296,618 Contract Amount Concrete & Asphalt Type of Work 951) 694-6444 03/2008 Date Completed City of Fullerton 303 West Commonwealth, Fullerton CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eric Villagracia (714) 738-6853 $209,190 Concrete & Asphalt 03L2DB Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 2, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE — ADDENDA 1 Changed Item No. 16 from "Install Traffic Striping in Kind" to "Install Traffic Striping and Signage per plan". 2) The attached striping and signage plan, date approved July 2, 2008, shall be incorporated into the Project Plans as Sheet 1A of 1A. Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number One, dated my 02, 2008. Elite Bobcat Service, Inc. Company Name By July 10, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 8, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE —ADDENDA 2 Changed Item No. 9 Units from "CY" to "LF". Changed Item No. 20 Quantity from "15 TN" to "170 TN" and Item description from "inches" to "feet" Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Two, dated Juiy 0 , 2008. Elite Bobcat Service Inc. \V\,r Company Name By July 10, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 9, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED NOTICE TO CONTRACTOR NOTE ON TITLE SHEET (Sheet 1 of Plans) —ADDENDA 3 Last sentence of Notice to Contractor changed to be consistent with Section C Specifications and is to read:"It is of extreme importance that construction activities do not occur until after September 15, 2008, following the end of the Belding Sparrow nesting season." Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Three, dated J ly 09, 2008. Elite Bobcat Service, Inc. Company Name By July 10, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. Fidelity 08739262 Bond No. _- ------ ------------- ------ and DeFosit Com"p"any POST OFF-10E BOX 1227 OF MARYLAND 8RL77MORE. MD 21203 RED BOND KNOW ALL MEN .BY THESE PRESENT'S; ELITE BOBCAT SERVICE, INC. That we, - - -- ____-_-__, as Principal, (hereinafter called the "Principal"), and ,.the FIDELITY AND Dcr+OSM COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly ,organized under the laws of die State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto---______ City of Huntington Beach -- - - - - --_-.------ --_-.--____as Obligee, (hereinafter called the "Obligee"), ---------- ten percent of amount bid l00 in the sum of ---- ----- ------ ------ _ µ _ ---------------- --------------- ----------------- Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for---.-- ----- - Magnolia Street Sidewalk 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 into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exWed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may is 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___-__--------..-.�--- A-D.,70 08 - ELITE BOBCAT SERVICE, INC . (SFAQ ----- --------------------- - -- -- -- - - --- --- - Principal --- - ------------ -- -. - --- r "'IInCSS BY R A, ------------ ------------------------------------ FIDELITY AND DEPOSIT MPANY OF MARYLAND ! Surety Witness 4TTOkNECY_-10�4ArT Title c3D)r-50M,9�12 Richard A. Coon C'an forces a A—,k.0 1n 61-le of A,chdccU Docunrnc A-310, Fctxw> l9n Edisi— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7-10-08 Date before me, Lexie Sherwood, Notary Public I Here Insert Name and Title of the Officer personally appeared Richard A. Coon LE - IL X 9 T951 1 NOT` _5 Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal, Signature Place Notary Seal Above Signature of_Nc&ary 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 -'-- El Individual El Corporate Officer — Title(s):_ El Partner -- El Limited El General E-1 Attorney in Fact El Trustee D Guardian or Conservator El Other: Signer Is Representing: Number of Pages: Signer's Name: El Individual El Corporate Officer — Title(s):_ El Partner — El Limited El General El Attorney in Fact El Trustee El Guardian or Conservator Signer Is Representing: ,c) 2007 National Notary Association - 9350 De Solo Ave, PO Box 2402 - Chatsworth CA 91313-2402 - wwwNationalNotary.org Item 05907 Reorder Call Toll -Free 1 -800-876-6827 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary. in pursuance of authority granted by Article V I, Section 2, of the By -Laws of said Company, w, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereocfc �bkr:6y- nominate, constitute and appoint Richard A. COON, Charles L. FLARE, David L. CULB-A-1 T RWOOD, all of Anaheim, California, EACH its true and lawful agent and AtI4>"i�> vf tt'i d deliver, for. and on its behalf as surety, and as its act and deed: anyanle�s . f�jmZf-yin ect���� xecution of such bonds or undertakings in pursuance of these presen Ik u ng c p't� ii hilSmrv, as fully and amply, to all intents and purposes, as if they had been dtdy,,,OX� ,te l} t1Fac"ic j .�C �th�fegularly elected officers of the Company at its office in Baltimore, Md., i,� { ��ivprer pe�x�rt� ilt!sJG'ra i r attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, a 10•11L. Ct_(I::Ijd2NFuTihew P. FLAKE. Lexie SHERWOOD, dated November 7, 2005. The said Assistant uta cs'itereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-LI said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: ,�qg OEFpsr 4 f O P Wwmw° 3 Eric D. Barnes Assistant Secretary State of Maryland SS: City of Baltimore By: Willium 1 Mills Mice President On this 15th day of November. A.D. 2006. before the subscriber. a Notary Public of' the State of Maryland, drily commissioned and qualified, canic WILLIAM J. MILLS. Vice President. and ERIC. D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of tho sa"Hc, a+id heirs« by me duty sworn, severally and each for himself'deposeth and saith, that they are the said officers cif the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Scat of said Company, and that the, said Corporatc 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 niv hand and affixed my OlTicial Seal the day and year first above w rl t ten. cj Collstolict A. Dmill Notury Public My Commission Expires: July 14. 2011 POA-F 012-4150H State of California County of����_ On \N\A"A before me, \ 2� , a notary public, personally �— � " who roved to me on the basis of appeared � %, , �., �. p satisfactory evidence to be the person( whose name -" subscribed to the within instrument and acknowledged to me t at l�ie%shekhe�, executed the same in his hefthir- authorized capacity), and that by is reir- signatures on the instrument the person, 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 is true and correct. Witness my hand and official seal. 1111bb. , Signature _ - -- (Seal �e�`G°`�",�'' r" s� City of Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 2, 2009 BNB Engineering, Inc. 2602 S. Halladay Street Santa Ana, CA 92705 RE: CC-1228 — Magnolia Street Sidewalk Project Enclosed please find your original bid bond for CC-1228. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiy,:.fo6gi@/,clapalw/&t"� r&%cNew Zealand ( Telephone: 714-536-5227 ) a Engineering inc. N' GENERAL ENGINEERING CONTRACTOR 1 LICENSE 062OW (AJHAZ} zlaoz S. Hallaby Street f 3 Santa Ana. CA 9270S dw x 71k6413745 714-&11.1805 FAX r a �i's�y OLp.. k �s L's,,: ','Ai -;? A"•. iK,y f f,3� -'N�—� "SEALED BID" ,�.. for G MAGNOLA STREET SIDEWALK PROJECT i n the CI1Y 0 HUNTINGFUN BEACH- UU NUJI UPEN WIIH REGULAR MAIL A 1 j r 4 1 5 px •. ` , a d & 1 7 s'•a.' l a�."'� ely- >;� � '�"�``4Yti�'ro •:. istt'r' � �N � yi�t,p - x F-�^p ,�h'In ` ���.�,*'�,� �k} "-$ �'�i' 'f '�'R,✓," �.j - �'..� �. ��.' .'�ar4 .�'sl ^,"' ' -5�". ' .. .'fi">�:�,;,���'>�>.:.'�4?w'�✓'����;"�,;i!�,�,td.;�#�'s.`�:.5�.���.,.�a. :'E seo.:m'�,'` ..,x k. .a-.-.:w ..-ai'�z.!s._��"".-x I REV13ED PROJECT BID SCHEDULE -ADDENDA 2 Ttex*i Nn:i#iffy . .. :)EWinaW..:::::: : >: ateiri:with :iitirt: rice ::::::: :::::: ':: '::::::::: ......... P................................................... :::::::: : ::..:..wn e� iii woi as : :.::: . ::. . , .`; ': :: ;: ' ::..: : `aFiiiY:Price....' ::: > zt nded ' . . :: Aiiioiiiit : >: 1 1 LS Mobilization @ I wenty two thousand Yv, Dollars $ 22,000.0 $ 22,000 . Cents Per LS 2 1 LS Traffic Control Plans @ Fburty three hundred Xt Dollars $4 , 3 0 0.0 0 $ 4 , 3 0 0.0 00/100 Per LS 3- 1 LS NPDES Compliance @ Fourty five hundred Dollars $4.5 0 0.0 0 $ 4 , 5 0 0.0 0 00/100 �^=r�r�m�� ,:e �, Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ One hundred ni nety 3� Dollars $1 9 0.0 0 $1 5 , 2 0 0 . Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Sixty one Dollars $ 61 .50 $ 8 4 , 8 7 0 . 50/100 �r�cr-��=�rTT� ,.;��� Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ I wenty seven Kt Dollars $ 27.00 $ 8,775.01 00/100 Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202 @ Sixty one Dollars $ 61 - 0 0 $ 100,345 00/100� Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @ Six 1, Dollars $6.25 $80, 687. 5 25/100 ; ��am �a��, :,:� .-� r� �� Cents Per SF 9 400 LF Construct Concrete Gravity Wall (H = 2.5'-3.7') @ Ninety six u Dollars $96 .50 $38, 600.0 50/100 ;.-;�T �� xT �; ,,�T x� Cents Per LF 10 1 EA Relocate Fire Hydrant @ 1 wenty seven hundred Dollars $ 2 7 0 0.0 0 $ 2 , 7 0 0.0 00/100 -�� ,.,,, �� �;� ����;,�, -� Cents Per EA C-Is R-EVISED -1PRO ECT BID SCHEDULE -ADDENDA 2 Ite' ':::Estiilnat0d Igo:: . : Quantity.:. ::.::::::. :::: IteiB: With: up�t:price::::::::: ::.::::< :...:::.:: ... .... . .... ... .. wrttt irn:wot ds.. `<:::::' :::.::...... .. ;.. iIn►t._Prtce::: . <: )Cxterided..:: ' ' moai�t . 11 2 EA Modified Curb Opening Inlet per City Std. 301 @ 1 hi rty eight hundred V. Dollars $ 3 8 0 0.0 0 $ 7, 6 0 0.0 00/100: ;x���s�cTxr Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap @ Twenty one hundred fifty ti Dollars $ 2 ,1 5 0.0 0 $ 4 , 3 0 0.0 00/100 Cents Per EA 13 2 EA Construct Local Depressions per City Std. 302 @ Nineteen hundred Dollars $1 , 900.0 0 $ 3 , 8 0 0.0 00/100 ' �r��x;� rrr �;j Cents Per EA 14 1330 CY Import Select Fill @ Sixty five Dollars $ 6 5.0 0 $ 8 6 , 4 5 0 . 00/100 ^� ^' ^^' ^^^' ^ Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence @ Fourty five R� Dollars $45.00 $ 80, 1 00. 00/100f�x���;�; Cents Per LF 16 1 LS Install Traffic Striping and Signage per plan @ Eighteen thousand R� Dollars $1 8 , 0 0 0.0 0 $ 1 8 , 0 0 0 . 00/100 Cents Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @Twenty six xt Dollars $26.00 $ 7, 1 50.0 00/100 e ;�.;; r� Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type II @ Dollars $ 0.4 0 $ 21 1272.( 40/100 I Cents Per SF 19 13830 SF Grind Existing Pavement 0.17' Min. @ Dollars $ 0.9 0 $1 2 , 4 4 7 . 90/100 � ; ; � �� =� Cents Per SF 20 170 TN Install AC Pavement 0.17' Min. @One hundred eighty R� Dollars $1 8 0.0 0 $ 3 0 , 6 0 0 . 00/100 T'i i::nn F"-n n"Ei �ii-X'-k ...FTici;#'ir-i�::i�iri; Cents Per TN C-2s REVISED PROJFC'T BID SCHEDULE -ADDENDA 2 4teth ....... ....... ..... ...... .... ................. ... ...... ...I ...... ... . ...... ::.: .: .... ...... 21 1 LS Obtain Caltrans Encroachment Permit @ Sixty five hundred � Dollars $ 6,500.01)$ 6,500.0 00/100 Cents Per LS 22 1 LS Install Ped. Light Pole, Luminaire, and Foundation @ Thirty six thousand Dollars $ 36,000 ()$ 36,000 00/100 Cents Per LS 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit @ Fourty eight thousand Dollars $ -4 8 , 0 0 0 $4 8 , 0 0 0 00/100 Cents Per LS 24 1 LS Traffic control @ Thirty seven thousand Dollars $3 7, 0 00. 0 $ 3 7, 0 00 00/100 Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ Six thousand 1� Dollars g5,000.00 $6,000.00 00/100 Cents Per LS 26 4 LF Remove and Replace 6'Chainlink and Posts @ Two hundred Dollars $ 200.00 $800.00 - 00/100 Cents Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate @ Eight hundred fifty three v, —Dollars $ 853.50 $853.50 bu/100 Cents Per LS 28 2 EA Adjust Water Valves to Grade @ Three hundred seventy five Dollars $ 375.00 $ 750.00 00/100 Cents Per EA 29 1 EA Install SCE hand hole cover @ Four hundred R,. Dollars $ 400.00 $400.00 00/100 Cents Per EA Total Amount Bid in Figures:$ 770,000.00 Total Amount Bid in Words: Seven hundred seventy thousand and 00/100 ------------------------------------------------------------------------------------------------------------- C-3s SECTION C PROPOSAL for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 Bid Bond 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: e� - M • � � : E M 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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Pavement Recycling System- 569352 A Hardy & Hariper 215952 In -Line Striping 720952 C-32 United Fence Erectors 809167 C-13 High Light Electric 806335 -10 HIC Catalina Structures 842680 All American Asphalt Roy Allen Slurry Seal Inc. 372798 D nalectric 550173 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 ,' `, i ' P O'. AFFIDAVIT TO BE EXECUTED BY BIDDER DR AND SUBMITTED BfP WITH B ( E 7 State of California ss. County of Orange Paul M. Bieber , being first duly sworn, deposes and says that he or she is Vice Pres./Secretary of BNB Engineering Tnr . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Paul Bieber 2602 Halladay St.Santa Ana, CA Address of Bidder 92705 Subscribed and sworn to before me this _�� day of J Wk/ , 20N. C J. C NNAMO COMMISSION 9 1718495 2 Notary Public - Catitomfa Z U ORANGE COUNTY NOTARY PUBLIC �, Comm Expires 20.2011 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MAGNOLIA STREET SIDEWALK 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: / t. Vice Pres./Secretary Title C-5 I?ISQUALIFICA'T'I®N QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes Z No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7-1�-2009_ BNB Engineering Cont By Paul Bibber Vjr,e-_President/Secretary Title C-7 I (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: BNB Engineering Inc. Con o By :Paul Bieber Vice President/Secretar Title Date:-7-K--200E- Note: This form is required for every Dig Alert Identification Number issued by U..S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INF®I21VIATION BIDDER certifies that the following information is true and correct: Paul Bieber Bidder Name 2602 Halladay St Santa Ana, CA 92705 Business Address _ Santa Ana CA 92705 City, State Zip ( 71 4) 641 -3745 Telephone Number #620582 A/HAZ State Contractor's License No. and Class Original Date Issued 5/31/2009 Expiration Date The work site was inspected by Matt Grimm of our office on July 11 , 2008 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. Paul Bieber Printed or Typed Signature Subscribed and sworn to before me this 6 day of � , 20 C:J CCNNAMO COMMISSION # 1718495 p 2 Notary Public - CaliFomia Z V U ORANGE COUNTY �My Comm Expires Jan. 20.20tt NOTARY PUBLIC G� 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: Azusa Licht & Water Name and Address of Public Agency Name and Telephone No. of Project Manager: Jerry Ichien 626-673-01 91 $775,000 Curb & Gutter, Sidewalk, Driveway 7/2008 Contract Amount Type of Work Date Completed 2. ('i ty of Hunti ngtnn Bearrh Name and Address of Public Agency 3. Name and Telephone No. of Project Manager: Chris Gray 71 4-321 -0537 $20,000 Sewer Repair w/ Concrete RER 5/2008 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 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 2, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE — ADDENDA 1 Changed Item No. 16 from "Install Traffic Striping in Kind" to "Install Traffic Striping and Signage per plan". 2) The attached striping and signage plan, date approved July 2, 2008, shall be incorporated into the Project Plans as Sheet 1A of 1A. Bidders shalt submit SECTION C with the most current This is to acknowledge receipt and review of Addendum Numbir One, dated BNB Engineering Inc. �_. Company Name By Pa i-/s-ZvOr - Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. BID SCHF,D,t(LE-ADt)E'jNfO,,k Atib, EitifiAt ... ....... ...................... ............ d inmer ............ ................... . ......... .. .... 1 LS Mobilizalion @ Dollars Cents Per LS — 2 1 LS Traffic Control Plans @ Dollars $ Cents Per LS 3 1 LS NPDES Compliance @ Dollars $ Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ Dollars Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Dollars Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ Dollars Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202 @ Dollars Cents Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @ Dollars Cents Per SF 9 400 CY Construct Concrete Gravity Wall (H = 2.5'-3.7') @ Dollars $ Cents Per CY 10 1 EA Relocate Fire Hydrant @ Dollars Cents Per EA C-Is A. , , ) ................ ............ .. ........ ...... I �. .... ­... - ... L " .... ... ­... ............ ........... ............................. ... ....... . . .... ...... .. ..... ................ .......... .... ............ . ....... 3td. 301 .................. ton ...... , M e . ......... ... ........ .......... EA Dollars -Cents IPer EA 12 2 Furnish and Install 8' X 4' Rip -Rap EA @ Dollars Cents Per EA 13 2 Construct Local Depressions per City Std. 302 EA @ Dollars Cents Per EA 14 1330 Import Select Fill CY @ Dollars Cents Per CY 15 1780 Furnish and Install 42" vinyl coated chain link fence LF @ Dollars Cents Per LF 16 1 Install Traffic Striping and Signage, per plan LS @ Dollars -Cents Per LS 17 275 R & R Driveway Approach per City Std. 209 SF @ Dollars Cents Per SF 18 53180 Slurry Seal Entire Surface with Type 11 SF @ Dollars Cents Per SF 19 13830 Grind Existing Pavement 0. 17" Min. SF @ Dollars Cents Per SF 20 15 Install AC Pavement 0. 17" Min. TN @ Dollars Cents Per TN f7 ...... . ........ Uh ..... . ..... ....... ............ .................... ..... ......... ............ LS Obtain -'alti?.iis'Ercfoac. nt?-Jrr.,, @ e S —Dollars Cents Per LS 22 1 LS Install Ped. Light Pole, Luminaire, and Foundation @ Dollars $ Cents Per LS 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit @ Dollars $ Cents Per LS 24 1 LS Traffic control @ Dollars $ $ Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ Dollars $ $ Cents Per LS 26 4 LF Remove and Replace 6' Chaini ink and Posts @ Dollars Cents Per L 27 1 LS Relocate Existing Guard Rail Post and End Plate @ Dollars $ Cents Per LS 28 2 EA Adjust Water Valves to Grade @ —Dollars $ $ Cents Per EA 29 1 EA Install SCE hand hole cover @ Dollars $ Cents Per EA Total Amount Bid in Figures: $ Total Amount Bid in Words: -------- ------------- ---------- 11 .....................•---------------------------------------------------------------- City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 8, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE —ADDENDA 2 Changed Item No. 9 Units from "CY" to "LF". Changed Item No. 20 Quantity from Ill TN" to "170 TN" and item description from "inches" to "feet" Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Numger Two, dated)July 96, 2008. BNB Engineering INe. R Company Name By', Pau ieber / Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. REVISED PROJECT BID SCHEDULE -ADDENDA 2 ..... . .::No :� . ...... ... .. . ....... . ... Item W.1 (0f6e.'. ............. hAini ......... ................. ....... . ` .". ., ............... ...... written ....... jfi:wor. .... ... nit: rice. ` t Amount: LS Mobilization @ Dollars $ Cents Per LS 2 1 LS Traffic Control Plans @ Dollars $ $ Cents Per LS 3 1 LS NPDES Compliance @ Dollars $ $ Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ Dollars $ $ Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Dollars $ $ Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ Dollars $ $ Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202 @ Dollars $ $ Cents Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @ Dollars $ $ Cents Per SF 9 400 LF Construct Concrete Gravity Wall (H = 2.51-3.71) @ Dollars $ $ Cents Per LF 10 1 EA Relocate Fire Hydrant @ Dollars $ Cents Per EA C-Is a - REVISED BID SCHEDULE -ADDENDA 2 e 11 Est ftm'' te'd: 2 EA *-::Jte'' M:' With.-tilliftirta: .......... ........... .. ...... I ......... ....... Modified Curb Opening Inlet per City Std. 301 @ ........... ... ............. ... ---Dollars Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap @ $ —Dollars —Cents Per EA 13 2 EA Construct Local Depressions per City Std. 302 @ Dollars $ Cents Per EA 14 1330 CY Import Select Fill @ $ —Dollars Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence @ Dollars $ —Cents Per LF 16 1 LS Install Traffic Striping and Signage per plan @ —Dollars $ —Cents Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @ —Dollars $ —Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type 11 @ Dollars $ Cents Per SF 19 13830 SF Grind Existing Pavement 0. 17' Min. @ —Dollars Cents Per SF 20 170 TN Install AC Pavement 0. 17' Min. @ --Dollars —Cents Per TN C-2s owl REVISED PROJECT BID SCHEDULE -ADDENDA 2 ..Item::.......ri....... ..................... ........ ... ........... ..... .......................... .... ................................. I .............. : ........ .... ........... . ........ .... ............ 21 1 LS Obtain Caltrans Encroachment Permit @ Dollars Cents Per LS 22 1 LS Install Ped. Light Pole, Luminaire, and Foundation @ Dollars Cents Per LS 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit @ Dollars $ Cents Per LS 24 1 LS Traffic control @ Dollars $ $ Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ Dollars Cents Per LS 26 4 LF Remove and Replace 6'Chainlink and Posts @ Dollars Cents Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate @ Dollars $ Cents Per LS 28 2 EA Adjust Water Valves to Grade @ Dollars Cents Per EA 29 1 EA Install SCE hand hole cover @ Dollars $ Cents Per EA Total Amount Bid in Figures: $ Total Amount Bid in Words: ................................................................................................................... C-3s City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 °71 101101M,►l�l►�i l =� �l: �:'1:71 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 9, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED NOTICE TO CONTRACTOR NOTE ON TITLE SHEET (Sheet 1 of Plans) —ADDENDA 3 Last sentence of Notice to Contractor changed to be consistent with Section C Specifications and is to read:"It is of extreme importance that construction activities do not occur until after September 15, 2008, following the end of the Belding Sparrow nesting season." Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number hree, dat my 0 , 2008. BNB Engineering Inc. Company Name By Pau ieber -if_-210v Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. Bond No. N/A The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we BNB ENGINEERING, INC. as Principal hereinafter called the Principal, and MERCHANTS BONDING COMPANY a corporation duly organized under the laws of the state of are held and finely bound unto CITY OF HUNTINGTON BEACH IOWA as Surety, hereinafter called the Surety, as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MAGNOLIA STREET SIDEWALK PROJECT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ORSC 21328 (5/97) I I th day of Ju 2008 BNB EN I EERIN INC.. Witness Pin ' I Z5eal) t By _ Paul Bieber, Vice t'resi dint Secretary ame/"i itle Witness MERCHANTS BONDING COMPANY _ Surety v (Seal) SHERRIE LEE HENRY, Attorrcy-in-Fact`' Merchants Bonding Company (Mutual) Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and.having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Betty 7o Peacock, Donald P. Sharp, Sherrie Lee Henry of Visalia and State of California its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its 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: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said.Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Uce, President or Secretary 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., ARTICLE 11, SECTION 9 - The signature of any.authorized'officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, 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, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seat to be hereto affixed. this 11th day of February . 2008 . °' �� �', 1% ,• MERCHANTS BONDING COMPANY(MUTUAL) O.��P'0l,� .q ram-: ZZ. -o- o: ; 1$33 • g ti6 any : y STATE'OF IOWA •" ° . ; ° . • ° President COUNTY OF POLK ss. On this 11 th day of February , 2008 , 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), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board 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. CINDY SWTH Commission Number 173504 ,a My Commission Expires t March 16, 2009 Notary Public, Polk County, lowe STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), 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 Company on this 11TH day of JULY 2008 ,. , � , O N °• RP09 C3 "�'• ;933 -c9 ��'• ,.fie• POA 0001 (1106) °?di �'" C1°• z/ Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof TULARE On JULY 11, 2008 Date personally appeared beforeme, WILLIAM R. DADDS, NOTARY PUBLIC Here Insert Name and Title of the Officer SHERRIE LEE HENRY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal "", , Signature Place Notary Seat Above Signature of Notary Public Though the information below is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer --- Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: Number of Pages: Signer's Name ___— _ ❑ individual ❑ Corporate officer —Title (s)-.___ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNo'.ary.org item k5907 Reorder: Call Toll -Free 1-600-876-6327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ......... .... . ...... STATE OF CALIFORNIA County of 0 r P, 6,2_1 on.. _ before me. C "T /Date Here Insert Name and Tills of t rfPser personally appeared Name(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),qare subscrlied to the within instrument and nowledged to me thaoe7shelthey A executed the i h' er/their authorized capacity(ies), sit and that by �h Isignature(s) on the instrument the person(s), icihe 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 Place Nulaiy Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuabfe 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(les) Claimed by Signer(s) Signer's Name: D Individual El Corporate Officer — Title(s):_ El Partner — El Limited El General D Attorney in Fact El Trustee El Guardian or Conservator D Other: Signer Is Representing: Number of Pages: Signer's Name: El Individual El Corporate Officer — Title(s)�- El Partner — El Limited El General El Attorney in Fact El Trustee 0 Guardian or Conservator El Other: Signer Is Representing: C 2007 National Notary Association, - 9350 be Soto Ave., P.0 Onx 2402 - Chatsworth, CA 9 13 13-2402 - vfyw NallmlaiNolafy.mg Item 45907 Reardet Call Toll -free 1-800-6764382 / City of Huntington Beach 2000 Main Street • Huntington Beach, CA 02648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 2, 2009 Southland Construction 3943 Irvine Blvd. #40 Irvine, CA 92602 RE: CC-1228 — Magnolia Street Sidewalk Project Enclosed please find your original bid bond for CC-1228. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi(`tfa r4Wc6p t/Petky4i b 6W.iaoJ,4ew Zealand 1 Telephone: 714-536-5227 ) SOUTHLAND rCONSTRUCTION 3!D43 ISVIW- 8L. #40 IRVIINE, CA 92602 TEL 714-488-281al FAX949-651-lM EMAIL REZARREZAMOA01—COM 2003 JUL IS Pr", 1.- 55 * 1 Ce ef " i4 �- e-, --,- ( 61 c PROJECT BID SCHEDULE :Ite::= .................... st�iitateit: : uat�t .`> ....................................... ::::::::::::Yfeir�: th::uW rice:=:�:::::::::':::=:"::=:=:=::=::= P................................................ : ds:::>:::::::::::: ;: ;;::: ;;:: in-wor :::::=:":-: ——::::::::::= : >:UPit:�rice:::::::::?: zteaidec Anion it .. . 1 1 LS Mobilization r,/ @!/- cC' �. ®�` f l". Dollars $ r�d $ �f �D/J Cents Per LS 2 1 LS Traffic Control Plans @ TJ�v 14 (P u f.4-- Dollars $ _ Cents Per LS 3 1 LS NPDES Compliance @ %✓g S- lf✓tsc- Dollars $ $ Cents Per LS 4 80 CY Sawcut and Removal of xisting Asphalt Concrete Dollars Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ �` Dollars �� P i- T� Cents Per LF 6 325 LF Removal of Metal Beam Guard @ )> ail and Posts Dollars $ a ® $©® Cents Per LF 7 1645 LF Construct 8" Curb & Gutter City Std. 202 @% Dollars Cents Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @6� 1 Dollars _ $ r $S S Cents Per SF 9 400 CY Construct Concrete Gravity Wall (H-,- 2.5' 3.7') @ �� i( r t Dollars $ p $1'� Cents Per CY 10 1 EA Relocate Fire lmnt @ (,> G vC. Jeiv� Dollars $ p $ Cents Per EA N PROJECT BID SCHEDULE .:::; aa .nti ty:: :.:.....:::: ;:::::::::: <::: >: w»ltten an wards :.:.::::,: >:;:::::; ::::::::: ........ . :':e:::o::: Extett ed:::: 21 1 LS Obtain rans Encroachment Permit �9 elr- @ �l� �1+�-G �t,� "`J �tDollars $®® $ S O Cents Per LS 22 16 EA Install Ped. Light Pole, L 'naire, and Foundation @ Dollars j f Cents Per EA 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit @ Cents Per LS 24 1 LS Traffic control @ C✓� �14— Dollars G p Cents Per LS 25 1 LS Remove Existing items as not on Plans @ Q vtS� Dollars /�� C p v $ _(7it/i Cents Per LS 26 4 LF Remove and Replace 6' Chainlink and Posts @ � ' 5 Dollars $ Cents Per LF 27 1 LS Relocate Existing Guard Rail P d End Plate @ 4 Y1 G? "t �C`""-� Dollars $ P C> Cents Per LS 28 2 EA Adjust Water Valves to rade @_ C Dollars Cents Per EA 29 1 EA Install SCE hand hole cover @ %INiI? N�"`'`r ZDollars '- Cents Per EA Total Amount Bid in Figures: $ 9 % 7S� Total Amount Bid in Words: -------------------- ----------- -- ---------------------------- ------------ A A 'M C-3s PROJECT BID SCHEDULE ..... ........................................................................................................................ ...... fated ::::::.:::.:. ...... v�tti: tia�f:price::::.::.::.:.::::.:::::.:.::::.:.:. ..:: vdtt�446:wv ;; Extended:: : 11 2 EA Modified Curb Openin lule, per City Std. 3301 @ E�^Q ��f(�fc�'�" Dollars �p Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap @ /U/U PC ,,aai r `Dollars Cents Per EA 13 2 EA Construct Local Depre�'erts-per City Std. 302 @ / U!p (((O c� .scv� Of Dollars $ [ -PPP Cents Per EA 14 1330 CY Import Select Fill @ o Dollars $ qo Cents Per CY 15 1780 LF Furnish andP �stal 42" vinyl coated chain link fence @ l "�"! ✓ Dollars $ � p $ 1 4 Cents Per LF 16 1 Install Traffic Striping in Kind Dollars $ ¢ /:g:) $ Cents Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @ Dollars $ $)--77�_(D Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type II n @ OPAL � C ff 4, � it —4Dollars Cents � $ " /J $ 79 7 Per SF 19 13830 SF Grind Existing Pavement 0.17" Min. ,At ,,�,�``��'' @ t'1'a'� ��i Ca �— �/"/-� �" Dollars J $ / $ 2-07`- Cents Per SF 20 15 TN Install AC Pave ent 0.17" Min. @ /ti r_e� Dollars $ G' Ci $ �1 , •�� Cents Per TN C-2s SECTION C for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 PROJECT BID SCHEDULE Item ::: ................ estimated:.::' ,...-•L ...... 'cants ....::::::::::::............................................................ ::::::::::::::::Tfeit�:with::iin�t: rice::::::::::::::;:;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: P................................................ ............'.'.'.'.'.'.'.'.".'.'.'.'.'.'i ' '.'.'.'. t'.'.'.'.':.'.".'.'.'.'.'.'.".'.".'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. :':�vn en'En- orris:::':':':':'::':':':':':':':':':'::':':':':'::': .'.'.' .'.'.1... . . . . .nEt.......... E:zteii&d::::: . . ::::::Aii�oaiix:::::: 1 1 LS Mobilization @ Dollars $ $ Cents Per LS 2 1 LS Traffic Control Plans @ Dollars $ $ Cents Per LS 3 1 LS NPDES Compliance @ Dollars $ $ Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ Dollars $ $ Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Dollars $ $ Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ Dollars $ $ Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202 @ Dollars $ $ Cents Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @ Dollars $ $ Cents Per SF 9 400 CY Construct Concrete Gravity Wall (H = 23-3.7') @ Dollars $ $ Cents Per CY- 10 1 EA Relocate Fire Hydrant @ Dollars $ $ Cents Per EA C-Is PROJECT BID SCHEDULE Iteth::Tgtiftiated .............. ............................................................................... :1�idi::::a ........ dtit :::::::::::::::::::.w :::::::::.::.:::::Itecii:wtttiitt:price::::::::::::::::::::::::::::::::::=:::::::::::Extended.. ..................................................... ........................................ tit¢n:Eci:vcrgirds::::::::::::::::::::::::::::: hit Pace::::::=:A ................ ►i6aht:= - 11 2 EA Modified Curb Opening Inlet per City Std. 301 @ Dollars $ $ Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap @ Dollars $ $ Cents Per EA 13 2 EA Construct Local Depressions per City Std. 302 @ Dollars $ $ Cents Per EA 14 1330 CY Import Select Fill @ Dollars $ $ Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence @ Dollars $ $ Cents Per LF 16 1 LS Install Traffic Striping in Kind @ Dollars $ $ Cents Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @ Dollars $ $ Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type lI @ Dollars $ $ Cents Per SF 19 13830 SF Grind Existing Pavement 0.17" Min. @ Dollars $ $ Cents Per SF 20 15 TN Install AC Pavement 0.17" Min. @ Dollars $ $ Cents Per TN C-2s PROJECT BID SCHEDULE Iterii:: :..::.: :: �st�rriated :..:.:.:.:.:..;;.;..:...;....:::::::::::::::..:.;.:..;.;..:...;...:....:.;..::.:.:::::::::::::::::::...:... :.....:.:.:.: fifiei...... i::tin�f:pr�ce:::::::::: ><........... <:: ;.:. . Ui�xf Prtc.... ....Am. . 21 1 LS Obtain Caltrans Encroachment Permit @ Dollars Cents Per LS 22 16 EA Install Ped. Light Pole, Luminaire, and Foundation @ Dollars $ $ Cents Per EA 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit @ Dollars $ $ Cents Per LS 24 1 LS Traffic control @ Dollars $ $ Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ Dollars $ $ Cents Per LS 26 4 LF Remove and Replace 6' Chainlink and Posts @ Dollars $ Cents Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate @ Dollars $ Cents Per LS 28 2 EA Adjust Water Valves to Grade @ Dollars $ $ Cents Per EA 29 1 EA Install SCE hand hole cover @ Dollars $ Cents Per EA Total Amount Bid in Figures: $ Total Amount Bid in Words: -------------------------------------------------------------------------------------------------------------------------- C-3s 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 l 2p 2� ti C-2 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange -'Z4 - �`��'`�' � . beinL first dulv sworn_ denoses and savc that(G)" ie 6 � +' of �h� pity 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. SOUTHLAND CONSTRUCTION IRVINE GA 92602 7-2891 —>: olio-r1$15-1265 Name of BidtlN- REZAFi-EZAMOAOL. ('6 " Signature of Bidder OUTHLA D S TR CTION t¢jVINE, CA 92602 4 . "6t AW Address of Bidder F, X� 9a9-69iz12-66 EMAIL R 'ZARREZAMQA0-6Q9Q—M Subscribed and sworn to before me this i day of �1200 . JENMFEOt AN GomoMsaion #► 18Q1195 Notary Pwoc • California orange County MY Comm. KNIM 10. 2412 NOTARY PUBLIC NOTARY SEAL C-4 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 XN 0 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 0 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 0 Title Date: 7 _ / (( uU'//4 '- Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 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 W-a C2 t Signature of Bidder ' - ✓L" (' 4 tp, L.T I Printed or Typed Signature Subscribed and sworn to before me this day of (Y , 2008- y.. JOSEFINA ALVARADO _' COMM ... 1501350 n NOTARY PUBLIC-CALIFORNIA -i (D ORANGE COUNTY (x1 NOTARY PUBLIC �� My Term Exp, July 21, 2008 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: VQ 11 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amou 2 (4,6,o 0 /D Type of Work q��f r Cri,, c F'jate Completed Z 7 2. ( / , 4�' C— 1-,* �_e_ . C- Name and Address of Public Agency 3 Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency r V-'k C (�_ �'� Date Completed Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 300 Cottonwood Avenue, Suite M Hartland, WI 53029 Phone (262) 912-6611 BID 130"ND KNOW ALL MEN BY THESE PRESENTS, That we, Southland Construction asPrincipal, and Allegheny Casualty Company a corporation authorized to transact a general surety business in the State of California as Surely. are held and firmly bound unto The City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars,($ * * * 1 0 % * * * )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 Magnolia Street Sidewalk Project from Pacific Coast Highway to Huntington Channel. #1228 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, It 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 7th day of July 2008 YEM Southland Construction Reza Mohamedi, Owner Principal Allegheny Casualty qqmpany Sure By: Les M. Mantle, Attcfney-ir.- Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange-_--_ On 7-7-0 'id" before me, Mary Martignoni - Notary Public Date Here Insert Name and Title of the Officer personally appeared Les Ma Mantle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu Place Notary Seal Above ^per p� Sigjtature Notary Public _ OPd /L�I�AL \\ Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Les M. Mantle ❑ Corporate Officer — Title(s): __ 0 Partner — O Limited ❑ General LX Attorney in Fact LJ Trustee J Guardian or Conservator [J Other: Signer Is Representing: Allegheny Casualty Company AIGHTF,SIGNER�THUMBPRINT Number of Pages: Signer's Nal ❑ Individual Cl Corporate Officer — Partner — O Limited CJ Attorney in Fact iJ Trustee Title(s): El General iJ Guardian or Conservator U Other: Signer Is Representing: RIGHTTHumapRINT ' &.'SIGNER.. - K OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 300 Cottonwood Avenue, Suite #8 Hartland. Wl '; �029 ALLEGHEN)( CASUALTY COMPANY Phone (262) 912­0611 i 91 POWER OF ATTORNEY I - L 028,46 _5 L KNOW AI,LINIEN BY T111;SE I"'RESFINTS: That At., LEG [IF NY CASUALTY COMPANY, acorporation o f the docs hereby in:ike, constitute, a ri d a p 1) o i n it --Sharon J. Rusconi, Les M. Mantle -- its true and ('xl."cutc'seal send deliver t"-)r;indon irs behalf as as its act and 'deed: Anyand all L,onk -itij undef r.Ak 11"s providc'd the of no une beri I or undertaking, exceeds the SLII­q Of Oiie, &,ldhoi-t Pvc Hundred Thousand 1)(Mars ($1 '500,000.00) and the e\,,�ctjrion c-dQjicl- ",oncls in purskf,-11ACe Of,these presents shall be as binding upon said Cornpaliv, as fully and amply, to all it'itent"; it then h;id I�cen clulv executed and acknowled,,ed by the regularly elected officers of the Company at its it-, Xfiv�'Idvdle" in their own proper persons. F - - rhor;tv of the follow; "' ri" reolt-ItiOrl ad,)I(�d )' by the Bc),ird Of Directors of The power of ntxornev ��, undel , ln�1 h��Iu_ ALLEGHENY CIA�UALTY C( MIAi,,J1Y .at a ineeting July held on the 15th day of Aull.,kist, 2000. -ONA I'ANYshall hqve the power toappoint, R E S 0 1-1 V E D� -. Li7 i c;-, f, Secr,­., i v -,,,f A L L F. 6311 F!NY CA S !J A L- I'Y andauthoritv as &fin -I or'limited in then respective powers of attorney, to re,oke die ol',Atro, nc� it,.` act i"r with power and 1�� h, nu t3 y s, e'filx ^ae Companv�� seal rherero, Lon,k, underuilkings, recognizances, contracts of :nJen-mily aw�d otLo. 'vfltlef, In naurc thereof or related thereto; and Q) �'­,V Of <LICII 01ficers ;if the Company may appoint and „eats for acceptance ("I process, d Altorneys-m-f.lcr with auth0rjtV. to eXCCirte waivers on th. the sil-ma-i-iv of am such Officer of ALLU,; 1-1 EN)" CASUALTY COMPANY and the Company Sea! rn'ly .zCli>Xu 14 ille il% 4 it tO I De", ceri i ficaticl!) gi ven for .'11( execurion of;iny bond, undertakm ii zal e ( rit I t g, rvcog i , )c , c ) n c of oT ,,I icr W-i"-kvnl ill 1'1'. there,d -li rebated �uch si,.mioiie and seals when so used whether heretot0re or here'd ,'-I' zIdor-e -:,e t_0111,;flly :as Ile' on"Jnal signatole of such officer amJ the originil seal of the C'ilrilpilny, to he valid and bond!ng !1pot, thc C'o;„Ipan, wv'111�" sninle tt'I'Ic amd cifcc"' els lhougl� 'mallually Affixed. In Witness Whereof, ALLEGH EINY CASUALTY COMPANY has cau,;ed these presents to be signed and its corporate seal to be heretlo n(tiXed on Fcbruiry 25, 2008. ALLEGHENY CASUALTY COMPANY 1936 By YVIN Commonwealth of PennsN,?Ivaniii, County cif (___'ra"N7f0.-d - ss: On February 25, 2008, before nie appeared john C. Soff to me personally known, who being by ine duly sworn, did say that he resides in the ConirrionwenIth of Pennsylvania, that he is Secretary of ALLEGHENY CASUALTY COMPANY, that he is the Jr-idividual described inand who cx;.-.cutecl the preceding instrument, ,and that the seat affixed on said instruinent is the corporite seal of said Company, and that instrument was signed and sealed on behalf of said Company by authority and direction .ofsaid Conipany,and the said officer acknowledF,ed said instrument to be the free act and dee.d of said Company. Notary Pu_blic`of Pennsylvania My commission Expires 03/31/11 Commonwealth of Pennsylvania, County of'Crowl"Ord - ss: .1, Johri C. Sniff, Secretary of ALLEGHENY CASUALTY COMPANY, a corporation of the Commonwealth of Terinsylvania, do hereby certify that the 4)ove and foregoi.rig is a true and correct copy of a Power of Attorney, Executed by the said Company, which is still. in fit]] 'force and effect. In Witine.ss Whereof, I have hereunto set niv hand and affixed the seat of said Company on this -day 'f jul o 2008. ALLEG H ENY CASUALTY COMPANY ' By . .... ----- - - ----Jorm�L 1, Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 2, 2009 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 RE: CC-1228 — Magnolia Street Sidewalk Project Enclosed please find your original bid bond for CC-1228. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citig:.gfo&aWk"pj6iiutet1"ia goc ew Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 REVISED PROJECT BID SCHEDULE -ADDENDA 2 TNtOl N:::::QWantit !:Es.0000 ......Y. :::: :::::.::.. :...Itein:w�th::unzt:price:::: .::.:..:.::: :.: ::: ::::: .:::: >:written %n words ::.:..:.. ::. ::n>EY:1'rice: ........... . ': >:.:. E* 't' ' 0d::::: `Amount:;::::: 1 1 LS Mobilization I @ in ThpL(,$axd Dollars n $ JV,Q s/0000,00 Cents Per LS 2 1 LS Traffic Control Plans ''+ @ Foye--fieuscA FtVO_,[�L /di"0 Dollars $ .SDD.Do $ �06•66 7 o-ro Cents Per LS 3 1 LS NPDES Compliance @ Fau-P-T��&O-nd Fiyj- Artj Dollars $ q 5-00.60 $ 510,00 m Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ i/ �gl� Dollars p-p Cents Per CY 5 1380 LF Removal of Existing Concrete Barrier @ Tuxav NLlp 11 Qr$ Dollars $ I, 01) $ Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ Koe-lut Dollars $ �ar'<��i $ —'F = Cents Per LF 7 1645 LF Construct 8" Curb & GutterperCity Std. 202 @ )ww,j GL(��T' Dollars $ _ $ j Cents _f Per LF 8 12910 SF Construct Sidewalk per City Std. 210 @ Dollars $t 3S $ o Q t rTU el. Cents Per SF r 9 400 LF Construct Concrete Gravity Wall (H = 2.5'-3.7') @ �i_ yC u lw'eo Dollars $ V.00 $ ® Cents Per LF 10 1 EA Relocate Fire Hydrant I' �^ ff II 1 @ SitT�>:(?(,E14(T asLt Dollars Lin Cents $ L, yep,OD $ $60, Per EA C-Is REVISED PROJECT BID SCHEDULE -ADDENDA 2 Item:: ....... .......... E9fiit Ated ::::::::::::::::1tenu.with:unit:prlee:::::::::::::::::::::::: .... ........ ........... ................... .......... ........................................... ...................................................... ::::::: .................................... Extencle8: : ................. 11 2 EA Modified Curb Opening Inlet perijCityi Std. 301 @ _►m Ta ,d&x Iku1,0 Dollars $ $'91- Q Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap ++ �7 @ Ti►^t"-T msuA Sixuun TlssLdl'rt/ W 0 Dollars $ $ I &% Cents Per EA 13 2 EA Construct Local Depressions per City Std. 302 _/ J @ T rtt- ►bus d f;uU Z � u Dollars $ Q®.00 $to. kbA zero Cents Per EA 14 1330 CY Import Select Fill @ F L Dollars $ S. ®® $ Cents Per CY 15 1780 LF Furnish and Inst//all42" vinyl coated chain link fence @ �usa/ N hp Dollars $ g(� Cents Per LF 16 1 LS Install Traffic Striping and Sig�n-a-ge per plan / @ /U�D -ACUS"/rVg, #Uj,7U/rj O Dollars $ 5ali, bo q $ ® &Ir o Cents Per LS 17 275 SF R & R Driveway Approach per City Std. 209 @ 'W_ w4u A RL Dollars $ CA to $ zc2rp Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type II 77 @ � C o Dollars $ 0, D $ R-4 J Cents Per SF 19 13830 SF Grind Existing Pavement 0.17' Min. @ 7p_,`© Dollars $ 0,57sA- $ FA i h WL Cents Per SF 20 170 TN Install AC Pavement 0.17'' M(i�n. t"(`I' @ � �� q Wt VAI Dollars Q Cents $ 15y, bD $ Per TN C-2s REVISED PROJECT BID SCHEDULE -ADDENDA 2 Itern : Estimated ;;;::Iterii:with;unit.price ........ .en.>knLw....... ... .... :.::Ext6nded:: : . 21 1 LS Obtain Caltrans Encroachment Permit 1 _1 @ 01,Q 1 pusA' Two t11�I ruj Dollars $ $ g?,00, DO Cents Per LS 22 1 LS Instal..lPed. Light Pole, Luminaire, and Foundation @ t I�y�C�6�BtAC0.G1� TidQ AUkjDollars $ 5-bo W $ SW. Cents Per LS 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit J @ EIA' {I_Tzp 7NCUSCtipl(l Dollars Cents $ T DDD. DO $ r��4.fJa Per LS 24 1 LS Traffic control j @ FMR ��1p(1SQ:iG Dollars $ $ Cents Per LS 25 1 LS Remove Existing items as noted on Plans @ 1 T11M1.CdAA Dollars FI �y zt" Cents $ 19DO. 00 $ pa 60 Per LS 26 4 LF Remove and Replace 6' C/hainlink and Posts @ i n U EAU Dollars $ t :5-o+ 0 o (.crt Cents Per LF 27 1 LS Relocate Existing Guard Rail Post and End Plate @ 3I, quary d Dollars 7pxo Cents Per LS 28 2 EA Adjust Water Valves to Grade @ Ft u*- Hu �m Are O Dollars $ + 6 0 $ 7 0 r Z" Cents Per EA 29 1 EA Install SCE hand holecover @ rjV� GIcd Dollars $ 5V(1•D0 Sto'01) Cents Per EA Total Amount Bid in Figures: $ 5L) Total Amount Bid in Words:1iva.. �, �IM� ' pgna —FW0_ rtd C-3s 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. k 014 Accompanying this proposal of bid, find 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. DateWeeeived ,Oidder's Si nature ., a �►ey. � e5i 3LJ s :�� /-.� o�aE✓+ ,ey, ,cFlagupt- 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 and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License NumberA Class Lin�brl� 0.CtC IL �ti I_ Elp -07I(Q aaA S�iri to �r��t �� y(�b8 S%-i in #' �Q1 ` f rM _ Oaf 6a hem n TA0,4M 7373goO FM- Oh lo? I iA 4rudn .�^UI FIR � A I27 9o?& /'�p 114d, ,j,is By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orrmge- r , being first duly sworn, deposes and says that he-er-s+fe-is Via of all Aim,ocj� � ,l-j— the party making the foregoing bid that the bid is not made in the in of, Won 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;)••- gnature of Bidder KebiVice aW Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC - A5P,P A-ti"W d ) p-bnu ( U-4icr1' -0-0m NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MAGNOLIA STREET SIDEWALK 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: u� ,911 Aw&ioaoContractor a �1! __� o�'-t- _"6t e I/ 1riC.e Pfeoi Title C-5 CALIFORNIA JURAT State of California County of Riverside DEBBIE Al. MATSEN Commission # 1775685 -a: Notary Public - California = = Riverside County MyConvn. BONNov22, 2011 Place Notary Seal Above Subscribed and sworn to () before me on this 14th day of July , 2008, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature �� L2e._n� Q. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Document Date: July 14, 2008 Number of Pages: 1 Page Signer(a) Other Than Named Above: None DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ;� No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. l... 1I Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: fill DM960M e :Pi Contractor Title Date: J 1LI, hn53 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 1(h - �- Bidder Name P/j. &x laaOgg Business Address Cc9 c� �ag�s-aaag City, State Zip 051 ) 7)&Z aa) Telephone Number a L0�2o-3 j .61, e-la State Contractor's License No. and Class 1-1 q--� Original Date Is I-3I-abl6 Expiration Date The work site was inspected byVaye ✓+A-�_ of our office on -TLjj j u( , 20D5 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. 011 Company Name ignature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of , 200_ NOTARY PUBLIC 5 e ti° Pt} chiPA A20 e 4e Pokxia I iLtra-l- -Crcm Catiracbr. 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: 00o A++Q6V)o8 Paolo. 2. 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: Date Completed 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 CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to () before me on this 14th day of July , 2008, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me DE881E A. MATSEN Commission # 1776688 9 (and as Notary Public - California z e Rlverslde County (2) MyComm. 8#W Nov22, 2011 Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature 4 �� 0. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: July 14, 2008 Number of Pages: 2 Pages Signer(a) Other Than Named Above: None 44200715 )7 PAST WORK REFERENCES City of Westminster Citywide Street Improvements 8200 Westminster Boulevard Contract Amount: $1,085,000.00 Westminster, CA 92683 Start: 11/2006 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 6/2007 City of Irvine P.O. Box 19575 One Civic Center Plaza Irvine, CA 92606-5208 Contact: Uyenly Bui, (949) 724-7559 City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Contact: Robert Luciano, (714) 765-5286 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92376 Contact: Gary Voborsky, (949) 361-6132 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Contact: Andy Tran, (714) 644-3311 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Karim Varshochi, (714) 412-2722 City of Tustin 300 Centennial Way Tustin, CA 92630 Contact: Benny Tenkean, (714) 573-3161 Jeronimo Road Contract Amount: $649,000.00 Start: 3/2007 Completed: 5/2007 Weir Canyon Contract Amount: $795,000.00 Start: 3/2007 Completed: 6/2007 North El Camino Real Contract Amount: $1,400,000.00 Start: 4/2007 Completed: 6/2007 Citywide Street Improvements Contract Amount: $1,392,000.00 Start: 1/2007 Completed: 5/2007 Seal Beach Boulevard Contract Amount: $930,647.00 Start: 12/2006 Completed: 4/2007 Jamboree & Tustin Ranch Road Contract Amount: $2,700,000.00 Start: 11/2006 Completed: 4/2007 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 2, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE — ADDENDA 1 Changed Item No. 16 from "Install Traffic Striping in Kind" to "Install Traffic Striping and Signage per plan". 2) The attached striping and signage plan, date approved July 2, 2008, shall be incorporated into the Project Plans as Sheet 1A of 1A. Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Nui Company Name JLL �1�{—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 Jim Wagner at (714) 536-5431. I� City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 8, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE — ADDENDA 2 Changed Item No. 9 Units from "CY" to "LF". Changed Item No. 20 Quantity from "15 TN" to "170 TN" and item description from "inches" to "feet' Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Two, dated July 08, 2008. Company Name1G— (1 1� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 9, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED NOTICE TO CONTRACTOR NOTE ON TITLE SHEET (Sheet 1 of Plans) —ADDENDA 3 Last sentence of Notice to Contractor changed to be consistent with Section C Specifications and is to read:"It is of extreme importance that construction activities do not occur until after September 16, 2008, following the end of the Belding Sparrow nesting season." Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Three, dated July 09, 2008. Company Name —brz-4 f Z,�/` V� �e Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. U. Fidelity and Deposit Company of Maryland 9"1 Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the Surety, (hereinafter called the "Surety"), are held and firmly bound unto of Huntington Beach laws of the State of Maryland, as as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ), 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 Magnolia Street Sidewalk Project from Pacific Coast Highway to the Huntington Channel, Cash Contract No. 1228 in the City of Huntington Beach Bid Date: July 15, 2008 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of July — — A D., 2008 witness III j witness ALL AMERICAN ASPHALT _ _ (SEAL) principal ME�_ rqq ve Title V� t id y FIDELITY AND DEPOSIT COMPANY OF MARYLAND OWEN M. BROWN Atiorney-in-Fact Printed in cooperation with the American Institute of Architects (AIA) by l=idclity and Deposit Company of Maryland . fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310. February 1970 Edition t31 D7000OZZ0701 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 7-14-08 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared _ 014EN M. BROWN Name(s) of Signer(s) Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(p) whose name(e) isho subscribed to the within instrument and acknowledged to me that he/gI11111W executed the same in hisAMMOO authorized capacity'm), and that by hi signature() on thp 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 corr WITNESS my nd official se X Signature--_ Signature �Notawy -Public 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: 7­14-08 Number of Pages: Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer(s) Signer's Name: _._0NXN Signer's Individual -I Individual Corporate Officer ---- Title(s): Corporate Officer 7 Partner Limited General Limited General Partner --- � - .9 1:— X� XXAttorney in Fact ENEEN Attorney in, Fact Trustee Top of thumb here Trustee Top of thumb he€e Guardian or Conservator Guardian or Conservator Other: I i Other: Signer Is Representing:-, Signer Is Representing: FIDELITY AND DEPOSIT COMPANY _0F­MXRYLAND ;C, z 2607 Nal'onal Notary Association- 9190 De Soto Ave_ P.O.Box 2402-Chalswvorlh.CA 91313-2402-vr4w.Natiop.aiNNary-oig Item 95907 ReorifecCaRlblWfee 1-W0-876-6827 State of California County of Riverside on July 14, 2008 before me, Debbie A. Matsen, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(sj of Signer(sp who proved to me on the basis of satisfactory evidence to be the person whose names) Wafe-subscribed to the within instrument and acknowledged to me that he/she/they—executed the same in DEBBIE A. MATSEN his/he#theif- authorized capacity(ies), and that by histhe� �. Commission # 1775685 signatureW on the instrument the persorj, or the entity upon behalf . -es Notvey Public - California of which the person($) acted, executed the instrument. ' Riverside.County "yC0rr1M­EIV1AwNov22,2on i certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,ae-,, ` ! ' z:f'- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person 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, City of Huntington Beach Document Date: July 14, 2008 Number of Pages: 1 Page Signer Other Than Named Above: Owen M. Brown Capacity(ies) Claimed by Signer() Signer's Name: Robert Bradley ❑ Individual Corporate Officer — Titleo: Vice President ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee Other: Signer is Representing: All American Asphalt Top of thumb here Signer's Name: ❑ Individual Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Ei Other: Signer is Representing: Top of thumb here Power �IDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, k/h?are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date he�cf) y nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and <� ta�Wor�eyfifi°Fact, to [Hake, execute, seal and deliver, for. and on its behalf as suretyand as its act t, '1 � al � takings, and the ' , Us execution of' Such bonds or undertakings in pursua� pf ' prx�ttt , s I�i Pon said Company, as fully and amply, to all intents and purposes, as if thi �xc�e ��i�_ t ged by the regularly clected officers of, the Company at its office in Ba1�rI hrt�v..�trer` This power of attorney revokes that issued on behalf of Owen M. �€d��;�C�atcidWI`r 'yc r�`t If. The said Assistant that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By Lat opany, and is now in force. IN WITNESS WqEI2Z the said Vice -President and Assistant Secretary have hereunto subscribed their narnes and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day, of December, A.D. 2004. ATTEST: rrj UPC,� P .r � {cp•°q°� f r' _ o Q w.ro I Eric D. Barnes A.WSMW Secretary State of Maryland ss: City of Baltimore M3 Willicnn .I. Mills 1-'ice 1'rYsiden! On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS. Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the uldividualS and officers described in and who executed the preceding instrument, and they each acknowled-ed 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 and that the seal affixed to the preceding instrument is the Corporate Seal of, said Company, and that the said Corfor<it Seat and their sip -natures as such officers were duly affixed and suhscrihed to the said instrument by the authority and direction ol' the said Corporation. IN TESTIINIONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the dac and year first above written. i tr�titri"��a. - ;Llcrria D. i daln.ski Ni�rary f'rrhlic My Commission Expires: July 8, 2011 POA-F 0 t 2-a t 60 City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC .ROAN L. FLYNN CITY CLERK April 2, 2009 Alliance Streetworks, Inc. 1111 E. Kimberly Avenue Anaheim, CA 92801 RE: CC-1228 — Magnolia Street Sidewalk Project Enclosed please find your original bid bond for CC-1228. Sincerely, Sister Citi6g5ifo�*wdapat)teWit 6 tdeoNew Zealand (Telephone:714-536-5227) ' ALLIANCE STREFETWORKS INC. KIMSERLY AV--NUE AWAHEIM. CA 92&::�l c-r-ty 260o 'ST0FWAU< P(,ZOAFCr TY-4 TAF (,7LT-/ OF NOT 6pcel in,JrrrL' far f e - 2000 I. 15 PH 1-55 UIITN:,E H B City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 9, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED NOTICE TO CONTRACTOR NOTE ON TITLE SHEET (Sheet 1 of Plans) — ADDENDA 3 Last sentence of Notice to Contractor changed to be consistent with Section C Specifications and is to read:"It is of extreme importance that construction activities do not occur until after September 15, 2008, following the end of the Belding Sparrow nesting season." Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Three ted July 09, 2008. ALLIANCE STREETWORKS, INC. x t1 Company Name By Ronald P Gardner Prosidw -7 /9 Lab Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 8, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE —ADDENDA 2 Changed Item No. 9 Units from "CY" to "LF". Changed Item No. 20 Quantity from "15 TN" to "170 TN" and item description from "inches" to "feet' Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number Two, dated July 08, 2008. ALUANCE STREETWORKS, INC. Company Name By Ronald p G&tdW i *SWW Z8 IoB Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. -:ur.',ington each �.loiic V\ orks 01,epartment - - - -- '1000 !fain Street TO. (71 !• 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For MAGNOLIA STREET SIDEWALK PROJECT From PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 in the CITY OF HUNTINGTON BEACH July 2, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) REVISED BID SCHEDULE— ADDENDA 1 Changed Item No. 16 from "Install Traffic Striping in Kind" to "Install Traffic Striping and Signage per plan". 2) The attached striping and signage plan, date approved July 2, 2008, shall be incorporated into the Project Plans as Sheet 1A of 1A. Bidders shall submit SECTION C with the most current revised bid schedule. This is to acknowledge receipt and review of Addendum Number One, dat d July 02, 2008. A ANCE STREETWCRKS, INC. x Company Name By Ronald P. Gardner Pry 7 /z. los Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jim Wagner at (714) 536-5431. s SECTION C for the MAGNOLIA STREET SIDEWALK PROJECT from PACIFIC COAST HIGHWAY TO THE HUNTINGTON CHANNEL CASH CONTRACT No. 1228 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 75 working days, starting from the date of the Notice to Proceed (NTP). The NTP shall proceed after September 15, 2008 following the end of the Belding's Savannah Sparrow nesting season. 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 Tterri N : Estfinated nt�fiy. Tteiri:with::ui��t:puce:':::: ::: ':::::::::: writfien �n words ;:...' ::......:ztended nit Prace : Amount:. 1 1 LS Mobiliza ' @ ,r Dollars k(V Cents $ dt�b° $ 50,006, Per LS 2 1 LS Traffic Co trol Plans @ try ►"`w.,4 -3 Dollars U&V, /� ' r 0 Cents Per LS 3 1 LS NPDES Compliance / @ -1-:0 t (U C �y.5 .4.^ Dollars $ G� �"� $ G Cents Per LS 4 80 CY Sawcut and Removal of Existing Asphalt Concrete @ d�l�C . d--.i fu 4! - Dollars M 1=1 Cents Per CY 5 1380 LF Removal f Existing C nerete Barrier rs ,y` � Cents Per LF 6 325 LF Removal of Metal Beam Guard Rail and Posts @ t,?, duN-,, Dollars $ -I- $ ZZ 0'D Cents Per LF 7 1645 LF Construct 8" Curb & Gutter per City Std. 202D @ d4. Dollars $ �[ /• $ '� #a og? 1 r" O Cents Per LF 8 12910 SF Construct 5S' ewalk per City Std. 210 @ � �'t/L2r Dollars �o $ "' $ A, /A/y Cents Per SF 9 400 LF Construct Concrete Gravity Wall (H = 2.5'-3.7') 5'� @ �/� Dollars Cents Per LF 10 1 EA Relocate Fire Hydrant Dollars b Cents Per EA C-IS REVISED PROJECT BID SCHEDULE —ADDENDA 2 Meth Estiriated Qua>rit ty : It�efei:r�it4:ungt:Prk : :... : :: ......... .......... wrist. is n:words::::::::: ;....... xtertded::: 11 2 EA Modified Curb O�}p�ening Inlet per City Std. 301 @ l em '7r oasmgL Dollars $) 0, 000, $ 20, 0ot?, No Cents Per EA 12 2 EA Furnish and Install 8' X 4' Rip -Rap @ A0 L" •C..Dollars $ J02h>• $ _ I Cents Per EA 13 2 EA Construct Local Depressions City Std. 302 //per @ -Two a a,-2p Dollars $ , Cents Per EA 14 1330 CY Import Sele ill @ Dollars Q ` Cents Per CY 15 1780 LF Furnish and Install 42" vinyl coated chain link fence @ -TUoft'� t' Dollars $ 20 ' $ �9, 8'40 c" No Cents Per LF 16 1 LS Install Traffc Striping and Signage per plan @ ✓1 _r�uJS A,.- C� Dollars $00")' $ 1 Q, /\I b Cents Per LS 17 275 SF R & R Driveway aay Approach per City Std. 209 @ f-1 Wl � Dollars � 14 b Cents Per SF 18 53180 SF Slurry Seal Entire Surface with Type II @ / Dollars OC �,� Cents Per SF 19 13830 SF Grind Existing Pavement 0.17' Min. @ Dollars $ S/ Cents Per SF-- 20 170 TN Install AC Pavement 0.17' Min. ( @ .9 Q � � [,�'h Dollars $ �_ %� $"'J/Too Cents Per TN C-2s REVISED PROJECT BID SCHEDULE -ADDENDA 2 Item ltto.:. ::Esfi iAted .:::::::::... Quantity :.:. :::::I un-with unit:price::::::::: ::::::::::::: «.n.wvrds....::: >:::::... ::::. ::::::::::::::::::::::: Uuft Pace :.....A Eztetided.: : 21 1 LS Obtain Caltrans Encroachment Permit 1 /, Dollars $ i�� $ 1,27 (, Cents Per LS 22 1 LS Install Ped. Light Pole, Luminaire, and Foundation @ niri:tk ` otAsAK_d, Dollars $ 3», 000-"% $ 3o ooa• %' Wo Cents Per LS 23 1 LS Install Conduit, Pull -Boxes, Type III Service and Conductors in New and Existing Conduit_� @ Farr -60 40U-mT'i Dollars $ 42,bdo, $ LtZ, 000,E OD Cents Per LS 24 1 LS Traffic control @ I ltie'-i-�'ru.L&A'a ti A �'UAm_tir4Dollars $ 13,g00,` $ ['too, �io Cents Per LS 25 1 LS Remove Existing items as noted on Plans h U V SA"� �tv1 1CL ' �-C�' Dollars $ $ Cents Per LS 26 4 LF Remove and Replace 6' Chainlink and Posts @ o.��o /� l� �P %��rDollars Per LF 27 1 LS Relocate Existin Guard Rail Post and End Plate l (� @ F-�L Dollars m $ 5Cb- V Cents Per LS 28 2 EA Adjust Water Valves Grade @ �ly{ L Dollars $ 1 $ ` J V Cents Per EA 29 1 EA Install SCE hand hole cover C @ J%-'to T°'� Dollars t $ o �SQ, �I u Cents Per EA Total Amount Bid in Figures: $ 611 'jo , �° 5'U Total Amount Bid in Words: � vc, �-Q�l �, �}�►ouscvnd� - 5ev-t- Nkn ----------------------------------------------- ----------- - -- - - ---- ------------ ur A O M*-, A ZPND J C-3s 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 BrooEW <- r3oND 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 -7 1 Z Dy x Z -7 /o va C-2 1P LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion o Work Name and Address of Subcontractor State License Number Class Ln. I'u 351 W tk es" 280 590 5fk d J'V j6aoa Co. 141. 1g5o h a.Qd kt, 91aj.fb 15z3o �ijJl4tl rk . 1 inLOlh Qf�u i(;, qsb► LM ¢jG.l�GIMI�h-Q,l"lL 823oi yq> fal f to+� i�we�►�{ Cba s f t &1qq i rto b 0 3l 01 Jy� y�A ha -Wes+ 12 5l b VAaAk, LAktg; dr, 7 31M By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ronald P. Gardner , being first duly sworn, de d says that he or she is Pr"dent okUJANCE STREETWbRR9s,W1 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. AWANCE STREEMORKS, INC. Name of Bidder X Signature of Bidder RonaidP.Gardner ALLIANCE STREETWCRKS INC. 1 1 1 1 E. KIMBERLY AVENUE ANAHEIM, GA 9��{oti Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MAGNOLIA STREET SIDEWALK 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 It E a DANCE STREETWORKS, INC. Contractor 13y Ronald R Gardner -- Presidant Title C-5 CALIFORNIA ALL-PURPOSE ACKNOME®GMENT STATE OF CALIFORNIA COUNTY OF nR NCF ., , On ' ' coax bdfore Me' MICAAEL' D. RAY, NOTARY PUBLIC. Notary Pudic personally appeared Ronald P. Gardner wtio proved to tie on , e basls.of satisfactory. evidence to' be the person(s)' whose name(s)' lslare subeortbe,d to the within instruMent and'acknowledged to me thatihe/she/they dxiscufted 'the same In his/herRheir authorized capaclty0as), and that by his/her/their signature(s) on the Instrument the person(s), or the'entity upon behalf of which the person(;) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laof the Stagof Celtfcmia.;that ihe;toregoing paragraph. -1s•true' anti Wrredt. • ... ... _ .. .... ...ws.. „WITNESS my hand and offlclal,seal. ''WICHAEL D. `RAY w CON7M. #1658499 xr H + O V ' J NO'�•"' II-UBLIC-CALIFORNIA. — 41� mCOUNTYMyCorpi ,m ExesMay4.2010� • M , ti.�yyve,.wg•;a�a,�` : n�:'di.; �.y L Affix Notary Seal Here Though, the data b®low It not required by law, It may prove valuable to persons relying on the document and could prevent. fraudulent reattachment of thls form. CAPACITY CLAIMED EY SIGNER DESCRIPTION OF AT'TACHE0.DO•CgWENT,. D INUN,'IDUA.I. Q CORPORATE OFFICER Title, or type of document . ❑ Partner(s) ❑ Llmtted ❑ .General Number Qf pages ❑ . Attorney -In -Fact C(• Trustee(s) . _ t ❑• Guardian/Conservator . ' Date of Dpeument� I]' -Other Signer(sj other then named above Signer is repr®senV0.9: . •Netiae• of persdn(sj. �r.entity(I,es)' •, .: � .. • . ' •• ...' ' . J. is DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 711 S ca ALUANCE STREETWORKS, INC. Contractor X By RMId P. Gardner Proslident Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: ALUANCE STREETWORKS, INC. Contractor By Ronald R Gardner President Title Date: '7 f As Los Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ALLIANCE STREETWORKS INC. Bidder Name 1111 E. KIMBERLY AVENUE ANAHEIM, CA 92807 Business Address City, ((714� 449-7000 Telephone Number $12221A State Contractor's License No. and Class Original Date I: Expiration Date The work site was inspected by Ronald P. Gardner State Zip of our office on JvLy 3 , 2008 The following are persons, firms, and corporations having a principal interest in this proposal: Ronald R Gardner President Rick Ruch Sic! Treasurer 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. ' A ANCE STREETWORKS, INC. Compan ame x Signature of Bidder Ronald P Gardner Ronald P. Gardner Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ SFC- A` 7-4c K ED 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. � EE A TACale-o 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 CALIFORNIA ALL-PURPOSE ACK,NOWMGMENT STATE OF cALIFORNIA COUNTY OF nR1s NGE On 3ui2y 15 , 7_WP bdibre me' MICD., RAY, NOTARY PUBLIC, Notary Public personally appeared Ronald P. Gwdtw WR proved tome on the basis.ofsatisfactory. evidence to' be theperson(ty whose hamp(s).'.Is7aR subscribe'd*to the within instrument and'acknowledged to me that he/she/tNey dxLecufted'thd same in'hifterAheir'authorized cA;iadtyoee), and that by hli/hedthelr 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 PERJURYuh&r the)aws of the Stati oftAIffqrnia.thq`t the *apip q_p ph. -19 Irue anti Wrrad. t ,.W,ITN,ESS. my haqd and officlal.seal. RAY C 1658499 NO-,, VUSLIC-CALIFORNIA 0 COUNTY - to 2610 ;,'M tzxpi�esMay4. K Affix Noti6Seal 'Here ' OPTIONAL************* Though* the data b6low It not reqUired by liw, It may prove valuable to persons relying on the doc6ment and could prevent fraudulent• reattachment of jthfs form. CAPACITY CLAIMED EY SIGNER DESCRIPTION 9F ATTACHED.RPCqPIENT, El -IN61VIDUAL. Q CORPORATE OFFICER, Titib(s) Title, or type! of document 0 Parther(s) 0 Limited Nurnb6t Of pages 13: Attorney In -Fact 0 TNAti*s) 0. Guardian/Cdnservator Date of Document D -Other: Sldner(s)'Rher then named above Signer Is repres6nflog­. -Not ,of p�dn(s)&AM4(lqs) 1. job: Pavement Resurfacing Value: $1911,144.00 C'oz y"'Ietior? Date: December 200/- Ageucy: Cvity_oFYorba-Linda 4845 Casa -Loma Avenue Yorba, Linda, CA 92886 Corttac': Fei-narido Salcliva, 714, 961-71 70 2. so -eft'fum Pockets Improvements Value: $167,800.00 ` 0j pletion Late: Apz-il 2C) 3 Agency: City of I:aguna Niguel 277-91. La Paz Road Laguna Niguel; CA 92677 Contact: Nicholas Re' qn ;949 362-434 t 3. .rob: Hacienda Boulevard Value: $336,784.00 C''ori,,pletion Date: May 2003 Agenc' v: Los Angeles County,Dept of Public Works 900 S'. Prztrlopt:Avenue Allianibm, CA 91803-1331 onrac . Qseph !U y u F `c - ,rU-�. t Avenue S0. t Improvements s�a�iii�'i 1-t. �:��i�. ,�ireF't va . r 199,500,01( ic. 1v:2^. x'jt,�e$v oS'= matt_ N"!Cl v ..��0O- . - - OTC -,Ul %`� v9i 2 ' iittilgto 2 $ ark 550 Miles venue vine m ton Park., LEA 02` 5 z,t;E 'loin: Soul-h Street Reconstruction /adze, $ 16, j 3.00 oz } e s.io Date: August 2003 A�en-v: City of Cerritos 18125A3ioomfield_Avenue en-itos, CA 90703 Con" tct' _ a1 A.bOgast €1562) 91_6-1219 6, ;olbk: Rehabilitation ofDenni & Moody Street. ✓'ast'te; 2i ,437.00 S221,437.00 t. �¢er OJ� pietin � 1:0 -1e< : � - - �ltV 6f Cypross may 52 75 uraftae Avenue _ r lit E ss, CA 906-10 Ct taut: Kalryiran vadbeh r 7 A 229-6756 7. ]o Street ln���r ve nents 195th Street Va ,, -$6 &380.0{ k: oflyiplet3on Date, October 1003 . A�,=cv: City of Cerritos _ 1.2.5 aiifl{'v�ifu, vPiii��v ` ,errlt�i cf� CA Q'(1 03 -� .._.-a c-. Hal, ASbo-ast 5629 lL�-12 9 S. so y: beck Avenue lrnprovements V a hue: $84,487.00 Fi E.la P;',fijl L ate. iA hniial }T -h iJ 0_ 6rF znc � Beach -fl of l�lanhattan Bete, _- L/l( f :-hotel i:��- A jenl e 14(? S�ia-Bi�Ab ����6 r i 11 l ":° 1 nnor. L-4aC"'i.. -!i � I. 0-'ea i It ire '-.frS �!-a' '€/aT70 ' 1 6 6\' ,- 10. Job: . Local Street Gvertay with Curb & Gutter Value: $1-,0717,610.00 Completion Date: April 2004 Agency. City of Not -walk 12700 Norwalk Boulevard Norwalk, 'CA 9.06,50 Contact:Randy Nilltnan (562" 929-5719 11, job: classel t eet Recorlstructio- Value: $444,104.00 C-0-- ao-letioi Date: 2004 Ancy; ge � ty of.O4'a nge 300 E.Chapman Aveilue Orange, CA 92866 Co'ltae Man, Truong (! 14 74-` 568 12. fob: Pioneer boulevard Median's Phase 11 ,Value: $675,500. 0 r.ortf�lenor<yDate: w May 2004, Abei,cy: City of Artesia _ U7 `7 larl�cale f'Svetste A.rtesaa.. C ,l)7s11 t 94.0' Ili 6--26,86 l .s lo';. Fit; to �� Installation Pio?ieer �vaec i��:.> Value: $J94"8"3 8.00 i (-Jill!e I()Ii Date : Mai 20,0, 4 Ace-nc,,,. ^ tV.c) f`.A-ft eS krtesia. (-'A 90701 Corl'ac., Carlos A' ba 947r % 66-2(1,86 1�-tJI:LASS.iat ll'4i'nV�+ iraff-!C �ialUe. n �1etionDat3: but-y 2004 . Age} icy: ; t` Afalei� Jl� A_ al?e �/ii� ' u1eVar t. Anaheim. 2805, �-cntac`. ✓huC'k p/S+�liiti- 1'^z;" rlj 15. Job: Imperial Highway Value: 5277,616.00 Completion Date:. June,2004', Agency: City of Santa f e Springs 1.17-10 TelegraphRoad Santa Fe Springs CA 90670-3679 Contact: T on"y Ohnos 562) 868-0511 16. Job: City Street Repairs 2003-2004 'N'alue: $313,7:; 7.00 Completion Date: July 2004 Agency: City of San Juan Capistta110, 32400�, Paseb Adelanto �3a11_ tlal Ca1?1Strano. CA 921(-,75, Conta 'c � lan Peri=y z'949)) A-43-6353 t 7. Job: Jer6rIIIno 'alpe: ` 7-.31'5:0,0 Con-ipletioPl Date: yugust 004 gency; C: ity of ake Forest i�iPi- per, eli1rU n v z� ry Lake `F�_?r; st, C A 92630 Gene Foster (( j � J i. JCiE:. e 't]1'iaclli` of dose Di"I e value: $48" 40.00 C i't1p--etPor: Date: Nl ovetabei' 20,04 Ot •, h'- 30 P-eni-I Streety�I1 i1�3; r:f i"; C2111.90662 A,__ ea._..ler_.ardez rt q' �' t ,i t" at'-Y f-0 1 t1€, �`. t.i a 11 1"1 1_1._ 8 l 2, 00 o m') e t i o ry Da.e lantlal 2C G, -5. Aa'ei 4y• '. C -Y 0;.- Ai�c l -- "" - 240 V, loll mt!."n ,ol1- 1 'r \f- - - - Arcad1P , lry' 1 9-t 066 t. ..1t., (62 i -4:.5 4g� ° aec < 20, Job: Ir provements of 7th Street Value: ,�,)251,532.00,, Uomi le ioln'Date: T ebruaiy 2005 Agency: CityofLoiig Beach 333 W.. ceaii'Blvd. Lorsg Beac4,.CA,%802 o_ ta.c?.; Charles Ramey c ti! 4'71�-�3� z�z : 1 ail cSya3. ti? n Aveiiue (0edi oc ° _ a,f CP, _,0D - 10;.1 Cy'yaxson Street C0i;tact G.hia1n /lassou.0 .71600 >2. .9«{>; J to 'i v E`itly Lii-hancennet,_ts `.'ai'« S /'7a72r .0.0 oa2t ietit� 2te; 1,y,20 City 01"aguna .Mills M.'S r.'f C� .: R , . '.L;7I?:-lillS, C� ?5 3 li4PY�{ iei�i Ken 049) fit, l_.2Fyc`. 2=. J« ;_wi alalitalioi t�i'xv f-,1lboL ci fli;itti'l j of x _svc 4(.�ln " A & _i4ey (".i"-_`,/ of 'tiicad' 1 r1 vk . Hunti' aton Drk , zk_ _,ael a, CA 9, O 61 54 vai M`-::'1_e c.,)Jue: v f✓' A zei°nC . C t J C? ta4tt. 4'� , h 'Ve� �wlaLe d_,= ''ltuC iei't D o;�S. l- 1 ? 7 9-,Q222 _--- ------------- 5. b: C:vxc. Center / M�et]ox Street Irnproveinez�t Value: $268;941.00 xnieti n Date: Decenber 2005 Agency: City of Manhi ttan Beach 1 00,1-lighland Avenue Manhattan Beach, CA 90266 �=,ntact. a arba Greenwood 3 , 01) 802-5 -3 52 , 6. J ; ,yea? Beach Bode v'ai d Medan isia,.( /atUe ` / 78;793.00 ` 016 C�e}ic 11 � i'v, l eai 3eUc I 2"11 E7gIntb,Stree"' (�l Seal LSeLi i✓Ii9\f-/s �.'{f Seal r"7 41 '-22 6 �pi.ej�t aF iC�{(j?�13.t ICF )n of 2inllta � x—E/' ui,, ,t t Blvdi i] � -1 e� lOn Date: ,i'ainui Ci�i r' Citv�,,— Arcadia _ Age II---y:_ Al) r�~=w c�« D1 a e rca0'a "c' W66 CC ?i�,.1fJ3 ,.; Ls.�» i �.�!li �� .,... F0; lI s('- ti Cli'a �.iiL'7 tJX .._C1€FUg�.�i V!�e,, •_-.l a_J t. itz i{CiF --yy [U, �E Ci J n� ',ram-p J0, i{.��f. Jui*_pa Avenue.Uralxei-pa�ss Phase k °Ja luy $2201 21,00 Co-i --legion Data t,,4arch 2006 A 9 City of Riverside - ISO NOW Jii evk UIrsid, CA,-2522 .ontaet. -}hoimas,'` oyd (95 / S'M3411 . i. .Eaaclh: Pedcsfrimi GC)Au lily?' �'.' I1s'i1[. `,`_ !`.cif a_.`'C F1.i'- dal _.c �',` �' `!, P60.'tl�l, q 5�`'� -tit 1"� _iCS �. Fi. .�iiY^: s� /f�t fi' 1' `.. t, rre,•.2Cyo {}ito" Hic,ntiiirto NO< 55,i rvjiles Avenue C ;t ,t: i 3:1} 58?6130 31 i:J,}. tvio ititigside Drive Street Stabi.?tz aiioll F nr".iiic?, Q � ct6: .3 i7 a BeaCh_, Cry 9,2)65j _�_f?9w / 33. otP: ` u.6ri;&ncy Access Lane of Hidden 73troi/c ,L,,-iic _`v ci pl✓t. "oii ice+:#tc'. I!/i_CCi qlIn 20lJ'J A g7,ci -'ti _yi¢j� s_•?i'r ii�� i `�`i13 92,305 34.loty /l.'''.J 1- fi✓'i,")6 (_',DBG Si -reef a _ 1 � : �� 3 9 r ..'_t y Fes. .. L..0011 _isytion.•ice` '6' : . _. LL ak.'r�'Y�i:.i.�.. .. , . . -., "=<.'`% ity :.'i�.cri'side Y t r 2 rb CC 15. Job: San Gabriel River Bicycle Trail Rehabilitatiot; Value: $4051,874.00 ".� Coi-.pletion Date: August 2006 Agency: ' ACDPW 900 S. Frentiont "Avenue Allian-ibra,_C A, 91803 Con*act: Thomas Hoagland f626) 45 -5100 ` g(D. .lob: hnprmefnei.ts on El Toro ?d & Paseo do V alf-nc a Value: S l g23)1,3)' 1.00 tillf il etl�Date: anua ?007 Age..c ': Ctty cf Lguna Hill s 24035" E1 Toro Road tagltria�Ills,��`A�.92��53 act.e`.oSetiii.�ii.tl .. 949 } 707-2650 37. J`v`Ci: T' St'ti -.0 Ial7itian` ntersection 1t.lprovernIe is , u ..29,11 2 ri'y- � 0. Coi-tl-letton Date: F&b,jf�-jry?00, Ageacy: t'ity of C=rahge tE1(1 i ('i�ar� nar .A-ve u OIrailge,,QA 92866 C Gntact: Alan ,,ruor.g . 141714-2277 dose Street Storm Draln Irnprovenaents Va1'Ile: S568.95 ,00 �E_ii'1=ji`-1 ki ycS e. a alc'`l 0(S XQtt.. ita Ave-,pie Q-gin�- ti-ly i£eil,,i CA90680 C ``gin a.cf, 01-1W3 i E L' s ... �i u��. -S/a?el<.. v S 2"__. . , �...i i_iill' {J�-* i. �� a C: c- i6mi. e,-, .. - - S i j ? jv/ i i L.l€ ii.e lfs_ _'c k gvr ct� i ;-: . P S92 )0 _ :i _" �_ .. , ii_ , _ _ _l' 5 '. i:} Mountain Street Wide1!1ng lrrlprov(:mier, ttEC;s; A,. it URa.: MOTION 633 E. R.-oaldway rlera da'e., CA 911206 1. RE J', B,ji h S'n.,eel. at Ass e c tf. edil Road. Ws.s,.L _ ,'ivic Center Cr `'reat C. 92 Q, 1 Cpntaca: {fi£il n dl-li ler 714.) 990- 7 600 _2 cLv: El- Toro Road 6.'Lr a.otCo Road 'Intersection ilh p'10 J-I .-„p_l.ts C"o,i-n,J'lcfioa Date: iy4arch 2008 ggency: City of ? a.l e Forest 25550`Lo-nniacentre Dr 4100 Like Forest, GAi 92"630 t'omact: Gene Foster. `3..:oo. i I.'.live li[�p ovennents P oiect 2L°,06-2i 0 VCi hue: e: $ 2 9 1 , `f () 8 , 5 1 _.)R aple a 7 Vn Date: ii:a.c-i�: 2008 Agency: Ci y of Bel! Gardens 8327 Garfield Ave Bell Gardens, € A 90201 Cc,, tact. p Arian E_d3 ani ll, f"' ,` �''?\ 8001770 61) i)� gE� 177 r ( v � 4'3, ioil. ',T'tic.0i Cove aprove lent Project, Phase >! ( 68700 Avenida L. to Guerrero cl at�l}pefal (,Ity,, GA 9/234 �_, of �-ta ct. Martim van R001''en - � g ,151) 84S4391 (SiNdC1ili121wor on '[116,trtOji'u) „` A) Bond No. S-604 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A31 Q KNOW ALL MEN BY THESE PRESENTS, that we Alliance Streetworks, Inc. 1111 E. Kimberly Avenue Anaheim, CA 92801 as Principal, hereinafter called the Principal, and Safeco insurance Company of America 330 N. Brand Blvd., Suite 680 Glendale, CA 91203 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10°s 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: Magnolia Street Sidewalk Project - Prciect No, CC-1228 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 9th day of July, 2008 Alliance Streetworks, Inc. }Pxincipalj (Seat) (witness) RMtrP7T �(TIt1e) t Safeco Insurance (Kritness) Daniel, Huc (Title) Attorney -in -Fact of America (Sea() AIA DOCUMENT A310 o BID BOND + AIA S e FEBRUARY 1970 ED o THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N-W., WASHINGTON, D.C. 20006 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran e On before me, Arturo Ay—ala NotaM Public D H hba pe�onuUyeppeumduani|��Y�����Y-----�--------..... Narrie(s) of Signer(s) who proved Uumaonthe basis ofsatisfactory evidence to bethe pemon(s)whose nume(s)is/are subscribed 1uthe within instrument and acknowledged Lumethaiho/shodho executed the same iohia/hec/th*irauthorized uapaoity(ioo). and that by his/her/theira|gne|uns(s) on the instrument the p*mon(s).orthe entity upon behalf ofwhich the ponson(u) acted' executed the instrument. ! certify underPENALTY DFPERJURY under the laws o/ the State cUCalifornia that the foregoing paragraph is true and correct. Witness my hand Place Notary Seal Above Signature of Notary 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, Title or Type of Document: Document Date: 7/9/08 Signer(s) Other Than Named Above: Signer's Name: Daniel Huckab LJ Individual LJCorporate Officer --TiUe(e)� El Partner — 1:1 Limited El General IV Attorney in Fact El Trustee LJGuardian orConservator El Other: S Signer Is Representing: Number of Pages: One — Signer's Name: El Individual OCorporate Officer —Title(s)-_ OPartner—OLimitedO8enera| OAttorney inFact El Trustee [] Guardian urConservator n Other: Signer Is Representing: m20mNational Notary Association ^��Soto Ave. P.O. Box 2402^Chatsworth, m9131,R-2402` Iternx5907 Reorder: CallToll-Free,-800-876-682r Bond No. S -604 S A F E C a POWER OFATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 93185 No. 13077 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint DANIEL HUCKABAY-, DONALD ROOPI Orange, California**'*' 4— *4— o4 ***1 its true and lawful aftomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 271.h day of April------- 2004 4 �— P C�C� CHRISTINE MEAD,- SECRETARY IM PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Sedion 13 - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the comparry in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that tire seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 11970- "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) Thy- provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof" 1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foragoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are tnue and correct, and that both the By -Laws, the Resolution and the Power ofAttomey are still in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the far -simile seat -of said corporation I this 9th day of July 1 2008 X SEAL SEAL X 953 CHRISTINE MEAD, SECRETARY S-0974/,SAEF 2101 0 A registered trademark of SAFECO Corporation 04127/2oo4 PDF CALIF® NIA ALL-PURPQ3E Ac , o 4.E f ENT STATE OF CALIFORNIA COUNTY OF ANGE On 5 , 1 b0bre Me' MICHAEL D. RAY, I40TARY PUBLIC Noffiry Pubilc personally appeared Ronald P. GwdrW .' ioci proves tome on the basis.of satisfactory. _ evidence to' be the person(s)' whose hame(s)' Is/are subscribed to the within instrument and•acknowiedged to me that•he/she/they exectfted'the sanieIn! his/her/their authorized capacitypes), 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 Stati.of bgIVornia•,that the.fniegoing paragraph. `IS'true' and oarredt. 4� WITNESS my hart'd and official .seal. • �"" -: -q OnNiA Affix ota . e Though -the data b6low it not required by iaw, It may prove valuable to persons relying on the document and could prevent fraudulent_ reattachment of this form, ❑ PartMer(s) ❑ limited ❑ . ®eneral ❑ : Attorney -In -Pact q• Trustee(s)•. _ ❑•' Guerdlan/Cdnservator ®• Other Signer is representlog.' • : '•' •Netrae•of peira�'n{s).�r.®rtfity{lee)..•, ..• � ,. Title. or type of document .. Number , pages Date of pocument Signers) other then named above