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GMC Engineering, Inc. - 2008-03-17
FROM: David Verone, Contract Administrator - DATE: October 13, 2008 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 Local Address: N/A Notice of Completion Date:9/9/2008 Contract Purpose: Retention Release for Cash Contract 1251, Safe Routes to School Cycle IV The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. 16 1� Dafe Travis K. pkins, Director Public Works I certify that there are no outstanding invoices on file. fv\J '4 ` `c t 'j-d 4L r a A� Date har' r idenrich, City Treasurer sfab� I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 1 D to Joan Flynn Clerk 1250 retention release memo .doe 10/13/2008 3:10:00 PM 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: Cash Contract 1251 Project: Safe Routes to School, Cycle V Sowers School 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 2 8 th day o f July , 20-9-� at Tustin , California. GMC Engineering., Inc. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AR Gennady Chizhik President CnYATMRRNEYA TUY o3• ab • oln 247542.1 CONTRACTOR'S CERTIFICATE 1, Gennady Chizhik , state and certify that: (Name of Declarant) GMC Engineer_inq, Inc , is the general contractor to the City of Huntington Beach ("City") on Contract No. 1251 (the "Contract") for the construction of the public work of improvement entitled: Safe Routes to School, Cycle V - Sowers School (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Tustin, CA onthis 28th dayof July ,2008144 (Signature of Declar t) Gennady Chizhik APPROVED AS TO FORM President By: sjrIja —tJ 3• Zo•dQ Name: [Type Name) Title: [Type Title] 24$414.I 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: Cash Contract 1251 Project: Safe Routes to Schnni, rVrri e V Sowers School 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 2 8 t h day of j u 1 y , 20__0,g at T„ G t i n , California. C;MC Fang] npPri ng' In(, - (Type Contractor Name) By: Nam Title Gennady Chizhik President 1L� 3 •-'2F6' OXp 209U.! RECEIVED'BY- CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) I { ' }Q after signing/dating t (Date) ! CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ri Freidenrich, City Treasurer FROM: cz-e� -S of c- DATE:er SUBJECT: Bond Acceptance have received the bonds for 6(� (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 Lor (Council Approval Date) Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: City of Huntington Beach Department of Public Works Engineering Division Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E 2008000425481 1135am 09/09/08 100 211 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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: SAFE ROUTES TO SCHOOL, CYCLE V; CASH CONTRACT NO. 1251 That said work was completed July 25, 2008 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on July 24, 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 August 29, 2008. s Director of Vrublic Works or City Engineer Ao/tity of Hu ington 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 August 29, 2008. 4 Director of P blic Works or City Engineer City of Hunii gton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00.059-TITLE PAGE (R7/95) RECEIVED BY: (Name) (Date) TO: ShA Freidenrich, City Treasurer FROM: (�,1�s Qj DATE: SUBJECT: Bond Acceptance I have received the bonds for C�/� �( z" (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. mv�v MSC No. Approved t� (Cou cal Approval Date) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 gAollowup/bondietter.doc 3 MAINTENANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, GMC Engineering, Inc. (hereinafter called the Principal), and First National Insurance Company of America Bond No. 6559414 Premium: Included (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 Two Hundred Seventy Four Thousand Six Hundred Eighty Eight and 00/100----------------------- ($ 274,688.00 ) 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 arch 17, 2008 , for Safe Routes to School, Cycle V AND WHEREAS, as a condition of acceptance obligee requires that, GMC Engineering, Inc. should guarantee Safe Routes to School, Cycle V for a period of Ones year{,, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered July 31. 2008 ___ APP VED A TO RM J R . cCRATHD City A mey GMC Engineering, Inc. BY: First National Insurance Company of America y R. Gryd , A orney-in-Fact S-374WGEEF 3101 FRP a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ __O1 _ -_D9a a I' State of California County of 1 nS A ncke, e S:) On July 31, 2008 Date personally appeared _ before me, C \-)o �bb n e-Tone-W)akh1er, n W Here Insert Name and Title of the Officer CHRISTINE JANE THATCHER Commission # 1716548 Notary Public - California Los Angeles County MyComm. EmolresJor126,2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose nameW Waft- subscribed to the within instrument and acknowledged to me that he/she,44W executed the same in his/ho reir authorized capacity(�es), and that by his/heFAheif-signature(g) on the instrument the person(W, or the entity upon behalf of which the person(po acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California thre foregoing paragraph is true and correct. WITNESS my hand andpffVial 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 ❑ Guardian or Conservator ❑ Other: Signer is Representing 1.RIGHTTHUMBPRINT-' _ 'OFSIGNERI Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTITHUMBPRWTI „OF SIGNER` J Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NaflonaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of __ Or a _ On Ylu � , (Here insert name and title of the ficer) personally appeared (Y-C-NA)A0tV Ctit'z�i�'K who proved to me on the basis of satisfactory evidence to be the persons whose name(ea is/,subscribed to the within instrument and acknowledged to me that hetlslpte/fey executed the same in hisjwr it authorized capacity(iosJ, and that by his/laeelheif signature} on the instrument the person(, or the entity upon behalf of which the person(a�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. (Notary Seal) Signature IItary Iublic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date %%3I O (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer (Title ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cah-lbrnia must contmn verbiage exacil}, as appears above in the notary section or a separate acknowledgment form nuist hr properly completed and attached to that document. The only exception is {f a document is to be recorded outside of California. In such rn.rtance.s_ any alternative acknowledgment verbiage as may be printed on such a document so long ae the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer-)_ Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County �%I cre the document signer(s) personally appeared before the notary public tbracknowledgment_ • Date of notarization must be the date that the signers) personalh 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 hi or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personalh appear at the lime of notarization. • Indicate the correct singular or plural forms by crossing oil' incorrect Ibnns (re_ 4e/she/they,-is /ave ) 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 teat or lines_ If seal impression smudges. rc-seal if a sufficient area permits, otherwise complete a different acknowledgment lorm • Signature of the notary public roust match the signature on lilt with the 011`icc of the county clerk_ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dil(crent document_ Indicate title or type of attached document_ number of pages and date Indicate the capacity claimed by the signer 11 the claimed capacity is a corporate officer, indicate the title (i_e_ CLO_ CPO, Sccretar� • Securely attach this document to the signed document 2008 Version CAPA v 12,10,07 800-873-9865 www.Notary Classes _coin UM11-009ii av,:xZiRt., KNOW ALL BY THESE PRESENTS: POWER First National Insurance Company of America Safeco Plaza OF ATTORNEY Seattle, WA 98185 No. 9392 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 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, 19J0. "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-aBomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-atomey 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, 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 31st day of July 2008 µr+rR,t p y��,yft98�q STEPHANIE DALEY-WATSON, SECRETARY S-1049/DF 4105 4 4 Safeco0 and the Safeco logo are registered trademarks of Safeco Corporation WEB PDF .....-.._.�.-.�.-..-.«...V'_:........:.--Y,-:.. - � �•-.:. �.... a� _....Y. .. y i=�.vw t i '.- ..k__--:.. 'Y—.. :,.:1'.A'.n.n-.J%,..Y ... RECEIVED BY: YYpp (Name) ", -1 1 ro log (Date) f I r I f CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating ,. _ .. :�, �� TO: �Sharifreidenrich, City Treasurer FROM: `>f-'' % /- `� 1 '>'� L- :rvc S DF- • 3 i DATE: SUBJECT: Bond Acceptance 1 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% (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No #27 g1followup/bondlefter.doc r � FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND p . FOR ^_ 9I SACe Rea,yes to choo� Cycle. \�' TABLE OF CONTENTS Page No. I . STATE OF WORK; ACCEPTANCE OF RISK 1 2, ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 1 l . LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14, PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16, AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORI,'RS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25, DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29, NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 TABLE OF CONTENTS, continued Page No. ATTORNEY'S FEES INTERPRETATION OF THIS AGREEMENT GOVERNING LAW DUPLICATE ORIGINAL CONSENT CALIFORMA FAIR EMPLOYMENT AND HOUSING ACT CALIFORNIA PREVAILING WAGE LAW CALIFORNIA EIGHT -HOUR LAW PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE EMPLOYMENT OF APPRENTICES PAYROLL RECORDS FEDERAL PARTICIPATION ADDITIONAL FEDERAL REQUIREMENTS DAVIS-BACON ACT DISCRIMINATION, MINORITIES, ALIENS EQUAL EMPLOYMENT OPPORTUNITY COPELAND "ANTI -KICKBACK" ACT CONTRACT WORK HOURS AND SAFETY STANDARDS ACT IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ENERGY CONSERVATION HOUSING AND URBAN DEVELOPMENT SIGNATORIES ENTIRETY 17 17 18 18 18 18 19 19 20 20 20 21 21 22 22 23 23 24 25 25 25 25 25 m t FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 6mc. E-N&I G&RI C, C... FOR s4e l�o�� e -to S c%oo L. P C y C. 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 M C ��19 Arai, c��.� aag� a Ca if ro « Celt fLar e-bA , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as SsTe kwA e 5 to a. %-001cycle- \1 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 all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not giagrec, surfnet'federal const 12-07 1 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; 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; -agreesurfneffederal const 12-07 2 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, the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference), and the Federal Requirements from F14WA 1273 and additional requirements (which is attached hereto as Exhibit "B"); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. giagree% surfnet/federal const 12-07 3 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 5 e r 6"Aje A F-aSOv E ialwt Dollars ($ 2 7Y, doff. 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 _51 v ( 60 ) consecutive 1, orkiao VS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions g/a,ree/ surfnedfedcral const 12-07 4 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 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any agrcu surtneuTedeial const 12-07 5 reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9, WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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 g/agree/ surfnedfederal const 12-07 6 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, the sum of FIVS RL44AMA- Dollars ($__ OD.- ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. For projects on the National Highway System (N-HS), the local formula for liquidated damages will be provided. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. s;aerec'surfnet/federal const 12-07 7 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work_ by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY 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 g/agree!sm-Not rederalconst12-07 8 (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an stafnet/federal oonst 12-07 9 increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, 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 Agreement price shall not be considered as a acceptance of any part of the work, g%agrcei surfnct/federal const 12-07 10 I 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17, WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. 1NDEMNIFICATION 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 g/agreei surfncVfederal coast 12-07 11 1 91 CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSI.IRANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, g agree'sud"net federal const 12-07 12 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 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g/agree/ suifnet/federal const 12-07 13 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD -PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may g/aerce/ surCnaTederal const 12-07 14 make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifcations, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. g-agreel surfnet/federral const 12-07 15 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES-, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: ,,,*ree/ surfnevfederal const 12-07 16 5 TO CITY: City of Huntington Beach ATTN: David Verome- 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: GMC Englineering Inca 4401 Warner Avenue, Suite B Tustin, CA 92780 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 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 the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTINGPROHIBITED 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. acaarcc/surrneUCederalconst12-07 17 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear . its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. -agree/ surrnel`roderal oonst 12-07 18 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of /agree,' surrnat/federal const 12-07 19 Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et se 1, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty- five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is e,'a�ree% suifnet/federal const 12-07 20 required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, g/¢Jgrcer surffia fcdernl const 12-07 21 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. Attached is FHWA Form 1273, known as Exhibit "B", which describes required contract provisions for federal -aid construction contracts. Additionally, the CONTRACTOR shall insert in each subcontract all of the stipulations contained in the Required Contract Provisions of Form 1273, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. Certain sections of Form 1273 may not be applicable depending upon the project and will be crossed out. 45, ADDITIONAL FEDERAL REQUIREMENTS CONTRACTOR agrees to abide by the additional requirements necessary for federal- aid (see pgs. 12-14 of Exhibit "B"). The CONTRACTOR agrees to buy only steel and iron made in the United States for all federal -aid construction projects ("Buy America"). The CONTRACTOR also agrees to be subject to the legislative and regulatory Disadvantaged Business Enterprise (DBE) requirements (42 USC Section 2000d, et seq.). If the CONTRACT does not specify the goals for this program, then the CONTRACTOR's obligation under these regulations will be determined by the CITY. The CONTRACTOR shall also sign anon -collusion certification. Select projects may also require "Federal Trainee" or "On -the -Job Training" provisions to comply with federal regulations. 46. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) g agree/ surfnedfederal aonst 12-07 22 for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). The CONTRACTOR will also comply with all provisions detailed in FHWA Form 1273 Exhibit "B"). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their g/agree/ surfna/federal const 12-07 23 discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or k,'aercc- surfnet/federal const 12-07 24 dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. giaQree� surfneUfederal const 12-07 25 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et sect.). 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. SIGNATORIES Each undersigned represents'I 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. 54. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver �or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge andl agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, o/agree/ surfnet/fcderal coast 12-07 76 inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on M4RCf¢ / 2�' , 20Of . CONTRACTOR GMC Engineering Inc. 1401 Warner Avenue, Suite 8 Tustin, CA 92780 By Print m ie ITS: (circleOne) Chairni President ice President AND By: _ �� ;?Z� — 6:::�/V/t4v �_','�eretary/ ITS: (circle one)hief Financial Officer/Asst. Secretary - Treasuer a�reci surPnetfe-doral const 12-07 27 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: —T_ 4 - G' ` Director of P blic Works APPRO EDl AS TO FORM: City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ro,f, I n r On Marc /,2�2 00e before me, (Here insert name and Me of the personally appeared 9 who proved to me on the basis of satisfactory evidence to be the person(.0 whose name( is/ire subscribed to the within instrument and acknowledged to me that he/slseftk executed the same in his/ t4etr authorized capacity(.i-s), and that by his/#er/tht r signature(4) on the instrument the person(.s4, or the entity upon behalf of which the person(sj 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 rW, r , Public K/►TW L. VAHM connnwftin * 1705381 Notoey vine • ea onva XF 0ron44 Courtly M Maw *10 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT �effiI�tL�uN�[�NS'�CUG'�`idt>) pNf'caC't"' (Iltle or description of attached document) Be6e,e9_U__e_f&1L_�l-I�,yd,o� gad G/yt ('title or deserip ion of attached EVicument continued) Number of Pages a Z Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Cl/fldividual (s) V Corporate Officer ne zid e-r ,- P c�c t �i ('Title) ❑ Partner(s) CI Attorney -in -Fact ❑ Trustee(s) CI Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exact!} us appears above in the notary section or a separate acknowledgment ffmn must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary, in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form 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) 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. Fie/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection oi'document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. 11' the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CPO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 in the CITY OF HUNTINGTON BEACH E- X#�6�-T /q , 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, , and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 �', f, r � Rat ,t ��. � ��. i.q �'.... "• a.P 1 For Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Ratescontained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008. l;/riC EN iaee.; NC. 114a- Company Marne By GeNNc ,ky C-k"Z oc GMC Engineering.Inc. fe-lor,o,cy l � Zook i4ol Wamer Avenue, Suite 8 Date Tustin, CA 92780 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. 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 &AAec31 gotA in the amount of $ to 170 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 GIVIC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 SECTION C PROJECT DID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: D C-2.1 GMC Engineering Inc, 1401 Warner Avenue, Su; 3 Project Bid Schedule Tustin, CA 92780 Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Igo Estimated Quantity . Item With U nit Price Written in WordsmtPnce _. Extended ou Amnt 1 1 L.S. Mobi ation @ 1 Ye i V-V .ea o Per LS $ $;. 2 3 4 5 1 L.S. 35 EA. 1 L.S. 1 L.S. Furnish Project Traffic Control @ 71-ewe fs � �,� Per LS Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A k W Per EA EA Construction Survey Per LS Monument Pres rvationg �/! ,.,F/�// @ �7`�� Oe L� GXiLC�Y liG� Per LS $J 5 5,01 9' $ 2� q55,$� !' $ -/ 00' i90 $ 3. 55 , PO 9 tQQ $ $ SZ)Qr &0 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp Construction) Per LS $VoK-53K-k $ FV1 �0^ 7 1 L.S. Traffic Striping and Signing @ ^�' fs . o� ✓R t" a Per LS $ /0 c 3 $ (0 Ssv. 8 1,156 SF Remove and Reconstruct Sidewalk @ %�l✓ � w Per S $ �0' 50 / �% p� $ ���, 13 , �' V 9 21 EA. Remove Tree and Grind 24" Below Surface Per EA cJ 00 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Remo 1 and Replacement) @ �i %k z4vez2C49 Per EA $ �" $ C-2.2 Project Bid Schedule GMC Engineering Inc. 1401 Warner Avenue, Suite 6 Tustin, CA 92780 Safe Routes to School — Cycle V (Sowers School) CC-1251 11 18 EA. Fumish and Plant New 24" Box Tree (See �* Appendix, ProjectTree Species Palette $ -?� 00 $ 9 9 3 Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance $90D, f $ l Poo' P @ p fzQ sS�c'ti, rJ� dlsd. Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pin. 207) with Curb and Gutter (Std. Phi. $ /I $ V t 202). Per EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class /i/S "� Martinez Concrete Inc. 920 W. Foothill Blvd. Azusa, CA 91702 (626)334-2979 License # 394471 C8 CONCRETE FLATWORK MACADEE ELECTRICAL 4755 Lanier Road Chino Hills, CA 91710 909-627-1336 Lie. # 583125 ELECTRICAL 7 ORANGE COUNTY STRIPING SERVICE INC. 183 North Pixley Orange, CA 92668 714-639-4550 Lie. # 346095 C 32 ,7 o)e4l0 C, �^� 1� 1� Star Landscape & Maint. 1300 Beechwood Fullerton, CA 92835 (714) 529-2548 Landscape/Irrigation License # 329274 C27 �,� w "" �� t 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 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 Z•,elG� ,j' JLSURVEYING 31206 Camino Lacouague San Juan Capistrano, CA 92675 949-493-77.51 Lie # LS5939 Land Surveying By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange G"00-aj U i tl i K , being first duly sworn, deposes and says that he or she is Pies d of G-#IC E1Qc, r`Me-dr;A)Qt -.bUC, the party making the foregoing bid that the bid is not made in the interest of, ro on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,. connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bid er 1A 4 &1 �' Signature of Bidder GMC Engineering Inc. 1401 Wamer Avenue, Suite 8 Tustin, CA 92780 Address of Bidder Subscribed and sworn to before me this day of , 20 CA S@e, NOTARY NOTARY SEAL C-4 CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ora�LIc e. On Februo ry /)f 2oo�r before me, kouu v L. &ArrjU✓n Nn{-,r._Pub b C I (Here insert name and t le of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name(s4 is/e#e-subscribed to the within instrument and acknowledged to me that he/ /t executed the same in his/ker/t4ie authorized capacityO, and that by his/k@f./*e+r signature(o) on the instrument the person(&), or the entity upon behalf of which the person(#) acted, executed the instrument. under the laws of the State of California that the foregoing paragraph 0111111111101 KATHY L. WRNlM Comn*elon # 1704M Notary PubNe - Co9fonft Oran" County comRn Nv 1I6.201#t ff /,, � Signature tt±Public 1 certify under PENALTY OF PERJURY is true and correct. WITNESS my hand and official seal. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT N0rjC,0 5L0,) _ ftw;c,� ('I itle or description of attached document) (title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer _"_ ` e� t_ (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) 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 names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • 'rhe notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CFO. Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryC]asses.corn 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 Safe Routes to School,.Cycle V, (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: GMC Engineering Inc. 1401 Wainer Avenue, Suite B Tustin, CA 92780 Contractor By GeN N)", CK,t r, r�2ta�- Title C-5 Check A License: Contractor's License Detail Page I of 2 Skip to: CS,LB Home | Content | Foster |Acu�s.s.i.b.i.lity ��/������ ������ ��~�'un^ m m�un��� m `�'m��� ���� STATE LICENSE BOARD limit 07 03 Xq 104% to CSLB Newsroom �� ��DISCLAIMER: A license status check provides information taken from the CSLB Board and Committee license database. Before relying onthis information, you should beaware ofthe Meetings Disaster Information following limitations. Center m CSLB complaint disclosure is restricted by law (H�Z124.fl. If this entity is subject to public CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to Frequently Asked obtain complaint and/or legal action information. Questions w Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Online Services * Arbitrations are not listed unless the contractor fails tocomply with the terms ofthe arbitration. * Check xLicense o, w Due to workload, there may be relevant information that has not yet been entered onto the Board's HIS Registration license database. * Filing aConstruction Complaint * Processing Times License Number: 583125 _ _ Extract Date: 02/12/2000 w Check Application Business MACADEEELECTRICAL CONSTRUCTION Status Information: 4755LAN|ERROAD * Search for aSurety CHINO, CA8171O Bond Insurance Buoin000Phone Number(9U9)027'1330 Company ------'_ -- ----- ---------- ---- Entity: Corporation * GeaohhnraWo�e� -----'—--------------' ----- '— — Issue Date: 12Men988 Compensation Company Expire Date: 1201/2009 *mm����rd�p�e License ���us� � This |�enoo m current and active. All information below should be ' reviewed. Classifications: CLASS DESCRIPTION 2/12/2008 Check A License: Contractor's License Detail Page 2 of 2 C10 ELECTRICAL Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 675360 in the amount of $12,500 with the bonding company SURETY COMPANY _OF THE_ PACIFIC. Effective Date: 01/01/2007 Contractor's_Bonding_ History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JOHN JOSEPH MC CARTHY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 12/19/1989 Workers' This license has workers compensation insurance with the Compensation: TRAVELERS IN EMNiTY COMPANY OF CONNECTICUT Policy Number: DTEUB5637L65007 Effective Date: 08/15/2007 Expire Date: 08/15/2008 Workers' Compensation History. Consumers I Contractors I Applicants I Journeymen Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright © 2007 State of California http://www2.cslb.ca.gov/General-Information/interactive-tools/check-a-license/License+Detail.asp 2/12/2008 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 'gNo If the answer is yes, explain the circumstances in the space provided. Nate: 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: 66hr Iry 0. ,7009 GNIC Engineering Inc. 1401 Warner Avenue, Suite 8 Tustin, CA 92780 Contractor By G eNNc'Ay NSA Az,.& 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: GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Contractor By Gcsoriady Chizkt< 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 certifies that the following information is true and correct: GMC Engineering Inc, U01 WamerAvenue, Suite B Tustin. CA 92700 Bidder Name Not Wo.r e e U C- S A Business Address City, State Zip (711) 7y7-10yo Telephone Number -73gogl R,g State Contractor's License No. and Class m�. 1r , 19 Original Date Issued Date The work site was inspected by 6„rmiyn-d�e CAP zd��'tcof our office on �ebruac� /1 , 20- The following are persons, firms, and corporations having a principal interest 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. GMC Engineering Inc. TNr— 1401 Wamer Avenue, Suite B Company Name Tustin, CA 92780 Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this ` day of , } .j d NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. a Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 r State of California County of On _Feb,,. j e, r V 009 before me, personally appeared (Here insert name and title 1\ officer) who proved to me on the basis of satisfactory evidence to be the person(o whose name(+ is/ subscribed to the within instrument and acknowledged to me that he/ ittl executed the same in his/ /t tl-authorized capacity(, and that by his/ signature* on the instrument the person(** , or the entity upon behalf of which the person(-sj 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. C C G (Notary `eai) Signatttrc ) y Public ADDITIONAL, OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ("Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment,jorin *rust he properly completed and attached to that document. The only exception is if a document is to be recorded outside of Cahfornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fbr a notary in California (i.e. certifying the authorized capacity of the signer). ]'lease check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lieishelthe-y, is lire ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment 1brm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type ofattached 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. CGO, CPO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 wsvw.NotaryClasses.com (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of ` 1968; or V Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. GMC Engineering Inc. 4,401 Warner Avenue, Suite B Contractor: C me ENgt:-OPito � hoc-. Tustin, CA 92780 Contact Person: GeNr� ally Chi Lhi IC - PrP. Contact Phone: 71 - �?q 7 - o Signed: Date: 2 aookp *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 w µsr tpyuntttn, u - c "t rr"Co. of BID BOND KNOW ALL BY THESE PRESENTS, That we, G�MC, Engineering. Inc. Of 1401 Warner Avenue, Suite B, Tustin, CA 92780 (herelnafter called the Principal), es Frlucipa , and FIRST ig t INSUMME COMPARY or AMERICA, a KOM, Washington, a Ngaftties duty srganized Hader the lags of the State of WeAlagim *a Surety, hereinafter called the Surety, are bold sad firftly bound unto the City of Huntington Beach (hWi0fty aallsd the obl�ft) ig tl<e pgul lum of Ten Percent of the Total Amount Bid ------ -------------------- - ------------ -------------------- -------------------- -------------------- ---- Dollars ($ ------ 10%------- ----- ) for the payment of which the Principal and the Surety bind themselves, their heirs, saecatars, a m tratore, �ocessars and assigns. jointly and mwally, firmly by these pre "U. THE CONDITION OF THIS OBLIOA770M IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obliges on a eatraat far Safe Routes to School, Cycle V NOW, THEREFORE, If *a said Contract be timely awarded to the Principal and Om Principal $hall, within such time ae may be specified, *&tar into to contract in writing, sad give bond, if bond is regttir4 with surety Amptable to the Oligsa for the faithful performance of the said Contract, then this Obligation shall ba void; otherwise to remain is full faros end affoot. Signed and,aled this 11th day of February, 2008. GMC Engineering, Inc. (Seel) Principal LIZ Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By frey R. Gry ed Attarney-ia- act S420AMP VGA `l=6' POWER First National Insurance Company of America ` Safeco Plaza a OF ATTORNEY Seattle. 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, California***************************+****** its true and lawful attomey(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 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 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 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 11 th day of February 2008 ;aa�ate ra qA � �ia�(,rl�idtlLtiE �EL'SrL Q f1928�ae STEPHANIE DALEY-WATSON, SECRETARY S-10491DF 4105 11%k_4 1 Safeco0 and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ora On FelbnuckvU.12, Zoo$ before me, k fkv L. Q tkriu u M , /Uol-6 r v Pu b li c (Here insert name and title of the fficer) personally appeared Je-'K'ey R, Grvde, who proved to me on the basis of satisfactory evidence to be the person( whose namek isla�pe subscribed to the within instrument and acknowledged to me that he/skre/thq executed the same in his/1ier/h,6M authorized capacity(jge�, and that by his/laef/thei-rsignature�e on the instrument the person(.a�, or the entity upon behalf of which the person(o 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. KNW L. WJMW cownsdon WITNESS my hand and official seal. pubift C®aee" (Notary Seal) Signaturcy Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OFTHE ATTACHED DOCUMENT (Title or description of attached document) (I itic or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER LJ Individual (s) ❑ Corporate Officer 11 Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) F1 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mersl Contain verhict e exactly as appears above in the notary section or a separate acknou'leilgment form nwst be properly completed and attached to that document. the only ercepnon is it o document is to be recorded outside of California_ In such instances. am alt"'muln e acknowledgment verbiage as nmy be printed onuc such a document so long (is the verbiage does not require the notary to do something that is illegal./or a notar ) in California (i.e. certifj4ng the authorised capacity of the signer)- Please check the document carefullyfor proper notarial irording and etoch this,form i'required • State and County information must be the State and County etihere the document signer(s) personally appeared before the notary public I -or acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared \ehich 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 Lit the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i c. lie/she/they- is /are ) or circling the correct forms- Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines- II'seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgntcnt form - • Signature of the notary public must match the signature on file with the ollice of the county clerk. Additional information is not required but could help to cnxurc this acknowledgment is not misused or attached to a different document. Indicate title or type ofattached document_ number of pages and dote Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. C1..0. Cfo_ Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10-07 800-873-9865 www-NotaryClasses coin CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of (�!`o.Ntj On re-/17 .2p before me, /�ay ,� . 81,sM A, N®•yty &bliL (Here insert name and title of the of cer) personally appeared G-e-Nto l �iz%l`k who proved to me on the basis of satisfactory evidence to be the person() whose name(R) is/ape subscribed to the within instrument and acknowledged to me that he/AiC/ticy executed the same in his/ber/tlaeir authorized capacity(je�), and that by his/4ef/lhefr signatures on the instrument the person4Re , or the entity upon behalf of which the person} acted, executed the instrument. I certify under PENALTY OF PERJURY is true and correct. WITNESS my hand and official seal. Signature FP*c ry Public under the laws of the State of California that the foregoing paragraph (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) ( I ulc or description of attached document continued) Number of Pages Document Date -��- (Additional information) CAPACITY CLAIMED BY THE SIGNER 1_1 Individual (s) ❑ Corporate Officer --('hitle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) Cl 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 acknouledgrnew Loon neat he properly completed and attached to that document. The onl} exception is i/ a document is to be recorded outside o/'Cali%rnia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer)_ please check the document carefully far proper notarial wording and attach this f rrrn ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary, public must 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 kums (i.e he/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. If seal impression smudges., re -seal it a sufficient area permits, otherwise complete a different acknowledgment form_ • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document_ Indicate title or type ofattached 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.c. CI{O, CR). Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12 10.07 800-873-9865 www_NotaryClasses.com OWNER City of Anaheim ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# 194-05 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT State College Blvd. / Ball Road Intersection Improvements $ 1,377,713.00 OUR JOB# 202-06 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT Lincoln Avenue Street Improvements $ 1,678,026.00 OUR JOB# 203-06 CONTACT Dan Debasio PHONE (7.14) 765-5285 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. / Ball Road Intersection Improvements $ 394,010.00 OUR JOB# 204-06 CONTACT Dan Debasio PHONE (714) 765-5285 DESCRIPTION & CONTRACT AMOUNT Lincoln Ave. / Sunkist St. Intersection Improvements $ 421,003.00 OUR JOB# 206-06 CONTACT Keith Laster PHONE 714-231-8373 DESCRIPTION & CONTRACT AMOUNT State College Median & Landscape Improvements $ 1,687,843.50 OUR JOB# 209-07 CONTACT Keith Laster PHONE 714-231-8373 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. Roadway and Parkway Improvements $ 1,687,843.50 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 State College Blvd./Lambert Rd Intersection Impts. & Brea Blvd. / AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 OUR JOB# 189-05 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns $ 287,506.00 OWNER City of Chino ADDRESS 13220 Central Avenue, Chnio CA 91710 OUR JOB# 165-03 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 a Fax (714) 247-1041 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 DESCRIPTION & CONTRACT Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to AMOUNT Arlington $ 193,026A7 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 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 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 o Fax (714) 247-1041 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 DESCRIPTION & CONTRACT Rosecrans Pavement & Median Reconstruction Valley View to 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 DESCRIPTION & CONTRACT Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & 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 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramount, CA 90723 OUR JOB# 167-03 CONTACT Robert French - Willdan & Associates PHONE 562-714-5599 DESCRIPTION & CONTRACT Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison AMOUNT Streets $ 867,957.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 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 DESCRIPTION & CONTRACT Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection 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 $ 1,921,078.25 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 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 $ 4,137,99&00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 o Fax (714) 247-1041 Zx#/ &;r ",8' REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General................................................................... II. Nondiscrimination.................................................... III. Nonsegregated Facilities ......................................... IV. Payment of Predetermined Minimum Wage ............. V. Statements and Payrolls .......................................... VI. Record of Materials, Supplies, and Labor.. .............. VII. Subletting or Assigning the Contract ........................ VIII. Safety: Accident Prevention .................................... IX. False Statements Concerning Highway Projects................................................................. X. Implementation of Clean Air Act and Federal Water Pollution Control Act ....................... XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ...................... XI I. Certification Regarding Use of Contract Funds for Lobbying ................................................ ATTACHMENTS Page a. discriminate against labor from any other State, 1 possession, or territory of the United States (except for 1 employment preference for Appalachian contracts, when 3 applicable, as specified in Attachment A), or 4 6 b. employ convict labor for any purpose within the limits 7 of the project unless it is labor performed by convicts who are 7 on parole, supervised release, or probation. 8 II. NONDISCRIMINATION 8 (Applicable to all Federal -aid construction contracts and 8 to all related subcontracts of $10,000 or more.) 9 11 A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 1. Equal Employment Opportunity: Equal employ- ment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 USC 12101 et seg.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Page 1 a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In ,the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action v0thin a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without Page 2 regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non —minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women, Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on—the—job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or Page 3 cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall Page 4 not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who-, is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman —level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 corresponding journeymanlevel wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal —aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such work week unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. Page 5 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing Form FHWA-1273 (Rev. 3-15-02) O:\SPECIAL\CONTRACT PLANS\468 benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005- 0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, Page 6 the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. C. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VI1. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion, of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: Page 7 NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation, or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented, Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees Form FHWA-1273 (Rev. 3-15-02) O:\SPECIAL\CONTRACT PLANS\468 to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUS- PENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification — Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Page 8 6. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applicaion/ proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49CFR29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated Page 9 may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA-1273 (Rev. 3-15-02) Q:\SPECIAL\CONTRACT PLANS\468 Page 10 C Q:\SPECIAL\CONTRACT PLANS\470 Rev. 3-15-02 SPECIAL PROVISIONS EEO AFFIRMATIVE ACTION REQUIREMENTS ON FEDERAL & FEDERAL -AID CONSTRUCTION CONTRACTS Federal -aid contractors are hereby notified they are subject to the OFCCP goals and timetables for minority and female participation expressed below. Compliance with the goals and OFCCP affirmative action efforts for contracts and subcontracts consisting of $10,000 or more will be determined by OFCCP officials. APPENDIX A Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: GOALS FOR FEMALE PARTICIPATION EACH TRADE 6 9% TIMETABLES GOALS FOR MINORITY PARTICIPATION IN EACH TRADE 153 Great Falls, MT SMSA (Standard Metropolitan Statistical Area) Counties 3040 Great Falls, MT 32% Cascade County Non-SMSA Counties 4.1% Blaine, Broadwater, Chouteau, Fergus, Glacier, Hill, Jefferson, Judith Basin, Lewis & Clark, Liberty, Meagher, Petroleum, Phillips, Pondera, Teton, Toole, Wheatland 154 Missoula, MT Non-SMSA Counties 2.7% Beaverhead, Deer Lodge, Flathead, Granite, Lincoln, Madison, Mineral, Lake Missoula, Powell, Ravalli, Sanders, Silver Bow 155 Billings, MT SMSA Counties 0880 Billings, MT Yellowstone County 3.3% Non-SMSA Counties 3.3% Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Gallatin, Garfield, Golden Valley, McCone, Musselshell, Park, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, Wibaux, Yellowstone Nat'l Park Non-SMSA Counties Valley, Daniels, Sheridan, Richland, Roosevelt 4.4% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract, and the geographical area in which the subcontract is to be performed. -11GINEERIGIC 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 151h of January, 2008, 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. I, 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 281h day of May, 2007; 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 Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _ 002 A )Q On No,oc-A /�2 �UOJP before me, 7iafAy k- ,Sariuum , Nol-cLd`Y Il Llt'C (Here insert name and fitle of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name(*) is/a*e subscribed to the within instrument and acknowledged to me that he/& e/t4eq executed the same in his/4erfthcir authorized capacity(irg), and that by his/Ieer/ signature(*) on the instrument the person(.s-), or the entity upon behalf of which the person(} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Y L. SUR UM iu►n+r L. suRNwa Commiulon #► t g08sbd WITNESS my hand and official seal. Notary ►ubft - CaBto"da Orange County Mrgicarrms""Hwitmo (Notary Seal Signature c o ublic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ie50lA6QN fll&fhort`ziiva tXeC R6rj of (Title or description of atta ed document) (reNaihf ('Title or description 'attached document continued Number of Pages j Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Cl Individual (s) LL7�orporate Officer ir�s;�enrf .�Secrei (Title) ury ❑ Partner(s) ❑ Attorney -in -Fact CI 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 acknowledgntert form mart be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fbr a notay in California (i.e. certifying the authorized capacity (?f the signet). Please check the document carefully 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) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct f rrms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CF0, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12,10.07 900-873-9865 www.NotaryClasses.com City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 2, 2008 GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Re: Safe Routes to School, Cycle 5 — CC-1251 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, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Ci`gipjs7�����, New Zealand (Telephone: 714-536-5227 i *01iun1f'Mach. INSURANCE AND INDEMNIFICATION WAIVED MODIFICATION REQUEST j� (�� /J ['� (� i Lam=:Cr—A iJ E0 1. Requested by: Eric Charlonne MAR 2 8 2000 2. Date: March 28, 2008 City of Huntington Baach 3. Name of contractor/permittee: GMC EngineeringCity Attorney's ®ffi6e, , Inc. 4. Description of work to be performed: Construct Traffic Signal and minor concrete work 5. Value and length of contract: $275,000, 60 working days 6. Waiver/modification request: allow $5,000 deductable 7. Reason for request and why it should be granted: no liabilty concerns and city has sufficient withehld funds to cover the small deductable 8. Identify the risks to the City in approving this waiver/modification: none Signature 3 -2sl-off Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval.frorp the City Administrator's Office is only required if Risk Managemen nd t e City Attor ey' O ice disagree. 1 Osk Management z proved El Denied 9 �� Signature D to 2. City Attorney's Office .� ,Approved ❑ Denied bg 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 Administrative Services waiver form 3/28/2008 10:17:00 AM Client#- 12366 GMCENGINE r .ACSJ.jWT- CERTIFICATE OF LIABILITY INSURANCE DATE 3/10/08/DDnv> PRODUCER Armstrong/Robitaille Full 1010 680 Lan sdorf Drive #100 g THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 34009 Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE INSURED 1 INSURER A: Travelers Prop Cas Co of America �— -- —------- ------ ----- --- - -- --- — G M C ENGINEERING, INC. 1401 Warner Avenue #B Tustin, CA 92780-4116 INSURER B: ACE Property &_Casual_tyIns Co INSURER C: _ INSURER D: j INSURER E: COVERAGES 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 - -- - - l POLICY EFFECTIVE iPOLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DDNY LIMITS A 'GENERAL LIABILITY DTEC05206C39ATIL07 06/25/07 06/25/08 EACH OCCURRENCE —= $1,000,000 FIRE DAMAGE (Any one tire) 1 $300 000 X:COMMERCIAL GENERAL LIABILITY X-i OCCUR j MED EXP (Any one person)- $5,000 X !PD Ded;5,000 _— — - PERSONAL &ADVINJURY _L$1,000,000 GENERAL AGGREGATE 4$2,000,000 - - 0 PRODUCTS COMP/OP AGG $2,000,000_---- GEN'LAGGREGATE LIMITAPPLIESPER: ---- --I- PRO- POLICY- . X JECT I LOC A AUTOMOBILE LIABILITY BA5206C39A07CNS 06/25/07 ! 06/25/08 I COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO i (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED Auros APPROVED AS TO FORM (Per person i X HIRED AUTOS ! JE IFER M�GRATH, A city BODILY INJURY X I. ', NON -OWNED AUTOS 4pasulbessatAw (Per accident) - Is ' ��� PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ripeAUTO ONLY_ EA ACCIDENT $ OTHER THAN EA ACC -'I_$ _--------._-.-_— _ ANY AUTO .213 7 ; AUTO ONLY: AGG $ A EXCESS LIABILITY iDTSMCUP5206C39ATIL 1 06/25/07 1 EACH OCCURRENCE $1 000 000 XC OCCUR ; CLAIMS MADE 106/25/08 AGGREGATE - j_$1,000,000 $ DEDUCTIBLE $ X I RETENTION S10000 t----------------r----------- I $ B WORKERS COMPENSATION AND IC45024568 10/01/07 110/01/08 1-X-1WRY IMITS_!'OER_i_________.__ EMPLOYERS' LIABILITY I E.L. EACH ACCIDENT $1,000,000 I I E L. DISEASE - EAEMPLOYEEI $1,000,000 I E.L. DISEASE - POLICY LIMIT $1,000,000 A OTHER Equipment ',,QT6606069C455TIL07 106/25/07 I06125/08 ! $1,000 Deductible - Rented/Leased �I $150,000 Max Per Item I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Safe Routes to School, Cycle V, Sowers School, Cash Contract 1251 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 is primary and noncontributory with any (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Ten Day Notice for Non -Payment of Pre SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WIXXkAXAX=TOMAIL 3Q__DAYS WRITTEN PO Box 190 NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, XJV Huntington Beach, CA 92648 4mt>twmt�>ttazxua�ytx �ax�axx�sx�xnax AUTHORIZED ACORD 25-S (7/97)1 of 3 #S433577/M395384 --�'�AVON 0 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(7/97)2 of 3 #S433577/M395384 DESCRIPTIONS (Continued from Page 1) 1 other insurance of the additional insured as required by written contract, per endorsement attached. Endorsement for waiver of subrogation as respects workers compenation applies as required by written contract. AMS 25.3 (07/97) 3 of 3 #S4335771M395384 POLICY NUMBER: DTEC05206C39ATIL07 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: Safe Routes to School, Cycle V, Sowers School, Cash Contract 1251 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 0 ISO Properties, Inc., 2000 Page 1 of 1 13 POLICY NUMBER: DTEC05206C39ATIL07 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES'THE POLICY. PLEASE READ IT CAREFULLY. _ A- e i__ -10 a 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 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 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 O ISO Properties, Inc., 2000 Page 1 of 1 O Company Profile Page 1 of 2 Uompany rrofile 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 #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 24724 0163 0978-7 January 03, 1929 UNLIMITED -NORMAL Property & Casualty 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 log ssaU. 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 3/26/2008 Company Profile Page 2 of 2 SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating_ Organizations Last Revised - March 12, 2008 07:19 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p EID=3075 3/26/2008 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. AS TOtow E MV4 r,1I Y 0 b CITY ATTORNEY TLS -0b -0_�v 2475421 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 I rF A c'�RNEY - .up 1 245911.1 CONTRACTOR'S CERZTIFICATE I, , state and certify that: (Name of Declarant) i . 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: �(1-7/0,-10 3. Zo • o(.f Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Treasurer FROM: / ClYIlC 's DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. -3/ . Approved (Council Approv l Date) (Company Name) Agenda Item No. 16 City Clerk Vault No. t . #27 g:/followup/bondletter.doc EXECUTED IN DUPLICATE Bond No. 6559414 PREMIUM INCLUDED IN PERFORMANCE BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to 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: SAFE ROUTES TO SCHOOL, CYCLE V SOWERS SCHOOL CASH CONTRACT 1251 (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, rhaterialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA 120 VANTIS, SUITE 130, 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 TWO HUNDRED SEVENTY FOUR THOUSAND SIX HUNDRED EIGHTY EIGHT AND N0/100 dollars, (g 274,688.00 }, this amount being not less than one hundred percent (100%) of the.total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our .heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these .presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or, its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any,.of he persons named in Section`3181 of the California Civil Code. ("Claimants") for all, labor; materials or services "used or reasonablyrequired 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 incurre&,.Oursuant 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 wa1. ges 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, zr 589.1 PAYMENT BOND Page 1 of 2 Bond No. 6559414 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: 3 / 11 / 08 ATTEST AMC ENGINEERING INC. (Corporate Seal) (Principal Name) B Y !/ : A . Name: G e�namcsA�L_ C y K Its: ems1 �e ATTEST FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Corporate Seal) (Surety Name) By:G2� Name: StTSAN A. DUBKE (Signature of Attorney -in -Fact for Surety) (949) 860.6602 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By t 1 It Jennifer Mc rath ity Attorney S�l S%66 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. 277589.1 PAYMENT BOND Page 2 of 2 POWER First National Insurance Company of America Ems OF ATTORNEY Safeco Plaza Seattle, WA 98185 No. 9912 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **********************************************SUSAN A. DUBKE; Aliso Viejo, 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 28th day of February 2007 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 -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." 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 S-1049/DF 4105 this &- /' day of Ao ,��V4f44� STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On 3/11/08 before me, Sharon L. Tupper, Notary Public (Here insert name and title of the officer) personally appeared SUSAN A. DUBKE 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. SHARON L. # 16"M WITNESS my hand and official seal. MV Coarlm. 6 201 Signature ofNotary (Notary ea Si gn terry Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCal forn►a. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (is. certifying the authored capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for ackmowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /sre ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPAvl2 10.07 8OM73-9865 www.NotaryClasses.com State of California County of Q On pia.rc� J/� , .¢Q before me, Ko-+ky L. 19uprOl,l M , %1) Ao-oy Pt� b l i C (Here insert name and title of the officer) personally appeared G-e—NMJV ChiZ�l who proved to me on the basis of satisfactory evidence to be the person( whose name* is/aowsubscribed to the within instrument and acknowledged to me that he/> `t executed the same in his/ r/ authorized capacity( ), and that by his/4ei-44o.4 signature( on the instrument the person(.}, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) La- bsz(N grid Ma e- ajs (Title or description of attached document continued) Number of Pages a Document Date 3 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ individual (s) [/ Corporate /Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document_ The only exception is (f a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form rf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i_e_ he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form_ • Signature of the notary public must match the signature on file with the oflice of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer; indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CA PA v 12.10.07 800-873-9865 www.NotaryClasses.com , EXECUTED IN DUPLICATE Bond No. 6559414 PREMIUM: $2,967.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated March 11 , 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: SAEE ROUTES TO SCHOOL, CYCLE V SOWERS SCHOOL CASH CONTRACT 12.51 (Project Title) WHEREAS, said contract, and all documents refe.renced: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, SUITE 130, ALISO VIEJO CA 92658 of Surety) (a duty 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 ppenal sum of TWO HUNDRED SEVENTY FOUR. -THOUSAND SIX HUNDRED EIGHTY.EIGHT AND NO/100 Dollars ($274, 688._Oo ... ), 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 ol.l of the;covenants, obligations, and things,to be done and performed bythe Principal in strict accordance with tine terms'of the Contract as said.contract may be altered, amended or modified from time to time; and if the Principal`shallindemnify and save Harmless City .and ati of City's officers; agents and employees (he reiinafier collectively referred toas "Obiigees") 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 teams 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 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 6559414 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: 3/ 11 / 08 ATTEST GMC ENGINEERING, INC. (Corporate Seal) (Principal Name) By: 1A ` Name: crejjwo, ck;;Ait< Title: Pre si e,4 ATTEST FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Corporate Seat) (Surety Name) By: _ 00,4-6 �)6� Name: SUSAN A. DUBKE (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (249) 860.6602 (Area Code & Telephone Number.of Surety) APPROVED AS TO FORM: CITY 0 kiUNTINGTON BEACH By ennifer Mc ath �j�S166 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. 277591.1 PERFORMANCE BOND Page 2 of 2 POWER First National Insurance Company of America Safeco Plaza s OF ATTORNEY Seattle, WA 98185 No. 9912 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint A. DUBKE; Aliso Viejo, 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 28th day of February 2007 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 -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." 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 �/y�p this / day of �%%a�� 11645. 5j S-1049/DF 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safecv& and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF i 4 I 1-1118111K1191 ii. �• A h. {�,' a v," ° , `ti. State of California County of Los Angeles On 3/11/08 before me, Sharon L. Tupper, Notary Public (Here insert name and title of the officer) personally appeared SUSAN A. DUBKE 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. r'.4 Cmentdon MM WITNESS my hand and official seal. caftwft t MW Avon G L4—p—,*CM". OOW SOP 27.aOi (Noce ' Signature of Notary Public AIDIDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside ofCal fornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (1a certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording andattach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appear 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/shelthey, is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPAvl2.10.07 800-873-9865 www.NotaryClasses.com CERTIFICATE OF ACKNOWLEDGMENT State of California County of On rfia nc�_joo before me, --ka+6 } /Ua �— (Here insert name and itle of the officer) personally appeared 6 ) ti f!`�17— who proved to me on the basis of satisfactory evidence to be the person( whose name¢lj is/ate-subscribed to the within instrument and acknowledged to me that he/*4e/44+_-y executed the same in his/ -fit-/ authorized capacity{., and that by his4w_w signature(*) on the instrument the person(, or the entity upon behalf of which the person} acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ry Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHEDDOCUMENT I (Title or description ofattached document) (Title or description of attached document continued) Number of Pages —c2 Document Date (Additional information) - CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer ('Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain Verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is f a document is to be recorded outside of California. In such instances. an} alternative acknowledgment verbiage as may be printed on such a docurrrent so long as the verbiage does not require the notary- to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknov, ledgment. • Date or notarization most 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 be/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form - • Signature of the notary public must match the signature on file with the office of the county clerk- . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer- If the claimed capacit} is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary )- • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-4865 www.NotarvClasses.com 2003 FEB 12 P N 1: 42 E A CH SEALED BID FOR SAFE ROUTES TO SCHOOL, CYCLE V IN THE VICINITY OF ISAAC L. SOWERS MIDDLE SCHOOL CASH CONTRACT NO. 1251 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Bid Opening: February 12, 2008 2:00 PM SEALED BIDj-D0 NOT OPEN WITH REGULAR MAIL City of Huntington Beach CC —1251 Safe Routes to School, Cycle V Bid Opening: February 12, 2008 @ 2:00 P.M. Engineer's Estimate: $452,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AK Engineering C. T. & F, Inc. 3 California Engineering &Contracting, Inc. Q C California Professional Engineering, Inc. 3 3 d 6 Chrisp Company Christopher R. Morales, Inc. CSI Electrical Contractors, Inc. Damon Construction Company Dynalectric EBS Inc. Excel Paving Company GMC Engineering Inc. J & S Striping Lonerock, Inc. Macadee Electrical Moore Electrical Contracting, Inc. MSL Electric Nobest Incorporated , O 0L3 (D P.T.M. General Engineering Svcs, Inc. —1 Z 2)z Palomar Grading & Paving, Inc. PCN3, Inc. Porter's Equipment Rental Inc. Pouk & Steinle, Inc. Pro Tech Engineering Corporation Republic ITS Shawnan Stemdahl Enterprises, Inc. Steven's Tree Experts TDS Engineering Travers Tree Service i Si >( GZ �n �} 1 l�, ®�, ©� ®o 3 O O aCC Council/Agency Meeting Held .� Deferred/Continued to: Appr v � ❑ Conditionally Approved ❑ Denied ity Ier ' Slgn re Council Meeting Date 3/17/2008 Department ID Number. PW 08-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC SUBJECT: , Award Safe Routes to School Project - Issac L. Sowers Middle School Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Safe Routes to School Project, CC 1251 was advertised and 10 bids were received on February 12, 2008. Staff requests City Council award the project to the lowest responsive and responsible bidder, GMC Engineering, Inc. Funding Source: Funds in the amount of $224,550 are budgeted in Safe Routes to School, 87890003.82700. Matching funds in the amount of $227,450 are budgeted in the Traffic Impact Fund 20690007.82400. The estimated cost of the project is $452,000, including the purchase of equipment. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Safe Routes to School Project in the vicinity of Sowers School, CC-1251; 2. Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc. in the amount of $274,688.00; 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 direct staff to readvertise or abandon the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/17/2008 DEPARTMENT ID NUMBER: PW 08-17 Analysis: In February 2004, the City applied for a grant for traffic safety improvements in the vicinity of Sowers School under the Safe Routes to School Program. The grant was approved and the state allocated funds in May 2007. The estimated cost for this project is $452,000. State funds will be appropriated in the amount of $224,550. The balance of the funding is from Traffic Impact Fees as indicated in the 2007/08 Capital Improvement Program. This project includes the installation of a traffic signal at the intersection of Indianapolis Avenue and Titan Lane, the installation of curb ramps, damaged sidewalk replacement, and signing and striping improvements. A complete set of plans and specifications are available for review at the Public Works counter during normal working hours. Bids were opened publicly on February 12, 2008, and are listed in ascending order: Bidder Submitted Bid Corrected Bid 1 GMC Engineering Inc. $274,688.00 2 Nobest Inc. $292,000.00 3 California Engineering & Contracting, Inc. $297,632.00 4 Pro Tech Engineering Corporation $327,598.00 5 Sturgeon General, Anaheim $416,060.00 $334,060.00 6 California Professional Engineering, Inc. $338,712.00 7 P.T.M. General Engineering Services, Inc. $347,728.92 8 EBS Inc. $358,975.00 $358,397.00 9 AK Engineering $362,262.00 10 Damon Construction Company $414,573.45 The reference check for GMC Engineering, Inc., provided acceptable responses from past clients. All other elements of their bid were found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from GMC Engineering, Inc. as the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission recommended the project on October 17, 2007, by a vote of 6-0-1 (Commissioner Kirkorn absent). 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. (C-1) Improve transportation through a variety of means including improving traffic flow, synchronizing traffic signals, traffic calming, and alternative transportation methods such as bike and walking paths. -2- 2/27/2008 3:41 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 3/17/2008 DEPARTMENT I® NUMBER: PW 08-17 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachrment(s): -3- 2/27/2008 3:41 PM ATTACHMENT #1 NO SCAL 0 0 0 LEGEND 0 = SIGN F = RADAR SIGN = "SLOW SCHOOL XING" LEGEND II = EXISTING SCHOOL CROSSWALK = PAINT SCHOOL CROSSWALK (YELLOW) ® = CONSTRUCT CURB RAMP w = INSTALLTRAFFIC SIGNAL = SIDEWALK IMPROVEMENTS ADAMS CONSTRUCTION NOTES 10REMOVE EXISTING SIGN OR LEGEND 2OREPAINT EXISTING "SLOW SCHOOL XING" 30 REPAINT CROSSWALK (YELLOW) ® PAINT CROSSWALK (YELLOW) O INSTALL FLUORESCENT YELLOW GREEN S1-1 & S4-3 PER MUTCD 2003 CALIFORNIA SUPPLEMENT FIGURE 7B-101 "ASSEMBLY A." © INSTALL FLUORESCENT YELLOW GREEN S1-1 & W16-7 PER MUTCD 2003 CALIFORNIA SUPPLEMENT FIGURE 7B-101 "ASSEMBLY B." 7O INSTALL FLUORESCENT YELLOW GREEN S1-1 & W16-9P PER MUTCD 2003 CALFORNIA SUPPLEMENT FIGURE 7B-101 "ASSEMBLY D." ® INSTALL RADAR SIGN Traffic Drawings\Sr2S-6s\Newland School1.dwg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING NEWLAND SCHOOL PROPOSED IMPROVEMENTS ATTACHMENT 1 A�� RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Safe Routes to School Project I COUNCIL MEETING DATE: March 17, 2008 RCA ATTACHMENTS 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) Attt achedNoAp plicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWMPgD Administrative Staff Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: I RCA Author Hidusky:jg City of Huntington Beach CC —1251 Safe Routes to School, Cycle V Bid Opening: February 12, 2008 @ 2:00 P.M. Engineer's Estimate: $452,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AK Engineering C. T. & F, Inc. 2 California Engineering & Contracting, Inca California Professional Engineering, Inc. Chrisp Company Christopher R. Morales, Inc. CSI Electrical Contractors, Inc. Damon Construction Company a Dynalectric EBS Inc. R ` j,-5 X— Excel Paving Company / GMC Engineering Inc. V-- J & S Striping Lonerock, Inc. Macadee Electrical Moore Electrical Contracting, Inc. MSL Electric Nobest Incorporated P.T.M. General Engineering Svcs, Inc. Palomar Grading & Paving, Inc. PCN3, Inc. Porter's Equipment Rental Inc. Pouk & Steinle, Inc. Pro Tech Engineering Corporation o Republic ITS Shawnan Sterndahl Enterprises, Inc. Steven's Tree Experts TDS Engineering Travers Tree Service �� _ ��� �'►t.�'ii.- / l0 Q �� -� /ems/ ��e�c .�, � % �,��� II'1 �aa� �cx�aoL r--3 C= CIO C= rri C\1 Lis Lj— n Ca C=:) 00 :3 HJ Z I 03J 90OZ I malt;"�0 CITY OF HUNTINGTON BEACH 2000 P.O Huntington LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntinqton Beach, CA 92648 Main Street Box 1 90 Beach, CA 92 64 8 Fax (714) 374-1573 Date: January 9, 2008 Project/C.C. No.: C.C. No. 1251 Regarding: Safe Routes to School, Cycle V- Sowers ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages I I Description . 1 1 1 Notice Inviting Sealed Bids for CC-1251 2 Safe Routes to School Program, Cycle V -In the vicinity of Sowers Middle School 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2007-55 (adopted on September 4, 2007), the City Council authorized the advertisement of the above Safe Routes to School Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 1/17/08, 1/24/08, 1/31/08 & 2/7/08. The bid opening is scheduled for 2/12/08. Please contact me at 374-1628 with any questions you may have. c: file By: William F. Janusz;'Principal Civil,�pg veer GACONSTRUCTION CONTRACTS (CCS) \CC 12 51 \NISB TRANSMITAL TO CLERK-CC-1251.DOC NOTICE INVITING SEALED BIDS for CC-1251 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on February 12, 2008, at which time bids will be opened publicly and read aloud in the Council Chambers for the Safe Routes to School Program, Cycle V (In the vicinity of Isaac L. Sowers Middle School) - CC-1251 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting January 16, 2008 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $40.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th day of September 2007, by RESOLUTION 2007-55. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1251 Huntington Beach Independent has been adjudged a newspaper of general circulation to 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): JANUARY 17,24,31,2008 FEBRUARY 07,2008 Mi$de,, declare, under penalty of perjury, that the foregoing is true and correct. Executed on FEBRUARY 07,2008 at Huntington Beach, California Signature I:be it J irks' upon re= Beach; Qepartrrientf>,of M# -, a = -n wn- , Public Works,..and; is net , fee -of, nia0e ins, accordance, $ales` tax --in' wtt1(,Afte ,provisions r of , ricked<,up: of t°h,'�'° p r o:p ^o sa`d, mailed. �� regmretnents., d �i hall'="be Each-�bfdder- must -.be : lte_ Proposal° <11�epsed as,'Esquir'eil =tiy wided: in the , documents _>*The City:Couctcil.ofhe 'ccompa: City° _of'. Hyntingtoc a_certified`er Bea'chgreseryesAhe.right :Fleck or, a'tud to reject any or all bids. rtiot less than �i3Y ordef of•.tlle: City uary-_f, ruary 7, City of CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor and City Council Members FROM: Travis K. Hopkins, PE, Director of Public�orlcs 441—� DATE: March 17, 2008 SUBJECT: Late Communication City Council Agenda March 17, 2008 — Agenda Item E-10 Attached is a corrected map for item E-10 Safe Routes to School — Sowers Middle School, for tonight's City Council Meeting. TKH: j g ))Z INDIANAPOLIS e NO SCALE LE L ® CURB RAMPS m INSTALLTRAFFIC SIGNAL O SCHOOL ZONE SIGN INSTALLATION SIDEWALK IMPROVEMENTS IIEXISTING SCHOOL CROSSWALK ISAAC SOWERS MIDDLE SCHOOL ATLANTA M: \Traffic Drawings\Sr2s\Sowers—School.dwg CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING SOWERS MIDDLE SCHOOL PROPOSED IMPROVEMENTS A VE U J J DR. ti L YMAN DR. I A VE. F UNSUCCESSFUL BIDS CC-1251 Safe Routes to School, Cycle 5 In the vicinity of Sowers Middle School City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 4, 2008 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, CeWA) j4ge) Joan L. Flynn, CIVIC City Clerk JF:pe enclosure gAollowup/cashcont/returnbid bond. doc Sister Ci@f@9EIAWft3)apan • Waitakere, New Zealand (Telephone: 714-536-5227 ) �ch�l, .CyC/2sty SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 Ad Agn � in the amount of $ 20 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: C-2.1 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Nd 1 Estimated Quantity?' 1 L.S. Item Wirth Unit Price Written it Words q k t Mobilzation Q@ ( eul Umt Price $ iS,Ode9<re Extended Anounf; $ Per LS 2 1 L.S. Furnish Project Traffic Control _ �v $ $— �.K.� 72.rrc3 C-r.�t�s Per LS 3 35 EA. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A $ Z.sev• $ 9% SVo• ..__ @ F, vt - Per EA 4 1 L.S. Construction Survey @mac-rnrs��..ull�s $ 3,� -� $ 3,, a,,J Per LS 5 1 L.S. Monument Preservation � @ `f...j:s -�icni .a.-��l t�-er �lt•� $ Z,Oc�r • $ Z,. ®a c. _ `� Gc -2_ewo e—e Aa Per LS 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp o, $ / Zoe Ow $ / 20, Out - Construction) Per LS 7 1 L.S. Traffic Striping and Signing @ $ i f , CW • $ ll, l3ott` — a--4 zprLe Cep Per LS 8 1,156 SF Remove and Reconstruct Sidewalk @ S,,, -- $ Co . $ %, �l Co : r '2.ec2n C'-P.•-�7� Per SF 9 21 EA. Remove Tree and Grind 24" Below Surface kl"k $ .c $ Fs� �rva Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Removal and Replacement) $ 900. $Z�- @ cvc2 ZeL-r� �''-Atc-l-.S� Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item No: Estimated uanti Q, Y Item UUith Umt4Pnce �ntten in Words ST h a, . , r1'a ; £Unit Prices Extended _ .Amount 11 12 18 EA. 1 L.S. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palette @ DeG% 2P<Lct G'�e� Per EA 90 Day Plant Establishment and One year Maintenance @ u-C7lSu 7 �C �P�GIt l'e'K�11 Per LS $ L/ q& e $ S;WoU $ 8, $ Q� — 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. 202). Per EA $ 7,000• Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number TYA,. ran < sir+ t� s8� By submission of this proposal, the Bidder certifies: Class C -/0 C-3 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 t arr if Alo la N(� , being first duly sworn, deposes and says that he or she is plegiWe'l-e of /yoi7esyp -Ire- 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. "74010 `I Ca'Cr4C 4 Ile , Address of Bidder UardPe C-rvve,, `G 92gq/ Subscribed and sworn to before me this /2" day of February , 20 Of NOTARY PUBLIC KAY E.ANDERSON E- COMM. #1579663 n U NOTARYPUBLIC-CALIFORNIA ORANGE COUNTY My Comet Eons June 13, 2009 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 Safe Routes to School, Cycle V, (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: a `" 0 a Q 5 Ala he-f -1 n c rre5telepit Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 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: SctbM t-f 14p417 '4 W4rej 11 r /-7/0cYv/7' Title Date: (� - n 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►llrsbe2-r� lnr, Bidder Name -?eoo Acae�G Atle Business Address L1 a,,de0 ��oUe� C & ,?�Ul City, State Zip (7ey ) 9,g,24W Telephone Number 3 514,29 A State Contractor's License No. and Class 4- 79 Original Date Issued Expiration Date The work site was inspected by of our office on _ I , 20PI. The following are persons, firms, and corporations having a principal interest in this proposal: Loery �adrdiml RohQ��- "o�lanel y-- /N Treorarer C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this 12"'day of Eekyary , 200e . KAY E. ANDERSON 1- r COMM. #1579663 n NOTARY PUBLIC-CALIFORNIA J ORANGE COUNTY C/ MYCom^tExpires June 13,2009 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. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 $ 1,03511000.00 $ 3,600,000.00 $ 44100.00 $ 827,000.00 $ 142,000.00 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public.Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle V - CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 2S, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Nun-`-- ^-_ �_�_..__. , nnne .beS,74 Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. Bond No. Bid Bond The American Institute of Architects, AU Document No. A310 (Febnrary, 1970 ]Edition) KNOW ALL, AMEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly orgami2ed under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount bid Dollars ($ 100/0 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, ,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Safe Route to School Cycle V (1251) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contact 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 faithfirl performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof:, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21 st day of January , 2008 Witness ORSC 21328 (5/97) Nobest Nametritle Contractors BondiAp- and ' Surety (Seal) By: � Dougl . Rapp Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On "j d before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodl,and who proved to me on the basis of satisfactory evidence to be the personfWwhose name�Wis/od"subscribed to the within instrument and acknowledged to me that he/s tl f executed the same in his/t, Itt} authorized capacity(yfsrf and that by his/b&! r' signatureXon the instrument the personal; or the entity upon behalf of which the personXacted, 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. KAYE.ANDERSON 1- COMM. #1579663 and official seal. v NOTARY PUBLIC-CALIFORNIA nC) ORANGE COUNTY Q�to-- My Conan E)qxbes June 13, 2009 (Notary Seal) ary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cdifornia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Calffwma In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California #.e. certifying the authorized capacity of the signer). Please check the document carefullyfor paper notarial wording and attach this form ifrequired o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment . Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)- o 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. WsheJtke)L,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. . Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4, Indicate title or type of attached document, number of pages and date. A Indicate the capacity claimed by the signet If the claimed capacity is a corporate office, indicate the title (i.e. CEO, CFO, Secretary). . Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 1 /21 /2008 before me, A.P. its, Notary Public (Here insert name and title of the officer) personally appeared Douglas A. Rapp, Attorney in Fact , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/44e4he�, executed the same in his/he"4he4p authorized capacity(ies), and that by his/4e*khe4 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. pATS WI SS hand and icial seal. +Mft 498145 0 -CALIFORNIA-A OUNTY iJ W 2, 21I08 Signature ofNotaryubli (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsheldwe - is lace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document till ,- to, be, City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK .ROAN L. FLYNN CITY CLERK April 4, 2008 California Engineering & Contracting, Inc. 16027 Brookhurst St., Suite #G-240 Fountain Valley, CA 92708 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, ti�m/ J4*4t) Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g:/followup/cashcont/returnbidbond. doc Sister CRW.dKhh 13Japan ® Waitakere, New Zealand ( Telephone: 714-536-5227 ) (.VVtP I L-U i L I i I i • 0 ;P Qii1G19L _BI�,�. DE' LIVER Zip 416 SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office- of the City Engineer of, the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 (34) w- V- 1 in the amount of $ ( I,' Y 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 C_2 r SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: Z"az.�' C-2.1 $ -- fi *3z, Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item No 1 Estimated .,'Quantity.-F ° 1 L.S. vItem With iJnrt Price Written i Words Mobilzation @ eme- "Th v✓.r e, ,J a IJnrt Pace $ t7W$ - Extended, $ � Per LS 2 1 L.S. Furnish Project Traffic Control / Viy� Js' ✓ .ems //p� $ 41 O __ $ VCR f Per LS If 3 35 EA. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A $� _ $ ®� ,.�,.. C / Per EA 4 1 L.S. Construction Survey Per LS u' 5 1 L.S. Monument Preservation �_J Per LS 1 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp $�, $ Construction) @ t4cv\ Per LS 7 1 L.S. Traffic Striping and (Si_gn`ing l �_ Per LS 8 1,156 SF Remove and Reconstruct Sidewalk @ $ $ 6 M Per SF 9 21 EA. Remove Tree and Grind 24" Below Surface @a 470r ^ A, % $ Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Removal and Replacement) ����.�_�-� $ f — $ E Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 11 18 EA. Furnish and Plant New 24" Box Tree (See } Appendix, Project Tree Species Palette $ S��-� $ Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance $ C Vim,_ _._ $ v�G Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. $ T C cy $ c-) 202). 20 �vu IN Z�Jak\ — PerPer EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 313S- c-- l,o r C,32- el.4 Ll v v� J s By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange �m P. K Txta 1 [i , being first duly sworn, deposes and says that he or-slfe is Prp5ick-CO of ` )v ;a �>� N��r+ rt & the parry making the foregoing bid that the bid is not made in the interes 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. kktNJ441(:N Nr e 1 Name of Bidder Signaturee o Bi r NG21 Px(6k-x,,SV sl-. (-I"''2--A-c, f6cmtiN 0) clZ-)cY, Address of Bidder Subscribed and sworn to before me this day of _ , 20 O�. TIFFANY VAISANEN ":. NOTARY PUBLIC - CALIFORNIA COMMISSION # 1669354 Y., ORANGE M COMM. Exp. May 23, 2010 NOTARY PUBLNTY IC , 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 Safe Routes to School, Cycle V, (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: (�IolTCL;,6 Nu ,CwN-Ua ,,., r,t � Contractor By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? -/ ❑ Yes l/ 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: ',1IZ1 UCL a Contractor j +oq il_1�(�Gi � By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: N //4 �(6-6kyl �x°Fa�� ,li�� Contractor -VLUk 7 �i B y s Title Date: 21 I'ti 1 ZOC 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: Bidder Name I li- LZI br�,,ckvNkt .s�0-e, C�-j* 2_ u Business Address 'M City, State Zip (_11,+) JLe� - a 4 Telephone Number 91/5q�V " R11 State Contractor's License No. o. and Class 1. 2-Z - 206� Original Date Issued t . 31. Zoq Expiration Date The work site was inspected by � � U(�C�C4 of our office on 2 ' _, 2009 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. O'W LCN18 �, YlineeR iNCI 0r 'tr* AC bNy-k kc, Company Name Signature of Bidder Printed or typed Signature Subscribed and sworn to before me this l Z day of T r C.1 , 200_�. TIFFANY VAISANEN NOTARY PUBLIC - CALIFORNIA y I COMMISSION $ 1669354 ORANGE COUNTY My COMM. Exp. May 23, 2MO NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. 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 (For federally funded projects, use this following page). BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): ' Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor. (, CYN1Cl (,i��� Ana Ot. ac,16nn ; Imp. Contact Person:�_l Contact Phone: Signed: Date: �Z 12 . ` c-,A *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 535-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Safe Routes to School, Cycle V — CC _1251 Februaryl, 2008 Notice To All Bidders: Please note the following clarification to the Project Plnns, Specifications, and Technical Provisions: The Federal Labor Rates contained In Appendix I of the specifications for thet Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008, Company Name 1 n �- Date . By All bidders must acknowledge the receipt of this Addendum with your bid proposal, Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-6431. Local Assistance Procedures Manual PS&E Checklist Instructions The EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION subcontractor Pr'o i� , C- proposed hereby certifies that he has has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency *or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: FAI. a. contract Fla. bid/offer/application Ff a. initial b. grant b. initial award b. material change C. cooperative agreement c. post -award d- loan For Material Change Only: e. loan guarantee year quarter_ f. loan insurance date of last report 4. Name and Address of Reporting Entity S. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: rime ElSubawardee Tier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 11 12 14. Congressional District, if known - 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. l0a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S actual planned a, retainer b. one-time fee Form of Payment (check all that apply): c. commission 8 a. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: YesEl No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: FA L d- j) 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any, ' person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than �j f 7f' Q r $100,000 for each such failure. Telephone No.: Y'�' ✓� �` t Date: Z tll" Federal Use Only: SCandard Corm LLL Kev. 09-I2-YI Authorized for Local Reproduction Standard Form - LLL Page 12-87 LPP 01-04 March 15, 2001 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1969 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disgualification. C-11 Sent By: FRONT OFFICE; 6264497464; Fels-11-08 1:5BPM; Paqe 1/1 fcderally funded Projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1969 AS AMENDI;I] IN 1992, SECTION 3 TIME 24, Code of Federal Regulations, Dart 135* Dconor. iC Opportunities for Low and Very Law -Income Persons The biddor, under penalty of perjury, certifies that except as noted below, any person associated s tharewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): will erasure that I U% of all new hires as a result of this project shall meet all requirements of " Section 3 of CFR Part 135 of the HUD Act of 1968; of Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. i `1bs certification shell apply to the prime contractor's sub -contracts related to this project, i t i CbntftiCtnr; STEVEN' S TREE EXPERTS - - CiontaGt Person: FELIPE FLORES, DEBBTE OR MARTHA Contact Phone: b 794-6VI Signed, Date: FF.RRIIARY 11 _ 20D8 `Note: The above certification is required by the Department of Housing and Urban Development (24 CER 135 and Subtitle A, et ao and must be submitted by the bidders and G proposed sub -contractors only in connection with contracts and subcontracts which axe subject to Section 3 of the 1968 Housing aad Urban Development Act, as amended in 1992 (RM). Previous non-canapliance with Section 3 could result in disauication. I FEB-11-2009 16:56 FROM: 548266 T0:91't14TO85.581 R.1 (For federally funded projects, use this following page) BIDDER'S CERTIFICATZO,N^ HOUSING AIND URBAN DEVELOPIN :ENT ACT OF 1968 AS AMENDED 1N. 1992, SECTION 3 T1TLF 24, Code of. Federal Replations, Fart 13-5" "Economic Opportunities for Low azzd Vcv Nrscros The bidder, under penalty of pe.rj.ti.fi that except as noted below, any person associated therewith in the capacity of o-vne artier, director, officer, or manager („initial the applicable selzctions): Will ensure that 10510 of all, new bi.res as a result of this project ;hall meet all mquirements of Section I of CPR Fart 135 of the FRM Act of 1969; or Will lire r:o nv. v employees in conjwjctioll with this project. Will award 10% of its sub -contracts, to Section -3 businesses. This certificatinn shall apply to the prime eontracWCS sub -contracts related to this project. Contractor.' Contact Person: Contact Phone: Signed: Date: �atC "Dote: The above certification is required by the 17eparttuent of Howiin.g and Urbm Development (24 CFR 135 and Subtitle A et ao and must, be submitted by the bidders and proposed sub -contractors only in comectio.n with contracts and subcontracts vw1iich are subject to Section 3 of the 1969 Housing and Urban. Development Act, as amended in .11492 (RIM). t Previous non-compliance with Section 3 could result ins disqualification. California Engineering &Contracting, Inc. Project Completed LH Engineering Paul Lee 714-758-8035 Caltrans Hictor Arroyo 805-480-4928 City of Pasadena Jim Valentain 626-744-4265 Caltrans Larry Latino 562-926-2537 O.L. Development Omer Levin 818-402-0600 Signal Modification Street Light Street lighting Traffic Signal Signal & Street lighting 16027 Brookhurst St, Suite G #240, Fountain Valley, CA 92708 Phone (714)-708-3544. Fax (714)-708-3581. Email caengcont@gmail.com License #88988 $400,000 2007/08 $73,000.00 2007 $83,000.00 2008 $60,000.00 2008 $350,000 2007/08 4aF= INSCO INSURANCE SERVICES, INC. 0 0 Underwriting Manager for: CUGgOMp Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 rE5h ID BOND KNOW ALL MEN BY THESE PRESENTS, That we, California Engineering & Contracting, Inc. as Principal, and Developers Surety and Indemnity Company auihorized to iransact :a general surety business in U-te :.Mate of lovra bound unto City of Huntington Beach BOND NO. 11-428-025 a corporation as 'Surety, are he'd ulid firFniy" (hereinafter called the Obligee) in the full and just sum of Forty Thousand Dollars, ($ 40,000.00 ) 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 Safe Routes To School in the Vicinity of Isaac L. Sowers Middle School-Contract:1251 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 12th California Engineering & Contracting, Irlc. Faye i< Principal day of February 2008 YEAR Developers Surety and Indemnity Company Surety , By ---- Blake A Pfister, Attorney -in -Fact ID-1198 (Bid Bond) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 2-1-8 beforeme, Lianne Nah' na Nota v PUv uhl i r- Date Name and Title of Officer (e.g., "Jane Doe. Notary "i'. personally appeared B 1 a k-e- Namefs) of Signer(s) El personally known to me X proved to me on the basis of satisfactory evidence 14,0 C®MM"0n a 1747i� 3&. to be the person(sy whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/itilay executed the same in his/he i- authorized capacity(iW, and that by his/her4heir signature(a) on the instrument the person(&r or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s e�a I. %",�Ic Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond 11-428-025 Document Date: February 12, 2008 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: Blake A Pfister LI Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General [X Attorney -in -Fact L7 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Co pany © 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 • w NationalNotary.org Prod. No. 5907 Reorder: Call Toll -Fee 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 ((949) 263-3300 Bond No.11-428-025 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Attomey(s)-in-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(syin-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Attorney(s}in-Fact, pursuant to these presents, are hereby rated and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. •� i�uorr,�r.,y� By: — `a© Stephen T. Pate, Senior Vice President p0Rga OCT.. By. Charles L. Day, Assistant Secretary;3 State of California County of Orange On January 1st 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personall;• appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/hedtheir 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 o 'al seal. Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. 12th February, 2008. This Certificate is executed in the City of Irvine, California, the day of By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK .LOAN L. FLYNN CITY CLERK April 4, 2008 Pro Tech Engineering Corp. 3535 E. Coast Hwy. #325 Corona del Mar, CA 92625 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g: /fo llowup/cas h cont/retu rnbidbond. d oc Sister C#f@S�dklr�i)3Japan Waitakere, New Zealand ( Telephone: 714-536-5227 ) a on i ►--7 In09d, 7 4 SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 d ® o in the amount of $ 9 f _ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting S�Rnas le to the AGENCY. (Please insert the words "Cash", "Certified Check", o the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-a SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: C-2.1 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item No Estimated QuantityA,Amount Item With lh it Price Written in Words Unit Pace Extended 1 1 L.S. Mobilzation Per LS y VVVVVV 2 1 L.S. Furnish Project Tr fic Control Per LS 6� , r0 3 35 EA. Construct Curb Ramp Including Adjacent Gutter' Plate er Caltrans S Sandard Plan No. A88A Per EA 047, � $ �® 4 1 L.S. Construction Survey aV Per LS ® - ®� 5 6 7 8 1 L.S. 1 L.S. 1 L.S. 1,156 SF Monupent Prese va ion @ +J/ �C Per LS �® Install Traffic Signal at Indianapolis Avenue Titan Lane (Excludes Curb Ramp Construction) @ Per LS Traffic Striping and SS-i ring Per LS Remove an1dp,Rgconstruct Sidewalk Per SF $� $ $�- too $ / ,02 .� 9 21 EA. Remov�Tree and Grind 24" Below Surface Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Removal. and Repla ement) ' @ "old ® V_c5f'h A)IAJ9� 61a1.- Per EA $ o 00 $ C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Estimated Item With Umt Pace Written i or 5 Umt Price Extended 11 18 EA. Furnish and Plant New 24" Box Tree (See Append' Project re Sp ties P ett $ o $ �e® ®® Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance �.�--- $ t $ ® Per LS If4r® d7 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. 202). �- $� $ A ®� Per EA Pm� Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Oe- V ep\O Ir ,6-./ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange E- , being first duly sworn, d poses and sa s that he or she is �1 of Q e party making the foregoing bid that the bid is not made in the interest of, or on the behalf f, 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. r.. I Name of Bidder :..- .��, of Address of Bidder Subscribed and sworn to before me this day of �� ° , 200,f"' SONELa =1 C nvraslon # 1561794 Hoi�► ►ubc - Cow �tCa+me. AA�r24; NOTARY PUBLIC '�ZL .01 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 Safe Routes to School, Cycle V, (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: L Contractor By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: L _ D Contractor By f3qAl. s Title �.y 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: Title Date: aL ( O 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: qi® �C—C;H Bidder Name Business Address City, State Zip Telephone Number 515�� A (�!-'/O State Contractor's License No. and Class (31 M Original Date ssued ,3e ® � Expiration Date The work site was inspected by ® S' of our office on 20-PI'S The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Printed or Typed Signature Subscribed and sworn to before me this day of , 2 sa+Ew Kaa c# 1 se 17e4 N0kKV P"c - cogwMa OWW COU* *oonC=n-EN7 "Moy24A a a 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. o reco Name a d Address of Public Agency Name and Telephone No. of Project Manager: CD�:;Pj Contract Amount Type of Work 2. ?Lac", 3. Name d Address of Public Agency Name and Telephone No. of Project Manager: !� (g-0, oco , o 0 Contract Amount Vim► �i Name nd Address of Public Agency Type of Work Name and Telephone No. of Project Manager: o D`a> Date Completed Date Completed 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 Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 08. c� e d ' Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project_ Contractor: C`� �14, „; e� & -j ,:7ee" 4 (f" 4- Contact Person: F,4 z- _f . ,o s% Contact Phone:_``�— Signed: \ Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1969 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Tor federally funded projects, use this follow:iag page) BIDDER'S CERTIFICATION^ HOUSNINC ANU URBAN DEVELOPlv1ENT ACT OF 1968 AS ANENDF11) IN 1992, SECTION 3 TITLE 2.4, Code of. Fedea:al R.e.gttlations, Fart 135* Economic Opportunitics for Low atud Vcry Low-hirx, -e 11Grsc its The bidder, eider penalty of perjury, c i..tifi.es that except as noted below, any person associated therewith in the capacity of avate., artner, director, officer, car manager (Initial the applicable selections): Wit l ensure that 10% of al l new hires as a result of this project hall meet all requirements of Section 3 of CFR Fart 135 of the BUD Act of 1968; or Will hire no new employees in Conjunction w tl this project. Will award 10% of its sub-coriU'acts to Section :3 busincsscs. This ce-rtification shall apply to the prime contractc}r's sub -contracts related to this project. Contractor: Contact Person; L [ Contact Phone: Signed: _ Date: 'Nate: The above certification is required by the S.)epartiuent of Hou5ipg and Urbu) Development (24 CPR 135 and Subtitle A et al and must be submitted by the bidders and proposed sub -contractors only in cotutcction with contracts azid subcontracts which are subject to Section 3 of the 1969 Housing and Urban Development Act, as amended in 1992. (H`t_M I6 Previous non-compliance with Sectiou 3 could result iu disqualification. 11 tFor federally £coded projects, use this followag page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMWT ACT OF 1968 AS A. ENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low Income Persons The bidder, under penalty of penury, certifies that except as noted below, any person associated therewith in the capacity of owner, pat en, director, officer, or manager (h2ifiul the applicable selections): Will ensure that 1 U°la of all new lures as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; ox r-- '.� Will hire no new employees in conjunction with this project. Will auwd 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project, Contractor; STEVEW S TREE EXPERTS Contact Person: FELIPE FLARES, DEBBIE OR MARTHA Contact Phone; b 794-6VI Signed. Date: FF,RRi1A'RY 1 1 , 2008 `Note: The above certification is required by the Department of Housing and Urban Dcvt1opment (24 CFR 135 and Sub itle A. et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urbane Dvvelopment Act, ac amended in 1992 (RUD). Previous non-Sompliance with Section 3 could result in diggy i ficmtion. C-11 (MUTUAL) UAL) BOND NO.: POOTE-020 KNOW ALL MEN BY THESE PRESENTS: That we, PRO TECH ENGINEERING CORPORATION DBA PRO TECH ELECTRIC, (hereinafter called the Principal), and MERCHANTS BONDING COMPANY (MUTUAL), a corporation organized and doing business under and by virtue of the laws of the State of IOWA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for SAFE ROUTE TO SCHOOL, CYCLE V ISAAC L. SOWER SCHOOL, JOB/BID NO. 1251, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 29TH day of JANUARY, 2008. BY: MERCHANTS BONDING COMPANY (MUTUAL) MATTHEW ROBERT DOBYNS, Attorney -in -Fact Merchants Bonding Company (Mutual) POWER OF ATTORNEY 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 Randy Spohn, Matthew Robert Dobyns Of Santa Ana 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 duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following 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 Vice President or Secretary shall have power and authority to appoint Attomeys4n-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 II, 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 seal to be hereto affixed, this 16th day of May , 2007 . STATE OF IOWA COUNTY OF POLK ss. e �G �o.oRPOq�7'°9° e 1933 ° °••ee oee MERCHANTS BONDING COMPANY (MUTUAL) President On this 16th day of May , 2007 , before me appeared Lary Taylor, to me personally known, who being by me duly swom 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, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. wo%* CINDY SMYTH CommlBsIon Number 173504 My Commission Expires March 16, 2009 Notary Public, Polk County, Iowa 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 29th dayof :January, 200$. POA 0001 (1/06) °•° pX�IkG COM°°° '•'O9 e 1933 e e •eeoe• Secretary State of CALIFORNIA County o f ORANGE On9i before me, Erika Guido, NOTARY PUBLIC_, personally appeared MATTHElW ROBERT DOBYNS ff ® 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. ERIKA GUIDO 1 COMM # 1576135 I certify under PENALTY OF PERJURY under the laws of the State of NOTARY pUBucC IA California that the foregoing paragraph is true and correct. ORMIGE COUNTY !WITNESS my hand and official seal. Signature orflotary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 4, 2008 California Professional Engineering 9316 Mabel Ave. South El Monte, CA 91733 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, g:ffollowup/cashcont/returnbid bond. doc Sister CRWdXhfti3)apan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) F 0 SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 Bid er's Signature C-2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: C-2.1 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Estimated Item',With ITnrt Price Written in -,Words Unit Pr"ice Extended No°, Quanttya Amount I 1 L.S. Mobilzation $ 0.. 6 4� $ Per LS 2 1 L.S. Furnish Project "Traffic Control 10,0o0 � 000 @-&,� y-� ., $ $ 10 Per LS 3 35 EA. Construct Curb Ramp Including Adjacent Gutter $ 1921 Plate per Caltrans Standard Plan No. A88A $ 4 1 L.S. Per EA Construction Survey, @ ZQ 4 t� �• $ 000 $yC� Per LS 5 1 L.S. Monument Presery tion ds $Z�_O 43 0 i ' $ !k0y0 6 1 L.S. Per LS Install Traffic Signal at Indianapolis, Avenueand Titan Lane Curb RRi1p (Excludes Construction) Per -I �uscr - C 1 7 1 L.S. Traffic Striping and Signing }} ?1 e Per LS 8 1,156 SF Remove and Reconst uctjS�idewalk $ $ ' @ Per SF 9 21 EA. Remove Tree an Grind 24" Below Surface 1 $ 0� ' 10 9 EA. Per EA Construct New 30' Tree Well (Includes Sidewalk Removal Replacement) $ oC) V and Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 11 18 EA. Furnish and Plant New 24" Box Tree (See I Appendix, Project Tree Species P lette $ $ . Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance $ 0 $ �Sw Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. $ Ud $ *.'>--0 0 0 202). @ `1 Per EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class r c, 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 ," ` 6— ��)q O' , being first duly sworn, deposes and says that he or she is I—e- � of the party making the foregoing bid that the bid is not made in the interest of, or GA 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. 99 JOHNNY KHUU O COMM. * 1494426 NOTARY PUBLIC-CALIFORNIA 2 LOS ANGELES COUNTY 0 COMM. EXP. JULY 8, 2008' Name of �idder Signature of Bidder 9316 Mabie Ave. South El Monte, CA 91733 Address of Bidder Subscribed and sworn to before me this � 2 day of -Fp- b , 20C K . 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 Safe Routes to School, Cycle V, (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: l -2,4 0 � Title C ' P nil 'ng, I4 C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local 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: 0 12 lifoi ro nalEng no)Inc, Contractor By �i"j i "U 1/1 Hj Title (� I M 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: r11%!" ? Profiessr naiEn ��,I�, Contractor By Title Date: o Zi' 0 61 M 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: CAMUMMKIER060,loc. Bidder Name 9316 Mable Ave. Business Address South El Monte, CA 91733 City, ( �2Q ) A-5a - '� U�)g Telephone Number 1�gO'l r C,'V A - State Contractor's License No. and Class -)0 ,)-our Original Date mQ 011\ Expiration Date State Zip The work site was inspected by tkAA1-Uf our office on 20_. 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. Calfomia Nowbal *NMI . Company Nam Signature of Bidder Y Printed or Typed Signature Subscribed and sworn to before me this 4 day of �b , 200-K. r JOHNNY KHUU Q COMM. # 1494426 • NOTARY PUBLi-WFORMA Los /WGELEs COUNTY n COMM. EXP. JULY8, 2008-' NOTARY PUBLIC r� A / NOTARY SEAL Listed below are the names, adds se s and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. & © 1 YY�,J�pf C Name and Ad ess of Public Agency Name and Telephone No. of Project Manager: �7.e f O o-r-e o Contract Amount I trype 6f Work Date Completed 2. CA ±1 D Name and Addf C-CW-4'�- s of Public Agency Name and Telephone No. of Project Manager: � s�J.c�f v SiC L-ter 2- fig' P L ir,,-4474% 1�rr-c Aa 6') Contract Amount ()Ty-pe ot Work Date ompleted 3. C, s' Name and A'9 h S� of Public Agency Name and Telephone No. of Project Manager: 7�Cy ►'� �l ^ Zii 7 Contract Amount Type A Work Completed C-10 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the eapaci of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Calfom� PtawwtnpwmglInc. Contact Person: V AA W—A (,"q Vy / Contact Phone: (. i � ` Q ► Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008. California Professional Cngineering Company Name QA I 0� Date u2A/- tsy I � All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. WAIS Document Retrieval Page 1 of 21 GENERAL DECISION: CA20070035 01/25/2008 CA35 Date: January 25, 2008 General Decision Number: CA20070035 01/25/2008 Superseded General Decision Number: CA20030035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ASEE0005-002 08/07/2007 Publication Date 02/09/2007 02/16/2007 02/23/2007 04/06/2007 04/20/2007 06/08/2007 06/22/2007 07/06/2007 07/13/2007 07/20/2007 08/17/2007 08/24/2007 09/21/2007 10/12/2007 10/26/2007 11/09/2007 11/23/2007 12/07/2007 01/18/2008 01/25/2008 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) ..... $ 37.01 10.84 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 20.76 10.23 ASBE0005-004 08/07/2006 Rates Fringes http://frwebgate.access.gpo.gov/cgi-binlgetdoc.egi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 2 of 21 Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) .... $ 19.55 6.38 BRCA0004-010 05/01/2007 Rates Fringes Bricklayer; Marble Setter ........ $ 32.83 9.20 ---------------------------------------------------------------- BRCA0018-004 06/01/2007 Rates Fringes MARBLE FINISHER ..................$ 24.02 8.41 TILE FINISHER ....................$ 19.82 7.51 Tile Layer .......................$ 30.55 11.62 ---------------------------------------------------------------- BRCA0018-010 10/08/2007 Rates Fringes TERRAZZO FINISHER ................$ 25.54 8.62 TERRAZZO WORKER/SETTER ........... $ 32.63 9.41 ---------------------------------------------------------------- CARP0409-001 07/01/2007 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 35.51 9.20 (2) Millwright ..............$ 36.01 9.20 (3) Piledriver/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 35.64 9.20 (4) Pneumatic Nailer, Power Stapler ...............$ 35.76 9.20 (5) Sawfiler...............$ 35.60 9.20 (6) Scaffold Builder ....... $ 27.46 9.20 (7) Table Power Saw Operator ....................$ 35.61 9.20 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 3 of 21 'trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. Certified Welder - $1.00 per hour premium. ---------------------------------------------------------------- CARP0409-005 07/01/2007 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 35.51 9.17 STOCKER/SCRAPPER ............ $ 10.00 6.56 ---------------------------------------------------------------- ELEC0011-002 12/05/2006 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer ...................$ 24.43 3%+7.60 Technician ..................$ 26.23 3%+7.60 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441-001 06/04/2007 Rates Fringes Cable splicer ....................$ 38.15 3%+11.23 ELECTRICIAN ......................$ 36.47 396+11.23 ---------------------------------------------------------------- ELEC0441-004 06/04/2007 TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING Rates Fringes ELECTRICIAN Cable/Fiber Optic Splicing..$ 38.15 3%+11.23 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 4 of 21 Journeyman Transportation Electrician .................$ 36.47 3%+11.23 Transportation Systems Technician ..................$ 27.35 3%+11.23 SCOPE OF WORK: Electrical work on public streets, freeways, toll -ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll -ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of "fish and pull wires". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. ELEC1245-001 06/01/2007 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 41.02 12.01 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) ..................$ 33.24 11.00 (3) Groundman...............$ 25.42 10.76 (4) Powderman...............$ 37.16 11.15 http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 5 of 21 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0018-001 01/01/2007 Rates Fringes ELEVATOR MECHANIC ................$ 41.265 114.885 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/09/2007 Rates Fringes POWER EQUIPMENT OPERATOR (All Other Work) GROUP 1 ....................$ 33.65 15.82 GROUP 2 ....................$ 34.43 15.82 GROUP 3 ....................$ 34.72 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 37.31 15.82 GROUP 6 ....................$ 36.43 15.82 GROUP 7 ....................$ 37.53 15.82 GROUP 8 ....................$ 36.54 15.82 GROUP 9 ....................$ 37.64 15.82 GROUP 10 ....................$ 36.66 15.82 GROUP 11 ....................$ 37.76 15.82 GROUP 12 ....................$ 36.83 15.82 GROUP 13 ....................$ 36.93 15.82 GROUP 14 ....................$ 36.96 15.82 GROUP 15 ....................$ 37.04 15.82 GROUP 16 ....................$ 37.16 15.82 GROUP 17 ....................$ 37.33 15.82 GROUP 18 ....................$ 37.43 15.82 GROUP 19 ....................$ 37.54 15.82 GROUP 20 ....................$ 37.66 15.82 GROUP 21 ....................$ 37.83 15.82 GROUP 22 ....................$ 37.93 15.82 GROUP 23 ....................$ 38.04 15.82 GROUP 24 ....................$ 38.16 15.82 GROUP 25 ....................$ 38.33 15.82 POWER EQUIPMENT OPERATOR (Cranes, Piledriving & Hoisting) GROUP 1 ....................$ 35.00 15.82 GROUP 2 ....................$ 35.78 15.82 GROUP 3 ....................$ 36.07 15.82 GROUP 4 ....................$ 36.21 15.82 GROUP 5 ....................$ 36.43 15.82 GROUP 6 ....................$ 36.54 15.82 GROUP 7 ....................$ 36.66 15.82 GROUP 8 ....................$ 36.83 15.82 GROUP 9 ....................$ 37.00 15.82 GROUP 10 ....................$ 38.00 15.82 GROUP 11 ....................$ 39.00 15.82 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 6 of 21 GROUP 12....................$ 40.00 15.82 GROUP 13....................$ 41.00 15.82 POWER EQUIPMENT OPERATOR (Tunnel Work) GROUP 1....................$ 35.50 15.82 GROUP 2....................$ 36.28 15.82 GROUP 3....................$ 36.57 15.82 GROUP 4....................$ 36.71 15.82 GROUP 5....................$ 36.93 15.82 GROUP 6....................$ 37.04 15.82 GROUP 7....................$ 37.16 15.82 FOOTNOTES: PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, and Vandenburg AFB. Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 7 of 21 or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 8 of 21 (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high1pressure waterjet cutting tool system mechanic; Water pull!, (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3006 or 5000 auger or similar types-Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck)I, Tower crane repairman; Tractor loader operator (crawlerjand wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 60001or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubberitired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; �I http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) Page 9 of 21 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 10 of 21 GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu..yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 11 of 21 (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval ---------------------------------------------------------------- ENGI0012-004 08/01/2006 Page 12 of 21 Rates Fringes Power equipment operators: (DREDGING) (1) Leverman................$ 39.65 15.30 (2) Dredge dozer ............ $ 35.18 15.30 (3) Deckmate................$ 35.07 15.30 (4) Winch operator (stern winch on dredge) ............ $ 34.52 15.30 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 33.98 15.30 (6) Barge Mate ..............$ 34.59 15.30 ---------------------------------------------------------------- IRON0002-004 07/01/2007 Rates Fringes Ironworkers: Fence Erector ...............$ 29.62 20.915 Ornamental, Reinforcing and Structural ..............$ 30.51 20.915 PREMIUM PAY: $3.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LAB00300-001 07/01/2007 Rates Fringes Brick Tender .....................$ 25.47 13.25 ---------------------------------------------------------------- LAB00300-003 07/01/2007 Rates Fringes LABORER: Gunite GROUP 1.....................$ 27.79 16.62 GROUP 2.....................$ 26.84 16.62 http://frwebgate.access.gpo.gov/cgi-binlgetdoc.egi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 Y T-110 1_.1ul W11%.111l 1\GulvGVal GROUP 3.....................$ Laborer: Tunnel GROUP 1.....................$ GROUP 2.....................$ GROUP 3.....................$ GROUP 4.....................$ Laborers: GROUP 1.....................$ GROUP 2.....................$ GROUP 3.....................$ GROUP 4.....................$ GROUP 5.....................$ 23.30 16.62 29.04 13.54 29.36 13.54 29.82 13.54 30.51 13.54 24.63 13.25 25.18 13.25 25.73 13.25 27.28 13.25 27.63 13.25 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power room sweeper (small); Riprap stonepaver, placing stone or R � '-webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 14 of 21 wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval (brake person and switch person on tunnel work); Tunnel materials handling person Page 15 of 21 GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LAB00882-002 01/01/2007 Rates Fringes Asbestos Removal Laborer ......... $ 24.15 11.75 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB01184-001 07/01/2007 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer ... $ 25.44 8.81 (2) Vehicle Operator/Hauler.$ 25.61 8.81 (3) Horizontal Directional Drill Operator ..............$ 27.46 8.81 (4) Electronic Tracking Locator .....................$ 29.46 8.81 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 26.39 11.47 GROUP 2.....................$ 27.69 11.47 GROUP 3.....................$ 29.70 11.47 http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval GROUP 4.....................$ 31.44 11.47 Page 16 of 21 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036-001 07/01/2007 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint .................$ 25.20 8.14 (2) All Other work .......... $ 28.47 8.14 REPAINT of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities, tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects. PAIN0036-008 10/01/2007 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 31.64 10.87 ---------------------------------------------------------------- PAIN0036-015 06/01/2007 http://frwebgate.access.gpo.gov/cgi-binlgetdoe.egi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Rates Fringes Page 17 of 21 GLAZIER ..........................$ 33.30 13.53 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up ---------------------------------------------------------------- PAIN1247-002 01/01/2008 Rates Fringes SOFT FLOOR LAYER .................$ 29.85 8.49 ---------------------------------------------------------------- PLAS0200-009 01/01/2005 Rates Fringes PLASTERER ........................$ 28.29 7.46 ---------------------------------------------------------------- PLAS0500-002 07/01/2007 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 28.00 16.45 ---------------------------------------------------------------- PLUM0016-001 01/01/2008 Rates Fringes PLUMBER/PIPEFITTER (1) Work on strip malls, light commercial, tenant improvement and remodel work ........................$ 26.21 13.54 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 32.84 14.93 (3) All other work .......... $ 33.86 15.91 PLUM0250-002 01/02/2006 Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ........ $ 33.30 13.95 ---------------------------------------------------------------- PLUM0345-001 01/01/2008 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 25.18 12.66 Sewer & Storm Drain Work .... $ 22.99 14.79 ---------------------------------------------------------------- ROOF0036-002 08/01/2007 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Rates Fringes Page 18 of 21 ROOFER ...........................$ 29.90 7.27 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-008 01/01/2007 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 30.00 14.15 ---------------------------------------------------------------- SFCA0709-003 01/01/2008 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire) .......... $ 35.68 19.00 ---------------------------------------------------------------- * SHEE0105-003 01/01/2008 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work ........................$ 37.08 14.61 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort ... $ 32.01 19.92 TEAM0011-002 07/01/2007 Rates Fringes Truck drivers: GROUP 1....................$ 25.44 17.39 GROUP 2....................$ 25.59 17.39 GROUP 3....................$ 25.72 17.39 http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 19 of 21 GROUP 4....................$ 25.91 17.39 GROUP 5....................$ 25.94 17.39 GROUP 6....................$ 25.97 17.39 GROUP 7....................$ 26.22 17.39 GROUP 8....................$ 26.47 17.39 GROUP 9....................$ 26.67 17.39 GROUP 10....................$ 26.97 17.39 GROUP 11....................$ 27.47 17.39 GROUP 12....................$ 27.90 17.39 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 WAIS Document Retrieval Page 20 of 21 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA20030035 2/1/2008 WAIS Document Retrieval Page 21 of 21 0. interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=CA20030035 2/l/2008 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bored BOND # N/A KNOW ALL MIEN BY THESE PRESENTS, that we CALIFORNIA PROFESSIONAL ENGINEERING, INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING 9310 MABEL AVE. S. EL MONTE, CA 91733 (Here insaRfull name ,and address or legal ripe of Contractor) as Principal, hereinafter called the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3300 ORANGE, CA 92868 {Hera insert full name ,and address or legal title of Surety} a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92W (Here insert full name ,and address or legal fitle of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 001100 PERCENT---------------------------- ------ Dollars ($ 10 % ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SAFE ROUTES TO SCHOOL, CYCLE V IN THE VACINITY OF ISAAC L. SOWERS MIDDLE SCHOOL (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work Covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21St day of January 2008 (Witness) (Witness) YUNG T. MULLICK, AIA DOCUMENT A310 13ID BOND AIA W FEBRUARY 1970 ED THE AMEBIC, INSTITUTE OF ARCHITECTS, 1735 KY. AVE., N.W. WASHINGTON, D.C. 20006 (Title) PROFESSIONAL (Seal) ACKNOWLEDGMENT State of California County of ORANGE ) On January 21, 2008 before me, JENNIFER K. SMITH, NOTARY PUBLIC (insert name and title of the officer) personally appeared YUNG T. MULLICK 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 17Z4-seal) SSE�I OF TyF, JENNIFER K. SMITHS N COMM. # 1479028 NOTARY PUB' ?CALIFORNIA N ORANGE COUNTY �"�ToaK My Comm. Expires MAR 26, =4 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New I lampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington international Insurance Company, a corporation organized and existing under the laws of the "state of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint- Jt NNiFF,R C. Ci1130NEY, JAMES W. MOIL.ANENAND YUNG T. MULUCK JOINTLY OR SEVERALLY Its true and lawful Attomcy(s)-m-Fact, to makc, execute, Kcal and deliver, for and on its behalf and as its act and deed, 1>onds or other writings obligatory in the nature of a bond on bchalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of-. TEN MILLION (10,000,000-00) DOLLARS This Power of Attorney is granted and is signed by facsimile undcr and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000; "RFSOLVF.D, that any two of the Prcsidcnt, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary bc, and cub or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of A.trorcy to execute on behalf of the Company bonds, undertakings and all contracts of- surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to artacli therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any Nuch Power of Attorney ui to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile scat shall be binding upon the Company when so affixed and in the future with regard to any bond, urtettaking or contract ofsurety to which it is attached." 4.}CihtUUiYt'�r y'µFOlt�G B t� �N}Wrprgry,, 7I 4i ffYrY sin SEAL = M�vep P. Aedenmt. ft dd-t & ChIO'BYteutwe tlmtt of Ws4h1„y+ta.. 111.-.-6—t l...ut— ('snip-y d. Aftt � ' G ty, y 1971 �,r_ yke Prttldept orNatp Appel u SytcW ry 1--a— Cwul.w"> tAt �t SBy rn+r+tunma�" w•s� - a` 6n.id M- tn,ya w Y.a- Pr•�Idun of Wu:htutwu lacer .w h,,. ... .....,.e., � Vue tYtflACpt pf l\prp AmtnCap aipMrplfy Ipruraptt rnmptmy � r IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington international Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25 day of July _—_ 2005 _ North American Specialty insurance Company Washiartun International Insurance Company State of lltinoi� County of Du Page KS: Onthis 25 day of July 2(? b, bcforc me, a NotaryPublic personally appeared Stcvfdl, Y nrjcrson , Prcsidcnt and C.RO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington international Insurance Company and Vice. President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respcetivt: companies. "CIFF11CIAL SEAL" ff SIJSAN ANML / ` • - t� ttatmry Pw 1c, Smine tut Z0046 Susan Ansel, Notary Public Uy ctimiyoui(m Expires?Ai1t]OB s i, ,1Imgzn.A...Carpcntcr , the duty elected Assistant Sccrctary of North American Specialty Insurance Company and Washington International lnsuninc L; Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and effect - IN WITNKS'S WHt,REOF, I have set my hand and affixed the seals of (lie Companies this 2-1 day of JANUARY2008- 1an.-. A. Cmy-uvr. V— & A—. —, S.u,ciwy of w,ul„ryytuu twt.,—d hu.Ww4 t:-V-v h Npnh A—i— Specialty Ltsuronce Campy City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC April 4, 2008 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, ire-):� rc Joan L. Flynn, CMC City Clerk J F: pe Enclosure gAollowup/cashcont/returnbidbond.doc Sister CR`ies dk Aj"o'3Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) 2003 FEB 12 PPI a : 53 Bidder, PTM General Engineering Services, Inc. 5942 Acorn Street verside, Ca 92504 Y51.710,1000 To., City of Huntington Beach Attn: City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 714.536,5431 Date of Md: Tuesday, Feb. 12, 2006 Time of Bid., 2:00p. m. Cash Contract No, 1251 Project Desc: Safe Routes to School, Cycle V BID ENCLOSED -- DO NOT OPEN WITH REGULAR WMA SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No.1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. it is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 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 Bond 100 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 02/11/08 10:12am Per Cindy at City - Public Works/Eng. No addendums issued on this project. C-2 SECTION C PROJECT DID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT RID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: .S-e Ge- ,) 4 L n j( J 4" Q r-t p- e i1.2 k 1- a -1 � h i r\ x 17 - ')'.,. U (s n f S C-2.1 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item ,.• 1 Estimated .r� lr Pl: 1 L.S. Stem Wirth Unit M6" �Vnflenui Words e ',, 4 2 I j T -1� i5 Mobilzation 0 4 aut Pnce 1'I � Extendedi' t �011llt E 4 Per LS 2 1 L.S. Furnish Project Traffic Control O r+ Per LS 3 35 EA. Construct Curb Ramp Including Adjacent Gutter Plate,per Caltrans Stpdard Plan No. A88A @ t- 9 v c f M J t-- A n 4} tee- 1.4" r ok(v -� • iC ,7 LJ / $ �� $ Per EA 4 1 L.S. Construction Survey Per LS 5 1 L.S. Monument Preservation a @ two fit/ (/ I L ^ 'C. iw (. $ Per LS 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp Construction) j r e J J Per I,S—' 7 1 L.S. Traffi Striping and Si ping Per LS 8 1,156 SF Remove and Reconstruct Sidewalk @ ,,,—? i k-1- 0,-.( n ^�� � va.e. $ �• $ Per SF 9 21 EA. Remov Tree and Grind 2 " Belo Surface ty 0). � � iIAC e, $ Y 2 $ a� a Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Removal and Replacement) I �re, c-- &-J & �-1n, � ,-ems �v�tit1 q $ { b $ Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item ` �- 11 r' Estunat$d r -'� �� � 18 EA. Item W�thiJiut�PnceKntten m IT�cirda yc \} - � � kP 7..4 � -n �. Furnish and Plant New 24" Box Tree (See fA�ppe jx, Pro ect Tr a Species Palette I7iatt Pnce k 7.fi r.} $ S- 7 D '' Extended '' `°rr un'l•4 . .. $ 1 p a 6 D Per EA 12 1 L.S. 90 Day Plant Establishment and One year Mainte ance $ O $ S 0 0 Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. u $ 6 o 202). Per EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LISP' 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 ,d lit S�j�( e.,. ',� -f c���Cf,e �,f 6 s'� 4 F' Y C-A -7 O s 7 b t w n c .'y` is ,J 4L 7 OC a p►�IGy 3�� A— Op CV 4r q 1. 7k By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of 0YOW Riverside Brian Mendoza , being first duly sworn, deposes and says that he or she is Vice President/Secretaryof PTM Gen. Eng Svcs, 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. PTM General Eng. Services, Inc. Name of Bidder Signature of Bidder 5942 Acorn St. Riverside, CA 92504 Address of Bidder Subscribed and sworn to before me this 12 thday of Feb. 20 08 ,r-FiiZAHET41 ti4 i,CRAE rra�yy w-IM, rn e fl h 1986%�8 � UJ lIorA.,.fUBLIn t,A.lF'onfq;r1 NOTARY PUBLIC Elizabeth H. M. McRae 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 Safe Routes to School, Cycle V, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 02/12/08 C-5 PTM General Eng. Svcs., Inc. Contractor �} By Brian Mendoza Vice President/Secretary Title .. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. 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? El 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-s 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: 02/12/08 C-7 PTM General Eng. Svcs, Inc. Contractor r�� byBrian Mendoza Vice President/Secretary Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: PTM General Eng. Services, Inc. Contractor (I By Brian Mendoza Vice President/Secretary Title Date: 02/12/08 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 BIDDEN'5 INFORMATION BIDDER certifies that the following information is true and correct: PTM General Engineering Services, Inc. Bidder Name 5942 Acorn St. Business Address Riverside, CA 92504 City, State Zip (951 )710.1000 Telephone Number 891265 Class A; C10; C31 State Contractor's License No. and Class 02/2007 Original Date Issued 02/2009 Expiration Date Brian Mendoza Feb. 9th 08 The work site was inspected by of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H. Mendoza de McRae President/CFO Brian Mendoza Vice President/Secretary 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. PTM General Engineering Services, Inc. Company Name St to e of Bidder Brian Mendoza, Vice President/Secretary Printed or Typed Signature Subscribed and sworn to before me this 12 tkay of Feb , 2d . rl PA. PAuRAE NQ AR �a � 11 . CAUrORN IA NOTARYPUBLIC Elizabeth H.M. McRae 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 Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Mk, Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 �, b �� businesses. We 4re A This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor. PTM General Engineering Services, Inc. Contact Person: Eli e h H. Mendoza de McRae Contact Phone: 9 0.10 0 0 Signed: Date: 02 08 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder PTM General Eng. Services, Inc. proposed subcontractor , hereby certifies that he has X has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering Iagency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Entire Form Not Applicable Local Assistance Procedures Manual PS&E Checklist Instructions DISCLOSURE OF LOBBYING ACTIVITIES EXHIBIT 12-E Attachment G CUMPLEIE THIS FUKM TU JISCLUSE Wbb Y 1NU AUIIVI I IhS PURSUANT 1 U 31 U.S.C. 135i I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: F-1 a. contract Fla. bid/offer/application F-1 a. initial N/A b. grant N/A b. initial award b. material change c. cooperative agreement c. post -award N/A d. loan For Material Change Only: e. loan guarantee year quarter_ f. loan insurance date of last report _ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime El Subawardee Tier , if known N/A Congressional District, if known 6. Federal Department/Agency: N/A S. Federal Action Number, if known: N/A 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) N/A N/A Congressional District, if known - 7. Federal Program Name/Description: N/A CFDA Number, if applicable 9. Award Amount, if known: N/A b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) N/A (attach Continuation Sheet(s) ifnecessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee • N/A b. in -kind; specify: nature a deferred N/A value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Ite 1: N/A (attach Continuation Sheet(s) if necessa 15. Continuation Sheet(s) attached: Yes11 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or 3 sc Eliz entered into. This disclosure is required pursuant to I U. Print Name: - --t)1 H . M .McRae 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any President/CFO person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than 951 . 710 . 10 0 0D 0 2 / 12 / 0 IE $100,000 for each such failure. Telephone No.: ate: Federal Use Only: Standard Form LLL Rev. 09-12-97 Authorized for Local Reproduction Standard Form - LLL Page 12-87 LPP 01-04 March I5, 2001 - EXHIBIT 12-E Attachment G Local Assistance Procedures Manual PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Pape 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 0 14. Provide a specific and -detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-UL-lns4uctions Rev.06-04-90uENDIFto Page 12-89 LPP 01-04 March 15, 2001 Electrical Installation; Fiber Optic; Dry/Filet Utilities; Concrete & .�.ohalt; Street Improvements; Project Design & Development; Public & Private Facsimile Transmittal ........................ ........ ......._... ............ .... December 17, 2007 To Whom It May Concern: PTM General Engineering Svcs, Inc. is in the process of transitioning iftom Freeway Electric, owned;100% by Brian Mendoza, to a corporation in the State ofCa'Lif M.i4, PTNI:is owned by a brother and sister who have close to 20 years experience in the industry. The purpose of the transition is ,o Obtain dbe, mbe, wbe status with the State of California-- Dept. of ;Transportation and .other agencies (Elizabeth owns 80910 and Brian owns 204). b. ` The name "PTM General Engineering Svcs, Inc. fits the scope of our work more than merely "Freeway Electric" where it is often assumed we perform only electrical :installation. Both companies do electrical, dry/wet utilities, fiber optic, minor concrete, ` `;I asphalt, and project design. o There are three companies in the state of California with the name "Freeway Electric. " One not related to us, has a negative credit rating and assumed to be us when applying for credit. PTM stands for Pedro Torres Mendoza, father of both Brian and Elizabeth who planned to eventually change the name in memory of him. PTM,Vs only one contract to date on hand with Long Beach Community College as noted on the references. For this reason, we are including the resume on Brian Mendoza with references on his quality of work, knowledge, and experience. Sincerely, PTM General Engineering Svc., Inc. Elizabeth H. Mendoza de McRae President/CFO Mailing Address: P.O. Box 7745 Riverside, CA 92513-7745 Physical Address: 5942 Acorn St. Riverside, CA 92504 Tel No: 951.710.1000 Fax: 951,710,100612118120071211812007 P. O30 l745 ?iver'i'c C� :92�13 7745 Phone. 9721. Fax ` 95. 7o1 '01 11 Undergrouncf Project References Listed below are the names, address, and telephone numbers for five public agencies for which Freeway Electric has performed similar work called out for in the plans and specs within the post two years. 1) City Temple City 5938 Kauffman A ve. Temple City, CA 91780 Contact: Mr. Steve Loriso RKA Consulting Group Tel 909.594.9702 Contract No. d Desc: CPP05-06 Sereno Sewer System Improvements Completed: 12131106 Contract Amount: $249,500,00 2) Indio Water Authority 100 Civic Center Drive Indio, CA 92201 Contact: Mr. Dennis Weaver Tel: 760, 391, 4140 Contract No. d Desc: Lateral Water Line Maintenance Completed.' 12131106 Contract Amount: $214,520.00 3) Watson 4 Associates 101 Main St., Suite A Seal Beach, CA 90740 Contact: Mr. Jim Swartz The Moote Group Tel- 714.751.5557 Contract No. d Desc: Tract 17699 Dry Utility Rackgone at Campus Drive. Completed- 12131106 Contract Amount:$191,764.00 4) World Development 44-600 Village Court Palm Desert, CA 92260 Contact: Mr. Gary Chronister Tel., 949. 606, 3326 Contract No. d Desc: Tract No. 28639-1 Underground Utilities in Catherdral City Completed: 04130107 Contract Amount: $481,337.00 Phase one of two. 5) City of South Gate 8650 California Ave, South Gate, CA 90280 Contact: Mr. Art Cervantes Tek 323.563.5781 Contract No: 360ST Underground Utility District 7 Completed: 04130107 Contract Amount: $45,320.00 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 +-951-712-5767 + Brian@mbe-hlj.com Objective Chief Executive Officer and Supervisor of Outside Operations Qualification Summary • Supervisor of outside operations with over 18 years of experience; • Electrician with over 20 years of experience; • An effective communicator and team leader; • Experienced in coordinating and executing large and fast -paced projects; Personal Exuerience High Light Electric Inc. 10/1996-present Riverside, Ca • Chief Estimator (05/2005-present) o In charge of managing the estimating department and finalizing bid packages; o Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; ■ Project submittals; ■ Contract review. o Successfully bid on projects totaling $12 million with an average spread of 6%; • Area Supervisor (10/1996-05/2005) o Coordinated and managed 10 crews consisting of 6 members per team in the Southern California region; o Handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements; ■ Please view attached document listing HLE projects. o Maintained coordination between High Light Electric Inc. and subcontractor, general contractor, and project owners; o In charge of handling project's administrative work; ■ Monthly progress estimates; ■ Project progress schedules; ■ Material requisitions; ■ Contract change order negotiations; ■ Equipment purchase and rentals. MBE Electric Inc. 10/1988-10/1996 Riverside, Ca. Vice President and Head of Outside Operations (10/1988-10/1996) o Managed outside operations for all projects ranging in size from $1,000 to 2.5 million; ■ Headed an around the clock electrical crew and coordinated with CC Meyes to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days ; Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 +Brian@mbe-hlj.com o Maintained coordination between MBE Electric Inc. and subcontractor, general contractor, and project owners; o Implemented and enforced safety guidelines; o Handled administrative work; ■ Monthly progress estimates; • Material requisitions; ® Contract change order negotiations; Vasco Corporation 10/1987-6/1988 San Fernando, Ca. • Foreman (Part-time) o Managed day to day operations of work crews and various projects ranging in size from $1,000 to $500,000 in Eastern Los Angeles County; ® Traffic signals; ■ Street lighting; Signal Interconnect; Raymor Electric 6/1986-10/1987 Rosemead, Ca. • Crew leader (Part-time) o In charge of work crew on projects ranging from $25,000 to $250,000 through out Los Angeles County; Work Skills • Capable of operating heavy equipment such as skip loaders, cranes, and backhoes; • Hands-on experience with hand tools and power tools; • Capable of overseeing fast -paced and high profile projects; • An effective communicator and leader; Education International Brotherhood of Electrical Workers • Completed training course (1988-1989) in street lighting and traffic signal installations, code enforcement, and blue print reading. South Gate high School South Gate, Ca. • Received high school diploma in 1988. Professional Memberships • International Brotherhood of Electrical Workers (IBEW); • National Electrical Contractors Association (NECA). Accreditation • IBEW- Journeyman Wireman; CSLB- Electrical Contractor; Certified Trench Safety Coordinator. Professional and Personal References • Please view attached document titled Professional and Personal References. Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Languages • English (Native); • Spanish (Fluent). Awards Received • Recipient of the U.S. Small Business "Young Entrepreneur of the Year" Award in 1996, nationally, • Recipient of the Certificate of Recognition by the City of Los Angeles for "Small Business," in 1997; • Recipient of the Certificate of Recognition by the City of Riverside for "Small Business," in 1997; • Recipient of the Certificate of Recognition by the State Assembly, Assemblyman Mr. Rod Pacheco, for the "Top 500 Inland Empire Small Business," in 1997; • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" since 1997; • Certification of Appreciation for our participation in the Rebuilding of the Aftermath of the Northridge Earthquake in 1994; • Certificate of appreciation for participation and maximization in the "Century Freeway Affirmative Action," by CFAAC. Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Professional and Personal References Caltrans Project #07-1224U4 (Electrical contract amount is $4.5 million) Project completed in 2005. -Description of project: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in Los Angeles County. o Doug Dawson- Project Manager for prime contractor, Balfour Beatty. Cell: (949) 232-3276 and Office: (909) 397-8040. o Patty Galvan- Resident Engineer. Office: (909) 594-4270. o Veronica Ross- Electrical Inspector. Cell: (714) 606-6311 City of Redlands Contract# 208300-7230/41008 (Electrical contract amount is $218,800) Project completed in 2003. -Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. o Bill Hensley- Senior Civil Engineer- Office: (909-798-7586 ext. 2 o Juan Olvera- Project Manager for general contractor, H&H Construction- Cell: (951) 453-7712 and Office: (909) 473-7331. Caltrans Project# 08-4567V4 (Electrical contract amount is $938,238) Project completed in 2005. -Description of project: Installation of lighting system along the I-15 Freeway in San Bernardino County. o Gary Vogel- Project Manager for prime contractor, Granite Construction. Cell: (661) 549-3953 and Office: (661) 726-4447 Sanbag Projects Segment 1,2,3, early segment 9, Segment 9, and Alder Ave. (Total electrical contract amount was $3.2 million) Projects completed in 2004. -Description of projects: installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino County. o Harold Lantis- Sanbag Contract Manager- Cell: (760) 802-7730 and Office: (909) 875-8029 ext. 213 o Tim Hanable- Caltrans Inspector- Cell: (951) 712-0021 o Al Ortega- Project manager for prime contractor, Yeager Skanska- Cell: (714) 240-5333 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com City of Indio Project# STO137 (Electrical contract amount was $1.4 million) Projects completed in 2005. -Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. o Gary Baxter -Area manager for prime contractor, Yeager Skanska Construction- Cell: (909) 721-9749 and Office: (760) 343-5472 o Tommy Young -Project Manager for prime contractor- Cell: (951) 232-6618 and Office: (760) 343-5472 o Mehran Sepehri-City Engineer- Cell: (760) 250-2201 Additional Professional References: o Zale Harris- Caltrans inspector- Cell: (951) 289-0047 o Ray Robles- Caltrans area supervisor- Cell: (909) 799-0646 r AlA Document A310 Bid Bond BOND # NIA KNOW ALL MEN BY THESE PRESENTS, that we PTM GENERAL ENGINEERING SERVICES, INC. 5942 ACORN STREET RIVERSIDE, CA 92504 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 500 NORTH BRAND BLVD., STE. 1120 GLENDALE, CA 91203 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT------------------------------------------ Dollars ($ 10 % ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SAFE ROUTES TO SCHOOL, CYCLE V CASH CONTRACT NO. 1251 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference. not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th day of February 2008 (Witness) (Witness) PTM GENERAL ENGINEERING SERVICES 1//)/ �p (Principal) (Seal) (TitIe)/) 4 L�t� COMPANY (Surety) YUN&T_MHiLIC_k, Attorney -in -Fact AIA DOCUMENT A310 BID BOND ALA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y_ AVE_ N-W. WASHINGTON, D.C. 20006 ACKNOWLEDGMENT State of California County of QRANGF } On February 11, 2008 before me, JENNIFER K. SMITH, NOTARY PUBLIC (insert name and title of the officer) YUNG T. MULLICK, ATTORNEY -IN -FACT personally appeared 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 Al OF my �'S -E THE JENNIFER K. SMITH COMM, # 1479028 X NOTARYPUB -CALIFORNIA ~ ORANGE COUNTY Cn My Comm. EXPIMS MAR 2612008 r�j (Seal) ACKNOWLEDGMENT State of California County of Riverside On before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza 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 han a official seal. ' h _ _° tF 'ZA IS LP y i f4j S,nhHa 4 Signature (Seal) POWER OF ATTORNEY FOR DEVELOPERS St RETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, UMNE, CA 92623 (940) 263-3300 KNOW ALL MEN BY THESE PRESENTS; 1101ts'except as expressly 0rnited, DEVELOPERS SURETY AND INDEMNITY. COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each. hereby mice, owstihrte and.appant ***Yung T. Mullick, James W. Moilanefi, aennifer Giboney, Frances Lefler, jointly or severally*** as their We and tawbdAllonhey(s)-haFaa, to matte, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bards, undertaldngs and contractsof surely- " giving and grafbhg unto -said Attomey(s)win-Fact full power and authority to do and to pertam every act necessary, requisite or proper to be done in connection therewith as each of said corporatias could do, but reserft to each of said eoWations tug power of substitution and revocation, and all of the acts of said Atiomey(s)win-Fact, pursuant to these p wends. are hereby ratified and conkrahed. This Power of Attorney is grafted and is sad by bodinile under and by authority of the hallowing resolur4ons adopted by the resppwtive Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January Ist, 2008. RESOLVED. M the dwinan of the board, the President and any Vice President of the oaporafian be. and fhasl each of them hereby is, auttionzed to execute Powers of Attorney, erg the abomey(s) named in the Powers of Aftaihey tD exeade, on behalf oflfre cons, fronds, undertakings and contracts of suretyship; and thatthe Secretary or ary Assistant Secretory of Oro corporations be, and each of them hereby is, authorized to attest the execution of any such Power olAW(nhey; RESOLVED. FURTHER, that the slgnaktrn of such officers may be affixed to any such Power of Aftomey or to any certificate relating thereto by tacdmie, and any such Power of Attorney or certi6cale bearing such facsimle *iatures shall be valld and binding upon the corporations whah so affixed and in the future with respect to any bond, aufenii" Or contract of uacret 90 to which d is afthild. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDENPNI Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be sdwed by their nespecti" Vince Presided and alleged by theirrespec%w Assistant Secretary this January I st, 2008. Stephen T. Pate, Sam Vice Charles L. Day, Assisiamd Secretary State of California County of Orange On January M2tM18 before me, _ ChristopherJ, Roach. Notary Public Date Here insert Name and Title of the Officer personally appeared - Stephen T. Pate and Charles L. Day Names) Of Signer($) ay. Place MANY Seel Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and adunowledged to me that helsharey executed the same in hlsfiedtheir authorized capacity('res), and that by hisfli~ signatures) on the instru rent the person(s), or the entity upon behaff of which fie persords) ached, executed the Instrument. I certify wxW PENALTY OF PERJURY under the laws of the State of CafifOmia that the foregoing paragraph is true and correct WITNESS my hand and oftW seal. Stgnatwe J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attu W remain in full tome and has not been revoked, and furthermore, that the provisim of the resokntlons of the respective BOads of DWedm of said moons set forth in the Power of Aftm>ey, we in force as of the date of this Certificate. This Cerlikate is executed in ftie City of Irvine. Catifaraa, the 11 day of FEEIRI)ARI{, 2008 City of Huntington Beach 2000 Main Street m Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 4, 2008 Elite Bobcat Service, Inc. 1320 E. Sixth, Suite 100 Corona, CA 92879 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, z Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g: /followu p/cas hco nt/retu rnbidbond. doc Sister Cfodrht3Japan o Waitakere, New Zealand (Telephone: 714-536-5227 ) INC. JELITE BOBCAT SERVICEJ GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879 Tel* (951) 279-6869 • FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main St FL 2 Huntington Beach, CA 92648 2008 FEB 12 PM 1: 24 i SEALED BID FOR Safe Routes to School, Cycle V SEECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 "Bidders Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 02/01/2008 C-2 SECTION C PROJECT DID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: 'AL AMOUNT BID IN WORDS: C-2.1 $ 35l 975, _3 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item :, Estimated;; Item With.Uiiit Price Written in Words .Unit Price ' Extended '. No ' Quantity ;': Amount I 1 L.S. Mobilzation An ' r 0,0 !` Per LS P 1 L.S. Furnish Project �haffic Control eO 0 Per LS 35 EA. Construct Curb Ramp Including Adjacent Gutter Plate er Caltra is Standar Plan No. A88A pO $ i �. � 60 $ /S'�Z��_ Per EA 4 1 L.S. Construction Survey • u eo ®.o 5 1 L.S. Monument Preservation Q4 4 -�L�-4tb PerL9 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excluks Cur, p ConYt.sto�"��"" " 0 ceao $/9 DO, - $l/ , Poo Per LS 7 8 1 L.S. 1,156 SF Traffic Striping and,,Signing Per LS Rem ve and Reconstruct Sidewalk @ A&�2-Z�) ire r SF oa $ '7•- ea (,q vo 9 21 EA. Remove Tree e nd Grin 24" rtelow Surface $ qp / $ / '7 Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Rem val an Re acement) o0 $ �BO. me $ ��� • , @ w1 Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Estimated .Quantity . Item With Unit PriceWritten in Words Unit Price ; : - Extended Amount 11 12 18 EA. 1 L.S. Furnish and Plant New 24" Box Tree (See Appe dix, Pro'ect Tree Species Palette $ cp $ 9O�). $��t�0• ao $ 9 L r4�CIOA4 !i?n 17 L Per EA 90 Day Plant Establishment and One year M intenance M= Lx Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. 202 . Per EA — $ �J�O, 1 $ 4 Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion 9f Work Name and Address of Subcontractor State License Number Class I /° C - /d c • s `.�0 �� �qaa 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 Joseph Nanci , being first duly swom, 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 Name of Bidder Signature of B i& err 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 NOTARYSEAL 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 Safe Routes to School, Cycle V, (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: 02/01/2008 C-5 Elite Bobcat Service, Inc. Contractor By President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes El 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: 02/01/2008 C-7 Elite Bobcat Service, Inc. Contractor By President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 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 f 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2008 Expiration Date The work site was inspected by Joe Nanci of our office on Jan 31 , 2008. The following are persons, firms, and corporations having a principal interest in this proposal: Joseph Nanci, President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, Inc. Company Signature of Bi Joseph Nanci Printed or Typed Signature Subscribed and swom to before me this — day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Riverside 3900 Main Street, Riverside, CA 92522 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sean Gill (951) 826-5892 $773,188 Street Improvements 11/2007 Contract Amount Type of Work Date Completed 2. City of Anaheim 200 S. Anaheim Blvd, Anaheim, CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Carl Heimberger $235,244.40 Contract Amount Street Improvements Type of Work (714) 765-5176 3. County of Riverside 4080 Lemon Street, Riverside, CA 92501 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Call $289,000 Contract Amount Street Improvements Type of Work C-10 11/2007 Date Completed (951) 955-6740 10/2007 Date Completed (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Elite Bobcat Service, Inc. Contact Person: Joseph Nanci Contact Phone: (951) 279-6869 Signed: VL. I k_ Date: February 01, 2008 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 State of California County of T,',N sv 5 \X before me, \A� L-I-R . , a notary public, personally appeared 5osz�� Nov.c't , who proved to me on the basis of satisfactory evidence to be the personNAose name is ire- subscribed t he within instrument and acknowledged to me t a he executed the same in hi authorized capacity, and that by his' -signature`F4on the instrument the person-4 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. Signature (Seal) City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle V -- CC 1251 Februaryl, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1261 shall be replaced with the following attac+led documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008. Elite Bobcat Service, Inc. vvr" � � Company Name By _ 02/01/2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. 08739262 Bond No. -- -- - -- ------ NIL Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND M, 11l i 'eJ\f'sJ KNOW ALL MEN BY THESE PRESENTS: That we, __-------- Elite Bobcat Service, Inc. BAL77MORE, MD 21203 as Principal, (hereinafter called the "Principal"), and !the FtDEL[TY AND DEPOSIT COMPANY OF MARYLAND. P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and City of Huntington Beach firmy bound unto--------.._ ----------- ----------- -- to-n percen-�� amouy nt-bi3 - —as Obligee, (hereinafter called oa "Obligee"), in the sum of ---------- ----- 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. Safe Routes to School, Cycle V WHEREAS, the Principal has submitted a bid for_—__---_-----_..-------------------------------_-------_---_---- ___-- 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. 1st February - A D �20 08 Signed and sealed this ------------ ------------ ---- - ----------day of ------ -------- ---------- Elite Bobcat Service, Inc. Principal Vitness BY• � -- - - - --- - ---- ---- -- ------ -------� --- h- -- Trutl e FIDELITY AND DEPOSIT MPANY OF MARYLAND Surety ----- ---- -------------- -------------------- -------- - _ By ASEAL) Witness R TCOJRN rYd IA_. F C on ?7de C725f-50M, 7.92 C—rams m Am .CM Institute or Acdnt-M Document A-310. - - - - Fe.q i970 Edition. - . CALIFORNIA . •• ACKNOWLEDGMENT my>- a• aY ,sr - ar ar .r v� a a� e�� 6 a- d e-r a -•a� :v� a• as'"a a a• a sr Bey a STATE OF CALIFORNIA County of Orange } On 2-1-08 before me, Jan C. Moran Notary Public Date %ere Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) C. MOORCOMM. 9ANJAN # 1470967 NOTARY PUBLIC-CALIFORNIAD ORANGE COUNTY () COMM. D(P. FEB. 17, 2008 -► Place Notary Seal Above 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/shelthey 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 C. _ryW41i,1.) Sig t re of Notary Public OPTIONAL IONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):____ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here 02007 National Notary Association • 935o De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notaryorg ftem #5907 Reorder. CalIToll-r-ree 9-800-876-68V Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hgte��by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULQ ie OOD, all of Anaheim, California, EACH its true and lawful agent and ma V ,p d deliver, for, and on its behalf as surety, and as its act and deed: any anxecution of such bonds or undertakings in pursuance of these presen tpl� i rill in as fully and amply, to all intents and purposes, as if they had been du�ac�Cn h gularly elected officers of the Company at its office in Baltimore, Md., p Per s attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, C �ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L s saaiid 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: 't,9 Df PQs�i 4` ti.nif� State of Maryland SS: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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 individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A- Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4150H City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 4, 2008 AK Engineering 3750 Aspen Lane Chino Hills, CA 91709 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/retu rn bidbond. doc Sister CRri s�dAr�i 33Japan . Waitakere, New Zealand (Telephone: 714-536-5227 ) N OQ y � LL- N � City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008. ompany Name By C�?- Il ®IK Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 1.0 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 A b,Aa Us 6ain the amount of k l d 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 I a q —o W AK E0 &itj eat IQ ' G2 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: C-2.1 $� U Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item. 1 2 3 4 `Estimated 1 L.S. 1 L.S. 35 EA. 1 L.S. � Item With TJmt Pace R'riften � Words L�nrt Pnce Mobilzation Per LS Furni Pro"ect Traffic Control Mot( Per LS Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A8A! $ 2 '� Per EA Construction Su y Per S Extended L $ I�� 2C0 .� 5 1 L.S. Mon ent Preseryau.0n, Pe 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp k Constructi ) @ y Per LS �• $ Z� !)3q K� $ 7 1 L.S. Traffic ipin and Signing Per LS _ 8 9 1,156 SF 21 EA. Remove aQd Reconstruct Sidewal , Per SF t� Remove Tree and ri d 24" Below Surface re- A Per EA � $ Z , ,�� Z Z , $ 3 2� 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Remo 1 and Replac�mr�ut) Per EA ^� $ Z r $ C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Estunated _.. Item Wirth Umt Pace Written in Words LJmt Puce --- .. Extended amount 11 IL- 18 EA. 11 Furnish and Plant New 24" Box Tree (See Appendix, Pro'ect Tree Species Palette S ere Per E $ (b �" _ $ 1 12 1 L.S. 90 Day Plant Establishment and One year Maintenance 1 @It IV lz.(A Pei As / $ 10 OV , r- $ 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. 202). T Per EA c 'U off $_3 2SOi $ Z U- Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 FIST OF SUBCONTRACTORS W, k 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 C /D C_ A 05- qz' V0 ,C 93N cx&.,, f .. , >,�� �� 3'46,0-1 z 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 Ofange i' , being first duly sworn, deposes and says that he or �w is D,) 0 fir' of a K E`N6-1 tJOe5lZ i the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. A K Name of Bidder Signature of Bidder 215 z PSP-e n c h 0 3 W5Its , c-A� 01r7oq Address of Bidder Subscribed and sworn to before me this 12 / h day of rC-6 , 20off. NOTARY PUBLIC 1 0 A. R. DADASHOY COMM. #1703036 m Notary PubNo-Caftmia LOSANGELES COLIMY My Caren. EXP. Nov 4, 2010 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 Safe Routes to School, Cycle V, (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: -®8 19 V_ EW & 10 Contractor V'a r By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes CNo 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: IR k- C Y1i &l PLC 91 nl s- Contractor OW Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 3.A S 2 4S L✓-n Business Address City, State Zip c909> �,3a-- 321:7 Telephone Number State Contractor's License No. and Class I1-t--oI Original Date Issued ri 30— of Expiration Date The work site was inspected by . of our office on .--� 1 9 , 20 0 The following are persons, firms, and corporations having a principal interest in this proposal: [�ff IV, A- (.. k"L, L C-9 The undetsigned 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 — Kq vv"_� Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of = e , 2009. NOTARY PUBLIC A. R. DADABHOY _ COMM. #1703036 W Notary PuWb4Womia LOS AWAM COUNTY 3 My Comm Exp. Nov 4, 2010 L 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. `� 1kt4c f 15u, r 2. Name and Address�df Public Agency Name and Telephone No. of Project Manager: <,,�� ZC7 I J 2,0'1 tA 7- Contract AAount Type of Work Date Completed Name and-AddAess df Public Name and Telephone No. of Project Manager:( r Type of W 3. (__� �6 2%1 ec� �Le u aC C� I k' Name and M&4of Public Agency Date Completed Name and Telephone No. of Project Manager: CN 2 rb Contract AInount ype of Work Date Completed C-10 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: AK Ee 11.1 ,0_rXAA_ Contact Person: Contact Phone: 3 0 — 2 Signed: �"z A Date: 2 - l 1—y *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: Fq_1 a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: Fla. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 3. Report Type: 14-91 a. initial b. material change For Material Change Only: year quarter date of last report S. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) S 2actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes F1 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: A M A LL- 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any D w person who fails to file the required disclosure shall be subject Title: C to a civil penalty of not less than V 0,000 and not more than $100,000 for each such failure. Telephone No.:�iDate: Z Authorized for Local Reproduction Federal Use Only:. Standard Form - LLL Standard Norm LLL Rev. 09-12-97 Page 12-87 LPP 01-04 March 15, 2001 FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95826 BID BOND B904965 BID DATE 02/12/08 KNOW ALL MEN BY THESE PRESENTS: That we AK Engineering as Principal, hereinafter called the Principal, and FINANCIAL PACIFIC INSURANCE COMPANY of Sacramento, California, a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount bid (10% of Amount Bid), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to the Obligee for: Safe Routes to School Program, Cycle V NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specific, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to,Obligee; or if Principal shall fail to do so, pay Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 8th day of February, 2606, 200.8 Financial Pacific Insurance Company AK Engineering (Surety) (Principal) ' 1 By: A c �.�e� By: Ko Susan C. Monteon, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On February 8, 2008 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person HAivlElnA Pr3CC,,acted, executed the instrument. COMM. Pi ,$ i 1659202 z I certify under PENALTY OF PERJURY under the laws of NOYA92Y t'a.3r3�_i0 — C.ALiFp9�N1A � certify SAN BERNARDINO COUNTY the State of California that the foregoing paragraph is ~ My Comm. Expires April 30, 2010 true and correct. WITNESS my hand and official seal. v Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual ® Corporate Officer Title ® Partner -- O Limited O General 0 Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B904965 POWER NUMBER 904965 PRINCIPAL AK ENGINEERING PENALSUM 10o OF AMOUNT BID KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company") does hereby make, constitu a�l appoint: Jay �. r'reeman, Susan C. 1VMonteon, Janet L. Miller, Pamela McCarthy its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or, 'other ,vertttem,obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and MiscellaneousBondi-40 to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by faesitnile tinder"and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company; at the rieeting-duly held July 6, 1995, which are now in full force and effect: i RESOLVED, that the President- or any Vice President in conJunction with' the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or,lirtiited to the instrument evidencing the al3poirittment in each case, for and on behalf of the Company, to execute anddehver and affix the seal"of the Companyxto bonds unlidertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such,attorney in factonagent and`iev,oke any.power of attorney previously -granted such person. 0 IFO v STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 12th of September, 2007, personally came before me Edward J. Paoletti and John R Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. USA ROPER COMM. # 1755752 z Z ' NOTARY PUBLIC - CALIFORNIA� _ PLACER COUNTY isa Roper ry P is My Comm. Explres July 6, 2011 CERTIFICATE 1, the undersi-ned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in Full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors se forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento, this STH day of FrRRUARY • 70 09 John ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOA►N L. FLYNN CITY CLERK April 4, 2008 Damon Construction Co. 8851 Watson Street Cypress, CA 90630-2243 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure g:/followup/cashcont/returnbidbond .doc Sister CRFgS�dIr8 3Japan m Waitakere, New Zealand (Telephone: 714-536-5227 ) moo m w1wm9m-W, 00� 2008 FES 12 PM 1: 38 X" I ldiv SECTION C PROPOSAL for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of 'comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 ., If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 0 Accompanying this proposal of bid, fmd3 Twp in the amount of $ 10�,S,,wlhp which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 4, SECTION C PROJECT DID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASK CONTRACT No. 1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: C-2.1 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item Estimated Item With Unit Price Written m Words Umt Price Extended INo• � r � ;K;t � , � �` ` `# � Amount ` 1 .;Quantity`,_ 1 L.S. Mob ilzation @ (')n/tQrS ., $ E000f $ S O0O Per LS 2 1 L.S. Furnish Project Traffic Control six-{r S'Ik C. ciolkw,C Per LS 3 35 EA. Construct Curb Ramp Including Adjacent Gutter Plate per Caltrans Standard Plan No. A88A $� R 75. _30 $ 02 OS, 63S _ �° @ Piye -Tj,no rA G4hi- I-m,MveJ �,Pvc•r-:-v FiYE. 3��`O GOIIGfS Per EA 4 1 L.S. Construction Survey @Orr= "rV-NOuSOnrJ Six hurAryJ $ 1 Ao" `)O $ / 6/.q . 90 Per LS 5 1 L.S. Monument Preservation @ erg 'Thc,u;x�nr) Sixl�unclre d $ go iw��1F �0�oc ranliQrS Per LS 6 1 L.S. Install Traffic Signal at Indianapolis Avenue and Titan Lane (Excludes Curb Ramp $ JA5, tY7h. 3S $ !A �076 . 3s Construction) @Ord h�nclreri i � � 2y �5�e'T'he��r�ci �`•x 3 Leo AnKors Per LS 7 1 L.S. Traffic Striping and Signing @ E ter, T hc,uscanc) '1�.,�n honclrec $9O. 3° Per LS 8 1,156 SF Remove and Reconstruct Sidewalk @ Six ys/e� cool lorS $ 6. ti S $ 9 21 EA. Per SF Remove Tree and Grind 24" Below Surface `'K @ oUf- V)(Inr1rkd_rl Fovr-ems clollcat-3 $ a $ 816 V. °a Per EA 10 9 EA. Construct New 30' Tree Well (Includes Sidewalk Removal and Replacement) $ $ @ Ct�C T-hnu,�O+j Six ht,ncir�c� r i!�hT_t /i x 65m dollars Per EA C-2.2 Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item 11 =.Estimated .18 EA. uIeem With Umt Price Written u Wordsr 7 7 s Furnish and Plant New 24" Box Tree (See Appendix, Project Tree Species Palette Umt Price $ , .1's Extended r $ 9, _SRD . So @ Fiye. h�,nrlf)CA -5/0o c�ollnrS Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance $ 4,,3,' 3,'7C $ Y; ,�R _ 70 Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. $�, 4,7, �° $ 7 202). @ 4 1�+1E ThouCQnd Fcx,r k'm3mcl Ti.,e r��v �v,1��n ���oa ci011Gr5 Per EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class °la CASC LAND SUT Q C � K3.aROF S'T CA 99869 ��yll CaRA{��g CoolS—C)< STAXPI6-JG x � ST , E 13 L/ 6 0 `�S C -3� J l C ST E\VCio'S 'TP GC- GOC-tLT$ --S 0 6 AST . L IT -,T % Mae2� EL�GTa-iGAL T5 A. CADDELL rkbCj<rQCq t 1 O$ S. /kDAff't+ A 4A 0P_" CA ASD 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 �e_g-,�tr.►r.)i�-t-a , being first duly sworn, deposes and says that he or she is of c-ow.s"T' C.a , the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this �4�(/ 4v i� �.k NOTARY PUBLIC -j>AN)c*j cQw ,Sr.. CCU . Name of Bidder 7 Bid er AWN --.4—',Bidd-, 8051 tnJlp MgW Sr., CYPRE545 CA 9M&30 Address of Bidder day of , 20 _ . AV44 NOTARY SEAL C-4 v CALIFORNIA JURAT WITH AFFIANT STATEMENT ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California v County of V " V ®AOOOOOOOOOObOAAdA00AA0A00A00000000000 ® o. MARIA MARCELINA A. GODINHO ® —+_ COMM. #1550552 ID Ul NOTARY PUBLIC - CALIFORNIA ® ORANGE COUNTY o o My Comm. Expires Feb. 6, 2009 00000a�v�oa0000aoo®000ee00000000000000 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 1 a 4' day of L 20 Ob , by Date Month Year (1) n S Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of Signer proved to me on a basis of satisfactory evidence to be the person w1% appeared before me.) Signature k��kl Signature of Notary Public Place Notary Seal Above OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUNIBPRINT OF SIGNER #1 OF SIGNER #2 •• of • here•• • 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 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 Safe Routes to School, Cycle V, (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. 1. �• .. _ err• r —D►J Go Contractor &N 4 :,0 W,w P Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes)M(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 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. 1D1coN C®NiTT= CC> 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: 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: -zAMo1.1 COWS-7— Cti- Bidder Name 88s 6 wA-�SoN 5T: Business Address gyPFEss . G�. 9�3© City, State Zip (714) 9CtS-S&!±q4 Telephone Number State Contractor's License No. and Class EMs�R 19 <�:M Original Date Issued A-'►ZL L Expiration Date The work site was inspected by is �— of our office on JMu Ry as 209E The following are persons, firms, and corporations having a principal interest in this proposal: `I)NMao CCA4 ' -. CCD. 2EW F 1 F E — �G • /T �Ev . 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. MAJM©N cat11S-. _ Company Name Signature of Bidder MaRc-�P-Er AN W Ry1— Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ 3LA/ NOTARY PUBLIC 4"'4' �"w'�'t - NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 5EE~ f�i'C�%i'E� t�•S�T -RF:EtJC--- t S� 1. 4 Fksa� I11 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 CALIFORNIA JURAT WITH AFFIANT 1 \ ❑ See Attached Document (Notary to cross out lines 1-6' below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Q 800d90�6f�@cP00a44800000000000000008 o 'R MARIA MARCELINA A. GODINHO c COMM. #1550552 0 cc NOTARY PUBLIC - CALIFORNIA m . ® ORANGE COUNTY o ® I01y Comm. Expires Feb. 6, 2009 0 o°00000000®o�mo��000000000aoocoe000000® Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed).before me on this day of t 20 0 Y by Date Month Year 0) p,�( p M n 1 S Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person h appeared before me.) Signature 11 ignature 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. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Dam" ed-f ` e0ga-V 8851 WATSON STREET - CYPRESS, CA 90630-2243 (714) 995-5490 - FAX (714) 995-5707 PROJECT REFERENCES PUBLIC AGENCIES City of Alhambra Frances Moore (626) 570-5090 City of Arcadia Mark Rynkiewicz (626) 256-6552 City of Bell Carlos Alvarado (626) 960-1889 City of Brea Brian Ingallinera (714) 990-7600 City of Cerritos Mary Ann Wozniak (562) 860-0311 City of Commerce Martha Gomez (323) 722-4805 City of Costa Mesa Carlos Castellanos (714) 754-5343 City of Cudahy Carlos Alvarado (626) 960-1889 City of Cypress Jim Gorin (714) 229-6748 City of Downey Jim Bautista (562) 904-7117 City of El Segundo Paul Bowen (310) 524-2356 City of Hermosa Beach Tristan Malabanan (310) 318-0228 City of Huntington Beach David Verone (714) 375-8471 City of Inglewood Teresa Kneedler (310) 412-5333 City of Irvine Judy Morse (949) 724-7664 City of Long Beach Sadie Tuaa (562) 570-6537 City of Lynwood Antonio Perez (310) 603-0220 City of Maywood Lissette Calleros (323) 562-5700 City of Montebello Robert King (323) 887-1200 City of Newport Beach Frank Tran (949) 644-3311 City of Orange Alan Truong (714) 744-5568 City of Pasadena David Ortega (626) 744-6912 City of Pico Rivera Romeo Ligason (562) 801-4421 City of Santa Ana William Albright (714) 647-5029 City of Santa Monica Monica Diaz (310)458-2205 City of Thousand Oaks Jocelyn Bylsma (805)449-2456 City of Torrance Sue Herbers (310) 781-7532 City of Vernon Max (323) 583-8811 ex. 221 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 County of Orange Lori Hanson (714) 567-6257 Dept of Parks & Recreation Robert Scholfield (949) 496-1866 L.A. Unified School Dist, Maria Martinez (213) 241-2702 O. C. T. A. Sarah Strader (714) 560-5633 Palos Verdes Peninsula USD Lora Dodell (310) 378-9966 ex.227 PRIVATE FIRMS Amoroso Construction Valerie Frahm (714)433-2326 ARB Structures Debbie Esparza (949) 598-9242 Archstone — Smith CJ Wiemann (949) 455-4500 Bemards Bros. Paul Richardson (949) 461-3650 Bomel Construction Elizabeth Marin (714) 279-3224 Robert Castognia Don Perea (562) 803-3328 CT&F Manny Rosales (562) 927-2339 R.J. Daum Const. Mark Perong (714) 894-4300 Del Amo Construction Roy Northup (310) 378-6203 Dynalectric Therese Jelnick (714) 484-2305 Excel Paving Co. Curt Brown (562) 599-5841 Eastside LRT Const. Al Guerrero (323) 980-2544 J. Fletcher Creamer & Son, Inc. Patty Padilla (818) 367-9748 GCI Construction, Inc. Janet Russell (714) 957-0233 Hathaway Dinwiddie Kip Drabeck (213) 236-0500 Henzel-Phelps Construction Ken Ketchum (949) 852-0111 Imperial Paving Co. Irene Gomez (562) 944-0975 Kemp Bros., Inc. Pegi Early (562) 236-5000 Keiter Corporation Bonch Nagata (323) 266-6302 Laird Construction Terri Duval (909) 989-5595 H. A. Lewis Inc. Herbert Lewis (310) 478-1511 McCarthy James Metoyer .(949) 851-8383 Majich Bros. Paul Majich (626) 398-9992 John T. Malloy Inc. Justin Malloy (323) 780-9942 John S. Meek Company Bill Gomory (714) 830-6323 C.C. Myers Tracey Carlson (916) 635-9370 R.J. Noble Co. Jennifer De Iongh (714) 637-1550 W.E. O'Neil Construction Jim Surdyk (310) 643-7900 PCL Construction Services Paulina Cook (213) 614-0481 Peck/Jones Construction Dan Dagert (310) 423-3964 T. T. Polich Associates Donald Kral (714) 835-4612 Powell Constructors Paul Zolezzi (909) 356-8880 Hensel Phelps Construction Clint Squire (714) 938-3300 Premier Stamp Concrete Dominick Ingraffic (909) 865-3362 Mike Prlich & Sons, Inc. Pete Serdarusich (323) 283-7852 Ryco Construction Tycanne Arceri (310) 324-1151 Sema Construction Micaiah Revero (949) 470-0500 Shawnan Corporation Jenifer Soliz (562) 803-9977 J.F. Shea Const. Jack Herrington (909) 595-4397 St. Cornelius Church Ted Brodeur (562) 425-7813 Steiny and Co. Robert Hernandez (626) 338-9923 Swinerton Builder. Kevin Hermreck (949 )622-7000 TG Construction Ed Wright (310) 640-0220 Taisei Corp. Carolyn Carpenter (714) 886-1530 Thomsen Landscape Merle Thomsen (818 )344-0158 Ken Thompson Schalk Opperman (714) 995-1371 Trade Mark Concrete Yelena Westerfield (714) 970-8200 Trammel — Crow Bill Gertsner (310) 229-8919 Valleycrest Landscape Michelle Duran (818) 834-1000 Valverde Construction Chris Valverde (568) 906-1826 Weeger Bros. Inc. Mark Weeger (714) 536-3854 Western Paving Bill Miller (626) 338-7889 Howard S. Wright Construction Linda Madrigal (949) 567-1909 Woodcliff Corporation Omead Tabrizi (818) 784-8444 2 8851 WATSON STREET CYPRESS, CA 90630-2243 (714) 995-5490 - FAX (714) 995-5707 CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT AMOUNT DATE CITY OF ALHAMBRA 2004 HANDICAPPED RAMP 94,506.00 07/04 CITY OF RIVERSIDE ALLEY IMPROVEMENTS 279,701.00 08/04 STEINY & CO. SMART CROSSING, LANCASTER 546,884.00 08/04 LAUSD HILLCREST E.S. 119,791.00 11/04 CITY OF COMMERCE SAFE ROUTES TO SCHOOL 346,775.00 11/04 VALLEYCREST LANDSCAPE WLACC CAMPUS-CULVER 162,672.50 12/04 CITY OF ORANGE ROLLING GREEN LANE -QUEENS GATEWAY 68,150.00 01/05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1) 260,000.00 02/05 AMELCO CO. ADDITIONS TO BELL GARDENS, H.S. 643,000.00 04/05 CITY OF LONG BEACH ANNUAL CONTRACT R65-95 4,481,300.00 05/05 CITY OF INGLEWOOD ALLEY CONST. PROG 04-79 277,420.00 07/05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 11/05 LAIRD CONSTRUCTION SIDEWALK RAMPS -RIVERSIDE 128,142.50 11/05 SWINERTON BUILDERS OCTA BUS PARKING STRUCTURE 410,825.00 11/05 WOODCLIFF BELMONT NEW PRIM CTR. 146,433.00 11/05 CITY OF HERMOSA BEACH CONCRETE IMPROVEMENTS 87,920.00 11/05 CITY OF WHITTIER CONCRETE IMPROVEMENTS 189,510.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 R.J. NOBLE CO. RESIDENTIAL ST.-FULLERTON 356,479.00 12/05 CITY OF PASADENA WASHINGTON POP -OUTS 570,752.50 12/05 R.J. DAUM CONST. LA SOUTWEST COLLEGE 256,138.00 12/05 EXCEL PAVING SOUTH ST.-ANAHEIM 114,730.00 01/06 TAISEI CONSTRUCTION DEL MAR STATION-PASADENA 153,320.00 01/06 DEL AMO CONSTRUCTION PACIFIC CHARTER-CRENSHAW, L.A. 140,232.00 02/06 CITY OF YORBA LINDA ACCESS RAMP IMPROVEMENTS 115,996.25 02/06 CITY OF SANTA ANA OMNIBUS CONCRETE REPLACEMENT 403,835.00 03/06 CITY OF MONTEBELLO SAFE ROUTE TO SCHOOL(SR2S) 229,688.00 03/06 CITY OF ALHAMBRA 2005 HUD CONCRETESM/ REPAIR PROJECT 148,960.00 03/06 ROBERT CASTOGNIA STREET IMPROVEMENTS-TORRANCE 110,111.50 04/06 BERNARD BROS. SUNRISE ASSISTED LIVING -PLAYA VISTA 62,979.00 05/06 CITY OF TORRANCE CURB & GUTTER REPLACEMENT 1,082,441.00 05/06 CITY OF LYNWOOD S/W CURB & RAMP IMPROVEMENTS 247,240.00 05/06 BOMEL CONSTRUCTION CAL STATE FULLERTON PKG STRUCTURE II 154,710.00 05/06 R.J. DAUM CONST. ORANGE COUNTY JUVY HALL 233,067.50 05/06 DYNALECTRIC (35030) AZUSA AVE. / SAN GABRIEL RD. - COVINA & AZUSA 12,785.00 05/06 CITY OF CUDAHY CURB RAMPS -VARIOUS LOCATIONS 37,600.00 05/06 EXCEL PAVING CO. (4307) NEWPORT SHORES REHAB 322,510.00 06/06 CITY OF PICO RIVERA PROJECT 2007 WASHINGTON BLVD. 343,379.90 06/06 MAJICH BROS, INC. SEWER IMPROVEMENT -GARDEN GROVE 294,350.00 07/06 EXCEL PAVING (4205,4206 & 4207) CHARLES DREW MIDDLE SCHOOL 172,829.00 08/06 CITY OF LONG BEACH R-6666 THE ANNUAL CONTRACT 1,500,000.00 12/06 ARB STRUCTURES, INC. POINT NORTH ENTRY, WEST HILLS 105,304.00 11/06 CITY OF ARCADIA 05-'06 ANNUAL CONCRTE REPAIR 291,998.50 11/06 CITY OF CYPRESS CONCRETE IMPROVEMENTS 176,006.00 11/06 R.J. NOBLE CO.(91029) REHAB. OF ARTESIA BLVD.-BUENA PARK 64,860.00 11/06 CITY OF CUDAHY SM/ REPLACEMENT - VARIOUS LOCATIONS 47,276.00 11/06 TG CONSTRUCTION 2120 AUTO CENTER DRIVE - GLENDORA 67,765.15 11/06 CITY OF MAYWOOD SIDEWALK RECONSTRUCTION 171,626.00 11/06 JOHN T. MALLOY, INC. MISC. PCC WORK- NEWPORT BEACH 51,693.00 11/06 CITY OF EL SEGUNDO ANNUAL CONTRACTO FOR CURB & SIDE WALK 92,386.00 11/06 STEINY & COMPANY LACO-PACIFIC, LONG BEACH VAR CITIES LA COUNTY 25,000.00 12/05 SWINERTON BUILDERS CHOC PARKING STRUCTURE- ORANGE, CA 94,448.00 08/06 Page 1 of 2 CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT AMOUNT DATE EXCEL PAVING (4314) MARQUEE TOWER-MICHELSON, IRVINE 130,719.00 06/07 GCI CONSTRUCTION INC. 226TH ST. EXT. & STORM DRAIN - HAWAIIAN GARDENS 161,150.00 10/06 T. T. POLICH ASSOCIATES CORBIN & MASON BRIDGES - LOS ANGELES 38,926.00 IN PROGRESS HATHAWAY DINWIDDIE AVENUE OF THE STARS - LOS ANGELES 879,523.00 09/07 COUNTY OF ORANGE ANNUAL PCC MAINTENANCE REPAIR 100,000.00 06/07 EXCEL PAVING CO. (4339) CITYWIDE LOCAL STREET PROGRAM - LONG BEACH 520,284.00 10/06 GCI CONSTRUCTION INC. ORANGE -OLIVE ROAD & HEIM - C/O ORANGE 45,675.00 11/06 ROBERT G. CASTONGIA, INC. I-37 DOWNTOWN SEWER REPLACEMENT - TORRANCE 67,967.50 01/06 EXCEL PAVING CO. (4340) SLAUSON AVE. IMPROVEMENTS - PLAYA VISTA 201,482.00 12/06 EASTSIDE LRT CONSTRUCTION METRO GOLD LINE EXT. PROJECT - LOS ANGELES 1,225,751.50 IN PROGRESS CITY OF LYNWOOD 2005-2006 SIDEWALK IMPROVEMENTS 41,210.00 07/06 CITY OF VERNON CITY WIDE CONRETE REPAIR 125,200.00 IN PROGRESS OCTA CONCRETE PVMT. GARDEN GROVE & ANAHEIM BUS BASES 989,000.00 01/07 CITY OF IRVINE ANNUAL CONCRETE MAINTENANCE 208,702.00 06/07 TRAMMEL - CROW CHEVIOT HILLS MEDIAN ISLANDS - LOS ANGELES 380,885.00 IN PROGRESS EXCEL PAVING CO. (4354) LA BREA AVE. STREET IMPROVEMENTS - HOLLYWOOD 18,900.00 07/06 SWINERTON BUILDERS KAISER MEDICAL OFFICE EXPANSION - GARDEN GROVE 125,782.00 07/07 R. J. NOBLE DALE STREET REHABILITATION - BUENA PARK 9,881.25 09/06 EXCEL PAVING CO. (4329) SUNSET BLV. MANDEVILLE CYN. RD - LOS ANGELES 104,379.50 IN PROGRESS PCL CONSTRUCTION THE MARKET @ 9TH & FLOWER - LOS ANGELES 289,498.00 06/07 MAJICH BROS, INC. GLENDALE 83,083.63 11/06 R. J. NOBLE COMPANY HARBOR BLVD. IMPROVEMENTS -ANAHEIM 38,020.00 04/07 ARB STRUCTURES, INC. 636 MAPLE AVE. MULTI -MODAL - LOS ANGELES 44,537.00 01/07 CITY OF LONG BEACH SECOND AMENDMENT SIDEWALK REPAIRS 2,500,000.00 IN PROGRESS R. J. NOBLE COMPANY BREA BLVD. IMPROVEMENTS 89,966.00 02/07 ARB STRUCTURES, INC. W. HILLS CORP POINT PARKING - WEST HILLS 70,015.00 06/07 CITY OF BELL SIDEWALK REPLACEMENT FY 2006-2007 60,428.50 04/07 ARCHSTONE - SMITH DEL MAR STATION OFF SIDE WORK - PASADENA 280,089.20 08/07 EXCEL PAVING CO. (4416) STIMSON AVE. ST. IMPROVEMENT - LA PUENTE 91,403.00 04/07 MIKE PRLICH & SONS, INC. STORM DRAIN IMPROVEMENT -ORANGE 19,717.50 03/07 EXCEL PAVING CO. (4419) PARKING STRUCTURE #2 - IRVINE 46,827.00 04/07 ARB STRUCTURES, INC. OLIVE STREET PARKING STRUCTURE - LOS ANGELES 50,111.00 07/07 CITY OF BREA CORSICAN VILLAS CURB ACCESS RAMPS 55,765.00 03/07 MCCARTHY VERMONT - MANCHESTER OFFICE BLDG. C/O LA 239,667.00 08/07 SWINERTON BUILDERS KAISER PALM COURT 1 C/O FONTANA 59,946.20 05/07 DYNALECTRIC ATSAC & TRAFFIC SIGNAL MOD. - SANTA MONICA 66,250.00 IN PROGRESS C.T. & F. , INC. LA COUNTY DEPT. OF PUBLIC WORK - ARTESIA 65,088.85 IN PROGRESS CITY OF INGLEWOOD 06-07 SIDEWALK, PREDESTRIAN RAMP & INTERSECTION 821,612.00 IN PROGRESS THOMSEN LANDSCAPE TRIANGLE ISLAND C/O LOS ANGELES 6,270.00 06/07 SWINERTON BUILDERS 505 CHAPMAN AVE. @ CHOC C/O ORANGE 89,807.00 IN PROGRESS KEITER CORPORATION SHERIDAN ELEMENTARY SCHOOL - LOS ANGLELES 36,000.00 IN PROGRESS SHAWNAN CORPORATION 2006/2007 SITE IMPROVEMENTS PORT OF L.A. 96,000.00 07/07 POWELL CONSTRUCTORS SUSAN ST. EXIT RAMP (07-06) - COSTA MESA 42,550.00 IN PROGRESS AMOROSO CONSTRUCTION EMERGENCY/POLICE & FIRE STA. OP. CTR.-LOS ANGLES 472,875.00 IN PROGRESS MIKE PRLICH & SONS, INC. WASHINGTON SIDEWALK @ HOPE ST. -LOS ANGELES 15,957.85 08/07 R.J. NOBLE COMPANY HARBOR BLVD., LA HARBA HEIGHT COUNTY OF L.A. 35,429.15 IN PROGRESS JOHN S. MEEK COMPANY TUJUNGA AVE. CITY OF LOS ANGELES 143,413.50 IN PROGRESS IMPERIAL PAVING CO. PHILADELPHIA ST. IMPROVEMENT C/O ONTARIO 33,502.50 07/07 EXCEL PAVING CO. (4370) ALAMEDA ST. N. SPRING ST. - LOS ANGELES 96,779,50 IN PROGRESS TRADEMARK CONCRETE FULLERTON COMMUNITY COLLEGE 33,828.00 IN PROGRESS WEEGER BROS. INC. MULTI - BLDG. ALISO & LINDA VISTA SCHOOLS 10,414.00 IN PROGRESS J. FLETCHER CREAMER & SON, INC. WATER REPLACEMENT - BEVERLY HILLS 32,835.00 IN PROGRESS CITY OF HUNTINGTON BEACH EDINGER AVE. PARKWAY IMPROVEMENTS 137,606.00 IN PROGRESS TRADEMARK CONCRETE CALIF. STATE UNIVERSITY - LOS ANGLES 17,420.00 IN PROGRESS COUNTY OF ORANGE PORTLAND CEMENT CONCRETE MAINTENANCE 100,000.00 IN PROGRESS EXCEL PAVING CO. (4486) LINCOLN WATERLINE @ BLUFF CREEK DRIVE 46,750.00 IN PROGRESS Page 2 of 2 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): �A Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: i-► C=AR>✓T Ate" 1" ,0_L-L_,Q1 Contact Phone: n Signed: Date: '8 17 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ❑ a. bid/offer/application Fla. initial b. grant b. initial award b. material change cooperative agreement c. post -award e. 1 n guarantee f. to insurance 4. Name \dAddre's of Reporting Entity PriSubawardee Tier , if known Congressional DistriNkif known 6. Federal Department/A ncy: 8. Federal Action Number, if 10. a. Name and Address of Lobby Entity (If individual, last name, first name, I For Material Change C year quarter date of last report 5. If Reporting Entity in No. 4 is Subaw de Enter Name and Address o Primer Cong ss' nal Distric wn - 7. Federal Program N escription: CFDA Numb p;\fapplical 9. Award A t, if known: b. dividuals Performing Services (including address if different from No. 1 Oa) (last name, first name, MI) (attach Continua ' nM 11. Amount of Payment (check all that apply) yment (check all that apply) actual pia ediner e-time fee 12. Form of Payment (check all that ap y):mission a. cash tingent fee b. in -kind; specify: na erred 14. Brief Description of Se ofiicer(s), employee(s), lue f. other, specify s Performed or to be performed and Date of Service, including member(s) contacted, for Payment Indicated Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation eet(s) attached: Yes No 16. Information re sted through this form is authorized by Title 11 U.S.C. Se ton 1352. This disclosure of lobbying reliance Signature: was placed/ y the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: Federal Use Only: Standard Form LLL Rev. 09-12-97 LPP 01-04 Authorized for Local Standard Form - LLL Paae 12-87 March 15, 2001 - Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder_ "Z�or.� Gc��s ST Cs� - , proposed subcontractor , hereby certifies that he has has notparticipated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. LPP 01-04 Page 12-79 March 15, 2001 N cal Assistance Procedures Manual &E Checklist Instructions DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 EXHIBIT 12-E Attachment E The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: O Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; . • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. '�10 �xc�r-ri '1 oN S Exceptions will not necessarily result in denial of award, -but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Page 12-83 LPP 01-04 March 75, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS EXHIBIT 1 Attachme; The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any: person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was, made or entered into. Submission of this certification is a prerequisite for making or entering into this transactioA imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file'the required certification shall be '? subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Ry The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that th language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such`: subrecipients shall certify and disclose accordingly. Page. LPP 01-04 March 15, City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008, The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008, Company Name By - 7 All bidders must acknowledge the receipt of this Addendum with your bid proposal, Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. V :I-91` KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 3033 Fifth Avenue Suite 300, San Diego, CA 92103, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee, hereinafter called the Obligee, in the sum of TEN Percent (10%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for SAFE ROUTES TO SCHOOL, CYCLE V IN THE VICINITY OF ISAAC L. SOWERS MIDDLE SCHOOL, PROJECT NO. CC1251 BID DATE: FEBRUARY 12, 2008 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 29TH day of JANUARY , 2008. DAMON CONST. CO. (Principal) �. r s.J E SURETEC INSURANCE COMPANY _ BY: &W-tl .41_ Brooke Lafre , A mey-in-Fact SureTec Bid Bond Rev 1.1.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�. '� oa. �=]P4 a a. vs. �. AD �. c�..�S.pa �. ems?.. � t.S.�S.. oa>.yaS.. �S> s,. � ... 3 .�. ��DM!:�. ��'.�WJ..s�.» Sa�e'�? ��/.a�..pa...7a. • ' y� a0. •�.. State of California County of 0 V 4A_w On 301ti • P 10 before me, Date personally appeared' 414t,914*4 a. v RVA 4ARt ELIt1f! A- G0DINH0: +. 1550552 U �` ,) �`=�'AR`'` F%BL€C - CALIFORNIA'{ 9 O; a® ,_ a� ® I:rt}' C r , pz � reS COUNTY Feb. S, 2W9 Place Notary Seal Above -� who proved to me on the basis of satisfactory evidence to be the personK) whose name(s�is/ayi� subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iK, and that by lr)Kher/their signature(ef 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. WITNESS my nd and -'official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Ej Attorney in Fact WIMP: ❑ Trustee Top of thumb here Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTiHUMBPRINT'. ___OF'SIGNER 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On January29, 2008 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of dh GLADYS D. ROGERS which the person acted, executed the instrument. Commission # 1537880 Notary Public - California I certify under PENALTY OF PERJURY under the laws San Diego County of the State of California that the foregoing paragraph is My Comm. Bores Dec 24, 2008 true and correct. WITNESS my hand a c ea Signature Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an 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 l Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: POA #: 510034 Know Aft Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris Conroy, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorneys) -in -fact, with full power and authority hereby conf$rred in its naive, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety; providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and. confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:. Be it Resolved, that the President, any Vice- .President, any Assistant Vice -President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Pact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances,, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments soexecuted by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed andeffected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seat shall be valid and. binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ��, TEC ZRANCE COMPANY v By: ui I B.J. ki g, reside It mk State of Texas ss: County of Harris w� . On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say: that he. resides in Houston, Texas, that he is President of :SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said 'Company, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors- of said Company; and that he signed his name thereto by like order. mmmm+� Michelle DennO "� "` !Way ptibti� * Stele of Texas '� My Comntt�n Aggust`37. 2008 Michelle Denny, Notary Pilfific My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do.hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore; the resolutions of the Board. of Directors; set out in the Power of Attorney are in full force and effect 29Tn JANUARY 08 Given under my hand and the seal of said Company at Houston, Texas this day , 20 , A.D. Si Brent Bea , sistan#Sectary Any Instrument Issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-NOO any business day between; 8:00 am and 5:00 pm CST. City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 4, 2008 Sturgeon General, Inc. 2519 W. Woodland Dr. Anaheim, CA 92801 RE: CC-1251 — Safe Routes to School, Cycle 5 Enclosed please find your original bid bond for CC-1251. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g: /followu p/cashcont/retu rn bid bond. d oc Sister Ci?[gQdAWjt13Japan ® Waitakere, New Zealand (Telephone: 714-536-5227 ) Sturgeon Genera[ Inc. 9519 W.7'Vood(andbrim Anaheiin, ca 92801 2003 FEB 12 PH 1: 4 9 m C,1i1� �,� F�"� aDGC M�li�l ��h'eei--S�C��cf �(�r e rA A �iti1 did ��� 1�0`?� r,;p�v� i�,a�' 2lialo� � �r� O�kRS c Le 0J--s6 - U / y SECTION C #5-3 for the Safe Routes to School, Cycle V In the vicinity of Isaac L. Sowers Middle School CASH CONTRACT No. 1251 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 therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 .SturgeovoodfandDfive eneraf, Inc. ,2519 W. Anaheim, Ca 928ol 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 1.0 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 eof m , at the AGENCY'S option, be considered null and void. Accompanying this pro sal of bid, nd in the amount of $ which said amount is not less t an 10% the aggregate of the total bid price, as requi ed by the Notice Inviting Sealed Bids, p able the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond , as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 StuBeongeneral 2519W%dInc. -oadDrive Anaheim, Ca 92801 SECTION C PROJECT BID SCHEDULE SAFE ROUTES TO SCHOOL, CYCLE V- SOWERS SCHOOL CASH CONTRACT No.1251 PROJECT BID: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: Fc O(L C-2. I 1 ,Stugeon Genera(, Inc. .2519 W. Woodland Drive Project Bid Schedule Anaheim, Ca 9,280, Safe Routes to School — Cycle V (Sowers School) CC-1251 Item �T1 1 `0 I v, i E9 r I t �r � Estimated Item With; C3x1it Pr�cet W-n --I ui Words r, LT t Pnee t qa 'S i i t '1� i�$ - ,(a� t':• uWAtl}}��, t `s:'',' tSi� S. �i7Y ! }.,C 35� t. Y`r i1 r-,, t 'i' I L.S. Mobilzation L.o $ -1 xtencled }.x k t'iOMllt $ ut Per LS 2 1 L.S. Furnish Project Traffic Control @ �-W o ?,,b Oob $ZJ r3Q, r Per LS 3 35 EA. Construct Curb Ramp Including Adjacent Gutter �� Plate per Caltrans Standard Plan No. A88A tt C @ Per EA 4 1 L.S. Construction Survey @-11FTrt'tC G-1$ Per LS j'O Oov, OLI $ D. Uoo 5 6 U.S. Monument Preservation @ C—V rr _'fta5O $ Per LS 1 L.S. Install Traffic Signal at Indianapolis Avenue ,�, and Titan Lane (Excludes Curb Ramp $_ _ . or t �>v $ 5 OGo it $3_(Nh� Construction) Per LS 7 8 1 L.S. Traffic Striping and Signing @ -�10 �,t $� 11 Per LS 1,156 SF Remove and Reconstruct Sidewalk @ -fw,tsk,11 aotct�t�S $fib $ �� C360 �v $��_5bL Per SF 9 21 EA. Remove Tree and Grind 24" Below Surface aa. (- �v�- $ `' 11 11 $ lO.5oo Per EA 10 9 EA. Construct New 30' Tree Well (Includes ��g Sidewalk Removal and Replacement) n-- 0 11 @ AW aPvuSa� $ o oo 1 Per EA 10 C-2.2 VA IOU ,.;w Project Bid Schedule Safe Routes to School — Cycle V (Sowers School) CC-1251 Item No Esturiated Item- WithxLTni Pace Wntten ui fiords A vY i t s�aAnlotillt j'.Unrt Price t_ f extended a 11 18 EA. Furnish and Plant New 24" Box Tree (See Appendix, Project Tree S ecies Palette @ li% U • S . $1�� $ �-h Per EA 12 1 L.S. 90 Day Plant Establishment and One year Maintenance $ , o-Vib $,0 �� Per LS 13 1 EA Remove Curb Ramp and Construct Sidewalk (Std. Pln. 207) with Curb and Gutter (Std. Pln. $ 5 (,� $t1cc 202). n`\- @ t Per EA Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 375-5015. C-2.3 Stuwon General; Inc. 2519 W. `Yt>oodfand Drive LIST ®� SUBCONTRACTORS Anaheim, Ca 9.28D1 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 Name and Address of Subcontractor ,State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That lie is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT O BE EXECUTED BY BIDDER AND l ; l f WITH B11 State of California ss. County of Orange being first duly sworn, deposes and says that he or she is Laa of IzCC Qin eeAVAuQ , ZeAC= 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. Sturgeon GeneraC, inc. 2519 ` . WoodfandDfive Anaheim, ca 92801 Name of Bidder Signature ofBidde'tu eoj)7 2519 eneral; Inc, odlandDl ve Anaheim, Ca 92801 Address of Bidder Subscribed and sworn to before me this _�day of r , 20 . VERONICA MEDINA COMM. #1481906 N 04 Notary Public -California ORANGE COUNTY a r r,. My Comm. Fxplres May 7, 2008 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 Safe Routes to School, Cycle V, (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: -o % Stugeon Oenera, Inc. 25519 `ITV Woodland Drive Contractor Title C-5 .Sturgeon f eneral, Inc, .2519 `YV `moo dfand D ive DISQUALIFICATION QUESTI®NNAIRE Anaheim, Ca 9.28o1 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 Sturgeon eneraf, Inc. 2519 W.7Noodfand Drive COMPENSATION INSURANCE CERTIFIC�AEm' Ca 92801 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: `i - 1\ , p % JtuWeon eneraC, Inc. 519 � odand Drive Anaheim, Ca 9280, Contractor "c AvAeA LIM C-7 BIDDER certifies that the following information is true and correct: ,Stugeo;Yowl eneraf, Inc. 2.519 `d�V. d(and Drive Bidder Name Inc. Business Address �&,�7 a0/' 1101VVL-6,"b1Y4/ `'` City, State Zip (IN ) gg15 ASIOD Telephone Number W State Contractor's License No. and C Original Date Issued Date The work site was inspected by of our office on (J1 '� , 2001 The following are persons, firms, and corporations having a principal interest in this proposal: ✓Ypy. y�w•s 2519 [[JOIN. lloodfand (Drive Anaheim, c.a M501 �v C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Stugeon Genera(, Inc. 2519 `IN Woodland IDrive Anaheim, Ca 92801 Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of , 200 VERONICA MEDINA cOMM. #1481906 n •''' a Notary Public -California ORANGE COUNTY My comm, Expires May 7, 2008 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: a 3. _zy'-V —0&0C:hQa Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Department of Motor Vehicles Contact: Mark Grace Tel-916-376-5000 707 Third St West Sacramento, Ca 95605-2811 Over $1 million -various jobs (over a 18 year period 1989- 2007). Performed numerous multiple contracts for the DMV throughout the Southern California area. Work included electrical, with new parking lot lighting, paving, landscaping, plumbing and electrical and general tenant improvements of various kinds. Palm Springs Unified School District Joel Sorenson Tel-760-416-6000 980 Tahquitz Canyon Way, Suite 202 Palm Springs, Ca 92262 $690,000.00 single contract at a Junior High School. Performed work around students and staff, including, but not limited to electrical, plumbing, sitework, and etc. Performed change order work at very competitive pricing. Everyone and especially the Vice Principal was very pleased with the way the work turned out. Vista Unified School District Contact: Glenn Mitchel Tel-760-726-2170 1234 Arcadia Ave Vista, Ca 92084 $800,000.00 single contract. Work involved tenant improvements of existing utilities including but not limited to, electrical, plumbing, etc. I recently spoke with the owner and he has said that there has not been one single problem with the workmanship performed by SGI. SUBC®NTRACTOR/SUPPLIER REFERENCES: Integrity Electric Contact: Steve Reskey Cell-714-396-7986 3081 E. La Jolla Ave 4G Anaheinm, Ca 92806 SCC Contact: Joe Cell-951-259-9052 3585 Mapleleaf Dr Riverside, Ca 92503 ARCHITECT REFERENCES: NTDStichler Contact: Carl Larson Tel-858-565-4440 9655 Granite Ridge Drive, Suite 400 San Diego, Ca 92123 MSP Contact: Edgar Paz Tel-562-427-5007 3575 Long Beach Blvd Long Beach, Ca 90807 LR Design Contact: Larry Tel-760-941-4647 4183 Avenida de La Plata 4201 Oceanside, Ca 92506 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): i� Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Sturgeon General, !"-" .2519 `hV oodfand Contractor: gnaheim, Ca 928,01 Contact Person: "� Contact Phone: CP5 - 9 0-0 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Safe Routes to School, Cycle V — CC 1251 February1, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Safe Routes to School, Cycle V (in the vicinity of Isaac L. Sowers Middle School) CC1251 shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED January 25, 2008. The Federal Labor Rates dated January 25, 2008 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated February 1, 2008. ozu&6,n general, Inc. 2519 !V Woodland D ve Anaheim. ca c)g na (Aru�� Aw� kL-N— Company Name By ` � �• r� 2,�\,- C)�) l Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. BOND NO,; STUGE-156 si 1170, i>>3ii7 KNOW ALL MEN BY THESE PRESENTS: That we, STURGEON GENERAL. INC. (hereinafter called the Principal), and WESTERN INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of NEVADA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by: these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for SAFE ROUTES TO SCHOOL — CYCLE V (SOWERS SCHOOL), JOB/BID NO. CC- 1251, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 11T" of FEBRUARY, 2008. STURGEON GENERAL, INC. M NCE BY: _ L./ RANDY,SPOHN, Attorney. in -Fact WESTERN INSURANCE COMPANY POWER OF ATTORNEY 314086 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Randy Spohn, Matthew R. Dobyns Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons-, guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. In Witness Whereof_ the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seat, duly attested by the signatures of its President and Secretary, this 19"' day of June, 2006. WESTERN INSURANCE COMPANY RAq + °ooR" b (Signed) By a SEAL < -President k tssa S,�Tf RE�lp (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19"' day of June, 2006, before me personally came DICK L. INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said acquainted, who being by me severally duly sworn, said, that they, the said I respectively the PRESIDENT and the SECRETARY of the said W�IE IT, which executed the foregoing Power of Attorney, that they eacbk the seal of Attorney was such corporate seal, that it was so affi y'order of the Beo their names thereto by like order as PRESIDENTQ}?�iy�RETARY, ,Ir-'c My Commission expires the 31 t a�u March, 201 c,� PATRICIA A LETSON - �( tgned) Notary Pobl C State of N Oa� n AN, PRESIDENT of the WESTERN with both of whom I am personally ROTTMAN and CAROL B. INGALLS were A COMPANY, the corporation described in t�,a oration; that the seal affixed to said Power hectors oid corporation, and that they signed WJw` j •, IE'. rAW A. Letson Notary Public %C6-lOmii-?-I:xPre;M ....................................................... This Power of Attorney is grame nd by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAN on June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to theta, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in fall: force arid effect and has not been revoked. in T$stimony Whereof, t have hereunto set m hand and the seal of the WESTERN INSURANCE COMPANY on this l lth 'nay of February 08 WS RA OF Secretary SEAL p # J.l i bsa a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County o ORANGE On before me, Erika Guido, NOTARY PUBLIC, personally appeared RANDY SPOKN ® 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. ��� z I certify under PENALTY OF PERJURY under the laws of the State of �,ub � cauFOP, California that the foregoing paragraph is true and correct. f+ Rry a �C3Lit " WITNESS m � Iry y hand a d and official- seal. Signatu of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACKED DOCUMENT