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GMC Engineering, Inc. - 2018-06-18 (2)
RECEIVED BW' / CITY CLERK RECEIPT COPY Return DUPLICATE to �/ ✓`" - City Clerk's Office (Name) ; after signing/dating (Date) CITY OF HUNTINGTON BEACH i INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: al V SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. (Company Name) 0013? f' r Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. �� �) • .ems Other No. SIRE System ID No. �J g:/forms/bond transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 29, 2018 GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Re: Atlanta Avenue Widening — CC-1319 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely. Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GMC Engineering, Inc. FOR Atlanta Avenue Widening, CC-1319 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 GMC Engineering, Inc. , a California Corporation . hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Atlanta Avenue Widening, CC-1319 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 1 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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; 2 SFF:17-5732/I58097/CalTrans-Federal Contract 6/17 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The 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 as specified in the particular PIans, Specifications, Special Provisions and Addenda applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders, the CONTRACTOR's proposal, (attached as Exhibit "A"), and, the Federal Requirements from FHWA 1273 (attached as Exhibit "B"); and F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the PIans 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 3 SFF:17-5732/158097/Ca]Trans-Federal Contract 6/17 4 adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Million Six Hundred Eighty -Eight Thousand Five Hundred Eighty -Three .50 Dollars ($ $2,688,583.50 ), 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 One Hundred Eighty 1( g0 ) consecutive working days from the day the Notice to Proceed is issued by CITY, 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 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 in Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be per£onned 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, F1 SFF:17-5732/158097/Ca]Trans-Federal Contract 6/17 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. 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 6 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIOUIDATED DAMAGES/DELA 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 detennine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($ 500.00 ) per each calendar 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 7 SFF:17-5732/158097/Ca]Trans-Federal Contract 6/17 CONTRACTOR hereunder. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of Cod or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless CITY shall grant a further period of time), notify CITY 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 CITY 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 8 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 ' other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4 (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical 0 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnonnal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or its written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Detnand seeks. The DPW shall act on the Demand within fifteen (1.5) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the DPW may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the DPW fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or 10 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the CITY as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of tinge utilized by the meet and confer process. 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 SFF:17-5732/158097(CalTrans-Federal Contract 6/17 used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by 12 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 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 tenns of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall pen -nit 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 CITY 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. 19. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and 13 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 against any and all claims, damages, losses, expenses, judgements, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 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. 14 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold hann less and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as (the "Additionally Insured Parties") 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 and non-contributory with any other- valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention 15 SFF:17-57321158097/Cat'frans-Federal Contract 6117 without the express written consent of CITY; however, an insurance policy "deductible" of $5,000.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 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: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected m SFF:17-5732/158097/Ca]Trans-Federal Contract 6/17 and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DISADVANTAGED BUSINESS ENTERPRISES. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. CONTRACTOR shall carry out applicable requirements of Part 26 of Title 49 of the Code of Federal Regulations in the award and administration of this Agreement, which has received funding assistance from the United States Department of Transportation. Failure by CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the tennination of this Agreement or such other remedy as the CITY deems appropriate. 23. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by 17 SFF:17-5732/158097/CalTrans-Federal Contract 6117 CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 24. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by 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 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. 25. 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. 18 SFF:17-5732/158097/CalTrans-Federal Contract6/17 26. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 27. 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. 28. FEDERAL PARTICIPATION Because the United States of America is providing funding for the PROJECT, CONTRACTOR shall comply with the following Federal Statutes and Regulations: A. Attached at Exhibit "B" is FHWA Form 1273, which describes required Federal contract provisions which CONTRACTOR shall perform. Additionally, CONTRACTOR shall incorporate Form 1273 into each of CONTRACTOR's subcontracts for the PROJECT, and further require each subcontractor to incorporate Form 1273 in any lower tier subcontract or purchase order. B. Pursuant to the Federal Cargo Preference Act (46 CFR Part 381), the CONTRACTOR agrees: 19 SFF: 17-5 732/158097/CaYfrans-Federal Contract 6/17 (1) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (B) (1) of this Section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. CONTRACTOR shall incorporate Section 28(B) of this Agreement into each subcontract, and further require each subcontractor to incorporate Section 27(B) of this Agreement in in any lower tier subcontract or purchase order. C. Pursuant to the Buy America Act, CONTRACTOR agrees: (1) Furnish steel and iron materials to be incorporated in the PROJECT that was melted and manufactured in the United States except: a. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials b. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the United States maybe used if authorized SFF:17-5732/158097/Cal'trans-Federal Contract 6/17 (2) Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. (3) To incorporate Section 28(C) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. D. Pursuant to Section 402 of the Vietnam Era Veterans Readjustment Act of 1974 (38 USC Section 219 et seq.), CONTRACTOR agrees: (1) To prohibit job discrimination and require affirmative action to comply and advance in employment to (1) qualified Vietnam veterans during the first four (4) years after their discharge, and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. (2) To incorporate Section 28(D) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. 29. 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. 21 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 B. The CONTRACTOR agrees to comply with all of the requirements of Section 306 of the Clean Air Act and section 508 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to 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. 30. 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. 31. 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 22 SFF:17-5732/158097/CalTrans-Federal Contract 6/I7 default by CONTRACTOR, CITY may elect not to tenninate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 32 and any damages shall be assessed as set forth in Section 32. 32. 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 tennination. 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. 33. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23 5FFA 7-5732/158097/CalTrans-Federal Contract 6/17 34. 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. 35. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work perfonned pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Goverrunent Code. 36, 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. 37. 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: 24 S17F:17-5732/158097/Cal'rrans-Federal Contract 6/17 1118XW A City of Huntington Beach ATTN: John Griffin 2000 Main Street Huntington Beach, CA 92648 38. SECTION HEADINGS TO CONTRACTOR: GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 39. 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. 40. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 25 SFF:17-5732/158097/CalTrans-1--ederal Contract 6/17 41. 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. 42. 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. 43. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26 SFF:17-5732/158o97/CalTrans-Federal Contract 6/17 44. 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. 45. 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. 46. 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. 47. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 48. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the 27 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 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 `6 , 20�. CONTRACTOR By: 5n Genn�, print name ITS: (circle one) Chairma resid j�Wice President AND By: nn t�:��1Y1Y1d dllil Gi(11z-�'l�k print name ITS: (circle one) ecreta hief Financial Officer/Asst. Secretary - Treasurer 28 CITY OF HUNTINGTON BEACH, a municipal coipezation of tl-AState of California City Clerk g•,�./g ffi INITIATED AND APPROVED: Director of ublic Works ... • City Ma� City Attorney SFF:17-5732/ i 58097/CalTrans-Federal Contract 6/ l 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange) On 08/8/18_,- ,, before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared . _ Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MEGAN FEATHERSTON WITNESS my hand and official seal. f - No'aryf,ibhc— Caliornia z z Ora''( County r Commiss'on2i82i70 rY/ �"" My Comm. Expires Feb 3, 2021 Signature Signature of Notary Public _.. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ . .................. _ Signer's Name: _ ............. Corporate -Officer Title(s), — -�F' Corporate°Officer Title(s): - m - Partner - - Limited -- General r Partner - 71 Limited - General Individual -.. Attorney in Fact Individual : Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator : Other: _,_.. .__ C Other: Signer Is Representing: .... _ Signer Is Representing: ........ . ,CE.; +;%4.K� ,tj Sri;; .v"..=.. 1„C:.z ti,�.,,, vor.,„f.�"..f ,..4.,"+,e, ,, X,� ,t;tX, ti -, tX, ,( ','„f,IX,?. ©2016 National Notary Association - www,NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A (Contractor's Proposal) 29 SFF:17-5732/I 58097/CalTrans-Federal Contract 6/ 17 GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 SECTION C PROPOSAL for the construction of ATLANTA AVENUE WIDENING (FROM HUNTINGTON STREET TO DELAWARE STREET) FEDERAL AID PROJECT BPMPL-5181 (165) C.C. No. 1319 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 180 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 overextended 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 ADDENDUM NUMBER ONE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 14, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: PLANS 1. The following plan sheets have been revised and supersede the previously issued plan sheets, respectively: Sheet Nos. 2, 5-7, 9-10, 14, 16-20, 22-27, 30-31, 38-39. SPECIFICATIONS 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-11 Section 6-7.1 Paragraph 1 [Replace with] The time within which the Work must be completed by the Contractor is fixed at 180 working days, including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, issued by the AGENCY to the Contractor, exclusive of maintenance periods. To minimize the inconvenience to the residents of the Surf City Beach Cottages community, the Contractor shall prioritize on -site improvements. Street improvements, except those necessary to complete the on -site improvements, shall not hinder the completion time of the on -site improvements. Therefore, the Contractor shall account for at least two phases or move -ins by the various trades as necessary. The AGENCY will not issue the Notice to Proceed until the contractor has submitted and the AGENCY has approved a construction schedule that meets this criteria. 4. Page E-12 Section 6-7.1 Paragraph 5 [Replace with] Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays. 5. Page E-13 Section 7-1.1 Paragraph 1 [Replace with] A noise level limit of 95 dB at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level or any other stricter requirements in the contract documents. 6. Page E-15 Section 7-8.3 [Replace with ] This project requires that a temporary acoustic barrier be installed between the mobile home units, most adjacent to the construction site, and construction activities. The location of the acoustic barrier may be adjusted once the temporary circulation road and areas identified as "Future Parking Stall", which will serve as hammer head turn arounds for the residents, have been constructed or as directed by the ENGINEER throughout the project duration. 7. Page E-17 Section 7-10.2.1 Paragraph 4 [Replace with] Full compensation for conforming to this requirement shall be included in the lump sum price bid for Project Traffic Control Plan and no additional compensation will be allowed therefore. 8. Page E-20 Section 7-10.5.1 Paragraph 3 [Replace with] A Temporary Construction Easement is available for work on the Surf City Beach Cottages private property. The acoustic barrier may serve as construction fencing, however, fencing along the private streets shall not hamper access nor 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 _',, 0°10 bica 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 for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 ot$ C-2 f circulation by the residents. Any fence straddling the private streets shall have the ability to be opened by emergency personnel should it be required to enter the work site. The Temporary Construction Easement allows for blockage of the adjacent remaining mobile home units for a maximum of 10 days (with 72-hour notification), in order to facilitate necessary adjacent construction activities. 9. Page E-21 Section 9-3.1 Paragraph 1 [Replace with] Payment for items of work not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no payment except for the bid items specified in the Proposal. The cost of all work shown in the Plans or Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional payment shall be allowed therefor by nature of compliance with the Plans and Specifications except as provided in Sections 3, "Changes in Work" of the Greenbook, as modified in these Special Provisions. 10. Page E-23 Section 203-11.3 [Replace with] Asphalt -rubber hot -mix gap graded surface course, when specified on the plans, shall be Fiber Reinforced ARHM- GG-C PG 64-16 (1/2") and shall conform to the requirements of Section 203-11 and Section 302-9. The asphalt binder to be mixed with the mineral aggregate shall be paving asphalt conforming to the Performance Grade specifications of Section 203-1. The grading of the combined aggregates for rubberized asphalt concrete shall conform to the requirements of Table 203-11.3. Fiber Reinforcement shall be FORTA-FI or Agency approved equal. The fiber -reinforced asphalt concrete pavement shall include the submittal of a manufacturer's Certificate of Compliance stating the material authenticity and properties for review and acceptance by the Engineer before using the material; store fibers in a dry environment and do not allow being in contact with moisture. Add asphalt reinforcement fibers into the asphalt concrete at a rate per ton of asphalt in accordance with the manufacturer's recommendations; add fibers at the plant either manually or through specialized equipment that can accurately proportion or meter by weight; add the proper amount of fiber per batch for batch plants, or add fiber continuously and in a steady uniform manner for drum plants. When a batch plant is used, add fiber to the aggregate in the weigh hopper, and increase both dry and wet mixing times and ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture. When a drum plant is used, inject fibers through the RAP collar by placing the proper amount of fibers recommended by manufacturer on the RAP belt or by feeding them through a blower tube; feed fibers at a rate dictated by the rate the plant is producing asphalt mix. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. 11. Appendix N [Replace with] The Federal Labor Rates contained in Appendix N of the Project Specifications for the Atlanta Avenue Widening, C.C. No. 1319 shall be replaced with the attached FEDERAL LABOR RATES (Publication Date 05/04/2018). The attached FEDERAL LABOR RATES (Publication Date 05/04/2018) shall be the Federal labor rates in effect for the above named project. This is to acknowledge receipt and review of Addendum Number One, dated May 14, 2018. Company Name ��' By �iiY�Y�d �iK M-AA w.10vZ Date J All bidders must acknowledge and include the receipt of this Addendum with your bid proposal City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 7%. For the Federal Trainee Program, the number of trainees required is 2. 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-12 Section 6-9 — All references to Liquidated Damages shall be revised as follows: Liquidated Damages shall be $1,800.00 per calendar day. 4. [Add the following Sections and Subsections:] 300-3 STRUCTURE EXCAVATION AND BACKFILL. 300-3.1 General. Add the following: Structure excavation shall consist of removal of material for the construction of the masonry retaining walls. 300-3.3 Foundation Material Treatment. Add the following: Contractor shall remove a minimum of 3ft of existing soil underneath the proposed retaining wall footings and replace with lean concrete or imported granular soil compacted to at least 90% of the maximum density determined by current ASTM Soil Compaction Method D 1557. Fill soils and the bottom areas should be observed and approved by the representative of the ENGINEER prior to placement of fill. 300-3.5 Structure Backfill. 300-3.5.1 Requirements. Add the following: The retaining wall should be backfilled with approved granular soil compacted to at least 90% of the maximum dry density of the soil. 303-1 CONCRETE STRUCTURES. 303-1.1 General. Add the following: Portland cement concrete structures shall conform to the provisions in Sections 201-1 and 303-1 of the SSPWC and these special provisions. The work includes but is not limited to bridge abutments, footings, and wingwalls, including bar reinforcement, constructed to the lines and grades shown on the plans. The Contractor shall provide concrete mix designs for all concrete applications which meet the specified strength requirements. The proposed mix designs and aggregate gradations shall be submitted per Section 2-5.3 of the SSPWC. The following requirements apply to 4000 psi compressive strength concrete: (a) The concrete shall attain a twenty-eight day strength such that the average of any three consecutive compressive strength tests shall be equal to or greater than 4000 psi, and not more than 10 percent of the tests shall be less than 4000 psi. No test shall be less than 85 percent of 4000 psi. (b) The concrete shall include a minimum of 610 pounds to a maximum of 750 pounds of Type V cement per cubic yard and a City -approved water -reducing admixture. Type I or II cement may be used if soil sulfate levels are determined by a geotechnical engineer are sufficiently low. Shotcrete shall not be used as an alternative construction method for reinforced concrete members unless otherwise specified. 303-1.7 Placing Reinforcement. 303-1.7.1 General. Reinforcement shall be in accordance with the plans, these provisions, and Sections 201-2 and 303-1.7 of the SSPWC. 303-1.11 Payment. Add the following: See Section 303-4.2.4 for measurement and payment of Bid Item 24. 303-4 MASONRY CONSTRUCTION 303-4.1 Concrete Block Masonry. 303-4.2.1 Materials. Add the following: The following colors shall be used for the Retaining/Screen Block Wall (Bid Item 24): Wall block color shall be TAN, split -face 1 side (Orco block or equivalent as approved by the Engineer). Pilaster block color shall be OTAY BROWN, split -face on exposed sides only (Orco block or equivalent as approved by the Engineer). Grout color shall be NATURAL GREY (Orco block or equivalent as approved by the Engineer). Wall cap shall be Classic Smooth GRANADA WHITE (Stepstone, Inc. or equivalent as approved by the Engineer). Pilaster cap shall be Classic Smooth GRANADA WHITE (Stepstone, Inc. or equivalent as approved by the Engineer). Block color(s) for proposed on -site walls shall match existing color as approved by the Engineer. 303-4.2.4 Measurement and Payment. Replace entire section with the following: The cost of all labor and materials necessary to construct the proposed Retaining/Screen Block Wall with Subdrain System (Bid Item 24) complete and in place per the Plans and Specifications, including but not limited to: structure excavation and backfill, compaction, structural concrete, bar reinforcement, grout, 4", 8", 12" CMU blocks, wall/pilaster caps, perforated pipe, drainage rock, filter fabric, waterproofing, drainage board, delivery of materials, coordination with utility owners, etc., shall be included in the contract unit price bid per linear foot and no additional payment will be allowed therefor. SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.1 General. Add the following provisions and subsection: Chain link fence shall consist of chain link mesh, fence framing, and fasteners. Chain link fence shall conform to the provisions in Section 206-6, "Chain Link Fence," of the SSPWC and these special provisions. Contractor shall provide Engineer with sample of product for review and approval prior to fabricating. The chain link mesh shall be 11-gage (0.148-inch diameter), Type IV, Class B, bonded vinyl coated fabric, conforming to the requirements in AASHTO Designation: M 181. Mesh size shall be 1 inch. The strength of the bond between the coating material and steel of the bonded vinyl coated chain link fabric shall be equal to or greater than the cohesive strength of the polyvinyl chloride (PVC) coating material. Contractor shall provide fence framing along all edges of the chain link mesh. Framing shall serve as a support for the mesh and shall consists of steel flat bar on each side of the chain link mesh. Minimum size of steel flatbar shall be'/< inch by 1 '/2 inch. Steel flatbar shall be fabricated with holes for fastening the fence to the truss supports. 5. Page E-32 Section 303-5.9 [Revise the last sentence as follows:] "Additionally, all depressed curb and gutter, variable height retaining curbs, concrete sidewalk, etc. (as required by the Plans and Specifications) located within the limits of the new curb ramp (from BCR to ECR), cross -gutter, or driveway/alley approach as shown on the Details (Sheet 11 of the Plans), shall be considered as part of said ramp, cross gutter, or driveway approach and shall be paid for at the contract unit price bid for each item, respectively." This is to acknowledge receipt and review of Addendum Number Two, dated May 17, 2018. GM(`, EY1Qi"oeevyYV, lnc Company Name' os r+ I �s Date — By �I�y)aAj Ghi1hi All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. [Add the following Sections and Subsections:] 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. [Replace entire section with the following:]. 6-1.1 Construction Schedule. The AGENCY shall schedule and conduct a Pre -Construction Scheduling Conference with the Contractor's Project Manager and Scheduler within 10 days after approval of the contract. At this meeting, the AGENCY will review the requirements of this section of the special provisions with the Contractor. The Contractor shall submit: a general bar chart displaying the major work categories, type of work activities (based on the contractors' schedule of values for each lump sum bid item) which show the sequence of planned operations. BETWEEN CONTRACT AWARD AND NOTICE TO PROCEED (NTP), THE CONTRACTOR IS REQUIRED TO FINALIZE, SUBMIT AND OBTAIN APPROVAL FOR THE PROJECT BASELINE SCHEDULE. THE AGENCY MAY ISSUE AN NTP, HOWEVER, ACTUAL CONSTRUCTION WORK WILL NOT BE ALLOWED TO COMMENCE UNTIL THE BASELINE SCHEDULE HAS BEEN APPROVED. 6-1.2 Commencement of Work. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM). The scheduling software to be utilized for the project shall be Primavera or Microsoft Planner product, or equal, if approved by the AGENCY. An electronic copy of both the baseline schedule and any subsequent updates will be supplied to the AGENCY. The Contractor will be responsible for any additional costs associated with an AGENCY's request, at any time during the contract period, to further define an element of the work by inserting activities, coding or logic ties that will assist the AGENCY in understanding the intent of execution of the scope -of -work. 6-1.3 Definitions. The following definitions shall apply to this section: ACTIVITY — A task, event or other project element on a schedule that contributes to completing the project. Activities have a description, start and finish dates, duration and one or more logic ties with a starting relationship and ending relationship. ACTIVITY ID — No intelligence shall be incorporated into the activity numbers, unless approved by the AGENCY. Any sorting or organizing of activities shall be done with activity codes. ACTIVITY CODES — Activity codes shall be used to identify; submittals, work category, work type, purchase/delivery, and responsibility, which will facilitate sorting and organizing related or sequential activities. AS -BUILT SCHEDULE — Certification of the schedule, by the Contractors Project Manager, as being the manner in which the contract was executed. BASELINE SCHEDULE — The first schedule approved by the Owner that includes a level of detail sufficient to complete the work within the "Time of Completion" stipulated in the contract. CONTRACT COMPLETION DATE — The date the Contractor is contractually obligated to complete the project, including any authorized adjustments, as specified in the Standard Specifications. CONTROLLING OPERATION — A feature of work or activity on the critical path. CRITICAL PATH — The longest continuous chain of activities for the project that has 0 or less days of total float. In general, a delay on the critical path will extend the scheduled completion date. CRITICAL PATH METHOD (CPM) — A logical calculation method using the sequence of activities and their interrelationships, interdependencies, resources and duration has to determine the critical path that shows the expected start time to complete the project. DATA DATE — The day after the date through which a schedule is current. Everything occurring earlier than the data date is complete or "as -built" and everything after the data date is "planned". DELAYS — By AGENCY — A delay that is attributed solely to the AGENCY is beyond the control of the Contractor and extends the time required to complete a controlling operation. By Contractor — A delay that extends the time that is required to complete a controlling operation caused by and within the control of the Contractor, its subcontractor at any tier or suppliers. Concurrent — Two or more delays on the critical path that occur at the same time. Contractor delays that are concurrent with AGENCY delays may be excusable, but are not compensable. Excusable - A delay where the Contractor may be granted an extension of time commensurate with the provisions in Section 6-7, "Time of Completion", of the General Provisions with no entitlement for adjustment in compensation. EARLY COMPLETION TIME — The difference in time between the contract completion date and the current AGENCY accepted scheduled completion date. FLOAT — Ownership — • The differences between the earliest and latest allowable start or finish times for an activity. Float is not for the exclusive use or benefit of the AGENCY, Contractor or Subcontractor(s) but is an expiring resource available to both the Contractor and the Owner on a non-discriminatory basis. Float shall be used by either party, as needed to meet contract milestones and contract completion dates. • Delays or disruptions shall not be the basis for a time extension to this Contract unless; such delays or disruptions cause the end date of the Work to exceed the current contract completion date and are within the control of and the fault or negligence of the Owner. • Contract time extensions, for Contract performance, will be granted only to the extent that delays or disruptions, to controlling activities, exceed the total float along the paths of the current schedule in effect at the time of delay or disruption. • The use of any network technique solely for the purpose of suppressing float shall be cause for rejection of any schedule submittal. • The Subcontractor shall not incorporate artificial float and / or date constraints on any activities other than the contractual milestones. Free Float — The amount of time an activity can be delayed before delaying a subsequent activity. Total Float — The amount of time that an activity or chain of activities can be delayed before extending the scheduled completion date. FRAGNET- A section or a fragment of the network diagram comprised of a group of activities that provides sufficient level of detail supporting either a delay or of a proposed recovery. MILESTONE — An event activity that has zero duration and is typically used to represent the beginning or end of a major portion of work category, interface or turnover of work of a project. NARRATIVE REPORT — A report that identifies; • Planned vs. Actual physical percent complete of the work. • Potential problem areas. • Current and anticipated delaying factors and their impact. • Activities actual start and finish dates. • Proposed changes in schedule logic of controlling activities, their expansion or contraction of activity durations and addition or deletion of activities. • Explanation for changes in the critical path, scheduled completion date. • Out -of- sequence work and any other topics related to job progress or scheduling. NEAR CRITICAL PATH — A chain of activities with total float exceeding that of the critical path but having no more than 10 working days of total float. REMAINING DURATION — From the progress data date — the contractor's estimated remaining amount of time required to complete an activity. SCHEDULE OF VALUES — A detailed breakdown of a lump sum item(s) required for determining related work and its associated cost. SCHEDULE REVISION — A change in the future portion of the schedule that modifies logic; alters construction sequences such as performing sequential activities concurrently or concurrent activities sequentially; adds or deletes activities or significantly alters activity duration's as determined or accepted by the Engineer as either a recovery schedule or revised contract completion date as a result of an approved change order allowing a time extension. SCHEDULED COMPLETION DATE — The planned project finish date shown on the current accepted schedule. TIME IMPACT ANALYSIS (TIA) — A schedule fragnet and narrative report developed specifically to demonstrate what effect a proposed change, delay or other event has on the current schedule completion date. TWO WEEK "LOOK AHEAD" SCHEDULE— A two week look ahead schedule developed from the most current schedule update which outlines future project activities, deliverables, and planned milestones occurring within the upcoming two week period. This schedule should include one previous workweek. UPDATE SCHEDULE — A current schedule developed from the baseline or subsequent schedule through regular monthly review to incorporate "as -built" progress to date by activity, planned changes and approved time adjustments. 6-1.4 Baseline Schedule. The baseline schedule will reflect the scope of work identified in the specifications, including the bid item descriptions and costs as well as for all levels of detail as approved in the schedule of values. The work shall be executed in the sequence indicated in the accepted baseline schedule and subsequent accepted updates and revisions. The baseline schedule activities shall not contain any actual dates or percent completes. The use of the ordinal calendar is acceptable until the actual notice -to -proceed date is established, and then the calendar can be switched to the monthly calendar. The degree of detail in the baseline schedule shall include factors to the satisfaction of the Engineer, including, but not limited to: 1. Contract start and finish milestones. 2. Activity durations will not exceed 10 working days. 3. Activities associated with each specification submittal (Develop, Review/Approve and if necessary, Re - Develop, Re-Review/Approve) will be kept (grouped) together in the schedule by coding. The duration for the AGENCY'S "Review/Approval" of submittals will be 20 working days. 4. (Level 1) "Work Category" descriptions will be utilized to support the grouping of activities, for the station construction effort. (Reference Code Table) Examples of "Work Categories" are: • Mobilization • Site Prep • Lift Station Structure • Mechanical • Piping • Demolition - Existing Lift Stations. 5. (Level 2) "Work Type" descriptions will be utilized to support "Work Category" groupings. (Reference Code Table). Examples of "Work Type" are: • Sump System • Lift Pumps & Appurtenant Piping System • Lighting System • HVAC System • Force Main System • Generator System 6. (Level 3) Activities that will support the "Work Type" groupings for the station construction will be defined from the activities listed in the schedule of values. (Reference Specification Section 9-2) 7. Baseline schedule activities will not contain actual start or finish dates as well as percent completes. 8. For all manufactured items, a shop drawing and fabrication schedule shall be required by the contractor from the manufacturer and incorporated in the Baseline schedule. The manufacturer's schedule shall be updated two times per month or as required by the Owner such that the contractor's project schedule updates will reflect the latest status of manufactured equipment. Delivery activities of equipment will be reflected separately in the schedule. 9. "Punch list and Final Cleanup" activity. Activity coding conventions shall include the following: SAMPLE CODE TABLE Description Code Description of Code Value Code Description of Value CAT Work Category LS Lift Station ME Mechanical Systems TYPE Work Type SS Sump System LP Lift Pump MILE Milestone MS Milestone FAB Fabricate PMP Pumps GEN Generator SUBM Submittal 01 - 99 Submittal RESP Responsibility CONT Contractor AGENCY Agency SUB Subcontractor's UTIL Utility Company's Early completion time shall be considered a resource for the exclusive use of the Contractor. The Contractor may increase early completion time by increasing production or reallocating resources to be more efficient or by proposing, and the AGENCY accepting, contract change orders that result in significant Contractor development and investment or from an appropriate share of an accepted Cost Reduction Incentive Proposal. 6-1.5 Schedule Updates. 1. Twice each month, or as specified by the AGENCY, the Contractor shall meet with the Public Works Inspector and Engineer to review/approve contract progress prior to updating the schedule (as a minimum - actual starts, finishes, percent completes and remaining durations). 2. The data date, for progress cut-offs, will be determined and approved by the Engineer at the Pre - Construction Conference. The Contractor will submit, to the Engineer, an update of the project schedule that reflects the approved progress — previously agreed to between the Contractor and Public Works Inspector. 3. Remaining duration of an activity shall be calculated by the contractor and not by the reported percent complete — a default calculation made by a Primavera auto -cost rule when remaining duration and reported percent complete are linked. That default setting must be de -activated (box not checked) prior to the initial schedule update. 4. The baseline schedule or most currently approved target schedule will be shown with each of the current schedule updates. 5. The Contractor will submit, each week, a two -week "look ahead" schedule of the work to be completed. 6. Rejected schedule updates will be re -submitted within 2 days, at which time a new review period of 2 days will begin. 6-1.6 Schedule Revisions. 1. Schedule revisions will be considered when: a. Requested by the Engineer or AGENCY. b. Contractor or the Engineer believes that an approved or anticipated change order will impact the critical, near critical path, contract progress or completion date. c. There is a significant change in the Contractor's operations that affects the critical or near critical path(s). d. The schedule variance between planned vs. actual progress to date, of the updated CPM schedule, indicates that it is 10 days or more behind the current accepted schedule. 2. If a schedule revision meets one of the above criteria: a. Contractor shall request a revision in writing with specific detail, within 5 days of a delay, and; b. Contractor shall submit, for review, a Time Impact Analysis (TIA), that consists of the following: 1. Affected activities in the schedule, including impact(s) on the entire project. 2. A schedule update (fragnet), with the current data date, to reflect the project condition just prior to and including the requested change. 3. Contractor shall submit, within 10 days of approval, a revised CPM network for final approval. 3. The Engineer will acceptor reject a TIA within 5 days after receipt of the analysis. 4. The difference between the scheduled completion dates of the last approved schedule update and the, agreed to, TIA schedule shall be equal to the approved adjustment in time. 5. The Contractor may give Notice Of Potential Claim (NOPC), if both parties cannot reach agreement. 6-1.6.1 Events That May Trigger a Schedule Revision. 6-1.6.1.1 AGENCY Request. These events can translate into project delays, which by contract, allows the contractor to be compensated. A change order may be issued to cover, either or both, time and money. • Site access delay(s) • Changed condition(s) • Utility interference(s) • Late submittal review(s) • Design change(s) (errors / omissions) 6-1.6.1.2 Contractor Request. These events can translate into project delays, which, by contract, are the contractors' responsibility to mitigate with a recovery schedule, or may be faced with liquidated damages. • Labor Problems • Material Delays • Equipment Breakdowns • Administrative Requirements (late submittals, permits etc) 6-1.6.2 Schedule Revision Process. The schedule revision process that addresses incorporating change order(s) into the schedule are as follows: 6-1.6.2.1 Change Order Process. 1. For each change order, the new work, that is a change to the latest approved scope of work, is identified. 2. The contractor provides a cost estimate, if required, for performing the new work for each change order. 3. The contractor provides the amount of time required, if any, to perform the new work for each change order. 4. If the change order will impact the Critical Path, the contractor shall submit a revised construction schedule showing the impact of the change order on the overall project schedule. 6-1.6.2.2 Time Impact Analysis (TIA). 1. The contractor performs a TIA for each change order, separately, that exposes the effects of that change order work on the project schedule. 2. The contractor submits, for review and approval, the TIA schedule for each change order proposed for the project schedule. 3. Owner approves/rejects the schedule TIA for each change order. 6-1.6.2.3 Schedule Revision. 1. Contractor submits a revised schedule reflecting the approved time impact. 2. This becomes the new baseline, when approved, for tracking the contractor's work performance. 6-1.7 Reports. 6-1.7.1 Narrative Report. This report will be submitted with each schedule update and organized by: 1. Contractor's transmittal number. 2. Contract completion date status (Early? /Late?) • Ahead / Behind schedule and number of days • If date changes, explain the cause 3. Work completed during the period 4. Identification of any unusual resources: manpower, material, or equipment restrictions or use, including multiple shifts, six day work weeks, specified overtime, or work at times other than regular days or hours. 5. Description of the current critical path. 6. Changes to the critical path since the last schedule submittal. 7. Description of problem areas. 8. Current and anticipated delays: • Cause of the delay. • Impact of the delay on activities, milestones and completion dates. • Corrective action and schedule adjustments to correct the delay. 9. Pending items and status thereof: • Permits • Equipment deliveries r • Change orders • Time adjustments • Non-compliance notices 6-1.7.2 Bar Charts. • Baseline Schedule — Once approved, the Engineer will finalize the desired format and the Contractor will provide 2 plotted copies (36"x42") to the AGENCY. • Schedule Updates — Once the baseline schedule is approved, the Contractor will provide 2 copies of the updated schedule in the same format and size as that of the baseline. (11 "x 17") 6-1.7.3 Other Reports. The AGENCY may use aforementioned electronic date to generate the majority of reports not covered above. The Engineer may request, from time to time, other reports. 6-1.8 As -Built Schedule. The Contractor shall submit an As -Built Schedule covering Work performed under this contract within 10 calendar days after final completion. The As -Built Schedule shall be certified by the Construction Manager as being the manner in which the contract was executed. This submittal shall be a condition precedent to the release of retention money at the end of the project. This is to acknowledge receipt and review of Addendum Number Three, dated May 17, 2018. G MC Em nevi y1,,:;i J rn e . Company Namel Dsr I w Date By C7►P-Yt'naA Gr1U i i k All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER FOUR For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 21, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 8.3%. For the Federal Trainee Program, the number of trainees required is 1. 2. PROJECT BID SCHEDULE A [Replace with attached] This is to acknowledge receipt and review of Addendum Number Four, dated May 21, 2018. McJ E.nw'-nep -IL4 , Inc. Company Name O -,-) I2 Dates By G"yjaA,Ur,� fNk All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 F Itemf x E P" at ^� e�#'I"�"'- '- s.,y:a"Y g 4'y+s.,r` "*'yme E " w Descri3 hon P" tl, d r«* tap d li' "S.d. St�`*S may,. oanti �„ UM ,`!4E �a.t'n 'n•� („ ".'rUmt£Cost a +T, .:ap^. Total=Cost il`z.F, ' t .r .i3� .rrc:6S $$ p;� s "�'i �"PF s—' a Lh=^a'.: } i'b extension), , f yy 44i 1�.3 m! H ¢�Fp� ;.r�c 0.'::L.:':'d2•Xt4b. �§+s,s `"oat�k2#ru "s,- "�v2 a%?� .&INN"+ F 1 Mobilization 1 LS $,mo MIC) $ '?00 2 Prepare Traffic Control Plan 1 LS 3 Furnish Project Traffic Control 1 LS $ , 4 Prepare Project Specific SWPPP to address Construction $ $" BMPs. 1 LS 5 Furnish, Install and Maintain Construction BMP's 1 LS ,.^ $ /J7% $ 6 Furnish, Install and Maintain 8' High Temporary Acoustic Barrier Demolition Plan 1 LS $ 2�,� $ per T 7 Demolition, Clearing & Grubbing (Including Disposal) 1 LS $ %t%SZ� $ 8 Unclassified Excavation 3,000 CY $ 9 Soil Excavation 300 CY $ 30. $ 10 Cold Mill Existing A.0 to a Variable Depth (0.50' max.) 53,600 SF - , $dZ 11 Sawcut, Remove Existing, and Construct 0.71' Fiber Reinforced B-PG-70-10 A.C. Base Course 1,300 TN $ �O $ 12 Construct Fiber Reinforced B-PG-70-10 A.C. Base Course to Variable Depth Plans 1,040 $ ?o $/ 3 a (0.1T-0.33') per TN 13 Construct 0.17' Fiber Reinforced ARHM Overlay 930 TN $ 11� $ le)7 4 PLD: 14 Adjust City Sewer Manhole to Grade 2 EA $125C% $ z-91)- 15 Adjust Storm Drain Manhole to Grade 1 EA $ LS7"/ $ /ZS 16 Replace Water Valve Box Assembly and Adjust to Grade 13 EA $ �� $ 17 Construct 4" Domestic Water Service and Meter per Water Service Relocation Plan 1 $ yp ppo $ �i Poo LS 7 18 Construct 6" Fire Service per Water Service Relocation Plan 1 LS $ ,35�000 $ psi 000 19 Construct New Fire Hydrant Assembly per Water Service Relocation Plan 2 $131 S Ems' $ 3 1 EA 20 Relocate Gas Service per Gas Service Relocation Plan 1 LS $., $ /==— 21 Furnish and Install Street Light and Appurtenances per Street 6 $� �/ $ / Lighting Plan (Sheet 36) EA 22 Construct Traffic Signal and all Appurtenances 1 LS $ To 000 $ 23 Furnish and Install New Detector Loops 24 EA $ Z.-o ` $ 000 C-2.1 ADDENDUM 4 wC (:�;c SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 Item 3 Quantity ITnit : Unrt Cost u Tota Cost No r�11: e(Egtension) 3r,, 24 Construct Retaining/Screen Block Wall with Subdrain System Specifications) 520 (See LF 25 Construct 8" Curb & Gutter 530 LF 26 Construct 4" PCC Sidewalk 2,650 SF $ a-- $ 14�pZ�yS� 27 Construct Commercial Driveway Approach 840 SF $ $ J- ,C/0 v 28 Construct Residential Driveway Approach 220 SF $ �- `� $ l '!�5� 29 Construct Curb Access Ramp 3 EA $OV $ 30 Construct PCC Spandrel 275 SF 31 Construct Parkway Drain 32 LF 32 Construct 4' High (Max) Retaining Wall (Option 2) 8 LF4 33 Construct 6' High Screen Block Wall (Option 1) 34 LF 34 Construct Chain Link Pedestrian and Drive Gate with Knox 110 $ $ Box LF 35 Remove Existing and Construct Wooden Fence Extension to Match 1 3 LS Perpetuate Existing Point of Control, Construct Survey 36 Monument Well per City Std Plan 219, Prepare and File 9 77 SM*D $ Corner Record 3 EA , 7i 37 Restore Off -site Survey Monumentation, Prepare and File 10 Corner Record (Pre- and/or Post -Construction) EA Restore On -site Survey Monumentation established by Tract 38 Map 17397, Prepare and File Corner Record (locations to be 34 determined by Engineer) EA 39 Remove and Construct New On -Site Domestic Water System 1 LS 40 Remove and Construct New On -Site Fire Water System 1 LS $ J $ alt?, V 41 Remove and Construct New On -Site Electrical System 1 LS $/,% $; 42 Remove and Construct New On -Site Gas System 1 LS 43 Remove and Construct New On -Site Sewer System 1 LS 44 Construct On -Site Fill Slope (2:1 Max) 250 CY $ '�<<0p, SV 45 Construct 6" PCC Curb 320 LF 46 Construct 24" Wide PCC V-Gutter 700 LF $ , $ G /T C-2.2 ADDENDUM 4 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 Item 5i":3e�#rE�"`4 No ,... ,r`.� ny P_j h4,:.. Descri` ttvn n , a { j�,77 qi<j} '. 'y{ cW 2`',!P '�s"G`k�k".f45S $.k `t'.7e $¢if�'eFr `h3a s -��w.a e s.�.., . d+s��= � a '�"'�.a -�•L� :.=.8„i::.�.�.. �::.xi," x n ua ti iy}$,± f; _PY .<, �.. l � Pit r ?" g" �46 'J Uni os,a i�;jq z' # �'Es:` Totalr a ' �I't m, �{ xtens �I 47 Construct 2" A.C. over 95% Compacted Subgrade 6 TN $ $ 48 Construct 6" A.0 Pavement over 95% Compacted Subgrade 475 TN i $ $ 49 Furnish and Install 2" Thick Decomposed Granite 60 CY $ $ 50 Construct Trash Enclosure 2 EA $ $ ?2 0>0 51 Construct Irrigation System and Appurtenances per Irrigation Plan 1 LS y� $ f"� Igo $ I`'°v 52 Furnish and Install Trees per Landscape Plan 48 EA ss } $ � 0� 53 Furnish and Install Planting Materials per Landscape Plan 11,370 SF $ 2 _ 3-C) $ 2�; %_V/ 54 90-Day Plant Establishment and 1-Year Landscape Maintenance 1 LS $ $ 55 Construct Engineered Fill for Street Widening 2,000 CY $/0`S0 $ 56 Remove and Construct New On -Site Telecommunications System 1 LS $ r� 1 $ f� 57 Furnish and Install Signing and Striping per Signing and Striping Plan 1 LS $ $ 58 Furnish and Install Signing and Striping for On -site Fire Lane 1 LS $ Z Zv $ L q, TOTAL BID AMOUNT — SCHEDULE A (BASIS OF AWARD) $? ` cl r o/73, S 10 TOyTA��L BID AMOUNT IN WORDS: (Basis ofy�Award) 6 ,pe_t1 A_ 't'CeA44 'I-60'e - 'o4_s Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-2.3 ADDENDUM 4 SECTION C PROJECT BID SCHEDULE B ATLANTA AVENUE WIDENING, CC 1319 ADDITIVE ALTERNATIVE 1 Traffic Control Plan 1 LS I $ ` 5 00 $ 'T� S00 2 Furnish Project Traffic Control 1 LS $ $ l�j7 3 Project Specific SWPPP to address Construction BMP'S. 1 LS $5P-0 $ Z? Sao 4 Install and Maintain Construction BMP'S per Approved SWPPP 1 LS $ �is " $i -00 5 Cold Mill Existing A.C. to a Min. Depth of 0.17' 13,300 SF $ t'r! $ 3/ 6 Cold Mill Existing A.C. Pavement Section to a Min. Depth of 0.33' 3,300 $ �' 2 ��jj ✓ $ SF ,r 7 Construct 0.17' Fiber Reinforced Asphalt Rubber Hot Mix 255 $_ rr $ (AHRM) Wet Process Overlay. TN J 8 Install New Detector Loops 1 LS $ �o0c $ 9 Prepare Corner Record (Pre and/or Post Construction) for Survey 1 $ iyt%! $ Monumentation LS 10 $ $ 11 $ $ TOTAL BID AMOUNT — SCHEDULE B ADDITIVE ALTERNATIVE $ y�� 0,, TOTAL BID AMOUNT IN WORDS: i / Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-2.4 �C LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Items) Subcontractor License Number Amount Contract Number - Starlight Surveying, Inc. 17955 Sky Park Circle, Suite F Irvine, CA 92614 / 'P (949) 757-0613� Lic # LS 5848 DIR # 1000014874 Survey CALIFORNIA PROFESSIONAL ENGINEERING, INC. 929 Otterbein Avenue, Unit E 2 L_t0 v (f La Puente, CA 91748 626-810-1338 fax 626-810-1322 Lic. 793907 DIR # 1000001980 MARTINEZ CONCRETE; INC. 920 West Foothill Blvd. �S- �f Azuza, CA 91702 626-334-2979 N71tZ Vr- 1')C>C�00 (O�Leu t Lic. # 394471 C8 CON(A : i7: FLA'rwoah Buena Vista Landscape L� J I� J " t 1472 Harding St. Orange, CA 92867 (714) 771-2563 DIR# 1000004770 LIC. # 674472 C27 DBE # 35257 Landscape / Irrigation 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 or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number ®� Z'/1 3 Z 1 THE PATTERSON COMPANY P.O. Box 4158 /� Z r 33 '0 Orange, CA 92863-4158 (s �Y � �11' 714-282-7292 Lic. # 398409 C29 Masonry Contractor's Registration # 1000004398 B C 'TRAFFIC SPECIALIST 638 W. Southern Avenue Orange, CA 92865 714-974-1190 9J��1'lv�t'OIIS� �— Lic. 9 877686 Signing & Striping Cousyn Grading & Demolition, Inc. 17195 Newhope St., #203 —� Fountain Valley, CA 92708 (714) 557-1566 LIC#:289755 DIR:1000056245 MIKE PRLICH & SONS, INC. j�E��"�� 5103 Elton Street Baldwin Park, CA 91706 626-813-1700 Lic. # A760474 General Engineering „i 37, Vf Contractor's Registration #1000006538 J' MACADEE ELECTRICAL 4755 Lanier Road Chino Hills, CA 91710 j 0_! 909-627-1336 Lic. # 583125 El 2ctrical Contractor's Registration # 1000002174 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5 2-� s , at Cus'hr CA Date City State Gna&A being first duly sworn, deposes and says that he or she is --?Y eSi can of Gmt, t+n0i%ne-CMrca . In C . 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. GMG Lhai,neeNi,�a,lnc Name of Bidder N I &AZ Signature of Bidder Iyo\ ybwey CA 2 �a Address of Bidder 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 ATLANTA AVENUE WIDENING, (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./amiliar 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: Contractor By G"),n-,aj Tyfssk dunk Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �2 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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: j 23 119 -- C-1Me Erma Y- eew�L,'Q, lnc. Contractor rvl� By Ge-inrQ'"J '�vesic�n�� Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Gmc, F—Y1A\Y,,e-CM r\00Ylc Bidder Name k yD\ WWYrx P ?- , 53,e • 5 Business Address 1515-1Y1 CA 2 �b City, State Zip Telephone Number Email Address 3�10 °� \ A, State Contractor's License No. and Class Original Date Issued o$ t a>\ I \ C� Expiration Date The work site was inspected by Cneinna�q GhijAni k of our office on , 2011. The following are persons, firms, and corporations having a principal interest in this proposal: GM EY1Gtiftsw . lY1c. ,f 1yc�\ V�lacvne.� Pole S . %nadir C�r�nik- `�resi�em� 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. CompanyNam�6 Signature of Bidder Printed or Typed Signature C-8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 23rd day of May , 2018 , by Gennady Chizhik proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. _.._ MEGAN FEATHERSTON } Notary Public - California s z OrangN Count} z Commission # 2182170 My Comm. Expires Feb 3, 2021 ,//, " `. (Seal) Signature` Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of- way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 2 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST lities (OWNER I 60751Kimbalnland llAvenue,mpire Chino, CAc91708 I CONTACT Liza Munoz PHONE (909) 993-1522 DESCRIPTION El Prado Road Street Improvements CONTRACTAMOUNT $ 907,000.00 OWNER 200 S. Anaheim Boulvevard, Anaheim, CA 92807 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Anaheim Canyon Metrolink Pedestrian Improvements (Phase 3) CONTRACTAMOUNT $ 1,368,813.80 OUR JOB # 250-13 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Katella Avenue / State College Boulevard Improvements CONTRACT AMOUNT $ 7,174,152.61 OUR JOB # 233-11 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Anaheim Canyon Metrolink Pedestrian Improvements (Phase 1) CONTRACT AMOUNT $ 2,514,473.15 OUR JOB # 232-11 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Convention Way ('Transit Plaza") Street Improvement Project CONTRACTAMOUNT $ 1,988,853.50 OUR JOB # 221-09 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Kraemer Bvld. And La Palma Ave. Intersection Improvements CONTRACT AMOUNT $ 1,713,000.00 OUR JOB # 209-07 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION Harbor Blvd. Roadway and Parkway Imrpovements CONTRACTAMOUNT $ 331,785.56 OUR JOB # 206-06 CONTACT Robert Luciano PHONE (714) 765-5286 DESCRIPTION State College Median & Landscape Improvements CONTRACT AMOUNT $ 1,687,843.50 1401 Warner Avenue, Suite B, Tustin, California 92780 e (714) 247-1040 ® Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B OUR JOB # 202-06 CONTACT Dan DeBassio PHONE (714) 765-6845 DESCRIPTION Lincoln Avenue Street Improvements CONTRACT AMOUNT $ 1,678,026.00 OUR JOB # 203-06 CONTACT Dan DeBassio PHONE (714) 765-6845 DESCRIPTION Harbor Blvd. / Ball Road Intersection Improvements CONTRACT AMOUNT $ 394,010.00 OWNER CONTACT PHONE DESCRIPTION CONTRACT AMOUNT 240 W. Hu CA 91007 Kevin Merrill (626) 574-5481 Huntington Drive Capacity Improvement Project Phase 2 $ 545, 303.10 OWNER One Civic Center Circle, Brea, CA 92621 OUR JOB # 261-15 CONTACT Raul Lising PHONE (714) 671-4450 DESCRIPTION The Tracks at Brea, Segment 3, Phase II Trail CONTRACT AMOUNT $ 1,610,098.38 OUR JOB # 254-14 CONTACT Raul Lising PHONE (714) 671-4450 DESCRIPTION Valencia Avenue Median Improvements CONTRACT AMOUNT $ 976,908.75 OUR JOB # 189-05 CONTACT Raul Lising PHONE (714) 671-4450 DESCRIPTION Lambert & Kraemer Intersection Improvements CONTRACT AMOUNT $ 287,506.00 OUR JOB # 173-03 CONTACT Raul Lising PHONE (714) 671-4450 DESCRIPTION State College Blvd. / Lambert Road Intersection Improvements CONTRACT AMOUNT $ 1,220,294.48 1401 Warner Avenue, Suite B, Tustin, California 92780 . (714) 247-1040 ® Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B City of Buena Park OWNER 6650 Beach Blvd., Buena Park, CA 90622 CONTACT Jeffrey Townsend PHONE (714) 562-3680 DESCRIPTION Beach Blvd. Median and Traffic Signal Improvements CONTRACT AMOUNT $ 1,023,226.16 OUR JOB # 269-17 CONTACT Wood Nousome PHONE (714) 562-3678 DESCRIPTION SCE ROW Parking Lot Improvements Next to Medieval Times CONTRACT AMOUNT $ 1,932,831.75 OUR JOB # 270-17 CONTACT Wood Nousome PHONE (714) 562-3678 DESCRIPTION Phase 1 Trail Improvements Edison Corridor CONTRACT AMOUNT $ 1,223,847.80 City of Chino OWNER 1 13220 Central Avenue, Chino, CA 91710 CONTACT Peter Reinheimer PHONE (909) 464-8305 DESCRIPTION Traffic Signal Upgrades - Chino Ave. at Pipeline Ave. CONTRACT AMOUNT $ 164,164.00 OUR JOB # 165-03 CONTACT Peter Reinheimer PHONE (909) 464-8305 DESCRIPTION Mountain Avenue Water Main CONTRACT AMOUNT $ 338,020.04 City of Colton OWNER 650 N. La Cadena Drive, Colton, CA 92324 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION Valley Boulevard Median Improvements CONTRACT AMOUNT $ 351,437.60 OUR JOB # 157-02 CONTACT Amer Jakher PHONE (909) 370-5067 DESCRIPTION Santa Ana River Project Area - Washington Street Medians CONTRACT AMOUNT $ 617,569.71 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 ® Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B City of Corona OWNER 400 S. Vicentia Avenue, Corona, CA 92882 OUR JOB # 265-16 CONTACT Nelson Nelson PHONE (951) 817-5765 DESCRIPTION Foothill Parkway Widening from Teddy Bear Ln to Tamarisk CONTRACT AMOUNT $ 1,837,169.00 OWNER 77 Fair Drive, Costa Mesa, CA 92628 OUR JOB # 242-13 CONTACT Irina Gurovich PHONE (714) 754-5324 DESCRIPTION Wilson Street at Harbor Boulevard Intersection Improvements CONTRACT AMOUNT $ 345,550.50 OUR JOB # 175-04 CONTACT Tom Banks PHONE (714) 754-5029 DESCRIPTION OC Fairgrounds - Newport Boulevard South, Fair to Arlington CONTRACT AMOUNT $ 193,026.47 OWNER 9770 Culver Boulevard, Culver City, CA 90232 OUR JOB # 266-16 CONTACT Mate Gaspar PHONE (310) 253-5602 DESCRIPTION Hetzler Road Pedestrian Trail Improvements CONTRACT AMOUNT $ 1,312,557.62 City of Cypress OWNER 5275 Orange Avenue, Cypress, CA 90603 OUR JOB # 243-13 CONTACT Alvin Papa PHONE (714) 229-6746 DESCRIPTION Katella Avenue / Meridian Drive Intersection Improvements CONTRACT AMOUNT $ 123,100.00 OWNER 33282 Street of the Golden Lantern, Dana Point, CA 92629 OUR JOB # 255-14 CONTACT Matthew Sinacori PHONE (949) 248-3558 DESCRIPTION Pacific Coast Highway / Del Prado Streetscape Improvements Phase 2A CONTRACT AMOUNT $ 6,102,248.49 OUR JOB # 237-12 CONTACT Matthew Sinacori PHONE (949) 248-3558 DESCRIPTION Pacific Coast Highway Median Improvements Phase 3 CONTRACT AMOUNT $ 995,000.00 1401 Warner Avenue, Suite B, Tustin, California 92780 ® (714) 247-1040 ® Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B OWNER 11111 Brookshire Avenue, Downey, CA 90241 OUR JOB # 251-14 CONTACT Desi Gutierrez PHONE (562) 622-3468 DESCRIPTION Firestone Boulevard Improvements CONTRACT AMOUNT $ 1,102,583.83 OUR JOB # 205-06 CONTACT Desi Gutierrez PHONE (562) 622-3468 DESCRIPTION Paramount Boulevard CONTRACT AMOUNT $ 394,771.00 OUR JOB # 162-02 and 162A-02 CONTACT Desi Gutierrez PHONE (562) 622-3468 DESCRIPTION Paramount Gateway Streetscape CONTRACT AMOUNT $ 1,132,265.62 OWNER City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 OUR JOB # 244-13 CONTACT Ron Brunell PHONE (714) 580-9817 DESCRIPTION Central Park Parking Improvements CONTRACT AMOUNT $ 273,947.00 OUR JOB # 218-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION Safe Routes to School - Mesa View Middle School CONTRACT AMOUNT $ 170,000.00 OUR JOB # 215-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION Magnolia Street Sidewalk Improvements CONTRACT AMOUNT $ 437,000.00 OUR JOB # 212-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION Safe Routes to School, Cycle V - Sowers School CONTRACT AMOUNT $ 274,668.00 OUR JOB # 195-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION Underhill Lane Improvements CONTRACT AMOUNT $ 577,577.50 OUR JOB # 190-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION Adams & Brookhurst Intersection Improvements CONTRACT AMOUNT $ 434,974.00 1401 Warner Avenue, Suite B, Tustin, California 92780 0 (714) 247-1040 . Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B City of Laguna Hills OWNER 1 24035 El Toro Road, Laguna Hills, CA 92653 CONTACT PHONE DESCRIPTION CONTRACT AMOUNT Kenneth Rosenfield (949)707-2655 Intersect Wide/Pvmt Resort & Median Impts Molton Pkwy $ 1, 064, 003.60 City of Lake Forest OWNER 25550 Commercentre Drive, Lake Forest, CA 92630 OUR JOB # 235-12 CONTACT Angel Fuertes PHONE (949) 461-3490 DESCRIPTION Rancho Parkway Street Improvements from Hermana Circle to Portola Parkway CONTRACT AMOUNT $ 2,905,962.20 OWNER CONTACT PHONE DESCRIPTION CONTRACT AMOUNT 7822 Walker Street, La Palma, CA 90623 Larry Baldwin Ismile H. Noorbaksh (714)292-2574 (714)690-3310 Median Improvements for La Palma Avenue City of Mission Viejo OWNER 200 Civic Center, Mission Viejo, CA 92691 CONTACT Mark Chagnon PHONE (949) 470-3091 DESCRIPTION Alicia Parkway / Trabuco Canyon Intersection Improvements CONTRACT AMOUNT $ 396,256.58 OUR JOB # 223-10 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION Oso/Marguerite Intersection Improvements CONTRACT AMOUNT $ 5,068,449.95 OUR JOB # 245-13 CONTACT Jerry Hill PHONE (949) 470-3085 DESCRIPTION Mission Viejo Dog Park CONTRACT AMOUNT $ 1,086,888.00 1401 Warner Avenue, Suite B, Tustin, California 92780 ® (714) 247-1040 9 Fax (714) 247-1041 City of Newport Beach OWNER 100 Civic Center Drive, Newport Beach, CA 92660 OUR JOB # 272-18 CONTACT Zachary Gentry PHONE (949) 491-4251 DESCRIPTION Newport Elementary Playfield CONTRACT AMOUNT $ 520,520.00 OUR JOB # 271-17 CONTACT Peter Tauscher PHONE (949) 644-3316 DESCRIPTION Central Ave Plaza Revitalization CONTRACT AMOUNT $ 380,000.00 OUR JOB # 263-16 CONTACT Andy Tran PHONE (949) 644-3315 DESCRIPTION Newport Blvd. Widening from 30th Street to Via Lido CONTRACT AMOUNT $ 4,174,891.08 OUR JOB # 262-15 CONTACT Mike St. Clair PHONE (949) 644-3311 DESCRIPTION 15th Street and Balboa Blvd. Revitalization CONTRACT AMOUNT $ 3,000,375.52 OUR JOB # 253-14 CONTACT Brad Sommers PHONE (949) 644-3326 DESCRIPTION Eastbluff Road / Ford Drive Bike Lane Improvements CONTRACT AMOUNT $ 309,092.24 OUR JOB # 249-13 CONTACT Mike St. Clair PHONE (949) 644-3311 DESCRIPTION West Newport Landscape Project CONTRACT AMOUNT $ 2,247,357.75 OUR JOB # 247-13 CONTACT Fong Tse PHONE (949) 644-3321 DESCRIPTION Bayside Cove Walkway CONTRACT AMOUNT $ 155,978.50 OUR JOB # 246-13 CONTACT Peter Tauscher PHONE (949) 644-3316 DESCRIPTION Bay Avenue West Pavement Rehabilitation CONTRACT AMOUNT $ 1,425,999.37 OUR JOB # 236-12 CONTACT Andy Tran PHONE (949) 644-3315 DESCRIPTION Jamboree Rd. Improvements from Bristol St. N. to Fairchild Rd. CONTRACT AMOUNT $ 1,572,403.42 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 9 Fax (714) 247-1041 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B OUR JOB # 227-10 CONTACT Fong Tse PHONE (949) 644-3321 DESCRIPTION San Miguel Street Improvements CONTRACT AMOUNT $ 1,170,000.00 OUR JOB # 217-08 CONTACT Mike St. Clair PHONE (949) 644-3311 DESCRIPTION Pelican Hill Rd & Newport Coast Dr. Right Turn Improvements CONTRACT AMOUNT $ 318,318.00 OUR JOB # 211-07 CONTACT Andy Tran PHONE (949) 644-3315 DESCRIPTION Superior Avenue Median Improvements CONTRACT AMOUNT $ 634,118.50 OWNER 1 300 E. Chapman Avenue, Orange, CA 92703 CONTACT Alan Truong PHONE (714) 744-5567 DESCRIPTION Main Street Widening and Water Improvements CONTRACT AMOUNT $ 3,200,000.00 City of Riverside OWNER 1 3900 Main Street, Riverside, CA 92522 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION Van Buren Boulevard Median Improvements CONTRACT AMOUNT $ 740,000.15 OUR JOB # 174-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION Central Avenue to Chicago, Alleys, Fairmount from Stron to 60 Fwy CONTRACT AMOUNT $ 330,076.68 City of Torrance 1 OWNER 1 3031 Torrance Boulevard, Torrance, CA 90503 I CONTACT Craig Bilezerian PHONE (310) 618-3054 DESCRIPTION Measure R: N47 Maple Ave. at Sepulveda Blvd 1-111 CONTRACT AMOUNT $ 186,319.00 OUR JOB # 166-03 CONTACT Sandy Cohen PHONE (310) 618-2324 DESCRIPTION Hawthorne Blvd. / Del Amo Blvd. Intersection Improvements CONTRACT AMOUNT $ 336,841.11 1401 Warner Avenue, Suite B, Tustin, California 92780 e (714) 247-1040 9 Fax (714) 247-1041 ER ONTACT HONE ESCRIPTION ONTRACT AMOUNT OWNER CONTACT PHONE DESCRIPTION CONTRACT AMOUNT OUR JOB # CONTACT PHONE DESCRIPTION CONTRACT AMOUNT OWNER CONTACT PHONE DESCRIPTION CONTRACT AMOUNT OUR JOB # CONTACT PHONE DESCRIPTION CONTRACT AMOUNT GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B 1370 N. Benson Alex Qishta (909)931-4272 Foothill Boulevard Medians $ 110, 073.96 4845 Casa Loma Rick Yee (714)961-7171 Street Improvements for Arroyo Way $ 454, 998.85 260-15 Rick Yee (714) 961-7171 Bastanchury Road Widening $ 2,604,610.12 land, CA 91786 Yorba Linda, CA 92885 8200 Westminster Boulevard. Westminster, CA 92683 Jake Ngo (714)898-3311 City Hall North Parking Lot Improvements $ 287,287.00 197-05 Jake Ngo (714)898-3311 Westminster Blvd. Median Improvements from Beach to Edwards $ 2,100,000.00 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 9 Fax (714) 247-1041 + �4 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. LA V p� e Name of proposed Project Manager Telephone No. of proposed Project Manager: ��'-��%►-F �}- �C�4{ Keel A Project Name & Contract Amount Type of Work Date' ompleted �LIV-L_X rda,P Yre sca - vatna Project Name & Contract Amount Type of Work Date C E\ Cako�ivio rZ-ta\ -San G1AYe�,-e- )? I w)i%cy) Warn Vz-201-A- Project Name & Contract Amount Type of Work Date Completed 2. V ill \f, I&aS Name of proposed Superintendent \ Telephone No. of proposed Superintendent: K?►kb -Awe �- NY\AVV- inn 10py :k . 2 m; W On MaA Zo\ 5 Project Name & oC ntract Amount Type of Work Date &mpleted 'P%A, \NSc nwinq- NewDVk kvo s�- 2a\(0 Project Name & Contract A ount Type of Work Da e Completed WWoy \"Wym nr� ks - w\ $ 5 So Project Name & Contract Amount Type of Work See �'�caCk�e� � Date Completed Re: Atlanta Avenue Widening from Huntington Street to Delaware Street City of Huntington Beach, CC No. 1319 CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT Gennady Chizhik — President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently serving as: Estimator, Project Manager, and Field Engineer Oversees all aspects of GMC Engineering, Inc. J. Michael LaVoie — Estimator, Project Manager / Engineer Involved in Construction since 1990 Served as: Laborer, Field Engineer, Estimator, and Project Manager Currently serving as: Project Manager, Estimator, and Field Engineer Ernie Beas — Superintendent Involved in Construction since 1978 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising Art Sanchez — Superintendent Involved in Construction since 1985 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising 1401 Warner Avenue, Suite B, Tustin, California 92780 ® (714) 247-1040 ® Fax (714) 247-1041 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. aW.) Lff.a netvi)N,1YY_. Contractor r AL By�emnad� Ck���n1k Tye's� &?A4 Title Date: � Ii���$ DIR #: �C»OOb-3015_�k C-12 [0 o71] DI 1AI RK OP114 ti 11 [W.-MIRE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall rneet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or tp� 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: V)eCV1YVA,1Y1Q . Contact Person: GCY)Y -Acm Ckhk2 iik - 1PveS`\AinA- Contact Phone: 01-A© 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-13 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder V , proposed subcontractor J, hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless- such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor ✓ , hereby certifies that he has ✓ . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-1 4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor hereby certifies that he has y �'" . ............... has not ,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor` �k , hereby certifies that he has ! . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor U J�, hereby certifies that he has 1 . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor hereby certifies that he has >C^ . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor 18/ L/ , 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 fled with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor T hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor L/ , hereby certifies that he has ✓� . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-1 4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor e hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 PUBLIC CONTRACT C ® D E PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, been convicted has been X has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Ptq GMC, E-Y-WY, m--YL11r 512311E Signature U Print R me GexNna PYeSi&yvk- PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Ll Yes No If the answer is yes, explain the circumstances in the following space. C-15 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. &A Signature Print Name Date C-16 Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of Huntington Beach DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Gen rya �1�1� k ` vC-17 v6aui DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in detennining 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. GCAVaCwA CWk*iV1- C-18 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 1f 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 conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. I GYM 2-3 Signature Pri d Name Ds C-19 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: ❑ a. contract b. grant c. cooperativ�ag d. loan e. loan guarantee f. loan insurance 4. Name and Ai ❑ Prime 2. Status of Federal 3. Report Type: Action: ❑ a. bid/offer/application ❑ initial b. initial award b. material change c. post -award Reporting Entity !Subawardee Tier , if known Congressional District, if kn% 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, MI) For Material Change Only: year quarter date of last report 5. If Reporti Entity in No. 4 is Subawardee, Enter Na a and Address of Prime: Co gressional District, if known deral Program Name/Description: CFDA Number, if applicable Award Amount, if known: 7. 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Contin atio heet(s) if necessary) 12. Amount of Payment (check all that apply 14. Type of Payment (check all that apply) $ ❑ actual ❑ pl tied a. retainer b. one-time fee 13. Form of Payment (check all that ap y): c. commission ❑a. cash d. contingent fee b. in -kind, specify: nature e deferred Value other, specify 15. Brief Description of Services erformed or to be performed and Da (s) of Service, including officer(s), employee(s), or mber(s) contacted, for Payment Indicate in Item 12: (attach Continuation Sheet(s) if necessa 16. Continuation Sheet(s) tached: Yes ❑ No 17. Information requested thro h this form is authorized by Title 31 U.S.C. Section 1 2. This disclosure of lobbying Signature: reliance was placed by t tier above when his transaction was made or entered to. This disclosure is required Print Name: pursuant to 31 U.S. 1352. This information will be reported to Congress emiannually and will be available for public inspection. y person who fails to file the required Title: disclosure shall be ubject to a civil penalty of not less than $10,000 and not rrjbre than $100,000 for each such failure. Telephone No.: Date: _ Authorized for Local' Federal Us Only: Standard Fonn - LLL Distribution: Orig- Local Agency Project Files C-20 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q 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 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. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. 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). 12. 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. 13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. 15. 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. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL- Instructions Rev.06-04 C-21 GENERAL ENGINEERING CONTRACTOR tic. No. 739091 A, B In accordance with Caltrans Exhibit 12-G, completed Caltrans Exhibits 15-G and 15-H will be submitted to the Agency no later than 4:00pm on the 5t" calendar day after bid opening if determined to be the apparent low bidder, 2nd low bidder, or 3rd low bidder. Caltrans Exhibit 17-F will be submitted to the City once final utilization of DBE's on the project has been verified. 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 ® Fax (714) 247-1041 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 1. DISADVANTAGED BUSWESS ENTERPRISES (DBE) Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractors hall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractorshall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractorto carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). - To ensure equal -participation of DBEs -provided -in 49-CFR-26.51 the-Agencyshows a -goal for -DBEs: Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by theCalifomia Unified Certification Program, go to: http://ww w.dot.ca.aov/hq/be2/finm d certified.ht All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company thatperfomns a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and(6). a. DBE Commitment Submittal Submit the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, andthe 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m on the 5th calendar day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Corrrnitment form, submit the completed form within 5 calendar days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form A copy of DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Corrunitment fomn within the specified time, the Agency will find your bid nonresponsive. b. Good Faith Efforts Submittal If you have not niet the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m on the 5th calendar day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency funds that the DBE goal has not been met. Page 2 of 23 January 2018 Local Assistance Procedures Exhibit 12-B Starligr 17955 Irvine, + (949) 7 Lic # L; Survey CALIF( ENGIN 929 Ot La Pue 626-$i Lic. 79 MARTI 920 We Azuza, 626-334 Lic. # 3 Bidder's List of Subcontractors DBIE and NON -DBE Exhibit 12-B Bidder's List of subcontractor (DBE and Non -DBE) Part 1 As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of industrial Relations and certified to bid on Public Works contracts. Please register at: ll�s://efiling.dir.ca.gov/PW'CRIActionSeryIet?action displavPWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following infonnation is required for each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 Hills, CA 91710 MACH 4755 China 909-627-1336 Lic. # 583125 Electrical Contractor's Registration # 1000002174 File 2) Copy-DLAE w/ Award Package Page 1 of 2 January2018 Local Assistance Procedures Exhibit 12-B Buena 1472 H Orang€ {714j 7 LIC. # I Landsc THE Pj P.O. Bc Orange 714-28 Lic. # i Contra( 13 C Tl 638 W. 0rangt 714-97A Lic. # Cousy 17195 Fount:. (714) LIC#: Bidder's List of Subcontractors (DOE and NON -DBE) Exhibit 12-B Bidder's List of subcontractor (DBE and Non -DBE) Part 1 As of March I, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https:l/efiling.dir.ca.t�ov/PWCR/ActiotiSeryict?actioii=displayPWCRegistrat onForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 whichever is greater).__ Photoco this form for additional tunes. heciera{ rro ect tvumoer: Subcontractor Name and Line Item & Description Location Vista Landscape arding St. CA 92$67 71-2563 DIR # 1000004770 j 374472 C27 DBE # ;ape 1 Irrigation �TTERSOFI COMPANY �� 2 ix 4158 % CA 92863-4158 ��-�-7 2-7292 �J� t/ 198409 C29 Ma,_.onry :tor's Registration # 1000004398 City, State: IAF}_IC SPECIALIST [9ntlSei"ti r'�6't'.nklt.' CA 922S6S �77�ftE'P1 t-1190 377686 Signing, & Striping I} n Grading &Demolition, Inc. Newhope 5t., #203 -- ain valley, CA 92708 557-1566 '89755 DIR:1000056245 % PRLICH &SONS, INC.I !J Elton Street' �q Park, CA 9170fi� `� Subcontract Amount Percentage of Bid item Sub- contracted Contractor License Number DBE (YINI DBE Cert Number Annual Gross Receipts DIR Reg Number v Y" �x a'r fi� fas <$ I million ❑ <$5 million ❑ �$14 million <$15 mill' n Age of Firm: yrs. ,'��} } 3 i� �� f b� � �r � � �� y, jr,p{ ',= ? "; � 'w! ❑ <:$1 lnillion <$5 million -1 <$10 million ❑ <$15 million A e of Firm: yrs. � }' r. �: r � :: 0 � � R� ,.;�_-7�„ ❑ <$1 million ❑ <$5 million ❑ <$10 million ❑ <$15 million A ofFirm: yrs. t/� / I t/ .i.�s�d� E i r �*0 . ' i ��� � � �: 'K �� �'' ydt o, u l e$I million c ❑ $5 million ❑ <$ 10 million ❑ <$15 millign Age of Firm: yrs. rc• �i�iiR ter€{� '� �sl�{'� ff M V :. '` "�+E `f �c`:'�.•. "'.,��.y.�.:=: ❑ <${ million ❑ �.$5 million <$10 million F <$15 million Age oi' Firm: rs. J� D�] G , "tee; p�K�,�t. 1 ❑ �$1 million ❑_ _ =$5 million $1{) million t$15 million Age of Firer: rs. DIKE 5103 Baldwin 626-813-1700 Lic. # A760474 General Engineering Contractor's Registration #1000006538 File 2) Copy-DLAE wI Award Package Page I oft January 2018 Local Assistance Procedures Exhibit 12-B Bidder's List of Subcontractors (DBE and NON -DBE) Exhibit I2-B Bidder's List of subcontractor (DBE and Non -DBE) Part 2 In accordance with Title 49, Section 25 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Subcontractor Name and Location trine Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (V/N) DBE Cert Number Annual Grass Receipts DIR Reg Number Name: ✓V GW) 1 q ! 1 :-^ & �$1 � million L 45 million City, Sta . cfG ❑ <$10 million 100(10�0f 2-A < 15 million e o1'F'irm: vrs. Name: T G k City, C1 Star : -� � ��,, l�">%1i Tim I .—. i ,�z. n ��" � Jr /� ( Jy�//�////j {/j 'r [ '' T a s F 4 f, f S ¢� PMVW ❑ <$1 million ❑ E$� million <510 million ! �filC � ❑ E$15 rnlilfo Am of Firn :45 Yrs. Name: `' �Z' "` �% i' fir, ❑ 41 million ❑ 45 million City, State: ❑ <$I0 million ❑ <$15 million Age of Firm: i yrs. Name:" _ s`'' .s ' <$1 million ❑ <$5 million City, State: ❑ <$10 million ❑ c$15 million Age of Firm: _ yrs. Name:'` r n= q' ;F t ❑ <$lmillion ❑ <$5million Cite, State: <$10 million ❑ {$35 million Age of Firm: rs. Name: r aX xa 3 <$1 million <$5 million City, State: ❑_ <$10 million <$15 million Age of Firm rs. Distribution: 1) original -Local Agency File 2) Copy-DLAE wl Award Package Page 2 of 2 January 2018 GENERAL ENGINEERING CONTRACTOR tic. No. 739091 A, B 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 41h of January, 2018, 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 in Tustin, California, on the 411 day of January, 2018; 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 � p , v#j2z- Gennady Chizhik Y ` 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 ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/23/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared . Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MEGAN FEATHERSTON NotaryPublic- California z WITNESS my hand and official seal. Z Orange County > Commission # 2182170 My Comm. Expires Feb 3, 2021 l 1 L Signature V Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: Corporate`_Officer-- Title(s)> — --- - -t Corporate: Off ices--Titl_e(s) Partner — _' Limited - General r: Partner — _� Limited =General Individual -._: Attorney in Fact -: Individual _ Attorney in Fact - Trustee ._: Guardian or Conservator __ Trustee Guardian or Conservator Other: (- Other: Signer Is Representing: ,...._. Signer Is Representing: _ _. ... _.......... _______ »C.'C.!i{,"4,'1.r`:4„4tv{,isf..,"P;(;,:1::Fi:.C.;'R."X'Psi,`�i.%�+`,.:,;.R>„I'y°{,".y'{,`„�3 ©2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT B (Required Contract Provision For All Federal Aid Construction Contracts FHWA 1273) O SFF:17-5732/158097/CalTrans-Federal Contract 6/17 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language EXHIBrr 12-G REQURED FEDERAL -AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal -aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) .......................................... 2 .................... A. DBE COMMITMENT SUBMITTAL..................................................................................2 B. GOOD FAITH EFFORTS SUBMITTAL.............................................................................2 C. EXHIBIT 15-G - CONSTRUCTION CONTRACT DBE COMMITMENT .............. I....................3 D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS.................3 E PERFORMANCE OFDISADVANTAGED BUSINESS ENTERPRISES.....................................4 2. BID OPINING.........................................................................................................................5 3. BID RIGGING..........................................................................................................................5 4. CONTRACT AWARD................................................................................................................5 5. CONTRACTOR LICENSE ..........................................................................................................5 6. CHANGED CONDITIONS..........................................................................................................5 A. DIFFERING SITE CONDITION...........................................................................I............5 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER..................................................5 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK...............................................6 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ..............................6 S. BUY AMERICA........................................................................................................................6 FURNISHSTEEL AND IRO NMATERIALS TOBEINCORPORATED INTO THE W0RKWI`I110ERTIFICATE4OFCOMPLIANCL STEEL. ANDIRON MATIMIAISMUSTBEPRODUCIDINTHEU.S. FCCFXT:............................................................6 9. QUALITY ASSURANCE.............................................................................................................6 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.............................................7 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS....................7 12. FEMALE AND MINORITY GOALS............................................................................................IS 13. TITLE VI ASSURANCE............................................................................................................20 14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT)........................................21 15. FEDERAL TRAINEE PROGRAM................................................................................................22 Page 1 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Under 49 CFR 26.13(b): The contractor, subrecipientor subcontractors hall not discriminate on thebasis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractorto carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such otherremedy as therecipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBFs provided in 49 CFR 26.5, theAgency shows a goal for DBEs. Make work available to DBEs and select work parts consistentwith available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstratethat you made adequategood faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: httl2J/w7�w.dot.ca.eov/hq/bep/find certified.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBFs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer_ • 00 percent counts if the materials or supplies are obtained fiom a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6). a. DBE Commitment Submittal Submit the FAibit 15-G Construction CormractDBECommitment form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no Iater than 4:00 p.m. on the 5th calendar day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 5 calendar days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Connnitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive. b. Good Faith Efforts Submittal If you have notmet theDBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBF goal has not been met. Page 2 of 23 January 2018 Local Assistance Procedures Manual Fxhibit 12-G Required Federal -Aid Contract Language Good faith efforts documentation must in etude the following information and supporting documents, as necessary: 1. Items of work you have made available to DBE finis. Identify those items of work you might otherwise perform with yourown forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, showthe dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent,telephone logs; telephone billing statements,and otherevidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means andprovide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE thatprovided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. A. Name and dateof each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates onwhich they were contacted to provide assistance in contacting. recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the infotnnation provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractoror its affiliate. if such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date assistancewwas provided. Provide copies of supporting documents, as appropriate_ 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. c. Exhibit 1 S-G - Construction ContractDBE Commitment Complete and sign Erfiibit 15-G Construction Contract DBEConvnitnrent included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of DBE's quote serves as written confirmation, If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement,) d. Subcontractor and Disadvantaged Business EnterpriseRecortls Use each DBE subcontraetoras listed on E-diibit 12-B Bidder's Lisi of Subcontractors (DBE and Non -DBE) and Exhibit 15-G COITstrI c1iolrConlract DBE Connnitment form unless you receive authorization for a substitution. The Agency requests the Contractor to: I. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address ofeach 15'-tier subcontractor Page 3 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language • Name and bus ines s address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business mustnotify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Fdribit 17-F Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. e. Performtince ofDisadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the 1-1-4ribit 15-G Constriection Contract DBE Corrnnitinent form, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources ofmaterials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of cxecutnrg the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails orrefuses to perform thework or furnish the listed materials. 5. Listed DBI" s work is unsatisfactory and not in compliance with the contract. 6. Lis ted DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. S. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type ofwork requu-ed. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform thework on the Contract. 11. Agency determines otherdocumentedgoodcause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from you to the DBE regarding the request. 3. Notices from the DBEs to you regarding the request. If a listed DBE is terminated or substituted,you must make good faith efforts to find another DBE to substitute forthe original DBE. The substitute DBF must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. Page 4 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language The substitute DBE must be certified as a DBE at the time of request for substitution Unless the Agency authorizes (1) a request to use otherforces or sources ofmaterials or (2) a good faith effort for a substitution ofa terminated DBE, the Agency does not pay for work listed on the Exhibit 15-0 Construction Contract DBE Commitment form unless it is performed or supplied by the listed DBE or an authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous..The hotline is part ofthe DOT's effort to identify and investigate highway construction contract fraud and abuseandis operatedunder the direction of the DOT Inspector General. 4. CONTRACT AWARD lftheAgency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). 6. CHANGED CONDITIONS a. Differing Site Conditions 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contractor if unknown physical conditions of an unusual nature, differing materially from thos e ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions,and if it is determined that the conditions materially differ and cause an increase or decrease in the costor time required for the performance of any work underthe contract,an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contraetorof the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractorhas provided therequired written notice. 4. No contract adjustment will beallowcd underthis ciausefor any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer If the performance of all or any portion of the work is suspended ordelayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation andlorcontraettime is dueas a result of such suspension or d elay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees thatthe cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor %AU be notified ofthe engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractorhas submitted the request for adjustment within the time prescribed. Page 5 of 23 January 2018 Local Assistance Procedures Manual Fxhibit 12-G Required Federal -Aid Contract Language No contract adjustment will be allowed under this clause to the dent that performance would have been suspended ordelayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. c. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete theproject. Such changes in quantities and alterations shall not invalidate thecontractnor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of thework under the contract, whether such alterations or changes are in themselves significant changes tothe character of thework or by affecting otherwork causesuchotherwork to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractorin such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term "significant change" shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or ® When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of I25 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance ofthe Notice to Proceed. This work shall be diligently prosecuted to completion before the expiration of TEN (10) WORKING DAYS beginning on the fifteenth calendar day after thedate shown on the Notice to Proceed. The Contractor shall pay to the City/County the sum of S perday, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above. S. BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials producedoutsidetheU.S. may be used. Production includes: 1. Processing steel and iron materials, including smelting or other processes thatalterthephysicalform or shape(such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steeland iron materials. 9. QUALITY ASSURANCE The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Page 6 of 23 January 2018 Local Assistance Procedures Manual brhibit 12-G Required Federal -Aid Contract Language You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP. 10. PROMPT PAYMENTOF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from asubcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances ofportions of the contractwork by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractoror subcontractorto thepenalties, sanctions and otherremedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS (r-vluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) [The following 10 pages must be physically inserted into the contract without modification.] REQUIRED CONTRACT PROVISIONS FHWA-1273-- Revised May 1, 2012 FEDERAL -AID CONSTRUCTION CONTRACTS Page 7 of 23 January Z018 Local Assistance Procedures Manual 1. General It. Nondiscrimination Ili. No segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety StandardsAct Provisions VI. SubiettingorAssigning the Contract VI 1. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. ImplementationofCleanAirActand Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements Xi. Certification Regarding Use of Contract Fundsfor Lobbying ATTACHMENTS A. Employment and Mated alsPreference forAppalachian Development Highway System orAppalachian Local Access Road Contracts (included in Appalachian contractsonly) I. GENERAL 1, Form FHWA-1273 must be physically incorporatedin each construction contract funded underTitle 23 (excluding emergency contractssolely intended for debri s removal). The contractor (or subcontractor) must insert thisform in each subcontract and further require itsinclusion in all lowertiersubcontracts (excluding purchase orders, rental agreementsand other agreementsforsuppliesor services). The applicable requiremenisof Form FHWA-1273 are incorporated by reference forwork done underany purchase order, rental agreement or agreement forotherservices The prime contractorshall be responsible forcompliance by any subcontractor, lower-tiersubcontractororservice provider. Form FHWA-1273 must be included in all Federal-aiddesign-build contracts, in all subcontractsand in I ower tier subcontracts (excluding subcontracts fordesign services, purchase orders, rental agreements and otherag reementsforsuppliesorservices). The design -builder Stoll be responsible forcompliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agenciesmay reference Form FHWA-1273 inbid proposal or request forproposal documents, however, the Form FHWA-1273 mustbe physically incorporated (not referenced) in all contracts, subcontracts and lower-tiersubcon tracts (excl u ding purchase orders, rental agreementsand otheragreemenisforsu pplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisionsshal I apply to all workperformed on the contract by the contractorsown organization and with the assistance ofworkers underthecontractors immediatesuperintendenceand to all work performed on the contract by piecework station work or by subcontract.. 3. Abreach ofany ofthe stipulationscontainedintheseRequired Contract Provi si onsmay be sufficient groundsforwithholdirig of progress payments, withhold rig offinal payment, termination of the contract, suspension / debarment orany otheraction determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. During the performanceof thiscontract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federat-aid highway unlessit is tabor performed by convictswho are on parole, supervised release, or probation. Theterm Federal -aid highway does not ind ude roadways functionally classified aslocai roadsornural minorcollectors Exhibit 12-G Required Federal -Aid Contract Language It. NONDISCRIMINATION The provisions ofthi s section relatedto 23 CFR Part 230 are applicable to all Federal -aid construction contractsand to all related construction subcontracts of $10,000 or more. The provisionsof 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts In addition, the contUactorandall subcontractors must comply with the following policies Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USCSection 140, the Rehabilitation Actof 1973, as amended (29 USC 794), Title VI of the Civil RightsActof 1964, as amended, and related regulationsincluding 49 CFR Parts21, 26 and 27: and 23 CFR Pails 200, 230, and 633, The contractor and all subcontractorsmust comply with: the requi rementsof the Equal Opportunity Clause in 41 CFR60-1.4(b)and, for all construction contractsexceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determinecompiiance with Executive Order 11246 and the policiesof the Secretary of Labor including4l CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority andthe responsibility to ensure compliance withTitle 23 USC Section 140, the Rehabilitation Act of 1973, asamended (29 USC 794), and Title VI of the Civil RightsActof 1964, asamended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts200, 230. and 633. The following provision isadopted from 23 CFR 230, Appendix A, with appropriate revisionsto conform to the U.S. Department of Labor (US DOL) and FHWA requirements 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity asset forth under laws, executive orders, rules, regulations(28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and ordersofthe Secretary of Labor as modified bythe provisions prescribed herein, and imposed pursuantto 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards torthe contractor's project activitesunder thiscontracl. The provisionsafthe Americanswith DisabilitiesActof 1990 (42 U.S.C. 12101 et seq.) set forth under28 CFR 35 and 29 CFR 1630 are incorporated by reference in thiscontract. In the execution of this contract, the contractor agreesto comply with the following minimum specific requirement activitiesof EEO: a. The contractorwiII work with the contracting agency and the Federal Government to ensurethat it hasmade everygood faith effortto provide equal opportunity with respect to all of itstermsand conditionsofemploymentand in their review ofactivities under the contract. The contractorwill accept asitso perating policy the following statement: "It is the policy of thisCompany to assure that applicantsare employed, and that employeesare treated duringemployment, without regard to theirrace, religion,sex, color, national origin, age ordisability. Such action shall include: employment, upgrading, demotion, ortransfer, recruitment orrecruitment advertising: layoff or termination; ratesof pay or other forms of compensation; and selection fortrai ping, including apprenticeship, pre -apprenticeship, and/oron-the-jobtraining." FHWA-i273-- Revised May 1, 2012 Page 8 of 23 January 2018 Local Assistance Procedures Manual 2. EEO Officer: The contractor will designate and make known to the contracting officers and FFO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and w ho must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff w ho are authorized to hire, supervise, promote, and discharge employees, or w ho recommend such action, or w ho are substantially involved in such action, w ill be made fully cognizant of and w ill implement, the contractor's EEO policy and contractual responsibilities to provide FFO in each grade and classification of employment. To ens ure that the above agreement w ill be met, the follow ing actions w ill be taken as a rrinimum: a. Periodic meetings of supervisory and personnel office employees w ill be conducted before the start of w ork and then not less often than once every sic months, at w hich time the contractor's EEO policy and its implementation w ill be reviewed and explained, The meetings w ill be conducted by the EEO Officer. b. All new s upervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major as pects of the contractor's FFO obligations within thirty days follow ing their reporting for duty w ith the contractor. c. All personnel w ho are engaged in direct recruitment for the projectw ill be instructed by the 1=0 Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's FFO policy w ill be placed in areas readily accessible to employees, applicants for employment and potential employees. D. The contractor's EEO policy and the procedures to implement such policy w ill 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 w ill 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 minorities and w omen in the area fromw hich the project w ork forcewouid 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 qualdied minorities and women. To meet this requirement, the contractor w ill identify sources of potential minority group employees, and establish w ith such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the systemmeets the contractor's compliance w ith EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or w omen, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. Exhibit 12-G Required Federal -Aid Contract Language c. The contractor w ill encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants w illbe 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, s hall be taken w ithout regard to race, color, religion, sex, national origin, age or disability. The follow ing procedures s hall be followed: a. The contractor w ll conduct periodic inspections of project sties to insurethat working conditions and employee 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 w age practices. c. The contractor will periodically review selected personnel actions in depth to determine w hether there is evidence of discrimination. Where evidence is f ound, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions review ed, s uch corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection w ith its obligations under this contract, w ill attempt to resolve such complaints, and w ill take appropriate corrective action within 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 their avenues of appeal. 6. Training and Promotion: a. The contractorwill assist in locating, qualifying, and increasing the skills of minorities and w omen w ho are applicants for employment or current employees. Such effortsshould beaimed at developing full journey level status employees in the type of trade or job classification involved. Consistent w ith the contractor's workforce 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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive w elf are assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements foreach. d. The contractor will periodically review the training and promotion potential of employees w ho are minorities and w omen and w ill encourage eligible employees to apply for such training and promotion. Page 9 of 23 January 2018 Local Assistance Procedures Manual 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and w omen. Actions by the contractor, either directly or through a contractor's association acting as agent, w ill include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation w ith the unions, joint training programs aimed toward qualifying more minorities and w omen for rrerrbership in the unions and increasing the skills of minorities and w omen so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union w At be contractually bound to refer applicants w Rhout regard to their race, color, religion, sex, national origin, age or disability. 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 w Rhin 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 contracting agency and shall set forth w hat efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow ofreferrals within the tirre limit set forth in the collective bargaining agreement, the contractor ill, through independent recruitment efforts, filltheemployrrent vacancies w Ahoul regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable rninorRies and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor fromihe requirements of this paragraph. In the event the union referral practice prevents the contractorfrommeeting the obligations pursuantto Executive Order 11246, as amended, and these special provisions, such coniractorshallimrtediately notifythe contracting agency. 8. Reasonable AccommodabonforApplicantslEmployees w ith Disabilities: The contractor must be f amiliar w Ah the requirements for and comply w ith the Americans w Rh Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so w ould cause an undue hardship. 9. 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. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor s hall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ens ure subcontractor compliance w Rh their EEO obligations. Fillibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 10. Ass urance Required by 49 CFR 26.13(b): The requirements of 49 CFR Part 26 and the State DOTS U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the aw and and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may res ult in the termination of this contractors uch other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary todocument compliancew ith the EEO requirements. Such records s hall be retained for a period of three years follow ing the date of the final payment to the contractor f or all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agencyand the FHWA. a. The records kept by the contractor shall document the following: (1) The number and w ork hours of minority and non -minority group members and w omen employed in each w ork classification on the project; (2) The progress and efforts being made in cooperation w Rh unions, when applicable, to increase employment opportunities for minorities and w omen; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, w omen, and non - minority group employees currently engaged in each w ork class fication required by the contract work. This information is to be reported on Form F14WA-1391. Thestaffeng data should represent the project w ork force on board in all or any partof the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contraciorwill be required to collect and report training data. The employment data should reflect the workforce on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10.000 or more. The contractor mist ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot res ult. The contractor may neither require such segregated use by w ritten or oral policies nor tolerate such use by employee custom The contractor's obligation extends f urther to ensure that its employees are not assigned to performtheir services at any location, underthe contractor's control, where the facilities are segregated. Theterm "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, w ashrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or s ingle-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. Page 10 of 23 January 2018 Local Assistance Procedures Manual IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardlessof subcontract size). Therequirements apply to all projects located w thin the right-of-way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The follow ing provisions are fromthe U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" w th minor revisions to conformto the FHMA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of thew ork, will be paid unconditionally and not less often than once a week, and w ithout subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benef its (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor w hich is attached hereto and made a part hereof, regardless of any contractual relationship w hich maybe alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Acton behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs w hich coverthe particularweekiy period, are deemed to be constructively made or incurred during such w eekty period. Such laborers and mechanics shall be paid the appropriate w age rate and fringe benefits on the w age determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing w ork in more than one classification may be compens ated at the rate s pecified for each classification for the time actually w orked therein: Provided, That the employer's pay roll records accurately set forth the time spent in each classification in w hich work is performed. The w age determination (including any additional classification and w age rates conformed under paragraph 1 _b. of this section) and the Davis -Bacon poster (VV-1321) shall be posted of all times by the contractor and is subcontractors at the site of the w ork in a prominent and accessible place w here it can be easily seen by the w orkers. b. (1) The contracting officers hall require that any class of laborers or mechanics, including helpers, w hich is not listed in the w age determination and w hich is to be employed under the contract shall be classified in conformancewth thew age determination. The contracting officers hall approve an additional classification and w age rate and f ringe benefits therefore only w hen the following criteria have been met: Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 () The w orkto be performed by the classification requested is not performed by a classification in the w age determination; and (ii) The classification is utilized in the area by the construction industry; and (ii) The proposed w age rate, including any bona fide fringe benefits, bears a reasonable relationship to the w age rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (If know n), or their representatives, and the contracting officer agree on the classification and w age rate (including the amount designated for f ringe benefits where appropriate), a report of the action taken shall be sent by the contracting officerto the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, w ill 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. (3) In the event the contractor, the laborers or mechanics to be employed in the class if !cation or their representatives, and the contracting officerdo not agree on the proposed classification and w age rate (including the amount designated f or f ringe benefits, w here appropriate), the contracting officer s hall refer the questions, including the view s of all interested parties and the recommendation of the contracting officer, to the Wage and 1-but Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officeror will notify the contracting officer within the 30-day period that additional time is necessary. (4) The w age rate ( including f ringe benef its w here appropriate) determined pursuant to paragraphs 1.6.(2) or 1.b.(3) of this section, s hall be paid to all w orkers performing w ork in the class rfication under this contract f rom the f irst day on w hich work is performed in the classification. c.Whenever the rrnnimum w age rate prescribed in the contract f or a class of laborers or mechanics includes a fringe benef tw hich is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in thew age determination or shall pay another bona f ide fringe benefit or a n hourly cas h equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the w ages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under plan or program, Provided, That the Secretary of Labor has found, upon the w mien request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may requke the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 11 of 23 January 2018 Local Assistance Procedures Manual 2. Withholding The contracting agency shall upon its own action or upon w ritten request of an authorized representative of the Department of Labor, w ithhold or causeto be w ithhekl fromthe contractor under this contract, or any other Federal contract w Ah the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing w age requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of w ages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or w orking on the site of the w ork, all or part of the w ages required by the contract, the contracting agency may, afterw ritten notice to the contractor, take such action as may be necessaryto cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of thew ork and preserved for a period of threeyears thereafter for all laborers and mechanics w orking at the s ite of thew ork_ Such records shall contain the name, address, and social security number of each such w orker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cas h eq uivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and w eekly number of hours w orked, deductions made and actual w ages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the w ages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractors hall maintain records w hich show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in w riling to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain w ritten evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract ork is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29CFR 5.5(a)(3)O, except that full social securitynumbers and home addresses shall notbe included on w eekly transmittals. Instead the payrolls shall only need to include an individually identifying number foreach employee (e.g. , the last fourdigits of the employee's social security number). The required weekly payrot information may be submitted in any form desired. Optional Form WFF-347 is available for this purpose fromthe Wage and Hour Division Web site at http://www.dol.gov/esa/vvhd/fomisAmh347instr.htmor its successor site. The prime contractor is responsibleforthe submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and Exhibit 12-G Required Federal -Aid Contract Language FF WA-1273 -- Revised May 1, 2012 current address of each covered worker, and shall provide them upon request to the contracting agency for transmiss ion to the State DOT, the FMNA orthe Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance w Ith prevailing w age requirements. It is not a violation of this section for a prime contractor to require a subcontractorto provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent w ho pays or supervises the payment of the persons employed under the contract and s hall certify the follow ing: (i) That the payrollfor the payroll period contains the information required to be provided under§5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly w ages earned, w Ahout rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly fromthe full w ages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (ii) That each laborer or mechanic has been paid not less than the applicable w age rates and fringe benefits or cas h equivalents for the classification of work performed, as specified in the applicable w age determination incorporated into the contract. (3) The w eekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 s hall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.1b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractorto civil or criminal prosecution under section 1001 of the 18 and section 231 of title 31 of the United States Code. The contractor or subcontractors hall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during w orking hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FFWA may, afterw ritten notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make s uch records available may be grounds for debarment action pursuant to 29 CFR 5.12. Page 12 of 23 January 2018 Local Assistance Procedures Manual 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices wilt be permitted to w ork at less than the predetermined rate for the w orkthey performed w hen they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or w ith a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, w ho is not individually registered in the program, but w ho has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (w here appropriate) to be eligible for probationary employment as an apprentice. The allow able ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire w orkforce under the registered program. Any w orker listed on a payroll at an apprentice w age rate, w ho is not registered or otherw ise employed as stated above, shall be paid not less than the applicable w age rate on the w age determination forthe classification ofwork actually pert ormed.In addition, any apprentice performing w ork on the job she in excess of the ratio permitted under the registered program shall be paid not less than the applicable w age rate on the w age determination for the w ork actually performed. Where a contractor is performing construction on a project in a locality other than that in w hich its program is registered, the ratios and wage rates (expressed in percentages of thejourneyman's hourly rate) specified lothe contractor's or subcontractor's registered programs hall be observed. Every apprentice must be paid at not less than the rate specified in the registered programf or the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordancewith the provisions of the apprenticeship program. If the apprenticeship programdoes not specify fringe benefits, apprentices must be paid the full amount of f ringe benefits fisted on the w age determination for the applicable classification. If the Administrator determines that a dmfferent practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, f3r&yer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for thew ork performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees w ill not be permitted to w ork at less than the predetermined rate for the w ork performed unless they are employed pursuantto and individually registered in a program w hich has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Exhibit 12-G Required Federal -Aid Contract Language FFWA-1273 -- Revised May 1, 2012 The ratio of trainees to journeymen on the job she shall not be greater than permitted underthe plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved programfor the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable w age determination. Trainees s hall be paid f ringe 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 thew age determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated w ith the corresponding journeyman w age rate on the w age determination w hich provides forless than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate w ho is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable w age rate on the w age determination for the classification of work actually performed. In addition, any trainee performing w ork on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable w age rate on the w age determination forthe w ork actualty performed. In the event the Employment and Training Administration whhdraas approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate f or the w ork perf ormed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and Journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees w orking under apprentices hip and skill training programs w hich have been certified by the Secretary of Transportation as promoting EEO in connection w ith Federal -aid highw ay construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly w age 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. 5. Compliancewith CopelandAct requirements. Thecontractor shall comply w ith the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6.Subcontracts. The contractor or subcontractor shall insert Form FFWA-1273 in any subcontracts and also require the subcontractors to include Form FFWA-1273 in any lower tier subcontracts. The prime contractor shall be res pons ible for the compliance by any subcontractor or lower tiers ubcontractorwith all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in29 CFR 5.5 maybe grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Page 13 of 23 January 2018 Local Assistance Procedures Manual 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Dis putes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes w ithin the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certiffcationofeligibility. a. By entering into this contract, the contractor certifies that neither A (nor he or she) nor any person or firm w ho has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible f or aw and of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty f or making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1.Overtimerequirements. No contractor or subcontractor contracting for any part of the contract workwhichmay require or involve the employment of laborers or mechanics shail require or permit any such laborer or mechanic in any w orkw eek in w hich he or she is employed on such w ork to w ork in excess of forty hours in such w orkweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours w orked in excess of forty hours in such w orkweek. 2. Violation; liability for unpaid wages; Itquldated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to s uch District or to such territory), for liquidated damages. Such liquidated damages shall be computed w dh respect to each individual laborer or mechanic, including w atchmen and guards, employed in violation of the clause set forth in paragraph Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 3. Withholdingfor unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its ow n action or upon w ritten request of an authorized representative of the Department of Labor w lthhold or cause to be w fthheid, from any moneys payable on account of w ork performed by the contractor or subcontractor under any such contract or any other Federal contract w ith the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, w hich 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 w ages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or s ubconiractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any low er tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or low er tier s ubcontractorwith the clauses set forth in paragraphs (1.) through (4.) of this section. V 1. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to ail Federal -aid construction contracts on the National Highway System. The contractor shall performw lth its ow n organization contract w ork 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 contracting agency. 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 w ork required to be performed by the contractor's own organization (23 CFR 635,116). The term "performw ork with its own organization" refers to w orkersemployed or leased by the prime contractor, and equipment ow ned or rented by the prime contractor, with or w ithout operators. Such term does not include employees or equipment of a subcontractoror low ertier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees froman employee leasing firmmeeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the follow ing conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible f or the quality of the w ork of the leased employees; (3) the prime contractor retains all pow er to accept or exclude individual employees fromw ork on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to w ork that requires highly specialized know ledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a w hole and in general are to be limited to minor components of the overall contract. Page 14 of 23 January 2018 Local Assistance Procedures Manual (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the slandard w orkweekof forty hourswithout payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 2. The contract amount upon w hich the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has fullauthority to direct performance of thew orkin accordancewlth thecontract 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 contracting officer determines is necessary to assurethe performance of the contract. 4. No portion of the contractshaltbesublet, assigned orotherw ise disposed of except w ith the written consentof the contracting officer, or authorized representative, and such consentwhen given shall not be construed to relievethe contractor of any responsibility for thefuffiltnenl of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in w riting and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-perfarmance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their ow n self -performance requirements VII,SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In the performance of this contractthe contractor shall comply w ith all applicable Federal, State, and local law s 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 contracting off icermay determine, to be reasonabfy necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection w kh the performance of the w ork covered by the contract. It is a condition of this contract, and shall be made a condition of each subcontract, whichthe contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to w ork in surroundings or under conditions w hich 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. 3704). 3. Pursuant to 29 CFR 1926.3. it is a condition of this contract that the Secretary of Labor or authorized representativethereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance w ith the construction safety and health standards and to carry out the duties of the Fxhibit 12-C Required Federal -Aid Contract LanRualze FHWA-1273 -- Revised May 1, 2012 In order to assure high quality and durable construction in conformity w ith approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highw ay projects, it is essential that all persons concerned with the project performtheir functions as carefully, thoroughly, and honesty aspossible. Willful falsification,distortion, ormisrepresentalionwih 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, Form FHUVA-1022 shall be posted on each Federal -aid highw ay project (23 CFR 635) in one or more places w here it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follow s: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whethera person, association, firm, or corporation, know ingfy 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 w ork performed or to be performed, or the cost thereof in connection w ith the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted f or approval to the Secretary of Transportation; or Whoever know ingiy makes any false statement, false representation, false report or false ciaimw ith respect to the character, quality, quantity, or cost of any w ork performed or to be performed, or materials furnished or to be furnished, in connection w ith the construction of any highway or related project approved by the Secretary of Transportation; or Whoever know ingly 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 under this title or imprisoned not more than 5 years or both." IX. IMPL6NENTATIONOF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contrails and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, w ill be deemed to have stipulated as follow s: That any person w ho is or w ill be utilized in the performance of this contract is not prohibited from receiving an aw and due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take s uch action as the contracting agency may direct as a means of enforcing such requirements. Page 15 of 23 January 2018 Local Assistance Procedures Manual Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. Instructions for Certification —First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. The inability of a person to provide the certification set out below w ill not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall s ubrrit an explanation of w by it cannot provide the certification set out below The certification or explanation w ill be considered in connection w ith the department or agency's determination w hether to enter into this transaction. How ever, failure of the prospective first tier 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 w hich reliancewas placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective firsttier participant shallprovideimmediate written notice to the contracting agency to w hom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person;' "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction betw een a grantee or s ubgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant ho has entered into a covered transaction with a grantee or subgrantee of Federal f unds (such as the prime or general contractor)_ "LowerTierParticipant" refers any participant who has entered into a covered transaction w ith a First Tier Participant or other Low erTier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not know ingly enter into any low er tier covered transaction w ith 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 first tier participant further agrees by submitting this proposal that it w ill include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclus ion -Low erTier Covered Transactions," provided by the department or contracting agency, entering into this covered Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a low er tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it know s that the certification is erroneous. Aparticipantis responsible for ensuring that its principals are not suspended, debarred, or other ise ineligible to participate in covered transactions. To verify the eligibility of its principals, as w ell as the eligibility of any low er tier prospective participants, each participant may, but is not required to, check the Excluded Parties List Systemwebsile {bursa/aww.enis.eovA which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The know ledge and information of the prospective participant is not required to exceed that w hich 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 w ith a person w ho 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. 2. Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion —First Tier Participants: The prospective first tier participant certifies to the best of its know ledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposedfor debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department oragency; (2) Have not w ithin a three-year period preceding this proposal been convicted of or had a civiljudgment 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 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; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) w i h commission of any of the offenses enumerated in paragraph (a)(2) of this certification: and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Page 16 of 23 January 2018 Local Assistance Procedures Manual transaction, w ithout modification, in all low er tier covered transactions and in all solicitations for low er tier covered transactions exceeding the $25,000 threshold. 2. Instructions for Ce riification -Lower Tier Participants: (Applicableto all subcontracts, purchase orders and other low ertier transactions requiring prior FI-WA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) 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 w hich reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant know ingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency w iih which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate w ritten notice to the person tow hich this proposal is submitted if at any time the prospective low er tier participant learns that its certification w as erroneous by reason of changed circumstances. The terms "covered transaction,""debarred,""suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200, You may contact the person to w hich this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction betty een a grantee or subgrantee of Federatfunds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers tothe participantw ho has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Laver Tier Participant' refers any participant w ho has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective low ertier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not know ingly enter into any low er tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded f rom participation in this covered transaction, unless authorized by the department or agency w fth which this transaction originated. f. The pros pective low ertier participant Further agrees by s ubmitting this proposal that it w ill include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Low erTier Covered Transaction," w ithout modification, in all low ertier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 fromthe covered transaction, unless t knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherw ise ineligible to participate in covered transactions. To verify the eligibility of its principals, as w ell as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System w ebsrte Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a low er tier covered transaction w Rh a person w ho 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 w Ith w hich this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspensiorr, Ineligibility and Voluntary Exclusion —Lower Tier Participants: 1. The prospective low ertier 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 participating in covered transactions by any Federal department or agency. 2. Where the prospective low er tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Xi. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is 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 know ledge and belief, that: a. No Federal appropriated funds have been paid or w ill 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 w ith the aw arding 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, renew at, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. 9 any funds other than Federal appropriated funds have been paid or w ill 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 wifhthis Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordancewith its instructions. 2. This certification is a material representation of fact upon w hich reliancew as 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 certif ication 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 its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which Page 17 of 23 January 2018 Local Assistance Procedures Manual (httpsa/c„��icenls. ovn, which is compiled by the General Services Adrninis t ration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fadh the certification required by this clause. The know ledge and normally possessed by a prudent person in the ordinary course of business dealings. Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 exceed information of participant is not required to exceed that w hich is $100,000 and that all such recipients shall certify and disclose accordingly. Page 18 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 12. FEMALE AND MINORITY GOALS To comply with Section 11, "Nondiscrimination," of"Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) Redding CA: 174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco -Oakland -San Jose,CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 28.9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 176 CA Santa Clara, CA 19.6 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23•2 Sacramento, CA: SMSA Counties: 177 6920 Sacramento, CA 16.1 CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba Stockton -Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Anrador; CA Calaveras; CA Mariposa•, CA Merced; CA "Tuolumne Fresno -Bakersfield, CA SMSA Counties: 179 0680 Bakersfield, CA 19.1 CA Kem 2840 Fresno, CA 26.1 Page 19 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 23.6 Los Angeles, CA: SMSA Counties: 0360 Anaheim Santa Ana -Garden Grove, CA 11.9 CA Orange 4480 Los Angeles -Long Beach, CA 283 CA Los Angeles 180 6000 Oxnard -Simi Valley -Ventura, CA 21.5 CA Ventura 6780 Riverside -San Bernardino -Ontario, CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties 181 7320 San Diego, CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For the last full week July during which work is performed underthe contract, you and each non material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimuiation in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and ]eases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-aerecments. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information Page 20 of 23 January 2018 Local Assistance Procedures Manual lkhibit 12-G Required Federal -Aid Contract Language required of CONTRACTOR is in the exclusive possession ofanotherwho fails or refuses to furnish this information, CONTRACTOR shall socertify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the eventof CONTRACTOWs noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or theFHWA may determine to be appropriate, including, butnot limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in patt. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and; in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 14. USE OF UNITED STATES -FLAG VESSELS The CONTRACTOR agrees- 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of thegross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonablerates for United States -flag commercial vessels. 2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outsidethe United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in Fhglish for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractorbills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance ofthe provisions of this clause in all subcontracts issued pursuant to this contract. Page 21 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-C Required Federal -Aid Contract language Federal Trainee Program Special Provisions (to be used when applicable) 115. FEDERAL TRAINEE PROGRAM For the Fed era[ training program, the number of trainees or apprentices is This section applies if a number of trainees or apprentices is specified in the special provisions. As part of yourequal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement, If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority andwomen apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status orin which the employee has been employed as ajourneyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must showthe employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City/County of and FHWA approves aprogram if one of the following is met: I. It is calculated to: ■ Meet the your equal employment opportunity responsibilities ■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registeredv6th the U.S. Department of Labor. Bureau of Apprenticeship and Training, and it is administered in away cons isten twith the equal employment responsibilities of Federal -aid highway construction contracts Obtain the State's approval for your training program before you startwork involving the classification covered by the program. Page 22 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Provide training in the cons truction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in lower level management positions such as office engineers,estimators, and timekeepers if thetraining is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided andapprovedby the division office. Off -site training is allowed if thetraining is an integral part ofan approved training program and does notmake up a significant part of theoverall training. The City/County of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: I. For on -site training 2. For off -site training if the apprentice or trainee is currently employed on a Federal -aid project and you do at least one of the following: • Contribute to the costof the training • Provide the instruction to the apprentice or trainee • Pay the apprentice's or trainee's wages during the off -site training period 3. If you comply this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentiecor trainee has completed thetraining program Furnish the apprentice or trainee: 1. Copy of theprogram you will comply with in providing thetraining Page 23 of 23 January 2018 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Cnmoi \n(11 nG . PROJECT: CC - \ 3 \ S (Contr or Name) a W; u C)n 1�\G\ W ac ke S . ')F-> (Street Ad ress) us�r1, OR- 92-A$ C) (City, State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City) and the above -named Contractor ("Contractor') for the above -described project ("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct Signed on AA (A1A1S-� b , 20_a, at 74SAi n , (Date) I(City, State) 14,gft (Signature of Individuualo is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CIS 2010 1185, naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on �� S� C , 20Z at CA (Date) (City, State) CONTRACTOR: By Name: C1Lf€rV•& 277621.2 GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B 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 4111 of January, 2018, 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 in Tustin, California, on the 41h day of January, 2018; 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 e4^ " -- Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 o (714) 247-1040 • Fax (714) 247-1041 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 08/8/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ^.AEGAh fEATNERSTGN .ate -ate. _ raii`ornla z No'arY { .rh.i Ora�G wun"•-} y i commis sron t )182170 Comm. es Feb 3. 2021 Exp 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. i Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: . ... ___..... _....... ____ ._.......... ... _. Signer's Name: Corporate•Officer--Title(s): Corporate Officer — Title(s): Partner — 7, Limited General 7 Partner — =..i Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: I Other: Signer Is Representing:._ Signer Is Representing: �''r..c . � ::;ti+ ,..<<.t:-�'�.'.Z.'�_.�, »,<,.�>.t, . t,-�i..4;>_, ,<:.,t,:'�:":%c,<1.; :.�, :.`�.L� .:.:d,� .:le'L,'t::4.:K:i.`C:4t.�.tr ><;mod<v.t,<. vt .., d�r.L,`�C' Y..�. ve.����.r:<_'• 0c2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names .Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information WESTERN SURETY COMPANY 151 N. FRANKLIN STREET CHICAGO, IL 60606 Effective Date NAIC #: 13188 California Company ID #: 0761-7 Date Authorized in California: 07/29/1930 License Status: UNLIMITED -NORMAL ompany Type: F Property &Casualty State of Domicile: SOUTH DAKOI back to top NAIC Group List NAIC Group #: 0218 CNA INS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY back to top_ © 2008 California Department of Insurance Client#: 1265037 305GMCENG ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D DNYYY) 8/07/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T Insurance Services a of Oran CountE-MAIL g y 2400 E Katella Ave. Suite 1100 Anaheim, CA 92806 CONTACT NAME: Allie Mosier PHONE 714 941-2900 FAX 877-297-1116 o Ext : A/C, No ADDRESS: amosier@bbandt.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A ;Travelers Property Casualty Co 25674 INSURED GMC Engineering Inc. 1401 Warner Avenue #B INSURER B INSURER C Tustin, CA 92780 6457 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY C09J724783TIL17 10/01/2017 10/01/2018 EACH OCCURRENCE $1 000000 CLAIMS -MADE � OCCUR PREMISES (Ea RENTED) $300,000 X MED EXP (Any one person) $ 5 000 PD Ded:5,000 PERSONAL & ADV INJURY $ 1 ,000,000 AGGREGATE LIMIT APPLIES PER. POLICY xI JECOT LOC GENERAL AGGREGATE $2,000,000 GEN'L PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY DT8109J24783TIL1 10/01/2017 10/01/201 EaaBcINED en1INGLE LIMIT id S $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LAB X OCCUR CUP9J7262291726 10/01/2017 10/01/2018 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $10 000 $ A WORKERS COMPENSATION AND EMPLDYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEI OFFICER/MEMBER EXCLUDED? u l (Mandatory in NH) N / A DTJUB7JO2608217 10/01/2017 10/01/2018 X PER OTH- ER E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE- EA EMPLOYEE $1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 A Equipment QT6606069C455TIL17 6/25/2017 10/01/2018 Deductible $1,000 Rented/Leased $150,000 Max Per Item DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Atlanta Avenue Widening, Project # CC 1319 City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers P51 are named as additional insured as respects general liability, this insurance is primary and �p�jV noncontributory with any other insurance of the additional insured; waiver of subrogation appIF0 as 5 PN� respects workers compensation as required by written contract, per endorsements attached. HP�LE �N�� BEPGN GOON CEKIIF-ICAIE. HOLDER CANCELLATION _e' V%-'i City of Huntington Beach 2000 Main St Huntington Beach, CA 92646 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 #S20782055/M18982112 The ACORD name and logo are registered marks of ACORD ACMOS COMMERCIAL GENERAL LIABILITY POLICY NUMBER C09J724783TIL17 ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Location of Covered Operations: Atlanta Avenue Widening from Huntington Street to Delaware Street (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage", "personal injury" or "advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring, or "personal injury" or "advertising injury' arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: C09J724783TIL17 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Huntington Beach, its officers, elected Atlanta Avenue Widening from Huntington or appointed officials, employees, agents, and Street to Delaware Street volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Policy Number: C09J724783TIL17 COMMERCIAL GENERAL LIABILITY or organization which may be liable to the (c) That is insurance purchased by you insured because of injury or damage to to cover your liability as a tenant for which this insurance may also apply. "property damage" to premises d. No insured will, except at that insured's own rented to you or temporarily occupied cost, voluntarily make a payment, assume by you with permission of the owner; any obligation, or incur any expense, other or than for first aid, without our consent. (d) If the loss arises out of the mainte- 3. Legal Action Against Us nance or use of aircraft, "autos" or watercraft to the extent not subject to No person or organization has a right under this Exclusion g. of Section I — Coverage Coverage Part: A — Bodily Injury And Property Dam - a. To join us as a party or otherwise bring us age Liability. into a "suit" asking for damages from an in- (2) Any other primary insurance available to sured; or you covering liability for damages arising b. To sue us on this Coverage Part unless all of out of the premises or operations for its terms have been fully complied with, which you have been added as an addi- A person or organization may sue us to recover tional insured by attachment of an en - on an agreed settlement or on a final judgment dorsement. against an insured; but we will not be liable for When this insurance is excess, we will have damages that are not payable under the terms of no duty under Coverages A or B to defend this Coverage Part or that are in excess of the the insured against any "suit" if any other in- applicable limit of insurance. An agreed settle- surer has a duty to defend the insured against ment means a settlement and release of liability that "suit". If no other insurer defends, we will signed by us, the insured and the claimant or the undertake to do so, but we will be entitled to claimant's legal representative. the insured's rights against all those other in- 4. Other Insurance surers. If other valid and collectible insurance is available When this insurance is excess over other in- to the insured for a loss we cover under Cover- surance, we will pay only our share of the ages A or B of this Coverage Part, our obligations amount of the loss, if any, that exceeds the are limited as follows: sum of: a. Primary Insurance (1) The total amount that all such other in- surance would pay for the loss in the ab- This insurance is primary except when b, be- sence of this insurance; and low applies. If this insurance is primary, our obligations are not affected unless any of the (2) The total of all deductible and self -insured other insurance is also primary. Then, we will amounts under all that other insurance. share with all that other insurance by the We will share the remaining loss, if any, with method described in c. below. any other insurance that is not described in b. Excess Insurance this Excess Insurance provision and was not This insurance is excess over: bought specifically to apply in excess of the Limits of Insurance shown in the Declarations (1) Any of the other insurance, whether pri- of this Coverage Part. mary, excess, contingent or on any other c. Method Of Sharing basis: If all of the other insurance permits contribu- (a) That is Fire, Extended Coverage, tion by equal shares, we will follow this Builder's Risk, Installation Risk or method also. Under this approach each in - similar coverage for "your work"; surer contributes equal amounts until it has (b) That is Fire insurance for premises paid its applicable limit of insurance or none rented to you or temporarily occupied of the loss remains, whichever comes first. by you with permission of the owner; If any of the other insurance does not permit contribution by equal shares, we will contrib- CG 00 01 10 01 © ISO Properties Inc., 2000 Page 11 of 16 . t TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: (DTJUB-7J02608-2-17) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 01.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 09-26-17 ST ASSIGN: Page 1 of 1 Bond No.: 30003839 Premium: $19,836.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated August 8th , 2018, entered into a contract with GMC Engineering, lnc. 1401 Warner Ave., Suite B, Tustin, CA 92708 (name and address of Contractor) (hereinafter referred to as "Principal"), for perfo ance of the work described as follows: Atlanta Avenue Widening CC-1319 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we the undersigned as Principal, and Western Surety company 1455 Frazee Rd. # 508, San iego, CA 92108 (name and address of Surety) as Surety are held and firmly bound unto City in the penal sum of Two Million Six Hundred Eighty Eieht Thousand Five Hundred EiL tv Three an 50 100 Dollars ($ 2,688,583.50 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") frorriany and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which maybe incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15-4584/117174 Bond No. 30003839 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: August 8th, 2108 ATTEST GMC Engineering, Inc. (Corporate Seal) (Principal Name) By. Name. Title: Yy f3i 49nX ATTEST Western Surety Company (Corporate Seal) (Surety Name) By: David B. Sar;diford - f torney-, rr-Fact Name: (Signature Att rne�-i,oactPu y) (Attach Attorney -in -Fact Certificate) 692-3550 (Area Code & Telephone Number for Surety) APPROVED AS TEQ . i By: Michael E. Gates, City Attorney I Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. riRET WESTERN SURETY COMPANY �W?0 POggj.a'� MTh OP�O ArPaul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR NarAvueuc June 23, 2021 p mSOUTH OAKOTA� Y /J 7. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8th day of August 2018, l ET WESTERN WESTERN SURETY COMPANY W( QPOgq 3 W:4O I�ID- t :=2 L. Nelson, Assistant Secretary Form F428D-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On August 8th, 2018 before me Rosemarie Geiger (Here insert name and title of the officer) personally appeared David B. Sandiford , who proved to me on the basis of satisfactory evidence to be the persono�whose name{s}-isfafe-subscribed to the within instrument and acknowledged to me that hefshe,'they executed the same in his/"@�'�;rauthorized capacity,(e, and that by his/herAhe-ir-signature�c4on 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. ROSEMARIE GEIGER WITNESS my hand and official seal. Commission # 2101454 Z a llotary Public - CaliforniaZOrange County�My Comm. Expires Feb 26, 2019 Notary Public Signature 0 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRI PT1CN CFTHE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Aclatowledgments from other states maybe corpleted for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached docu rent) Estate and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. bate of notarization must be the date that the signer(s) personally appeared which (Title or desription of attached docurrent continued) must also be the same date the acknowledgment is completed. I2fhe notary public must print his or her name as it appears within his or her Nurrb f of Pages aicur eft Cate 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. CAPACITY CLAI MED BY THE SIGNER Mndicate the correct singular or plural forms by crossing off incorrect forms (i.e. h-elslre/d+e);- is 1w ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer Ofhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) dSignature of the notary public must match the signature on file with the office of the county clerk. ® Attorney -in -Fact I Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other I Indicate title or type of attached document, number of pages and date. ❑ I Indicate the capacity claimed by the signer. If the claimed capacity is a ff' ddr 1 CEO CFO corporate o icer, m tc-e a ut a (i.e. I ,Secretary). 2015 Version tvn^r .PlotaryClasses.com 800-873-98F5) ElSecurely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 08/8/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NAEGAN FEATHERSTC Notarypublic- California Z z �k; Orange County ='7 Commission V 2182170 My Comm. Expires Feb 3, 2021 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. �f Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - Corporate Officer--Title(s): - Partner — Limited - General Individual - Attorney in Fact Trustee - Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: 1Corporate Officer = Ttle(s):. Partner — ::1 Limited General Individual = Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No.: 30003839 Premium: Included PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to GMC Engineering, Inc 1401 Warner Ave Suite B Tustin CA 92780 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Atlanta Avenue Widening CC-1319 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and Western Surety Company 1455 Frazee Rd. # 508, San Diezo, CA (name and address of Surety) as Sureare held and firmly bound unto City in the penal sum of ty, Two 11ion Six Hundred Eighty Eight Thousand Five Hundred Eighty Three and 50/100 dollars ($ 2,688,583.50 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Page 1 of 2 15-4584/117357 PAYMENT BOND Bond No.: 30003839 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, 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 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: August 8th, 2018 ATTEST GMC Engineering, Inc. (Corporate Seal) (Principal Name) DDD By: �" jrt, fw Name_� �K Title: PYes�r�er� ATTEST Western Surety Company (Corporate Seal) (Attach Attorney -in -Fact Certificate) (Surety Name) By: David B. Sandiford - Attorney -in -Fact Name: A 4�"L(, at'iffald(e of Attorney -in-- c o ure ✓' 19 682-3550 (Area Code & Telephone Number for Surety) APPROVED AS By: E. Gates, -City Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page 2 of 2 154584/117357 PAYNIl NT BOND Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. WESTERN SURETY COMPANY sr?su...... y�41, p0Agr�l'c eWe4 1�1D c rtiS£AV ;'j Pc APPaul T. Bruflat, Vice President State of South Dakota 1 J? ss County of Minnehaha On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR NOTARY PUBLIC June 23, 2021 p 80mHOAROTA(M �J77Y)xAA_--) J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8th day of August 1 2018. •�""Beery -........ � WESTERN SURETY COMPANY CA �°�►`M opµ L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On August 8th, 2018 before me Rosemarie Geiger (Here insert name and title of the officer) personally appeared David B. Sandiford , who proved to me on the basis of satisfactory evidence to be the person(s�-whose name{-isletfesubscribed to the within instrument and acknowledged to me that hef5hefthey-executed the same in his/ o4t4e authorized capacity{ee , and that by hisiheli,Aheif-signature�c4 on the instrument the person{s�, or the entity upon behalf of which the person{stacted, 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. ROSEMARIE GEIGER WITNESS my hand and official seal. Commission # 2101454 z ,-m Notary Public - California z Z Orange County n D My Comm. Expires Feb 26, 2019 Notary Public Signature 7 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form compliesu,ith current California statutes regarding notary wording and, DESCRIPTICN CIF THE ATTACHED DCQJMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Tiitlecrdescription ofattached dnamrent) Estate and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. mate of notarization must be the date that the signer(s) personally appeared which (Title or des ripticn a fattacheddocurrtent continued) must also be the same date die acknowledgment is completed. Mrhe notary public must print his or her name as it appears within his or her NXrb f of PaCg.es art Cate commission followed by a comma and then your title (notary public). E inl the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Eknndicate the correct singular or plural forms by crossing off incorrect forms (i.e. h-e/she/dtey;- is /ete) or circling the correct. forms. Failure to correctly indicate this p Individual (s) information may lead to rejection of document recording. El Corporate Officer Efhe notary seal impression must, be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. Partners ESignature of the notary public must match the signature on file with the office of EJ the county clerk. ® Attorney -in -Fact 121 Additional information is not required but could help to ensure this p Trustee(s) acknowledgment is not misused or attached to a different document. Other El 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 co CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `C.c^.c`<,,C.<,<-C:,clx �x:f3c.fIcl? 01<_X:..!'-cC1cl;1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 08/8/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PAEGAN FEA7HERSTGN WITNESS my hand and official seal. No. public - California z `K OranC Ccurty 09-2� Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer-- Title(s): - - - Partner — Limited - General Individual - Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: L_ Corporate Officer Title(s): - - — -- -- G: Partner — �] Limited General Individual - Attorney in Fact _ Trustee Guardian or Conservator C Other: Signer Is Representing: GIL cy ClXIc(; 1(1124:'-4'Xl<:5 C<'i< C _%CX*/_1 Cv1111`r [� c G (tiG�<{ <{' Cr { c c �,tz<:i4cC r c= tl' G C'1 c ;L'{ t✓ti C < ©2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BID BOND (Percentage) KNOW ALL PERSONS BY THESE PRESENTS, That we GMC Engineering, Inc. 1401 Warner Ave., Suite B, Tustin, CA 92780 referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto The City of Huntington Beach of 2000 Main St, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of 10% of the Total Amount Bid amount bid not to exceed Ten Percent of the Total Amount of , hereinafter ( 10 %) percent of the greatest Dollars ($ 10% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract Atlanta Avenue Widenin NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 9th day of May , 2018 GMC Engineering, Inc. (Principal) By V " V" (Seal) aoy-ha�) Una ��-Pic sic�¢,,nt Western Surety Company L,evy-2-Fact By (Seal) David B. Sandifor Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. +yVRET�y'� WESTERN SURETY COMPANY �*fkrE p'vv s 4N"�w..... APaul T. Bruflat, Vice President State of South Dakota 1 )t ss County of Minnebaba On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that be is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that be knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR (ouuauc June 23,2021 61,-a,,M J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony wbereof I have hereunto subscribed my name and affixed the seal of the said corporation this 9th day of May , 201$ �,• �o WESTERN SURETY COMPANY �W O�POggr:_;e -Wig �D- s2i rtJ",.. 4 ITN OPµ , M L. Nelson, Assistant Secretary Fonn F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On May 9th, 2018 before me Rosemarie Geiger (Here insert name and title of the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person} -whose nameoe ismsubscribed to the within instrument and acknowledged to me that hefshe�they-executed the same in his/ e authorized capacity{ie+, and that by hisfher4�signature(e4 on the instrument the person{sj, 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. ROSEMARIE GEIGER Commission # 2101454 WITNESS my hand and official seal. Z Notary Public - California D z Orange County offi",A�& / ' My Comm. Expires Feb 26, 2019 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION CIF THE ATTACH13DDOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Tiitlecrdescriptienofattached document) MIState and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. MDate of notarization must be the date that the signer(s) personally appeared which (Title or descripticrt of attached document c ntinued) 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 Nun-b f of Pages Docurrert Cate commission followed by a comma and then your title (notary public). 111'rint Uie name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Mndicate Urc correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/shc/thoy- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer MThe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) 12Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney -in -Fact ED Additional information is not required but could help to ensure this ❑ Trustee(s) ackno-wledgment is not misused or attached to a different document. ❑ Other 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). 2015 Version www.NotaryClasses.com 800-873-9865 EESecurely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/23/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signers) 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. MEGAN FEATIiERSTON NotaryPublic- California Z Z Orange County > Z z Commission # 2182170 My Comm. Expires Feb 3, 2021 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: __ Signer's Name: _ Corporate Officer — Title(s) _ _ ___._ I_ Corporate Officer—Title(s). Partner — Limited General Partner — �:] Limited _ General - Individual Attorney in Fact _ Individual _Attorney in Fact Trustee - Guardian or Conservator Trustee Guardian or Conservator Other: C Other: Signer Is Representing: Signer Is Representing: iC:u'+c y.,r�iC_vac%(;+�`�+-C.�5?G'.�;<�G`�<.<:4"-t.r;.'u:{%t,''c�.'cat=::,��,`4%C:'�`;C.'t."w'f�L'.�%4'c-C�J..ti.C'.Gi:Lv.:z;e,lk;C,v,;:cicC.i;<,:4.%C;+%C.c,,:�l4i-✓",.vC:�%C;{ ©2016 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1 -8 00-876-6827) Item #5907 Q1, Qf HwithqfZlon.Beach Bu,-,hwss. License 8tisiness Nam;cIService Ad dress CPU G MAW M3 4,3 WensaTypo "Wwo"", owrlcocz�rpaeaoafl LOA C ENSVERING 119,' 105 to ENTE 1 W & 7 3R TNT box?,W, 17 F': "R, 1 F"RS'.Qwow I EVE ON OR DU CRF 7i W C XPRATAN 20 �':' POST IN PUBUC V*IFW Licanse&mw AMM Effective Date Expir.MK.on Date Amount Paid 5, tC5,25 GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin. CA 92780 SEALED BID FOR: ATLANTA AVENUE WIDENING C.C. NO. 1319 FEDERAL A]D PROJECT 11PMPL-5181{165} Did Date. 5120018 Bid Time: 2.00 PM CITY OF HUNTINGTON BEACH �x _ 5 OI: FICF. OF THY CITY CLERK * 2000 MAIN STREFT s ' f SECOND FLOOR z= p .ti £ �r w?rs1 DO NUT f)PEN WITH RF,G[JLAR MAILf Ifsg i 'I Q�a�N�iroctoy� ti 9 U •�� S ps�+� City of Huntington Bea ch File #: 18-097 MEETING DATE: 6/18/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Award and authorize execution of a construction contract in the amount of $2,688,583.50 to GMC Engineering, Inc. for the Atlanta Avenue Widening, CC-1319; approve the appropriation of $2,153,000 from the Traffic Impact Fee undesignated fund balance; and, authorize 20% in contingency funds Statement of Issue: On May 24, 2018, bids were opened for the Atlanta Avenue Widening, CC-1319. Staff requests that the City Council award the contract to GMC Engineering, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $1,200,000 are available from the OCTA Construction Grant Account No. 87390017.82700 and $247,000 from Proposition 42 Account No. 21990002.82300. The total estimated project cost is $3.6M which includes the construction contract, the additive alternate bid items, 20% contingency, and supplemental expenses. A budget appropriation of $2,153,000 from the Traffic Impact Fee undesignated fund balance is necessary to award the contract and proceed with construction of the project. Due to the truncated fiscal year, these funds will need to be carried over into FY 2018/2019. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc., in the amount of $2,688,583.50; and, B) Approve the appropriation of $2,153,000 from the Traffic Impact Fee undesignated fund balance to Account No. 20690002.82700; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, City of Huntington Beach Page 1 of 3 Printed on 6/13/2018 pcwered by Legmar7l File #: 18-097 MEETING DATE: 6/18/2018 D) Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders; and, E) Authorize the carry over of funds in the OCTA Construction Grant Account No. 87390017.82700, Proposition 42 Account No. 21990002.82300, and Traffic Impact Fee Account No. 20690002.82700. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The City proposes to widen the south side of Atlanta Avenue, between Huntington Street and Delaware Street, to comply with the primary arterial street classification in the General Plan Circulation Element. Both the City's General Plan Circulation Element and Orange County's Master Plan of Arterial Highways (MPAH) designate Atlanta Avenue as a primary arterial street. As defined in the General Plan, the primary arterial street classification provides sidewalk, curb, gutter, a bike lane, and two through lanes in each direction of travel, separated by a striped median. Currently, the subject segment of Atlanta Avenue provides one lane in each direction, a striped median, and on - street parking along a portion of the north side of the street. The scope of work consists primarily of clearing and grubbing, the construction of asphalt concrete roadway, signing and striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height retaining wall, landscaping, irrigation, reconstruction of a 24-foot wide, on -site circulation road within the adjacent mobile home park, utility adjustment and relocation and appurtenant work as required. Bids were opened publicly on May 24, 2018. Staff reviewed the bid package received from GMC Engineering, Inc. and mathematically verified the total bid amount. As this contractor has done acceptable work on past City projects, staff recommends award of the construction contract to GMC Engineering, Inc. in the amount of $2,688,583.50. The total estimated project cost, including the construction contract, the additive alternate bid items to pave the north side of Atlanta Avenue between 1st Street and Huntington Street, a 20% contingency, supplemental expenses, inspection, and construction management is approximately $3.6M. A twenty -percent contingency is requested to cover potential costs associated with the relocation of the aged on -site utilities and restoring the private property improvements within the adjacent mobile home park site. The verified bid amounts are listed below: Bidding Contractor Verified Base Bid (Basis of Award) Additive Alternate Bid Total Verified Bid Amount GMC Engineering, Inc. $2,597,673.50 $90,910.00 $2,688,583.50 Access Pacific, Inc. $3,946,241.21 $102,075.12 $4,048,316.33 Excel Paving Company $4,098,099.00 $59,666.00 $4,157,765.00 Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 6/13/2018 powered by LegistarT" File #: 18-097 MEETING DATE: 6/18/2018 This project is in compliance with CEQA through the mitigation measures included with the Recirculated Mitigated Negative Declaration No. 09-001 approved on February 19, 2013. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map City of Huntington Beach. Page 3 of 3 Printed on 6/13/2018 powered by LegistarTM, ATLANTA AVENUE WIDENING, CC-1319 LOCATION MAP ®OLSA AVE. CIO = Mc FADDEN AVE. to Z can " EDINGER v~i AVE. v' z g �FIEIA AVE, dC•' P ROJECT w Q `� WARNER o AVE. a r� o �57 cun)LATER cl 3AVE. 405 � ATLANTA AVE._ TALBERT AVE, PACIFIC ELLIS AVE. m J/ ¢4f'` r I w rn SURF CITY = GARFIELD AVE. z BEACH OOTTAGES 5 o MOBILEHO PARK ® a via +e z cd Y�4� i'4RKT7WN AVE. 3 Agdp z r � T Q�d ADAMS AVE. 11jfiy r 9 INDIANAPOLIS AVE. 2 d p © a o �d o ce q�T ATLANTA g � N AVE. I z m 9J HAMILTCN AVE. H BANNING OCEAN AVE. VICINITY MAP LOCATION MAP N.T.S. N.T.S. 74 SECTION A p,rp:; .110 e NOTICE INVITING SEALED BIDS for the construction of ATLANTA AVENUE WIDENING (FROM HUNTINGTON STREET TO DELAWARE STREET) FEDERAL AID PROJECT BPMPL-5181 (165) C.C. No. 1319 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 24, 2018. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents shall be available after May 7, 2018 from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $70.00 nonrefundable fee if picked up, or payment of a $90.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). The AGENCY does not charge a fee for Plans, Specifications, and contract documents downloaded from: http://www.huntingtonbeachca.gov/government/departments/public works/Bids/ This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. All extensions of unit prices will be subject to verification by the AGENCY. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the total amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the award. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of clearing and grubbing, the construction of asphalt concrete roadway, signing and striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height retaining wall, landscaping, irrigation, reconstruction of a 24- foot wide on -site circulation road within the adjacent mobile home park, utility adjustment and relocation, and appurtenant work as required. • The contract allows the Contractor 180 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $1,600,000. • The Project Disadvantage Business Enterprises (DBE) goal is 10%. • For the Federal Trainee Program, the number of trainees required is 1. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2017, by Resolution No. 2017-43. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH SECTION A NOTICE INVITING SEALED BIDS for the construction of ATLANTA AVENUE WIDENING (FROM FEDERAGAlD PROJECT BPMPL 5181RE65) REET) C.C. No. 1319 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUN- TINGTON BEACH, as AGENCY, invites sealed bids for the above stated Praiect and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 24, 2018. Bids will be pub- licly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents shall be available after May 7, 2018 from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $70.00 nonrefundable fee if picked up, or payment of a $90.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). The AGENCY does not charge a fee for Plans, Specifications, and contract documents downloaded from: t v This is a Davis -Bacon proiect and the Federal Regulations will be en- forced. Any contract entered into pursuant to this notice will incorpo- rate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Con- tract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be discriminated against on the ba- sis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared an the approved Pro- posal forms in conformance with the Instructions to Bidders as deter- mined by the AGENCY. All extensions of unit prices will be subject to verification by the AGENCY. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 % of the total amount bid. The successful bidder shall be li- censed in accordance with provisions of the Business and Professions Cade and shall possess a State Contractors License Class A at the time of the award. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The Project consists primarily of clearing and grubbing, the construction of asphalt concrete roadway, signing and striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height retaining wall, landscaping, irrigation, recon- struction of a 24-foot wide on -site circulation road within the adjacent mobile home park, utility adjustment and relocation, and appurten- ant work as required. The contract allows the Contractor 1M working days to complete the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is $1,600,000. The Project Disadvantage Business Enterprises (DBE) goal is )0%. • For the Federal Trainee Program, the number of trainees required is 1. The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maxi- mum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2017, by Resolu- tion No. 2017-43. Attest: /s/ Robin Estanislau CITY CLERKOF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave May 3, )0, )7.201811114261 Switzer, Donna From: David Ward <daward@scng.com> Sent: Friday, April 27, 2018 9:56 AM To: Switzer, Donna Cc: Claudio, Jonathan; Broussard, Todd; Esparza, Patty Subject: Re: NISB CC - 1319 Publication Attachments: City of HB CC 1393 Proof 11114261.pdf Good morning Donna. How are you doing? Your notice is all set and ready to go. Ad#11114261 Run Date 5/3, 5110 & 5/17 Cost $927 PROOF (in PDF too large for a screen shot) David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 daward@scnq.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED On Thu, Apr 26, 2018 at 2:54 PM, Switzer, Donna <Donna.SwitzergsurfcityLhb.org> wrote: Hi David, Please publish the attached NISB three times, on May 3`d, May 101h and May 17th, 2018. Thank you! DavwicvSw%t,,er Huntington Beach Wave 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 FILE NO. CC 1319 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS County of Orange I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/03/2018, 05/10/2018, 05/17/2018 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: May 17, 2018. /fe VJZW V ..4aW Signature PROOF OF PUBLICATION Legal No. 0011114261 SECTION A NOTICE INVITING SEALED BIDS for the construction of ATLANTA AVENUE WIDENING (FROM HUNTINGTON STREET TO DELAWARE STREET) FEDERALAlD PROJECT BPMPL-5181 (165) C.C. No. 1319 in The CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUN- TINGTON BEACH, as AGENCY, invites sealed bids for the above stated proiect and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on May 24, 2018. Bids will be Pub- licly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents shall be available after May 7, 2018 from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $70.00 nonrefundable fee if picked up, or payment of a $90.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). The AGENCY does not charge a fee for Plans, Specifications, and contract documents downloaded from: http://www.huntingtonbeachca.gov/government/deRartments/pubric works/Bids/ This is a Davis -Bacon Project and the Federal Regulations will be en- forced. Any contract entered into pursuant to this notice will incorpo- rate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Con- tract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be discriminated against on the ba- sis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Pro- posal forms in conformance with the Instructions to Bidders as deter- mined by the AGENCY. All extensions of unit prices will be subject to verification by the AGENCY. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. The bid must be accompanied by a certified check, cashier'scheck, or bidder's band made payable to the AGENCY for an amount no less Than 10% of the Total amount bid. The successful bidder shall be li- censed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the award. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The proiect consists primarily of clearing and grubbing, the construction of asphalt concrete roadway, signing and striping, curb, gutter, sidewalk, an 8-foot tall concrete block wall atop a variable height retaining wall, landscaping, irrigation, recon- struction of a 24-foot wide on -site circulation road within the adiacent mobile home park, utility adjustment and relocation, and appurten- ant work as required. The contract allows the Contractor 180 working days to complete the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is $1,600,000. The Proiect Disadvantage Business Enterprises (DBE) goal is 10%. For the Federal Trainee Program, the number of trainees required is 1. The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maxi- mum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2017, by Resolu Tian No. 2017-43. Attest: /obin Estanislou MY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave May 3, 10, 17. 201811114261 tip, 't 0 I V r) I !-) I f I Ci Cu JU t A i L 4 1" il h �� - CC n I �l °I #I-lnVTVA�,_ A)�en U If, \)\li�i v��-- (Fr��Vvl�n rn S4.) �MCIYA 1 hA "9-L+- OA� ZL41 Mc CITY OF HUNTINGTON BEACH ATLANTA AVENUE WIDENING C.C. No. 1319 BID OPENING DATE: May 24, 2018 TIME: 2:00 P.M. ENGINEER'S ESTIMATE: S1,675,000 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME APPARENT RANK APPARENT BID AMOUNT Access Pacific, Inc c— All American Asphalt Bali Construction, Inc. Beador Construction Company, Inc California Professional Engineering, Inc. Dangelo Company EBS General Engineering, Inc Excel Paving GMC Engineering r SIC Griffith Company GSCI Hardy & Harper, Inc. Harry H. Joh Construction, Inc. Herman Weissker, Inc. Hot Line Construction, Inc. Los Angeles Engineering Inc. 2 Minco Construction Pavement Recycling Systems R.J. Noble Company RCS Acquisition, Inc Sequel Contractors, Inc. Sully -Miller Contracting Company Vido Samarzich, Inc. YAKAR Bid Results CC-1319 UNSUCCESSFUL BIDS CC-1319 Atlanta Avenue Widening (From Huntington St. to Delaware St.) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk September 4, 2018 Access Pacific 755 E. Washington Blvd. Pasadena, CA 91104 RE: Atlanta Avenue Widening— CC No. 1319 Enclosed please find your original bid bond for CC-1319. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of ATLANTA AVENUE WIDENING (FROM HUNTINGTON STREET TO DELAWARE STREET) FEDERAL AID PROJECT BPMPL-5181 (165) C.C. No. 1319 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 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 05/22/2018 2 05/22/2018 3 05/22/2018 4 05/22/2018 C-2 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 Item . '. _ , Description .. , Quantity Unit Unit Cost Total Cost No.. (I xtension) I 1 Mobilization 1 LS 2 Prepare Traffic Control Plan 1 LS S 3 Furnish Project Traffic Control 1 LS SS` 4 Prepare Project Specific SWPPP to address Construction BMP's. 1 LS SA<7,QC.J-L `1 5 Furnish, Install and Maintain Construction BMP's 1 LS 6 Furnish, Install and Maintain 8' High Temporary Acoustic Barrier per Demolition Plan 1 LS SJ ; .z ';, 'v�,���; )d 7 Demolition, Clearing & Grubbing (Including Disposal) 1 LS SCC) r2� .7Li 8 Unclassified Excavation 3,000 CY S j 7. (,;C) $ �, ? cz��.> (Ld 9 Soil Excavation 300 CY S S /C'�/"7e�,, 10 Cold Mill Existing A.0 to a Variable Depth (0.50' max.) 53,600 SF S Z 11 Sawcut, Remove Existing, and Construct 0,71' Fiber Reinforced B-PG-70-10 A.C. Base Course 1,300 TN S J Z� S 12 Construct Fiber Reinforced B-PG-70-10 A.C. Base Course to a Variable Depth (0.1 T-0.33) per Plans 1,040 TN Zu' �:> S ?>> / `-✓ , `' 13 Construct 0.17' Fiber Reinforced ARHM Overlay 930 TN St3 iv' S ��` , cU 7w7 14 Adjust City Sewer Manhole to Grade 2 EA (�'%S? .C^C 15 Adjust Storm Drain Manhole to Grade 1 EA7 S , C t S 16 Replace Water Valve Box Assembly and Adjust to Grade 13 7EAS j&C..jCf 17 Construct 4" Domestic Water Service and Meter per Water Service Relocation Plan 1 LS 18 Construct 6" Fire Service per Water Service Relocation Plan 1 LS ; j7,�� 19 Construct New Fire Hydrant Assembly per Water Service Relocation Plan 2 EA S , "GYXl: 20 Relocate Gas Service per Gas Service Relocation Plan 1 LS S t/-, it 'S' C. v 21 Furnish and Install Street Light and Appurtenances per Street Lighting Plan (Sheet 36) 6 EA 22 Construct Traffic Signal and all Appurtenances 1 LS 23 Furnish and Install New Detector Loops :aEA :2:4 �^, �/ �). S r� S ��/ C-3.1 ADDE:NDUiiN14 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE NVIDENING, CC 1319 Item No. Description . Quautih .; lillfit UnitCoet To61 Co"st (Extension) 24 Construct Retaining/Screen Block Wall with Subdrain System (See Specifications) 520 LF S 17ZL 25 Construct 8" Curb & Gutter 530 LF 'S slj 7 S 26 Construct 4" PCC Sidewalk 2,650 SF S 1"7 . by S (C? , 2` b , C fi' 27 Construct Commercial Driveway Approach 840 SF J jr,., J Zs,'r��,�lG7 28 Construct Residential Driveway Approach 220 SF S `I S j(r�,072.)_ 11 29 Construct Curb Access Ramp 3 EA S S Ili,>;Crit "2, ; CA 30 Construct PCC Spandrel 275 SF S 31 Construct Parkway Drain 32 LF io -7 S %ail 43 �� C6,2< <2 32 Construct 4' High (Max) Retaining Wall (Option 2) 8 LF S 1,`i Ce, 33 Construct 6' High Screen Block Wall (Option 1) 34 LF S I l �c, U f j� 1 34 Construct Chain Link Pedestrian and Drive Gate with Knox Box 110 LF Sj2�-q) 35 Remove Existing and Construct Wooden Fence Extension to Match 1 LS SZ!;� 17k�" Y) S 36 Perpetuate Existing Point of Control, Construct Survey Monument Well per City Std Plan 219, Prepare and File Corner Record 3 EA _%Ls L 5 Las , C C,) 37 Restore Off -site Survey Monumentation, Prepare and File Corner Record (Pre- and/or Post -Construction) 10 EA 38 Restore On -site Survey PAonumentation established by Tract Map 17397, Prepare and File Corner Record (locations to be determined by Engineer) 34 EA `zi7,��,(o 39 Remove and Construct New On -Site Domestic Water System 1 LS S1 J - ,.« S iCLj, f tZ," (} 40 Remove and Construct New On -Site Fire Water System 1 LS 41 Remove and Construct New On -Site Electrical System 1 LS SL?�7c ?c S e-o'c-c" Z 42 Remove and Construct New On -Site Gas System 1 LS S�' ldjl`zc^ S c c_J 43 Remove and Construct New On -Site Sewer System 1 LS Sj��q S jly 44 Construct On -Site Fill Slope (2:1 Max) I 250 CY 2,_ 20 45 Construct 6" PCC Curb 320 LFS i 46 Construct 24" Wide PCC V-Gutter 700 LF5r i. C-2.2 ADDENDUM\l4 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE NVIDENING, CC 1319 Itenli, No." -„�" Description �'� Qaantitti "-° ;Unit Unfit Cost Total Cost (Extension) " 47 Construct 2" A.C. over 95% Compacted Subgrade 6 TN S) (( L SC��i,, 48 Construct 6" A.0 Pavement over 95% Compacted Subgrade 475 TN S 1-2-0 49 Furnish and Install 2" Thick Decomposed Granite 60 CY S z7 cle,� 50 Construct Trash Enclosure 2 EA S 1,51fill)_ C S 51 Construct Irrigation System and Appurtenances per Irrigation Plan 1 LS Sit 52 Furnish and Install Trees per Landscape Plan 48 EA I .� _l tL S Zt� 53 Furnish and Install Planting Materials per Landscape Plan 11,370 SF �• G�)i �',/ T �/7 54 90-Day Plant Establishment and 1-Year Landscape Maintenance 1 LS Si, L/1s — $ .7 { yt; : • 55 Construct Engineered Fill for Street Widening 2,000 cY S(�Y, SI_ r57 56 Remove and Construct New On -Site Telecommunications System 1 LS Sl%Cue Furnish and Install Signing and Striping per Signing and Striping Plan 1 LS S4LU7.Y,0 S`Le4,V4�,Y 58 Furnish and Install Signing and Striping for On -site Fire Lane 1 LS StZ C'�G. to? S 62 C. �v TOTAL BID AMOUNT— SCHEDULE A (BASIS OF AWARD) $ 3 a Cl� SCrL/ TOTAL BID AMOUNT IN WORDS Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-2.3 ADDEiNDONI4 SECTION C PROJECT BID SCHEDULE B ATLANTA AVENUE WIDENING, CC 1319 ADDITIVE ALTERNATIVE Item `- vo. Description "QuantitF Unit Unit Cost Total}Cost {Lxtension)' ` 1 Traffic Control Plan 1 LS �i �) J el- IIts 2 Furnish Project Traffic Control 1 LS 3 Project Specific SWPPP to address Construction BMP'S, 1 LS 4 Install and Maintain Construction BMP'S per Approved SWPPP 1 LSL��lei , I 5 Cold Mill Existing A.C. to a Min. Depth of 0.17' 13,300 SF ) -2, S 6 Cold Mill Existing A.C. Pavement Section to a Min. Depth of 0.33' 3,300 SF 1 JAI i� >2 i 7 Construct 0.17' Fiber Reinforced Asphalt Rubber Hot Mix (AHRM) Wet Process Overlay. 255 TN ., 8 Install New Detector Loops 1 LS S j {cC 9 Prepare Corner Record (Pre and/or Post Construction) for Survey Monumentation 1 LS $ �j `7 10 11 TOTAL BID AMOUNT — SCHEDULE B ADDITIVE ALTERNATIVE $ I0'2- 2(;J. TOTAL BID AMOUNT IN WORDS: OL i J l✓i r= /' i�lit ' `its p� 'i-Li t> Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-3.1 LIST OF SUBCONTRACTORS In accordance with Govenunent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Antount Contract Number 49, 51-54 G Team Landscape Construction, Inc 755 E. Washington Blvd., Pasadena, CA 91104 1035403 C27 1000055351 $69,906.70 Y ,�jL] t) RAFFI 1335 N Maryland Avenue Glendale, CA 91207 593853 C16, C36 1000055814 � � 11-V �tq i"�f�,'� 11 i11q If�12y- [�v�ai i i lf� ` R "f; Zl ���tl �- c i2 f (:oa(t 1V) 4Jll 1r n�" By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 05/23/18, at Pasadena , CA Date City State Tomas Torres being first duly sworn, deposes and says that he or she is President of Access Pacific 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. Access Pacific, Inc. Name of Bidder Signature of Bidder 755 E. Washington Blvd. Pasadena, CA 91104 Address of Bidder 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 ATLANTA AVENUE WIDENING, (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: 05/23/18 Access Pacific, Inc Contractor Tomas Torres By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U( No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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: 05/23/ 18 Access Pacific, Inc. Contractor Tomas Torres \ By President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Access Pacific, Inc Bidder Name 755 E. Washington Blvd Business Address Pasedena California 91104 City, 626 1792-0616 State Zip estimating@accesspacific.com Telephone Number Email Address California 930437 A,B State Contractor's License No. and Class 03/26/2009 A, B Original Date Issued 05/31 /2020 Expiration Date The work site was inspected by N/A of our office on 201_ The following are persons, firms, and corporations having a principal interest in this proposal: Access Pacific, Inc., Tomas Torres 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. Access Pacific, Inc Company Name Signature of Bidder Tomas Torres , President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 23 day of May , 201 8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 23, 2018 Month, Day, and Year before me, &bAwa' �QWA 4k Insert Name and Title of Notary personally appeared Tut' 6 T005 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature BELEN SOBALVARRO ° • Notary Public - California �' Los Angeles County {s'" Commission 4 2219172 My Comm, Expires Oct 21, 2021 ignature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of- way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Department of Public Works, Los Angeles County 900 Fremont Ave. Alhambra, Ca 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: Elizabeth Ajaelo (626)3003241 $1,890,060.27 Pedestrian trail. ADA Access ramps 01/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Pedestrian trail, ADA access ramps,retaining walls, drought tolerant native vegetation landscaping irrigation, site furnishing, steel gate and arbor trail fabrication, and hardscape improvements 2 LACCD 1200 West Floral Drive Monterey Park CA 91754 Name and Address of Public Agency Name and Telephone No. of Project Manager: Eugene Santos( 323) 859-2338 $4,313,000.00 ADA Accessible Ramps and Side walk 07/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: ADA accessible ramps, and sidewalk curb, pedestrian bridge, landscaping and irrigation, asphalt roads, wrought iron, chain link fenc, handrail, exterior light post, storm drain LACCD 13356 Eldridge Ave, Sylmar, CA 91342 Name and Address of Public Agency Name and Telephone No. of Project Manager: Natalie Mason (310) 486-2422 $1,010,000.00 Contract Amount Demo Existing Type of Work 12/2017 Date Completed Provide additional project description to show similar work: Demo existing street, curb and sidewalk light post. Install new underground utilities, new sidewalk, concrete street and light post. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Eduardo Ruvalcaba Name of proposed Project Manager Telephone No. of proposed Project Manager: (626) 792-0616 ELAC $4,313,000 ADA upgrades, concrete and asphalt work 07/2017 Project Name & Contract Amount Type of Work Date Completed LAMC- Pasha $1,010,000 Demo, sitework, utilities, concrete work 12/2017 Project Name & Contract Amount Type of Work Date Completed Thousand Oaks- West Lake Staging $686,000 Grading, install parking lot, signals. 04/2018 Project Name & Contract Amount Type of Work Date Completed 2 Oscar Gonzalez Name of proposed Superintendent Telephone No. of proposed Superintendent: (626) 792-0616 ELAC $4,313,000 ADA upgrades, concrete and asphalt work 07/2017 Project Name & Contract Amount Type of Work Date Completed LAMC- Pasha $1,010,000 Demo, sitework, utilities, concrete work 12/2017 Project Name & Contract Amount Type of Work Date Completed Thousand Oaks- West Lake Staging $686,000 Grading, install parking lot, signals. 04/2018 Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search. action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 05/23/18 DIR #: 1000005406 Access Pacific, Inc Contractor Tomas Torres By President Title C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all 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: Access Pacific, Inc. Contact Person: Tomas Torres Contact Phone: (626) 792-0616 Signed: 7rD�� Date: May 23, 2018 *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-13 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor `(.X)N ���� b ����8 1 N (, , hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ,proposed subcontractor , hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ,proposed subcontractor 14 0 1V,2, , Nyvc , 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. i Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted'by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder- -, proposed subcontractor OTP11 �Tl (;'�yiC'iS �: ��' E Wad r� (-h ni , o hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder , proposed subcontractor �-CJfi hereby certifies that he has . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 PUBLIC CONTRACT C O D E PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, been convicted has been V has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Tomas Torres 05/23/18 Signature Print Name Date PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. C-15 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Tomas Torres 05/23/18 Signature Print Name Date C-16 Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of Huntington Beach DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Tomas Torres 05/23/18 ignature Print Name Date C-17 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in detennining 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. Tomas Torres 05/23/18 Signature Print Name Date C-18 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Tomas Torres 05/23/18 Signature Print Name Date C-19 EXHIBIT 10-Q 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 3. Report Type: Action: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f, loan insurance 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. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. For Material Change Only: year quarter date of last report 5. 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: 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ ❑ actual ❑ planned a. retainer b. one-time fee 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 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 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No ❑ 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required Print Name: pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required Title: disclosure shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. Telephone No.: Date: Federal Use Only: Distribution: Orig- Local Agency Project Files Standard Fnnn LLL Rev C-20 Authorized for Local Reproduction Standard Form - LLL EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q 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 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. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. 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). 12. 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. 13. Check all boxes that apply. if payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. 15. 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. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL- Instructions Rev.06-04 C-21 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment Exhibit 15-G Construction Contract DBE Commitment 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: Clearing and grubbing, the construction of asphalt concrete roadwork. 4. Project Location: Atlanta Avenue Widening 5. Bidder's Name: Access Pacific, Inc 8. Total Dollar Amount for ALL Subcontractors: 10% 6. Prime Certified DBE: l9 7. Bid Amount: 9. Total Number of ALL Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount 1� 4216 ccess acl Ic, Inc 755 E. Washington Blvd. Pasadena, CA 91104 , . " �. 1 1 e►k�i;�� � S, Local Agency to Complete this.Section � 15. TOTAL CLAIMED DBE PARTICIPATION $ 21. Local Agency Contract Number: 22. Federal -Aid Project Number: 23. Bid Opening Date: VVV"o 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate. each listed D E is required. c 05/23/18 25. Local Agency Representative's Signature 26. Date 16. Preparer's Signature 17. Date Tomas Torress (626) 792-0616 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone President 29. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 C-22 July 23, 2015 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment INSTRUCTIONS —CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non -DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to detenmine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - S: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Arnount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the naive of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their naive to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. Page 2 of 2 July 23, 2015 C-23 July 23, 2015 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. BPMPh_5181 (165) Bid Opening Date 05/24/18 The —established a Disadvantaged Business Enterprise (DBE) goal of 10 % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications N/A Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation N/A C-24 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) Of (Y/N) Contract N/A D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: N/A Names, addresses and phone numbers of firms selected for the work above: N/A E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: N/A C-25 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results N/A H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): N/A NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. C-26 Local Assistance Procedures Exhibit 12-B Bidder's List ol•Subcontractors (DRE' and Nf3NAME<') Exhil)it 12-B Bidder's List of subcontractor (DBE and Nan -DBE) Part l 1, of Kilarch 1, 2015 CotllraCtors (and suh-contractors) wishing to bid on public %works contract,~ shall be registered Willi the Slate DivLsion of Indusinal Relations and L si i'liliLL1 lEl l�ltl ll ll Public 1Vorks rontracIS. Plca4c rC"istt:r at: Ilf lf�s;', ar lilitt<=-ilir.:;tV�3i����'1'11�'CI�!r14t14,115c.]_��1Lt''tll•l l��rl�'tiltil7i,lt�P ti'C'3:�.', i,l r�lfii>_ti1 `��i't�7 Ill .1ccor-tl;It,L:c with "title =ill, Swicin 26J 1 of the: Codc of Federal Regulations, and Section 4104 of the Public Conli•:lct C'ocle of the State of California, as amended, the followw•in., 11111r1'111:ltion IS rl ,thee for each subcontractor Who will 1?ed-on" work- "not,11611g, to morc than one hall• of• one percent (0.5'%.) of dic Total Base Bic] or S 10,000 1, :•I,..,,•+e• is :no",ti•e•1 Ilhnlnrnlic, fhk farm im- nddiffnn.11 firms_ I-edcral Protect plumber: SHbCtllltr:Ycior IN:n1te :lute Vocalion Dille. Item De%tit:riplioll Sill,contract Amount Percentage of [lit] Item Suh- colitr8cted Contractor License Number DBE (YIN) DBE'Cerl Number Annual Gross Receipts Dill. Reg Number 9t 1 Ifjlr�' 9r, .1. � I q C� tr 54 i ! I +1 1` �� .l rn C1 r �•+ t {" i i t A. !'t <$ l Indlloil 5 Million C'ii}, titatL": [•;� i'�'! y l r-t ❑ <S10 million <SI i InifEina Name- I ! 1 ��rV{ 4r�f ' if tVIJ L+t i% 1 y� c ! `7C7 p�' off ��'fL. P ` J <S' Inilli<u, L.IIt'. �l:tli: rr f l! Cp_ € f <,,m million f ii {L1ALr5- 0 <$15 uli1hon e ul Firnl: `V 1�fi s It:I i1t. 3 3�c'•Cf I�Itk V'i:}J ¢{ s t v , { } i{�i l f I ("%'f`}r+ El/,p� ' i f 4 { r �• - x] f v '•'i. lV "��nt, J�`V' ❑ �4! 1nillicrtl [] �?a n,illiol, Cily, Sulic, Are, e, kw'1 m , L^r i�IG't L•t�":I -., 1i111,lIIIl1TF ❑ �S[5 million Aoc ul I'Iran:'21 vrs. }: 1Tr d }� Vjlfl.t��'6�iJ il{.' (i �'�I:,.}#1 �'�(,rJ � j fT ?�9i .1 f i ` � ! # L' � ; t t -, C 7�i;1' i t ? _ c C j�� •� e✓` `? ! y �4 �"P�i� I N/A II 4�/� <S1 million � I11FllYVil L ify. ta[:llr: ��lt ilif Gf /ij 1 i 1lill": (� y v 1 f[ r' 3(l �.i f W: '�'"11�Sj' =SIU million `S15lnilhun Age of l irm: ym '�SI I111111f?n <S5 milkicYn �? (AlI l l i 4 r t" i , (L .� { n =`'�' If? ll,llltrrll $15 million Age ui firm: Irs. =S1 anillitln c55 million C 6. `dale; ❑ 41{) 1T3iliiafn <S15 million Aqt 01' firm: Di,srif anon: I I original-l-ocol File ?) Cup-y-Df_f'1E w/ Award Package Pa;;e I of? January 21118 Local Assistance Procedures Exhibit 12-B Bidder's List of Subcontractors (DBE and NON -DBE) Exhibit 12-B Bidder's List of subcontractor (DBE and Non -DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor oil this project. Photocopy this form for additional tinns. Subcontractor Name and Location Line Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (Y/N) DBE Cert Number Annual Cross Receipts D1R Reg Number Name: F r -$ l million -_$5 million City, State: ❑ <$10 million c-$15 million Age of Finn:yrs, Name: million LJ <$5 million City, State: LJ <S10 million ❑ e$15 million Age of Firm: Yrs. Name: °' =. ._�. Y ? •x'_ -' ''' ?..� �$l million ❑ -$5 million City, State: ❑ <$10 million ❑ =$15 million Age of Finn: yrs. Name: ""'=x``" :. $1 millioii El =$5 million City, State: 10 million ❑ <$15 million Age of Firm: yrs. Name: AV f `' M° ' '.'.„�,; }--f ❑ <S l million <$5 million City, State:� ❑ <$10 million ❑ <$15 million Age of Firm: Yts. Name:El „ >,. µ` e$1 million ❑ <$5 million City, State: Y ❑ �$10 million ❑ =$15 million Age of Firm: r . Distribution: 1) Original -Local Agency File 2) Copy-DLAE NW Award Package Page 2 of 2 January 2018 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 14, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: PLANS 1. The following plan sheets have been revised and supersede the previously issued plan sheets, respectively: Sheet Nos. 2, 5-7, 9-10, 14, 16-20, 22-27, 30-31, 38-39. SPECIFICATIONS 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-11 Section 6-7.1 Paragraph 1 [Replace with] The time within which the Work must be completed by the Contractor is fixed at 180 working days, including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, issued by the AGENCY to the Contractor, exclusive of maintenance periods. To minimize the inconvenience to the residents of the Surf City Beach Cottages community, the Contractor shall prioritize on -site improvements. Street improvements, except those necessary to complete the on -site improvements, shall not hinder the completion time of the on -site improvements. Therefore, the Contractor shall account for at least two phases or move -ins by the various trades as necessary. The AGENCY will not issue the Notice to Proceed until the contractor has submitted and the AGENCY has approved a construction schedule that meets this criteria. 4. Page E-12 Section 6-7.1 Paragraph 5 [Replace with] Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays. 5. Page E-13 Section 7-1.1 Paragraph 1 [Replace with] A noise level limit of 95 dB at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level or any other stricter requirements in the contract documents. 6. Page E-15 Section 7-8.3 [Replace with ] This project requires that a temporary acoustic barrier be installed between the mobile home units, most adjacent to the construction site, and construction activities. The location of the acoustic barrier may be adjusted once the temporary circulation road and areas identified as "Future Parking Stall", which will serve as hammer head turn arounds for the residents, have been constructed or as directed by the ENGINEER throughout the project duration. 7. Page E-17 Section 7-10.2.1 Paragraph 4 [Replace with] Full compensation for conforming to this requirement shall be included in the lump sum price bid for Project Traffic Control Plan and no additional compensation will be allowed therefore. 8. Page E-20 Section 7-10.5.1 Paragraph 3 [Replace with] A Temporary Construction Easement is available for work on the Surf City Beach Cottages private property. The acoustic barrier may serve as construction fencing, however, fencing along the private streets shall not hamper access nor circulation by the residents. Any fence straddling the private streets shall have the ability to be opened by emergency personnel should it be required to enter the work site. The Temporary Construction Easement allows for blockage of the adjacent remaining mobile home units for a maximum of 10 days (with 72-hour notification), in order to facilitate necessary adjacent construction activities. 9. Page E-21 Section 9-3.1 Paragraph 1 [Replace with] Payment for items of work not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no payment except for the bid items specified in the Proposal. The cost of all work shown in the Plans or Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional payment shall be allowed therefor by nature of compliance with the Plans and Specifications except as provided in Sections 3, "Changes in Work" of the Greenbook, as modified in these Special Provisions. 10. Page E-23 Section 203-11.3 [Replace with] Asphalt -rubber hot -mix gap graded surface course, when specified on the plans, shall be Fiber Reinforced ARHM- GG-C PG 64-16 (1/2") and shall conform to the requirements of Section 203-11 and Section 302-9. The asphalt binder to be mixed with the mineral aggregate shall be paving asphalt conforming to the Performance Grade specifications of Section 203-1. The grading of the combined aggregates for rubberized asphalt concrete shall conform to the requirements of Table 203-11.3. Fiber Reinforcement shall be FORTA-FI or Agency approved equal. The fiber -reinforced asphalt concrete pavement shall include the submittal of a manufacturer's Certificate of Compliance stating the material authenticity and properties for review and acceptance by the Engineer before using the material; store fibers in a dry environment and do not allow being in contact with moisture. Add asphalt reinforcement fibers into the asphalt concrete at a rate per ton of asphalt in accordance with the manufacturer's recommendations; add fibers at the plant either manually or through specialized equipment that can accurately proportion or meter by weight; add the proper amount of fiber per batch for batch plants, or add fiber continuously and in a steady uniform manner for drum plants. When a batch plant is used, add fiber to the aggregate in the weigh hopper, and increase both dry and wet mixing times and ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture. When a drum plant is used, inject fibers through the RAP collar by placing the proper amount of fibers recommended by manufacturer on the RAP belt or by feeding them through a blower tube; feed fibers at a rate dictated by the rate the plant is producing asphalt mix. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. 11. Appendix N [Replace with] The Federal Labor Rates contained in Appendix N of the Project Specifications for the Atlanta Avenue Widening, C.C. No. 1319 shall be replaced with the attached FEDERAL LABOR RATES (Publication Date 05/04/2018). The attached FEDERAL LABOR RATES (Publication Date 05/04/2018) shall be the Federal labor rates in effect for the above named project. This is to acknowledge receipt and review of Addendum Number One, dated May 14, 2018. Access Pacific, Inc. Company Name May 23, 2018 Date Tomas Torres 2_�Aqi� By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 7%. For the Federal Trainee Program, the number of trainees required is 2. 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-12 Section 6-9 — All references to Liquidated Damages shall be revised as follows: Liquidated Damages shall be $1,800.00 per calendar day. 4. [Add the following Sections and Subsections:] 300-3 STRUCTURE EXCAVATION AND BACKFILL. 300-3.1 General. Add the following: Structure excavation shall consist of removal of material for the construction of the masonry retaining walls 300-3.3 Foundation Material Treatment. Add the following Contractor shall remove a minimum of 3ft of existing soil underneath the proposed retaining wall footings and replace with lean concrete or imported granular soil compacted to at least 90% of the maximum density determined by current ASTM Soil Compaction Method D 1557. Fill soils and the bottom areas should be observed and approved by the representative of the ENGINEER prior to placement of fill. 300-3.5 Structure Backfill. 300-3.5.1 Requirements. Add the following: The retaining wall should be backfilled with approved granular soil compacted to at least 90% of the maximum dry density of the soil. 303-1 CONCRETE STRUCTURES. 303-1.1 General. Add the following: Portland cement concrete structures shall conform to the provisions in Sections 201-1 and 303-1 of the SSPWC and these special provisions. The work includes but is not limited to bridge abutments, footings, and wingwalls, including bar reinforcement, constructed to the lines and grades shown on the plans. The Contractor shall provide concrete mix designs for all concrete applications which meet the specified strength requirements. The proposed mix designs and aggregate gradations shall be submitted per Section 2-5.3 of the SSPWC. The following requirements apply to 4000 psi compressive strength concrete: (a) The concrete shall attain a twenty-eight day strength such that the average of any three consecutive compressive strength tests shall be equal to or greater than 4000 psi, and not more than 10 percent of the tests shall be less than 4000 psi. No test shall be less than 85 percent of 4000 psi. (b) The concrete shall include a minimum of 610 pounds to a maximum of 750 pounds of Type V cement per cubic yard and a City -approved water -reducing admixture. Type I or II cement may be used if soil sulfate levels are determined by a geotechnical engineer are sufficiently low. Shotcrete shall not be used as an alternative construction method for reinforced concrete members unless otherwise specified. 303-1.7 Placing Reinforcement. 303-1.7.1 General. Reinforcement shall be in accordance with the plans, these provisions, and Sections 201-2 and 303-1.7 of the SSPWC. 303-1.11 Payment. Add the following: See Section 303-4.2.4 for measurement and payment of Bid Item 24. 303-4 MASONRY CONSTRUCTION 303-4.1 Concrete Block Masonry. 303-4.2.1 Materials. Add the following: The following colors shall be used for the Retaining/Screen Block Wall (Bid Item 24): Wall block color shall be TAN, split -face 1 side (Orco block or equivalent as approved by the Engineer). Pilaster block color shall be OTAY BROWN, split -face on exposed sides only (Orco block or equivalent as approved by the Engineer). Grout color shall be NATURAL GREY (Orco block or equivalent as approved by the Engineer). Wall cap shall be Classic Smooth GRANADA WHITE (Stepstone, Inc. or equivalent as approved by the Engineer). Pilaster cap shall be Classic Smooth GRANADA WHITE (Stepstone, Inc. or equivalent as approved by the Engineer). Block color(s) for proposed on -site walls shall match existing color as approved by the Engineer. 303-4.2.4 Measurement and Payment. Replace entire section with the following: The cost of all labor and materials necessary to construct the proposed Retaining/Screen Block Wall with Subdrain System (Bid Item 24) complete and in place per the Plans and Specifications, including but not limited to: structure excavation and backfill, compaction, structural concrete, bar reinforcement, grout, 4", 8", 12" CMU blocks, wall/pilaster caps, perforated pipe, drainage rock, filter fabric, waterproofing, drainage board, delivery of materials, coordination with utility owners, etc., shall be included in the contract unit price bid per linear foot and no additional payment will be allowed therefor. SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.1 General. Add the following provisions and subsection: Chain link fence shall consist of chain link mesh, fence framing, and fasteners. Chain link fence shall conform to the provisions in Section 206-6, "Chain Link Fence," of the SSPWC and these special provisions. Contractor shall provide Engineer with sample of product for review and approval prior to fabricating. The chain link mesh shall be 11-gage (0.148-inch diameter), Type IV, Class B, bonded vinyl coated fabric, conforming to the requirements in AASHTO Designation: M 181. Mesh size shall be 1 inch. The strength of the bond between the coating material and steel of the bonded vinyl coated chain link fabric shall be equal to or greater than the cohesive strength of the polyvinyl chloride (PVC) coating material. Contractor shall provide fence framing along all edges of the chain link mesh. Framing shall serve as a support for the mesh and shall consists of steel flat bar on each side of the chain link mesh. Minimum size of steel flatbar shall be inch by 1 '/2 inch. Steel flatbar shall be fabricated with holes for fastening the fence to the truss supports. 5. Page E-32 Section 303-5.9 [Revise the last sentence as follows:] "Additionally, all depressed curb and gutter, variable height retaining curbs, concrete sidewalk, etc. (as required by the Plans and Specifications) located within the limits of the new curb ramp (from BCR to ECR), cross -gutter, or driveway/alley approach as shown on the Details (Sheet 11 of the Plans), shall be considered as part of said ramp, cross gutter, or driveway approach and shall be paid for at the contract unit price bid for each item, respectively." This is to acknowledge receipt and review of Addendum Number Two, dated May 17, 2018. Access Pacific, Inc. Company Name May 23, 2018 Date Tomas Torres By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. [Add the following Sections and Subsections:] 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. [Replace entire section with the following:]. 6-1.1 Construction Schedule. The AGENCY shall schedule and conduct a Pre -Construction Scheduling Conference with the Contractor's Project Manager and Scheduler within 10 days after approval of the contract. At this meeting, the AGENCY will review the requirements of this section of the special provisions with the Contractor. The Contractor shall submit: a general bar chart displaying the major work categories, type of work activities (based on the contractors' schedule of values for each lump sum bid item) which show the sequence of planned operations. BETWEEN CONTRACT AWARD AND NOTICE TO PROCEED (NTP), THE CONTRACTOR IS REQUIRED TO FINALIZE, SUBMIT AND OBTAIN APPROVAL FOR THE PROJECT BASELINE SCHEDULE. THE AGENCY MAY ISSUE AN NTP, HOWEVER, ACTUAL CONSTRUCTION WORK WILL NOT BE ALLOWED TO COMMENCE UNTIL THE BASELINE SCHEDULE HAS BEEN APPROVED. 6-1.2 Commencement of Work. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM). The scheduling software to be utilized for the project shall be Primavera or Microsoft Planner product, or equal, if approved by the AGENCY. An electronic copy of both the baseline schedule and any subsequent updates will be supplied to the AGENCY. The Contractor will be responsible for any additional costs associated with an AGENCY's request, at any time during the contract period, to further define an element of the work by inserting activities, coding or logic ties that will assist the AGENCY in understanding the intent of execution of the scope -of -work. Change orders Time adjustments Non-compliance notices 6-1.7.2 Bar Charts. • Baseline Schedule — Once approved, the Engineer will finalize the desired format and the Contractor will provide 2 plotted copies (36"x42") to the AGENCY. • Schedule Updates — Once the baseline schedule is approved, the Contractor will provide 2 copies of the updated schedule in the same format and size as that of the baseline. (11 "x 17") 6-1.7.3 Other Reports. The AGENCY may use aforementioned electronic date to generate the majority of reports not covered above. The Engineer may request, from time to time, other reports. 6-1.8 As -Built Schedule. The Contractor shall submit an As -Built Schedule covering Work performed under this contract within 10 calendar days after final completion. The As -Built Schedule shall be certified by the Construction Manager as being the manner in which the contract was executed. This submittal shall be a condition precedent to the release of retention money at the end of the project. This is to acknowledge receipt and review of Addendum Number Three, dated May 17, 2018. Access Pacific, Inc. Company Name May 23, 2018 Date Tomas Torres By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER FOUR For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 21, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 8.3%. For the Federal Trainee Program, the number of trainees required is 1. 2. PROJECT BID SCHEDULE A [Replace with attached] This is to acknowledge receipt and review of Addendum Number Four, dated May 21, 2018. Access Pacific, Inc. Tomas Torres Company Name By May 23, 2018 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. G REAT ERICAN INSURANCE COMPANIES KNOW ALL MEN BY THESE PRESENTS, THAT WE Access Pacific, Inc. as Principal, and Great American Insurance Company Bond No. N/A as Surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum of Ten Percent of the Total Amount Bid lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 16th day of May 20 18 WHEREAS, the said Principal is herewith submitting proposal for Atlanta Avenue Widening (From Huntington Street to Delaware Street) Federal Aid Project BPMPL-5181 (165) C.C. No. 1319 and the principal desires to file this Bid Bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the Surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Access Pacific, Inc. (SEAL) TU1'i��� OrrQ,I i SEAL) Great American Insn'rarce Company /--- SEAL) SEAL) s 64en t10197l (North c.rm��o.) Attorne -to fait Y William Syrkin GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No. 0 15080 KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RICHARD ADAIR REBECCA.HAAS-BATES ALL OF ALL WILLIAM SYRKIN GLENDALE, $100,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. INWITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 16TH day of AUGUST 1 2017 +�4Attest GREATAMERICAN INSURANCE COMPANY F\�vinsug4�Fal III 111 , mac Assistant Secretary - Divisiona(Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHw (677-377-2405) On this 16TH day of AUGUST 2017 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. A KOfad N- Nowyw3wof.f 'yCwkdm I�I&ad{mow,� a -:;��4tuv This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other lvritten obligation in the nature thereof, such signature and seal ii hen soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION 1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of��Gl�� Assistant Secretary S1029AF (06/15) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On May 16, 2018 before me, A. M. Peluffo, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin NameN of Signer( who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/are subscribed to the within instrument and acknowledged to me that he/ /tk y executed the same in his/he`/their authorized capacity(isj), and that by his/her/tNE& signature(s) on the instrument the persori(e�, or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 65- WITNESS my hand and official seal. A. M. PELUFFO Commission # 2085671 Notary Public - California z Signature f Z Los Angeles County n Signatur Notary Public My Comm. Expires Oct 12, 2018 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin D Corporate Officer — Title(s): D Partner — D Limited ❑ General D Individual X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: Great American Insurance Company Signer's Name: D Corporate Officer — Title(s): D Partner — D Limited ❑ General D Individual ❑ Attorney in Fact D Trustee D Guardian or Conservator C Other: Signer Is Representing: L4`.«.4-.v:�_':i �.v - ,v4�✓,c.y<.y4�<..y .y<.y.y4�.4'✓i�avi.'ei:�4'✓.-.v4'rii�•✓ ✓4�✓4t'. 4'•✓4\✓4`.4���'J<'•✓4'yG�.'y. ✓<'yA�< •✓ 'y�� '.v ' �.4 � Bidder: Ap ACCESS PACIFIC 755 E, `Mashingtou 61va. Pasadena, Calitomia 91104 SEALED BID ATLANTA AVENUE WIDENING C.C. No. 1319 DO NOT OOEN WITH REGULAR MAIL City of Huntington Beach Office of the City Clerk 2000 Main Street, Second Floor Huntington Beach, California 92648 Bid Due: May 24, 2018@2:00 PM City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk September 4, 2018 Palp, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE: Atlanta Avenue Widening— CC No. 1319 Enclosed please find your original bid bond for CC-1319. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities. Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of ATLANTA AVENUE WIDENING (FROM HUNTINGTON STREET TO DELAWARE STREET) FEDERAL AID PROJECT BPMPL-5181 (165) C.C. No. 1319 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 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and. time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, fmd Aama 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 for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: P. Brown III lent P. Brown III lent P. Brown Ili ent C-2 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 Item No :- Description h Quantity , Umt : Untt Gost . TotMI Cost - xtens�o �"(E .ion: 1 Mobilization 1 LS $ yO9v� $ Kmm ��• 2 Prepare Traffic Control Plan 1 LS $ �1900. $ 3 Furnish Project Traffic Control 1 LS $sZ.zyow,' $ 4 Prepare Project Specific SWPPP to address Construction 1 $ 3�•' $ 3000.E BMP's. LS 5 Furnish, Install and Maintain Construction BMP's 1 LS $15arv'' $ 2500D.-', 6 Furnish, Install and Maintain 8' High Temporary Acoustic Barrier Demolition Plan 1 LS $/ VC0. $ Wo 080. per 7 Demolition, Clearing & Grubbing (Including Disposal) 1 LS $1200cm.� $ ZOip UDO.� 8 Unclassified Excavation 3,000 CY $ 7Z. $ Z1&0GV.X 9 Soil Excavation 300 CY $ g0.' $ 197000.' 10 Cold Mill Existing A.0 to a Variable Depth (0.50' max.) 53,600 SF $0 r &0 $ 3AI &,p i 11 Sawcut, Remove Existing, and Construct 0.71' Fiber Reinforced B-PG-70-10 A.C. Base Course 1,300 TN $ /! 3. $ 12 Construct Fiber Reinforced B-PG-70-10 A.C. Base Course to a Variable Depth (0.1T-0.33') per Plans 1,040 TN $ 91/. - $ 10136, D, 13 Construct 0.17' Fiber Reinforced ARHM Overlay 930 TN $ lD. $ /Oa 3uu� 14 Adjust City Sewer Manhole to Grade 2 EA $ A9 $ .2y00, 15 Adjust Storm Drain Manhole to Grade 1 EA $ 00, $ 16 Replace Water Valve Box Assembly and Adjust to Grade 13 EA $ 7 30. " '! $ Y fl 17 Construct 4" Domestic Water Service and Meter per Water 1 $S(9Ow- $ 5&606."' Service Relocation Plan LS 18 Construct 6" Fire Service per Water Service Relocation Plan 1 LS $ 5,zo�0,' $ Sod-00®• 19 Construct New Fire Hydrant Assembly per Water Service Relocation Plan 2 EA $ /? cw.' $ 3,10ay. � 20 Relocate Gas Service per Gas Service Relocation Plan 1 LS $/v8ow." $ 0 000. 21 Furnish and Install Street Light and Appurtenances per Street 6 $ IIODD. $ 1DLo00D Lighting Plan (Sheet 36) EA 22 Construct Traffic Signal and all Appurtenances 1 LS $ _VCW.' $ Bcl 0D0.� 23 Furnish and Install New Detector Loops 24 EA $ -?60. ` $ kepP- "' C-2.1 ADDENDUM 4 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 liItem ,. Desjcijpfion, Quantity ,'%'� Unit Cost TotalCost � N'r. t "r S1 24 Construct Retaining/Screen Block Wall with Subdrain System (See Specifications) 520 $ ZCV, $ SSVCm." 25 Construct 8" Curb & Gutter 530 LF $ $ A 486, 26 Construct 4" PCC Sidewalk 2,650 SF $ '9' $ 27 Construct Commercial Driveway Approach 840 SF $ 00 — m. 28 Construct Residential Driveway Approach 220 SF $ $ 1760, 29 Construct Curb Access Ramp 3 EA $6-cco.- $ 30 Construct PCC Spandrel 275 SF $ $ 31 Construct Parkway Drain 32 LF $ Z:50 $ 8 clov 32 Construct 4' High (Max) Retaining Wall (Option 2) 8 LF $ 3col $ Z-qco, 33 Construct 6' High Screen Block Wall (Option 1) 34 LF $ (00 $ I.Sto Co. 34 Construct Chain Link Pedestrian and Drive Gate with Knox 110 $ $ Box LF 35 Remove Existing and Construct Wooden Fence Extension to Match 1 LS• $ $ '7 Perpetuate Existing Point of Control, Construct Survey 36 Monument Well per City Std Plan 219, Prepare and File $ Corner Record 3 EA 37 Restore Off -site Survey Monumentation, Prepare and File 10 $ $ Corner Record (Pre- and/or Post -Construction) EA Restore On -site Survey Monumentation established by Tract 38 Map 17397, Prepare and File Corner Record (locations to be $ $ determined by Engineer) 34 EA 39 Remove and Construct New On -Site Domestic Water System 1 LS $ -7 Vocv $ 710CM.- 40 Remove and Construct New On -Site Fire Water System I LS $ RoCC& • $ gopco.�_ 41 Remove and Construct New On -Site Electrical System 1 LS $ 90co./ $ 9001P - - 42 Remove and Construct New On -Site Gas System 1 LS $ _X60 CM I $ $9 .0,01P - 43 Remove and Construct New On -Site Sewer System 1 LS $ Y$000. � $ q5vop . ", 44 Construct On -Site Fill Slope (2:11 Max) 250 CY $ $ 45 Construct 6" PCC Curb 320 LF $ 46 Construct 24" Wide PCC V-Gutter 700 LF $ $ C-2.2 ADDENDUM 4 SECTION C PROJECT BID SCHEDULE A ATLANTA AVENUE WIDENING, CC 1319 Item. Description Quantity Unit Unit Cost Tofal Cost " �' "' "z.' , h ::.�.,. xfension 71 47 Construct 2" A.C. over 95% Compacted Subgrade 6 TN $ 48 Construct 6" A.0 Pavement over 95% Compacted Subgrade 475 TN $ /$D ,� $ 71aSD , ,' 49 Furnish and Install 2" Thick Decomposed Granite 60 CY $ Y00. $ aY000 , / 50 Construct Trash Enclosure 2 EA $/%DOD. 51 Construct Irrigation System and Appurtenances per Irrigation 1 $ 7WO,i Q $ 12GO- Plan LS !-7 52 Furnish and Install Trees per Landscape Plan 48 EA $ �{�D. $ ZD !v s{O . 53 Furnish and Install Planting Materials per Landscape Plan 11,370 SF 54 90-Day Plant Establishment and 1-Year Landscape 1 Maintenance LS 55 Construct Engineered Fill for Street Widening 2,000 CY $ 56 Remove and Construct New On -Site Telecommunications 1 $ �ODD,� $ Dom• / System LS 57 Furnish and Install Signing and Striping per Signing and 1 5q,5oow, $ Striping Plan LS 58 Furnish and Install Signing and Striping for On -site Fire Lane 1 LS S a2 'C) S ��-�• / TOTAL BID AMOUNT — SCHEDULE A (BASIS OF AWARD) $ D9� GI TOTAL BID AMOUNT IN WORDS: (Basis of Award) Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-2.3 ADDENDUM 4 SECTION C PROJECT BID SCHEDULE B ATLANTA AVENUE WIDENING, CC 1319 ADDITIVE ALTERNATIVE 1 1 Traffic Control Plan 1 LS $ A"O,' 2 Furnish Project Traffic Control 1 LS $ 5CV0. $ 3 Project Specific SWPPP to address Construction BMP'S. 1 LS $ 41190. $ '�00•- 4 Install and Maintain Construction BMP'S per Approved 1 $ SWPPP LS 5 Cold Mill Existing A.C. to a Min. Depth of 0.17' 13,300 SF $0'S Z $ 6 Cold Mill Existing A.C. Pavement Section to a Min. Depth of 3,300 i $ $ 0.33' SF Construct 0.17' Fiber Reinforced Asphalt Rubber Hot Mix Wet Process Overlay. 255 $ % 50, $ 38-;z5O ,"' (AHRM) TN , 8 Install New Detector Loops 1 LS $f-FiM, � $ a9OD•� 9 Prepare Corner Record (Pre and/or Post Construction) for 1 $ 800 $ SOO, Survey Monumentation LS 10 $ $ 11 $ $ TOTAL BID AMOUNT — SCHEDULE B ADDITIVE ALTERNATIVE $ TOTAL BID AMOUNT IN WORDS: Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right including or removing Bid Schedule B in the award of contract. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. LS' A' OL • C0T- 3170 _rAVo� �Vjwyv C 0V 100000 �SzS ibor✓+v.' Z � I 5 ? g�j27DS D/ Jf"c/gE�, i w tm q q �8 a 3:5 50 5 �? % C/74 T zo �� q� L u ono A4k,- /9 g079 yax�•' 10 /ovt�ao 3 S �2?,a��+- S6J67y C/3 Y9�S 558=,' / VT' d°4 zi-Z.3 5L l y� 38 ,.�°�Piw�+� pZZgS� GI,U DSSo /73�•' 7/z 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF SUBCONTRACTORS 4 04 h B'dd h 11 t f rth th d b sines In accordance with Government Code Section 1 , t e i eI s a se o e name an u address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at MAY 9.. 4 MA , Date City State Curtis R Brown III being orn, deposes and says. ,that he or she is President of the party making the foregoing bid.that the bid is not made in the interest or, ny undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,. or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Sigdature of Bidder 2230 LEM01.4 AVENUE LCNQ 3EACH, CA W806 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On MAY 2 4 2018 before me, C. Phillips, Notary Public , Notary Public, (Here insert name and title of the officer) personally appeared Curtis. P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai/e subscribed to the within instrument and acknowledged to me that he/s*/tj4y executed the same in his/)r/tWar authorized capacity(ies), and that by his/l*/th)kr 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 of Notary C. PHILLIPS COMM, 0217 0177 � Notary Public -California ,r i;„ LOS ANGELES COUNTY (Notary Seal) r,, My Conlin. Ex{alres Oct 29, 2020 E 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 of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/4*y, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service. Inc, - All Rights Reserved wwwTheProLinkcom - Nationwide Notary Service 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 ATLANTA AVENUE WIDENING, (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: MAY 2 41019 PAR. FLU SACEL KVNGC Contractor By Title C-s Curtis P. Brown III President. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a viola/NO ion of law or a safety regulation? ❑ Yes If the answer is yes, explain the circumstances in the space provided. a Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 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: MAY 2 4 ?PIB P I EL PAYFOIG C Contractor By Curtis P. Brown III President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, 562? 499 State Zip U. Telephone Number -J Email Address 7 u State Contractor's License No. and C ass Original Date Issued Expiration Date The work site was inspected by'� v►y `��S of our office on r $ , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: rnrtaS P Rrowp III RNsWont and Chief Emeentive 902eer David A. Drukker Vice President and Chief Financial Officer Marcia S. Miller Secretary Michele E. Drakulich Assistant Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. P VCQMMW Company Name of Bidder Curtis P. Brown III President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this _ day of MAV 9 d ,n1Q , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CA6:1'P0H1,%A County of LOS ANGELEc On MAY 2 4 ?018 before me, Month, Day, and Year Curtis P. Brown III personally appeared C. Phillips, notary Public Insert Name and Title of Notary Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C-9 COMM, #21-101.77 Notary PUblic-California LOS ANGRES COUNTY Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of- way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 3H ATTACHES; 1 2 9 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 2 Name of proposed Proj Telephone No. of proposed Project Manager: (562):,99-1;u41 Project Name & Contract Amount Type of Work ATTAR°' ' I) Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Name of proposed Superintendent Telephone No. of proposed Superintendent: (562) 50-5A, T :u.l ') Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-11 Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work. on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca. gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors. at the time of submitting the bid. PAYNG C,0HPAINY Date: MAY 2 4 2010 Contractor By Title C-12 Curtis R Brown III 'resident BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all 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. I PALP. INCOMA Contractor: WEL PAYPAYNIG GC~ Contact Person: •M (NO Contact Phone: Curtis P. Brown I11 Signed: �.,�� ��--� President a...,+ Date: kUY O a 1fl%0 *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-13 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder �1 , proposed subcontractor hereby certifies that he has z . ............... has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal ' Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 PUBLIC CONTRACT C O D E PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of pe 'ury under the laws of the State of California that the bidder, been convicted has been Y-has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Curtis P. Brown III President Signature Print Name Date PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 1018 In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? F]Yes I VINo If the answer is yes, explain the circumstances in the following space. C-15 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Curtis P. Brown III MAY 2 4 70IR (President Signature Print Name Date C-16 Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of Huntington Beach DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Curtis P. Brown III President MAY 2 4 7018 Print Name Date C-17 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer; manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. 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. Curtis P. Brown III President CAA', `P 4 M Signature Print Name Date C-18 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a . Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Curtis P. Brown III President MAY 2 4.�',� Signature Print Name Date C-19 EXHIBIT 10-Q 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 3. Report Type: Action: ® a. contract ® a. bid/offer/application LEN a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f, loan insurance 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. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. For Material Change Only: year quarter date of last report 5. 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: 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ ❑ actual planned a. retainer b. one-time fee 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 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 12: (attach Continuation Sheet(s) if nee ary) 16. Continuation Sheet(s) attached: Yes ❑ No 17. Information requested through this form is authorized by � Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction rtis P. Brown Ili was made or entered into. This disclosure is required Print Name: ® W e pg * pursuant to 31 U.S.C. 1352. This information will be F'QQ reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required Title: disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No.: 15621 51a_Sdl41 Date:MAY Q d mill Authorized for Local Reproduction Federal Use Only: Distribution: Orig- Local Agency Project Files C-20 Standard Form - LLL EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q 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 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. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. 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 (M1). 12. 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. 13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply. If other, specify nature. 15. 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. 16. Check whether or not a continuation sheets) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL- Instructions Rev.06-04 C-21 Local Assistance Procedures Exhibit 12-B Bidder's List of Subcontractors LDBE and NON -DBE Exhibit 12-B Bidder's List of subcontractor (DBE and None: DBE) Part k As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of industrial Relations and certified to bid on Public -Works contracts. Please register at: httns://efling.dir.ca.goov/PWCP/ActionServlet?action--diMIgyPWCR.eizistrationForm In accordance with Title 49, Sectign 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the fallowing information is required for each sub -contractor who will perform work amounting to more than one half of one percent TO:50/1 of the Tntat AacP AM ,ter Ti n non (whichever is ter . Photoca this form for additional firms, Federal Project Number: Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (YIN) Number contracted DER Reg Name: Z ? - Number `f <$1 million q b f il' . t-{ 7 d 000 Z T e'D CS5 million C 'ty, State: c$lO million (p Z �515 million 544"*,tolQIQ A e of Finn: rs. ti z. i 0 <Sl million <$5 million <$10 million Nor" '- , Ci State:_ } ao DDT ! $ j E million it e of Firm: yrs. DNOf <$5 million Nam r (p 0 (2 00 L City, State: <$l0 million <$15 million r 33r -10 1/y& oco.�I Y�0 Age of Firm: yrs. �qq8 C$5 mullion LJ <$10-million �� �+ 9 <$15 mullion City, Sate: Nam Age of Firm; yrs. [ 3 S) 5[? / 5_90 CO r 1 l fP7 q <$5 million City, State: f�� Yql� <S15 million �i5 million Iv W5 -" (� rod S 8 r/ 1 / 5 � t f J t Age of Finn: yrs. 1 m11130n �$10 City, state: tiC�► , million �j�®Od7� c$15 million Distribution. 1 Original -Local Agency File 2) Copy-DLAE w/ Award Package e of Firm: VS. ------------ Page 1 of 2 r Jaxtuary 2018 Local Assistance Procedures , Exhibit 1 Z-B Bidder's List of Subcontractors {DBE and NON -DBE) Exhibit I2-B Bidder's List of subcontractor (DBE and Non -DBE) .� Part 1 As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public.. Works contracts. Please register at: ht s://efilin .dir.ca. ov/PWCR/ActionServiet?action--dis la PWCRe istrationFonn In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 whichever is greater). Pho o2y this form for additional firms. Federal Project Number: Subcontractor Name and Location Line Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE DBE Cert Annual Gross Receipts (YCN) Number DIR Reg Number N e. ytw fir! �QEi /} f V 07 ❑ Age <$I million <$5 million <$10 million <$15 rni11EOn City, State: �� f r ✓��� of Firm: yrs, 7 f��.r +P i j c$1 million City, State: <$5 million �$10 million \ <$15 million 4 7 S-z- A e of Firm: yrs. Name: i 57 a 1 v ,2,J ��, � 77¢8 <$1 million ❑ C$5 million ❑ <Vta million ❑ <$15 mullion Age of Firm: yrs. City, State: Aun,lr C�$'a Name: _ <$] million <$5 million ❑] c$10 million ❑ <515 million Age of Farm: _ yrs. City, State: Name: El <$1 million El <$5 million El �$] 0 million [$15 million City, State: A c of Firm.: yrs. Name: <$I million �S5 million <$10 million �$15 million Age of Firm: Yrs. City, State: 1 va+siiipa-LwRf ASULJ& }y F11G L) •,Vpy-uL,nc wi r►wara racKage Page 1 of 2 January 2018 Local Assistance Procedures Exhibit 12-E Bidder's List of Subcontractors (DBE and I" ON-DBF) Exhibit 1z-B Bidder's List of subcontractor (DBE and Non -DBE) Part 1 As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public -Works contracts. Please register at: h s.//efilin..dir.ca. ov PWCR/ActionServlet?actxon=dis la PWCRe istratio-nFotin In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 Page I of 2 January 2018 Local .Assistance Procedures Exhibit 12-B _ Bidder's List of Subcontractors (DBE and NON -DBE) Exhibit 12-B Bidder's List of subcontractor (DBE and Non -DBE) Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE OBE t ert Annual Gross Receipts Location Amount Bid Item Sub- License Number (YIN) Number contracted DIR Reg Number Name: , ,r C p J , O Z <$ I million `y r / �� - ! 10 El<S5 million ❑ <$10 million City, State: 1OWOOJ?q 7-3 JR<$15 million - Age of Firm: yrs. Name: g� l� �� [f s� +�El ~'7 <$1 million l Gal & <$5 million <$10 million City, S(ate: /111 . AtOULAge G� It 9� <$15 million of Firm: yrs. -7 ❑ <$1 million I %0 0 (v ❑ <S5 million <$10 million N _ f} 1 City, State: i_ [�-70po ` I g I " . 1AW401'170 Li<$15 million Age of Firm: yrs. N . yS�� 41 million �■ i ' , �� $5 million City, State:` c $lO mil[ion � /ipG3�"o�rt= �� ❑ <$15 million l Age of Firm: _ yrs- Name: -�� ❑ <$l million City, State: �^ 1r J e ❑ c $5 million $10 million � 7�i}�l . �+�� El <$15 million Age of Firm:yrs. Name: U <$1 million ❑ <$5 million ❑ $10 million City, State: �515 million Age of Firm: yrs— Distribution: 1) Original -Local Agency File 2) Copy-D1.AE wl Award Package Page 2 of 2 January 2018 Local Assistance Procedures Manual Exhibit' V'-F Final Report -Utilization of Disadvantaged Business Enter rises DBE and First -Tier Subcontractors Exhibit 17-F Final Report -Utilization of Disadvantaged Business Enterprises (DBE) and First -Tier Subcontractors 1, Local Agency Contract Number 2, Federal -Aid Project Number 3. Loral Agency 4. Contract Completion Date 5. ContraictoNConsultant ra. Business Address 7. Final Contract Amount 8. Contract Item Number 9_ Description of Work, Service, or d Materials Supplied 10. Company Name and Business Address 11. DBE Certification Number 12. Contract Payments 13. Date Work Completed 14. Date of Final Payment Nan -DBE DBE IS. ORIGINAL DBE COMMITMENT AMOUNT $ 16. TOTAL List all first tier suhcontractarslsudconsultants and DBEs regardless of tier whether or not the Firms were originally listed for goat credit, If actual DOE utilization for item of work) was different than that approved at the time of award vide comments on an additional e. List actual amount id to each entity, If no subcontractorsfsubconsultants were used on the contract indicate o0 the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 17. Contractor/Consultant Representative's Signature 18. Contractor/Consultant Representative's Name 1 19. Phrrnp I err not. I CERTIFY THAT THE CONTRACTING RECORDS AND ON -SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED 21. Local Agency Representative's Signature 1 22. Local Agency Representative's Name I 23. Phone 24. DISTRIBUTION: Original — Local Agency, Copy — Caltrans District Locat Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE., For individuals with sensory disabilities, this document is available in alternate formats. For information, cal (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Sheet, MS49. Sacramento, CA 95814, C-29 J QUALIFICATIONS: • OSHA certified • First Aid/ CPR certified • Confined Space certified EXPERIENCE: 06/06-present Excel Paving Construction Superintendent • Job Scheduling Roc Schoonover 209 39" Street Newport Beach, CA 92663 Cell: (562) 755-4719 Email: RocAlan@sbcglobal.net Long Beach, CA Personnel Scheduling Dealing with various agencies, e.g. State, Public and Private Responsible for all aspects of job construction and quantities 08/77-06/06 Sully -Miller Contracting Anaheim, CA Construction Superintendent (01198-06106) • Job Scheduling • Personnel Scheduling • Dealing with various agencies, e.g. State, Public and Private • Responsible for all aspects of job construction and quantities Construction Foreman (1995-01198) • Ran individual jobs including grading, paving, concrete and quantities Asphalt Plant Superintendent (1990-1995) • Building, operating and maintenance of portable and stationary Plants • Personnel supervision Asphalt Plant Foreman (1983-1990) • Responsible for ordering materials for production of asphalt • Maintenance of Plant Asphalt Plant Operator (1982-1983) • Mixed asphalt Plant and Loader Operator for portable crushers (1979-1982) • Manufacturing of recycled base material Operating Engineer (1978-1979) . • Ran various equipment in the grading operation Construction Labor (1977-1978) • General labor work • Grade checking EDUCATION: June 1975 Downey HS High School Diploma Downey, CA i Excel Paving Company Roc Schoonover Project Manager Project Experience: 07/06 — 12/10 Owner: CalTrans Project: Lincoln Boulevard Improvements Project Value:$10,000,000.00 + Contractor: Palp Inc. dba Excel Paving Company Position: Project Manager Description: Construct 25' Wide by 400' long double barrel concrete drainage box with various drains. Widen & raise entire road between 1' to 6', also installed all new curb & gutter, new sidewalks, grade & pave entire site. 01/05 — 5/06 Owner: Irvine Company Project: Sand Canyon Widening Project Value: $25,000,000.00 Contractor: Sully -Miller Contractor Position: Project Superintendent Description: Widen the East side of Sand Canyon, and add three additional lanes West of existing road. Install all underground utilities, drains, new medians, sub - grade, place rock, grade & Pave. 02/05-12/05 Owner: Irvine Company & City of Irvine Project: Crystal Cove Project Value: $8,500,000.00 Contractor: Sully -Miller Contractor Position: Project Superintendent Description: Construct all new roads in upper Crystal Cove, including all underground utilities, rough grade, layout, concrete, base & pave. Current Jobs -References (Jan- 20181 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 14, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: PLANS 1. The following plan sheets have been revised and supersede the previously issued plan sheets, respectively: Sheet Nos. 2, 5-7, 9-10, 14, 16-20, 22-27, 30-31, 38-39. SPECIFICATIONS 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-11 Section 6-7.1 Paragraph 1 [Replace with] The time within which the Work must be completed by the Contractor is fixed at 180 working days, including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, issued by the AGENCY to the Contractor, exclusive of maintenance periods. To minimize the inconvenience to the residents of the Surf City Beach Cottages community, the Contractor shall prioritize on -site improvements. Street improvements, except those necessary to complete the on -site improvements, shall not hinder the completion time of the on -site improvements. Therefore, the Contractor shall account for at least two phases or move -ins by the various trades as necessary. The AGENCY will not issue the Notice to Proceed until the contractor has submitted and the AGENCY has approved a construction schedule that meets this criteria. 4. Page E-12 Section 6-7.1 Paragraph 5 [Replace with] Lane closures on all arterial roadways will be confined to the hours between 9:00 AM and 4:00 PM, Monday through Friday, except holidays. 5. Page E-13 Section 7-1.1 Paragraph 1 [Replace with] A noise level limit of 95 dB at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level or any other stricter requirements in the contract documents. 6. Page E-15 Section 7-8.3 [Replace with ] This project requires that a temporary acoustic barrier be installed between the mobile home units, most adjacent to the construction site, and construction activities. The location of the acoustic barrier may be adjusted once the temporary circulation road and areas identified as "Future Parking Stall", which will serve as hammer head turn arounds for the residents, have been constructed or as directed by the ENGINEER throughout the project duration. 7. Page E-17 Section 7-10.2.1 Paragraph 4 [Replace with] Full compensation for conforming to this requirement shall be included in the lump sum price bid for Project Traffic Control Plan and no additional compensation will be allowed therefore. 8. Page E-20 Section 7-10.5.1 Paragraph 3 [Replace with] A Temporary Construction Easement is available for work on the Surf City Beach Cottages private property. The acoustic barrier may serve as construction fencing, however, fencing along the private streets shall not hamper access nor circulation by the residents. Any fence straddling the private streets shall have the ability to be opened by emergency personnel should it be required to enter the work site. The Temporary Construction Easement allows for blockage of the adjacent remaining mobile home units for a maximum of 10 days (with 72-hour notification), in order to facilitate necessary t adjacent construction activities. 9. Page E-21 Section 9-3.1 Paragraph 1 [Replace with] Payment for items of work not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no payment except for the bid items specified in the Proposal. The cost of all work shown in the Plans or Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional payment shall be allowed therefor by nature of compliance with the Plans and Specifications except as provided in Sections 3, "Changes in Work" of the Greenbook, as modified in these Special Provisions. 10. Page E-23 Section 203-11.3 [Replace with] Asphalt -rubber hot -mix gap graded surface course, when specified on the plans, shall be Fiber Reinforced ARHM- GG-C PG 64-16 (1/2") and shall conform to the requirements of Section 203-11 and Section 302-9. The asphalt binder to be mixed with the mineral aggregate shall be paving asphalt conforming to the Performance Grade specifications of Section 203-1. The grading of the combined aggregates for rubberized asphalt concrete shall conform to the requirements of Table 203-11.3. Fiber Reinforcement shall be FORTA-FI or Agency approved equal. The fiber -reinforced asphalt concrete pavement shall include the submittal of a manufacturer's Certificate of Compliance stating the material authenticity and properties for review and acceptance by the Engineer before using the material; store fibers in a dry environment and do not allow being in contact with moisture. Add asphalt reinforcement fibers into the asphalt concrete at a rate per ton of asphalt in accordance with the manufacturer's recommendations; add fibers at the plant either manually or through specialized equipment that can accurately proportion or meter by weight; add the proper amount of fiber per batch for batch plants, or add fiber continuously and in a steady uniform manner for drum plants. When a batch plant is used, add fiber to the aggregate in the weigh hopper, and increase both dry and wet mixing times and ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture. When a drum plant is used, inject fibers through the RAP collar by placing the proper amount of fibers recommended by manufacturer on the RAP belt or by feeding them through a blower tube; feed fibers at a rate dictated by the rate the plant is producing asphalt mix. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. Asphalt Rubber Hot Mix shall contain one hundred percent (100%) California -generated waste tires in the rubber portion of the Rubber Hot Mix and the rubberized binder shall contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. 11. Appendix N [Replace with] The Federal Labor Rates contained in Appendix N of the Project Specifications for the Atlanta Avenue Widening, C.C. No. 1319 shall be replaced with the attached FEDERAL LABOR RATES (Publication Date 05/04/2018). The attached FEDERAL LABOR RATES (Publication Date 05/04/2018) shall be the Federal labor rates in effect for the above named project. This is to acknowledge receipt and review of Addendum Number One, dated May 14, 2018. PALS W MM Curtis P. Brown III ML PAYM MAW President Company Name MAY P. 4 9A1A Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO ' For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 7%. For the Federal Trainee Program, the number of trainees required is 2. 2. PROJECT BID SCHEDULE A [Replace with attached] 3. Page E-12 Section 6-9 — All references to Liquidated Damages shall be revised as follows: Liquidated Damages shall be $1,800.00 per calendar day. 4. [Add the following Sections and Subsections:] 300-3 STRUCTURE EXCAVATION AND BACKFILL. 300-3.1 General. Add the following. - Structure excavation shall consist of removal of material for the construction of the masonry retaining walls. 300-3.3 Foundation Material Treatment. Add the following: Contractor shall remove a minimum of 3ft of existing soil underneath the proposed retaining wall footings and replace with lean concrete or imported granular soil compacted to at least 90% of the maximum density determined by current ASTM Soil Compaction Method D 1557. Fill soils and the bottom areas should be observed and approved by the representative of the ENGINEER prior to placement of fill. 300-3.5 Structure Backfill. 300-3.5.1 Requirements. Add the following: The retaining wall should be backfilled with approved granular soil compacted to at least 90% of the maximum dry density of the soil. 303-1 CONCRETE STRUCTURES. 303-1.1 General. Add the following: Portland cement concrete structures shall conform to the provisions in Sections 201-1 and 303-1 of the SSPWC and these special provisions. The work includes but is not limited to bridge abutments, footings, and wingwalls, including bar reinforcement, constructed to the lines and grades shown on the plans. The Contractor shall provide concrete mix designs for all concrete applications which meet the specified strength requirements. The proposed mix designs and aggregate gradations shall be submitted per Section 2-5.3 of the SSPWC. _SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.1 General. Add the following provisions and subsection: Chain link fence shall consist of chain link mesh, fence framing, and fasteners. Chain link fence shall conform to the provisions in Section 206-6, "Chain Link Fence," of the SSPWC and these special provisions. Contractor shall provide Engineer with sample of product for review and approval prior to fabricating. The chain link mesh shall be 11-gage (0.148-inch diameter), Type IV, Class B, bonded vinyl coated fabric, conforming to the requirements in AASHTO Designation: M 181. Mesh size shall be 1 inch. The strength of the bond between the coating material and steel of the bonded vinyl coated chain link fabric shall be equal to or greater than the cohesive strength of the polyvinyl chloride (PVC) coating material. Contractor shall provide fence framing along all edges of the chain link mesh. Framing shall serve as a support for the mesh and shall consists of steel flat bar on each side of the chain link mesh. Minimum size of steel flatbar shall be '/4 inch by 1 '/z inch. Steel flatbar shall be fabricated with holes for fastening the fence to the truss supports. 5. Page E-32 Section 303-5.9 [Revise the last sentence as follows:] "Additionally, all depressed curb and gutter, variable height retaining curbs, concrete sidewalk, etc. (as required by the Plans and Specifications) located within the limits of the new curb ramp (from BCR to ECR), cross -gutter, or driveway/alley approach as shown on the Details (Sheet 11 of the Plans), shall be considered as part of said ramp, cross gutter, or driveway approach and shall be paid for at the contract unit price bid for each item, respectively." PALP [pis is to acknowledge receipt and review of Addendum Number Two, dated May 17, 2018. iA L PAVING COMPANY � Curtis P. Brown III Company Name President MAY 9 fl_ 9Q1Q Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 17, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. [Add the following Sections and Subsections:] 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. [Replace entire section with the following:]. 6-1.1 Construction Schedule. The AGENCY shall schedule and conduct a Pre -Construction Scheduling Conference with the Contractor's Project Manager and Scheduler within 10 days after approval of the contract. At this meeting, the AGENCY will review the requirements of this section of the special provisions with the Contractor. The Contractor shall submit: a general bar chart displaying the major work categories, type of work activities (based on the contractors' schedule of values for each lump sum bid item) which show the sequence of planned operations. BETWEEN CONTRACT AWARD AND NOTICE TO PROCEED (NTP), THE CONTRACTOR IS REQUIRED TO FINALIZE, SUBMIT AND OBTAIN APPROVAL FOR THE PROJECT BASELINE SCHEDULE. THE AGENCY MAY ISSUE AN NTP, HOWEVER, ACTUAL CONSTRUCTION WORK WILL NOT BE ALLOWED TO COMMENCE UNTIL THE BASELINE SCHEDULE HAS BEEN APPROVED. 6-1.2 Commencement of Work. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM). The scheduling software to be utilized for the project shall be Primavera or Microsoft Planner product, or equal, if approved by the AGENCY. An electronic copy of both the baseline schedule and any subsequent updates will be supplied to the AGENCY. The Contractor will be responsible for any additional costs associated with an AGENCY's request, at any time during the contract period, to further define an element of the work by inserting activities, coding or logic ties that will assist the AGENCY in understanding the intent of execution of the scope -of -work. Change orders Time adjustments Non-compliance notices 6-1.7.2 Bar Charts. • Baseline Schedule — Once approved, the Engineer will finalize the desired format and the Contractor will provide 2 plotted copies (36"x42") to the AGENCY. • Schedule Updates — Once the baseline schedule is approved, the Contractor will provide 2 copies of the updated schedule in the same format and size as that of the baseline. (l 1"x17") 6-1.7.3 Other Reports. The AGENCY may use aforementioned electronic date to generate the majority of reports not covered above. The Engineer may request, from time to time, other reports. 6-1.8 As -Built Schedule. The Contractor shall submit an As -Built Schedule covering Work performed under this contract within 10 calendar days after final completion. The As -Built Schedule shall be certified by the Construction Manager as being the manner in which the contract was executed. This submittal shall be a condition precedent to the release of retention money at the end of the project. This is to acknowledge receipt and review of Addendum Number Three, dated May 17, 2018. u IAiP IMMA I JI R WMI G COAAMNY�1 Company Name 13' MAY 2 4 7019 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER FOUR For ATLANTA AVENUE WIDENING, C.C. No. 1319 MAY 21, 2018 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: SPECIFICATIONS 1. General — All references to the following items shall be revised as follows: The Project Disadvantaged Business Enterprise (DBE) goal is 8.3%. For the Federal Trainee Program, the number of trainees required is 1. 2. PROJECT BID SCHEDULE A [Replace with attached] This is to acknowledge receipt and review of Addendum Number Four, dated May 21, 2018. Curtis P. Brown Company Name By President MAY 2 4 20118 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) Bid Bond KNOW ALL MEN BY 'THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana 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 of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Atlanta Avenue Widening (CC1319) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bands, 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 fill force and effect. Signed and Sealed this 8th clay of May , 2018 witness MICHELE E. DRAKULICH, ASST. SECRETARY Witness ORSC 21328 (5/97) PALP Inc. dba Excel Paving Company Principal Curtis � Brown III By: President Name/ritle F nsurance Company S(Seal) By: Timothy D. Rapp -in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual _who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On May 8, 2018 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Timothy D. Rapp , who proved to me on the basis of satisfactory evidence to be the person(46) whose name(b) ismm subscribed to the within instrument and acknowledged to me that h6w"01 e' executed the same in his#Fe0@*_ir authorized capacity#e_4j, and that by his/kew4keipsignature(4) 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. sv,OF , DEBPASVVANSON WITNESS my hand and official seal. } COMM. # 2170759 ;0 NOTARY PUBLIC-CALIFORNIA � fg ORANGE COUNTY MY COIFW. EXP. NOV 10. 2020 Signature '►.�'3�ti�V'�,� (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 ' cFruBe Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ------- -------------------------------------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety . thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Zj �/ / I/ �— ( / Kenneth C. Wendel, Assistant Secretary . Norris, Jr.,�Presid�nt STATE OF NEW JERSEY ss. County of Somerset On this 16th day Of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial seal J. AD, KATHERINE J. ADELAAR r , NRY`�A NOTARY PUBLIC NEW JEkSf1 � �^ Ne, 231616685 ug��G Comminion Expires July ib, 2014 c� Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers 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 or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and 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 attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 8th day of May, 2018 010" rYf MSd' SEW YD0.t- Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On MAY 2 4 7019 before me, C. Phillips, Notary Public (Here insert name and title of the officer) personally appeared Curtis. P. Brown III and Michele E. Drakulich Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),X/are subscribed to the within instrument and acknowledged to me that P!k/s*/they executed the same in 1pk,*/their authorized capacity(ies), and that by T4/HX/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 arjo official seal. Signature of Notary Public , PHILLIPS M. #2170177Public-California WNo7tary �GELES COUNTY Expires Oct 29, 2020 (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 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 authorLed capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TheProLink.com — Nationwide Notary Service P,iLP' c. LID", nAvw- ca~ �N Pf� A 6 IJA (P