Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
HYM Engineering, Inc. - 2009-10-19 (2)
V-..— v — -- V ".".-i -- .i r. ,— n.."— — .. — — — —6 -, -, ^w/c.. y.�� J n -- - , — — ,..,(... 1 RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to r h City Clerk s Office (Name) ; after signing/dating (Date) ` J, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION e,f TO Shari Freldeennrlch City Treasurer FROM DATE SUBJECT Bond Acceptance have received the bonds for `"/ " / / ,' IA )E -2' " ' (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No Re Tract No CC No� MSC No Approved �� � q /,q pp (CouncdApprovalDate)/ Agenda Item No City Clerk Vault No #27 g /followup/bondletter doc FROM: Robert A. Martiner, Constru oject Coodinator DATE: .tune 10, 2010 SUBJECT: Retention Release Payment Company Name: HYM Engineering, Inc. Address: 15361 Eucalyptus Avenue City, State and Zip Code: Bellflower, CA 907706 Phone Number: (714) 523-2372 Business License Number:A 275267 Local Address: N/A Notice of Completion Date: April 1, 2010 Contract Purpose: Retention Release for CC # 1358, Downtown Bollard Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date "TraVispkins PE, Public Works Director Bond Surety Company Approved as to Credq/FjmncW Rating I certify that there are no outstanding invoices on file and that th d\Surety gompany is approved as to Credit / Financial Rating. - i (—A"a� r nick, 6 t v Treas=. (or2Y-1 Date Shari Frbidenrich, City Treasurer 4 I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. (d Pq I / 0 Date Joan Flynn, Ci y CI Retention 3 Signature Memo.doc 6/10/2010 10:10:00 AM CONTRACTORS CERTIFICATE I, 4 iGt�I�I T, J-eo77 , state and certify that: (Name of Declarant) 1. M C i i7�2�� ; -51 C is the general contractor to the City of Huntington Beach ("City")yon Contract No. CC N©. ja -Iq (the "Contract") for the construction of the public work of improvement entitled: (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): I'UOT7e 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at _ yltf� on this ATty' day of �w oA , 20 %0 . (Signature of Declarant) APPROVED AS TO FORM -,Y By: ���/a � 3. Zo•oCQ Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with 'Title VII of the Civil (tights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC. A42. . Project: t%UTtQW n iP � The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this a23"�11 day of 20 �V , at u _ w California. Wm 611m v'g -fitc (Type Contractor Name) By: Name: [Type Name] J --- , Title: [Type Title] i R n, Abe,n' J sew aE I_� -esIdekIf- 1 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: cc- mo , /3e Project:0%0IJGelyl�1 The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this -23'tA day of %4A"- , 20 A , at Pue/V, , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] AS `f4 YOL CITY ATMRNEY 247542.1 RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer r FROM: dz:tl DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. e If MSC No. Approved ( unci! )/ 9 /0 �- -Approvai Date) (Company Name) Agenda Item No. City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondletter.doc Bond Number-. 70810084 KNOW ALL PERSONS BY THESE PRESENTS, That we H Y M Enainccring, Inc. Of 6380 Roland St., Ri:wla Parr, CA 90621 ,hereinafter referred to as the Principal, and western Surety Company as Surety, are held and firmly bound unto THE CITY Or HUNTINGTON BEACH of 2000 MAIN STREET HUNTINGTON BEACH CA 92648 , hereinafter referred to as the Obligee, in the sum of Zorty=rour Ti-o-1^an - = .ur Hundr .d and 00/100 Dollars ($ 44 , 400. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the THE CITY OF H'JNTIKGTCN BEACH dated ,far Downtown Bollard Project, Various Locations WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One. ( 1 ) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on May 5 2010 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of fine ( 1 ) year(s) from and after May 5, 2010 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 5th day of May 2010 H Y M Engineering, Inc_ (Principal By (Seal) estarn Sur tV Company_ L(S(+y) By _ (Seal) EP I E Altorn6y--in-Fact Form F4721 ALL-PURPOSEACKNOWLEDGMENT STATE OF CALIFORNIA County.of Orange On ,> / s / / C� before me, Irene Luong, Notary Public Date Herelaserf Name and Title of the Officer personally appeared Stephanie Pham Name(s) of: Signers} ®.. IRENE LUONG Commission # 1883838a a Notary Public - California i z Orange County My Comm. Ex ices Mar 22, 2014 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 saute 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 PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is: true and correct.. Witness m hand a d o icial s ai Signature Place Notary Seal' Above Signature of otary Public OPTIONAL Though the information below is not required by lave, it may prove valuable to persons relying on the document and could prevent fraudufent,removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(g) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer —T•itie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 7thumbhere ❑ Trustee ❑ Guardian or Conservator Top o ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 2007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.NationaiNotary.org Itom 45907 Reorder: Cal: Tolkl`ree 1-800-876-6827 Western Surety Company P Or, ,,'COPY Bond No. 70810084 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and halving its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint ST' PHANIE PRAM its true and lawful attorneys) -in -fact, with full power and authority hereby conferred, to execute, aclmowledge and deliver for and on its behalf as Surety, bonds for: Principal: H Y M Engineering, Inc. Obligee: THE CITY OF HUNTINGTON BEACH Amount: $500, 000. d0 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations_ Said appointment is made under and by authority of the fallowing bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other o)ficsrs 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 tha corporate s?al may be printed by facsimile" All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Mav 5 2011 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof; Western Surety Company has caused these presents to be aigned by its Senior Vice President, Paul T. Bruflat, .xed this 5 th day of May 2010 WEST R SSUUR`E COMPANY ;-®/ Paul T. Brufla nior Vice President On this 5th day of N_a ✓ , in the year 2010 , before ine, a notary public:, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }a:0`a�aa�.Kaaaaaaaaaa.. # i 0. KRELL i r Y RMM t80UTH DAEtpils Notary Public- South Dakota SOITT$ �aaaaaaaaaaoaaaaaaawvao b My Commission Expires November 30, 2012 I tho undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as cot forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5 th day of May 2010 WEST R SURE COMPANY Paul T. Brufla nior Vice President Form F5306-32006 State of California County of Orange On S —// ---Ie/c7 before me, Hak Su Kim, Notary Public (Here insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is subscribed to the within instrument and acknowledged to me that elOhe4kcy executed the same in is, authorized capacity0es-} and that by is ' signature(o on the instrument the person), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0000000s000.0000eooe000000000000 XO0` HAK SU KIM Q COMM # 1882541 m WITNESS my hand and official seal. ANg��Q La a / 4y Commission Expires Which 19, 2014 �'",,LJ Y � ee ooeoeoeoeoe00000soeoee0000eeoo (Notary Seal) Signatu of Notary Public ADDITIONAL OPTIONAL INF'ORMA'TION 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/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses-com Bond No. 70810084 CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: (.Fame and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: l Name and address] Downtown Bollard Project, Project No. 1358 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY OTHER ❑ ARCHITECT'S PROJECT NO.: N/A CONTRACT FOR: Forty Four Thousand Four Hundred and 00/100 Dollars ($44,400.00) CONTRACT DATED: October 12, 2009 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Inserr name and address of Surety) Western Surety Company PO Box 5077 Sioux Falls, SD 57117 SURETY, on bond of (1—rt name and address of'Cantractor) HYM Engineering, Inc. 6380 Roland Street Buena Park, CA 90621 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: May 5, 2010 (Insert in writing the month followed by the numeric date and yeari Attest: Irene Luong, Admin Western Surety Company (Surety I (Sign.ture o a thori=e representative) Stephanie Pham, Attorney -in -Fact (Printed name and title) S-2134/GEEF 10i01 FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA W-0712MI Orange On �=S- S- Irene Luong, Notary Public / 10 before me, I to Here Insert Name and Titie of the Officer personally appeared Stephanie Pham Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be Ithe person(§) 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(jes), - - - - - - and that by his/her/their signature(s) on the instrument the IIRENE LUONG person(s), or the entity upon behalf of which the person(s) Commission # 1883n838 acted, executed the instrument. Z C Notary Public - California z Z Orange County I certify under PENALTY OF PERJURY under the laws of Mi Comm. Expires Mar 22, 2014 the State of California that the foregoing paragraph is true and correct. Witness my hand n officia, sp6- Signature Place Notary Seal -Above TIONAL Signature of 6,Jotary Pub[ OP ,----\ Though the information below is not required. bylaw it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. a 0 a 1 0 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — F-1 Limited 0 General El Attorney in Fact El Trustee El Guardian or Conservator Signer Is Representing: Number of Pages: 'Signer's Name: El Individual [I Corporate Officer — Title(s): L1 Partner—, E Limited Ll General El Attorney in Fact El Trustee iN ❑ Guardian or Conservator Top Mofthumb here F-1 Other: Signer Is Representing: (1D2007 Na ional Notary -A soctatjori - 9350 De Soto Ave,, P.O. Box 2402 - ChatSmorlh. GA 91313-2402 * www.NaiicnaINoIarv.crg Ite,rn#5907 Reorder: CaVToll+ree 1-800-876-6827 POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70810084 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws Of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents mare, constitute and appoint STEPHANIE PRAM its true and lawful attorney(s'4n-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: H Y M Engineering, Inc. Obligee: THE CITY OF HU14TI`3GTO BEACH Anmunt $500,000.00 and to bind tht Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executod in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakrings, Powers of Attorney or other obligations of the earpnration. The signature of any such offinPr and tha enrporate 5aal may be. printed by facsimile." All authority bereby conferred shall expire and terminate, withous notice, unless used before midnigght of May 5 2 01 1 but until such time shall be irrevocable and in full force and effect.. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its eorp=mo -_gal to be affixed this 5 th day of May 2010 YE =t .Z7 �a WEST R /S U RECOMPANY Paul T. Bruflat&nior Vice President ST �T�Qt°I"�FA 71��_ ss -ar=. co On this 5 th day of May in the year 2010 , before nw, a notary publie, personaLy appeared Paul T. Bruflat, who being to me duly sworn; acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. _ t•W+atiagY.w,aa�a..a�Y.tia..a¢ - ` D. KRELL + Z a k�ljj r NOTARY PU®LIC DAKOT+ Notary Public-SouthDakoGa SOUTH i� ¢d���aaaoad�awa�aae+aaa 6 My Commission Expires November 30. 2012 I the uadcrsigncd officer of Wcstcm Surcty Company, a stock corporation of the State of South Dakota, do hereby certify chat the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Pnwer of Attorney iF now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 5 th day of May 2010 WEST R SURE COMPANY Paul T. Brufla nior Vice President Form F5306-9-2006 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIINIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIII NO FEE 2010000153303 8.11 am 04/01/10 153 420 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to HYM Engineering, Inc. who was the company thereon for doing the following work to -wit: DOWNTOWN BOLLARD PROJECT; CASH CONTRACT NUMBER 1358 That said work was completed March 22, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on March 22, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this March 23, 2010. f Direct(r of P,0blic Works or City Engineer Vcity of Huntington Beach, California STATE OF CALIFORNIA) // County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Or nge County. Dated at Huntington Beach, California, this March 23, 2010. J- a / /Director of Publi orks or City Engineer ity of Hunting n Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00-.059-TITLE PAGE (137195) RECEIVED BY: Olt (Name) (Date) TO: Shari Freidenrich, City Treasurer C '^ FROM: / 3 DATE:1 SUBJECT: Bond Acceptance CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating I have received the bonds for /- '�/Y) L . A)(,;1A)/-:2JI-11j6 (Company Name) .Faithful Performance Bond No.f Labor and Material Bond No. qoe /0 0 `7 Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved !f/ Agenda Item No. PP 9 (Council Approval Date) City Clerk Vault No. #27 gJfollowup/bondletter.doc 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 SIGNATORIES 20 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 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, 10G% . , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish; at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 of 22 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, as sum not to exceed �— �-}lir�. Dollars ($ 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 (��) eetrtie--� from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the , option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 of 22 the sum of i9vt�;:� Dollars ($ GC&::0' -� per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTORs insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: pe� %&, • $66_ oo- 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: I OR �It;40',WAV The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context, so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 of 22 promise, agreement,. warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on Qcfo6 t'. , 19 20 6 � . CONTRACTOR CITY OF HUNTINGTON BEACH, a municipa rp ration of the State of California de -41 ayor By: City �le J-eon 1► 3 a print name INITIATED AND APPROVED: ITS: (circle one) Chairman/ esiden ice President AND ! rector Public Works By: REVIEW APPROVED: print me ITS: (circle one) ecreta /Chief Financial Officer/Asst. i Administrator Secretary - Treasurer APPROVED AS TO FORM: t( 3 o %�City Attorney g/agree/surfnet/cityconst 12-07 22 of 22 J�EX11-11617 4 / SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 0� Dad in the amount of $ ., F DOp which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Bidder's C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM' : ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED; NO., QUANTITY WORDS PRICE ` AMOUNT 1 I LS Mobilization (a� :t•� ,;c � Audal Dollars S S 1 Cents 2 1 LS Furnish Project Traffic Control @ - ►ice ca r7 Dollars _ Cents 3 49 EA Install "Street Sleeve" Foundation @ I'C? �o �/ _.._. Dollars $ $_/6.....& Cents 4 39 EA Install "Storage Sleeve" Foundation iU J Dollars $ 3 . 0 Cents Sub Total Bid Amount, Bid in Bgures: $ 3-7, 17go. �c7 Sub 'Total Bid Amount, Bidin Words: r`, C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH B11 State of California ss. County of Orange j ;j� SCcjh , being first duly sworn, deposes and says that he or she is P rya N of HYMthe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder w Signature of Bidder /,.4`3& � ruzlytces ; . �lFlar��er 61 9017Z)':� Address of Bidder Subscribed and sworn to before me this day of , 20 Q . ooeeeaoseo♦oeso.osoo®®oo®.0000000e MOON C. LEE COMM. #1611408 m v ao NOTARY PUBLIC - CALIFORNIA C " "" ORANGE COUNTY o My Comm. Expires Nov. 4, 2009 i NOTARY PUBLIC -L�� NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Downtown Bollard Project, CC No. 1358; (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 9-2f , 2:�202 C-6 HYM t I��'I� et: i J�q c:_ Contractor By Pres;deW-� Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 9No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. c-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date. C-8 UMN JIAc- Contractor By pl'ewic�'1-� Title BIDDER certifies that the following information is true and correct: Bidder Name Business Address 64 Qo11Q(�' City, State Zip Telephone Number 9/8/ 30 A State Contractor's License No. and Class Original Date Issued / 3/ Expiration Date The work site was inspected by "71 T'ji?m of our office on S;1 igY?-I , 20 0? The following are persons, firms, and corporations having a principal interest in this proposal: C-1© The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Aha�!� I T&-y' Printed or Typed Signature Subscribed and sworn to before me this 2� day of o , 200 v 9 ♦eooe0000eeoese000eoeeoesoeeeoosoe� MOON C. LEE COMM. #1611408 cc NOTARY PUBLIC CALIFORNIA ORANGE COUNTY NOTARY PUBLICG --�-z_. My Comm. Expires Nov. 4, 2009 oeoeeoeeseeoseeooeseoeooeeseeeeeeoi NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: W-P 1. G fY4 Samoa Am Cyj� Cent& - Phza , SW+Arm, ycy'rl Name and Address of Public Agency —5d1 Name and Telephone No. of Project Manager: T {-}ice "714 0/4q —S" 'q0 7 9'7. -3 Curbd�C-ru E r, Asb u�►9, L Q 8 3 --� �oQ Contract Amount Type of W rk Date Completed & lke. San Cr7as y9 l7�3 Name and Address of Public Agency Name and Telephone No. of Project Manager: 4w CT(wkieL g©9-3* -6 X - ?T S7dek lk ce&, rw-+ v,,7 Contract Amount Type of Work Date Completed 3 . cj ' % 44/z4 i dr its Name and Address of Public Agency C100,111 Name and Telephone No. of Project Manager: Akk k . CtlIX.f P44 / Z, '730 ..4�- - caKq _� z a =� Contract Amount Type of Work Date Completed C-11 THE AMERICAN INSTITUTE OF ARCHITECTS �JIM�'C���J ii' as' j7 M Bond No. 70803939 KNOW ALL MIEN BY THESE PRESENTS, that we H Y M Engineering, Inc. 15361 Eucalyptus Avenue, Bellflower, CA 90706 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Western Surety Company 4150 N. Drinkwater Blvd Suite 410, Scottsdale, AZ 85251 a corporation duly organized under the laws of the State of So. Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the Amount Bid ( 10.0% of Bid) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No. 1358: Downtown Bollard Project City of Huntington Beach (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of September, 2009. (Witness) H Y M Engineerinu, Inc (Principal) (Seal) W tern ctv C (Sur (Seat) oll (Title) St ante ham Attorney-m-Fact ak� OCUMENTIANO--- [D BOND ALA FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHLNGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ............. .,s�>✓..�.hs�S<.5.�.<s�NaZ t.•,�S�T¢�..s�>✓..'`»�t!s��!?gh S.paaC..c�S �..TS,> State of California County of ©>'c,•-. -c- On 5-"A . I I F 2ao 7 before me, moo" e t- e P � !.0 ��rz�, K L ( C'e- Date HereT rt Name and Title of th icer personally appeared i� ly �-e> �a t,,, .T,e. o 4. 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 o.o.•.00..000.o©ON C. LEE 0000 instrument the person(s), or the entity upon behalf of r' • o COMM. #1 LEE which the person(s) acted, executed the instrument. 114NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws 0000�•�My Comm. Expires Nov. 4, 2009 of the State of California that the foregoing paragraph is 000000s000®000000000000000000� true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Publ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 13 , A Ni u , --k Document Date: 9 I Z r/ a. 9 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Rep Signer's Name: ❑ Individds,fal ❑ rporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing AIGHTTHUMBPRINT ,0# S1GNEi3.. . 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NabonalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL—PURPOSE . ice' ~ O ACKNOWLEDGMENT STATE OF CAUFORNIA County of Orange On before me, Lisa Roper, Notary Public Date Here Insert --Name and Tit9e of the Offfcer personally appeared Stephanie Pham Nary efsj of Signer(s) USA ROPER Commission # 1755752 Notary Public - C41ifornia Placer CountJul 6, 201!LIK�My m Place Notary Sea! Above who proved to me on the basis of satisfactory evidence to be the persor(s) whose name(s) islare subscriber; 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 signatures) 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 Galifornia that the foregoing paragraph is true and correct. Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this, form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Maimed by Signers) Signer's Name: Stephanie Pham ❑ Individual ❑ "Corporate Officer — Titfe(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s);_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: <y 2007 National Notary Association - 9350 De Soto Ave., PO, Box 2402 - Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 45907 Reorder: Cal' Foil -Free 1-800-876-6827 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 Eric Lowey, Mark Richardson, Stephanie Pham, Individually of Costa Mesa, 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 Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of August, 2009. �ET} WESTERN SURETY COMPANY OPT`- Paul . Bruflat, Sen�Vic,resident State of South Dakota County of Minnehaha ss On this 3rd day of August, 2009, 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 Senior 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 sea% 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 4ti55tis5Stititititististitisaaaetis 4 i D. KRELL J November 30, 2012 i S Al NarARY PUBLIC � i tab DAKOTA�C i �hSSSs4SS 9444y44SatihtihsS CERTIFICATE "Dell- ry Public 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 25th day of September 2009 WESTERN SURETY COMPANY �nr'�VA gJsnlya =� tr1P. V L. Nelson, Assistant Secretary Form F4280-09-06 OP ID TMI ACORD 'CERTIFICATE OF LIABILITY INSURANCEOP DATE (MMIDDIYYYY) 10/16 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Placer Insurance Agency License #OC66701 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0. Box 619052 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roseville CA 95661-9052 Phone : 916-784-1008 Fax : 916-784-8116 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Navigators Insurance Company INSURER B: Southern Insurance Company HYM Engineering, Inc. Jaewoo Jeon INSURERc: Sparta Insurance Company INSURERD 15361 Eucalypt900enue 76 Bellflower CAA INSURER E: COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR ADD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE MM/DD/YY) LIMITS rA X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 0410072860 01/16/09 I 01/16/10 EACH OCCURRENCE $ 1 , 000 , 000 PI EMISLES(Eaoccau�ence) s50f000 MED EXP (Any one person) $ 5 , 000 CLAIMS MADE FK OCCUR PERSONAL & ADV INJURY $ 1 , OOO , 000 GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1 , 000 , O 00 X I POLICY JECOT PRLOC C X AUTOMOBILE LIABILITY ANY AUTO 014AU00048 01/28/09 01/28/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS p � � yy�; g�y �w L'� V L:Lr � pyA R � i�.lYl - - X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY I j� v AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND. X TORY LIMITS ER i0c E.L.E.L.E;^ 4C , NT s O 0 i 0 0 0 $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? •T A v.SIOOO83-.401 v � p n. / p 0 -0/ 0� n� /� n/ OEACH v_, 0/ 1 E.L. DISEASE - EA EMPLOYEE $1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured with respect to General Liability and Auto Liability, per the attached endorsement ANF-ES 160(5/2006) as required per written contract. Project Location: City of Huntington Beach, CA. rcoTlCIr'ATG unl nGp CANCELLATION CITYOHU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main Street, REPRESENTATIVES. Huntington Beach, CA 92648 AtJTHORIZ D P7NTATIV ACORD 25 (2001/08) 1%:1 Was-latmi If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS' ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 8) CG 20 10 11 85 Policy Number: 04-10072860 Endorsement Effective: 10/15/2009 Named Insured Countersigned By: HYM ENGINEERING INC. A, DBA: SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET, HUNTINGTON BEACH CA 92648 Location: THROUGHOUT THE CITY OF HUNTINGTON BEACH, CA. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insureds) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (5/2006) PIACERk,,CAL" PRO INSURANCE AGENCY May 12, 2009 To whom it may concern: The insurance requirement to have the verbiage such as "endeavor to" and "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its, agents or representatives, "stricken out will not be approved by the company due to underwriting guidelines. Sincerely, Chefsea Wartin,CSR Chelsea Martin 5 Sierra Gate Plaza., Suite150, Roseville, CA 95678 Phone: 916-784-1008 x135 • Fax: 916-784-8116 • Toll Free: 800-642-5037 www.CALPROCIS.com License #OC66701 RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer i, FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (CounAApproval Da ) e (Company Name) /® 0 CJ� ! 0 0 ev Agenda Item No City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating - - r -A/),0,-SzF , #27 g:lfollowup/bondletter.doc Bond No. 70810084 Premium listed on Performance Bond KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS, the City of Huntington Beach (hereinafter referred to as `City") has awarded to H Y M Engineering, Inc. 15361 Eucaluptus Ave., Bellflower, CA 90706 (name and addressor Contractor) (hereinafter referred to as "principal'), a contract ('Contract') for the work described as follows: Downtown Bollard Project, CC# 1358 (project titre) WHEREAS, Principal is required under Me terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics; materiialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Western Surety Company P.O. Box 5077, Sioux Falls, SD 57117 (nine and address of Surety) (a duty admitted surety insurer under the lags of the State of California and hereinafter referred to as °Surety"), as Surety, are held and firmly bound unto City._in the penal sum of Thirty Seven Thousand Seven Hundred N LIM & 00/100 ------------------------------- dollars, 37,790.00 1, this amount being not less than one hundred percent (100%) of the taWpiric a set `forth in the Contract, in fawfui motley 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 3.181 of the California Civil Code CClaimants"} for :all labor, rnaterials or services used or reasonably required for use in performance of the work described in the:Contract, or any amounts due under the Unemployftnt 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, 1613 or 1815 of the labor Code, or any amounts required to be deducted; Withheld and paid over to the Employment Development 0epartment from the wages of employees of the Principal and. Subcontractors pursuant to Section 13020 of the Unemployment Insurance Cafe with respect to the work or labor performed under the Contract, Surety will pay for the same.. in an amount not exceeding the Fersal sure specified in this brand, 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 ease any action is brought upon this bond, Surety further agrees to pay, all court costs and a reasonable att+orney's fee in an amount fixed by the court. Surety stipulates and agrees, for value hived 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, znsr<,.i PAYMENT BOND Page i of 2 Bond No, 70810084 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder, Surety also waives the provisions of California Civil Code 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal. and Surety, on the date ,set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authority of As 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 prop" execute this bond. Dated: October 15, 2009 ATTEST (Corporate Seal) ATTEST (Corporate Seat) (Attach Attorney -in -Fact Certificate) H Y M Engineering, Inc. (Principal Name) By: Name: Its: Western Surety Company (Surety Name) By: i Name.- tenh (SignaturO of Attorney -in -Fact for Surety) (AO5) 336-0850 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH Fay M.- k'X, 3ennder Mcl3rath ity Attorney 5/1 e,164. We: This borW most be exacuted In duplicate arw$4019d, all signatures mug be notarized, and evidence of the authority Of anY PerWa $Oft as aftaffwy-w4hot must be attached. rns"A PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O V-o, �,4 On Oc.7E•;Q _ 2-o a before me, (-Loa" C L.e fcc4(2�c to Here I sert Name and Title he Officer personally appeared 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 ®000 .o.......000... MOON instrument the person(s), or the entity upon behalf of C LEE `hCOMM. #16LEE which the person(s) acted, executed the instrument. in = NOTARY PUBLIC - CALIFORNIA inu Uo...::.o....00 I certify under PENALTY OF PERJURY under the laws My Comm. Expires Nov. 4, 2009 ORo..o o..ni..00.m of the State of California that the foregoing paragraph is .ANGE true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: S 4-1 r. 2ej,..& Q a+-�r� - Document Date: t �/ 1-jg Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Office itle(s}: ❑ Partner — ❑Limited El General _ _ ❑Partner Limited El General ❑ Attorney in Fact • - ❑ rney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representin Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CAS IFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of orange Un �% before me, Barbara Copeland, Notary Public Date Here'Insert=Name and Title of the Officer Stephanie Pham persona. appeared P Name(s)of Signer(s) BARBARA CO ELAND Commission # 1845510 z •� Notary Public - California zz z Orange County M Comm. Ex Tres Apr 19, 2013 who proved to me on the basis of satisfactory evidence: to be. the person(s)whose name(s) isfare subscribed to -the e within insfrurnt nt anti acknowledged to me thathe/she/they executed 'the same 'in his/herAheir authorized cA0Acity(ies)„ and that by'his/tier/their signature(s) on the instrument the persons , or the entity upon behalf ;of whiph.the person,(s) acted, executed the iistriirrtent. I'certify under PENALTY OF PERJURY under the law;s.of the .State of California that the foregoing paragraph is true and correct, Witness my hand and official seal. Signature, 4-1 &AW�_. Place Notary Seal: Above Signatl Notary Public Though the information below is riot required bylaw, it may prove valuable to,persons retying on the document and could prevent fraudulent; removal and reattaehmix)t of this form to another docu iment, 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: Stephanie Pham ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Naive: ❑ Jndividual' ❑ Corporate Officer '—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in. Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: @% 2007 National, Notary -Association - 9350,, De-Go€o Ave., CO._ C3ox:2402 - Chaiawortli, CAei 313-2a02 - wvaw.NationalNotary.org Item a5907 neorder: Gail :.roll-free,-1-000-07Gv027 Western Surety Company I. 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 Eric Lowey, Mark Richardson, Stephanie Pham, Individually of Costa Mesa, 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.-exteV 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 Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of August, 2009. +Er`� WESTERN SURETY COMPANY `SfAV s �� v Paul . Btuflat, Senior Vice President State of Sotah Dakota ss County of Minnehaha On this 3rd day of August, 2009, 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 Senior 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 r D. KRELL j November 30, 2012 f/^'1 NOTARY PUBLICor r SOUTH t)AKOTAS r ♦tiStititiSyl�ti`Kti�titititi�titititi+ D. Krell, No ary Public CERTIFICATE 1, L_ Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name.and affixed the seal of the said corporation this 15tb day of October 2009 WESTERN SURETY COMPANY Ig- �__ J_r L. Nelson, Assistant Secretary Form F4280-09-06 tREMTUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No, 70810084 Premium: $1,134.00 KNOW ALL PERSONS BY THESE PRESENTS - WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated d — 21 20 09, entered into a contract with H Y M Engineering, Inc. 15361 Eucalu tus Ave. Bellflower CA 90706 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described: as follows: Downtown Bollard Project, CC# 1358 (Project Tide) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contras'), are incorporated herein by this reference made a part heretof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond, guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, .the undersigned, as Principal, and Western Surety Company P.O. Box 5077, Sioux Falls, SD 57117 (norne and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as uSurety"), as Surety, are held and firmly bound unto City in the penal sure of Thirty Seven Thousand Seven Hundred Ninety & 00/100- miiars (s 3 7,7 ()OQ f, 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 tenants, obligations and things to be done and perforrmed.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 sage harmless City and all of City's officers; agents and employees (hereinafter collectively referred to as'Obligees') from any and all lasses, liability and damages, claims, judgments, stoop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of thetermsor 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 small remain in fall 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 moderation to the Cortract, or the wvo* to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the. Surety under this Bona_ Surety waives notice of any adjustment of contract time or contract price, and z 7sv�. r PERFORMANCE BOND. Page I of 2 Bond No. 70810084 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustmentsin the penal Aum to City on not less than a quaftrly basis. Surety also waives the provisions of Civil Code §§ 2645 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 duty 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 jrv�,1 have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surely.has or may have by reason of any failure of the Principal to execute or property execute this bon& Dated, October 15, 2009 ATTEST H Y M Engineering, Inc. (Corporate Seal) (Principal Name) By: I v — NaMe-'--- A%Aotknow J Title: ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) (-fiDj) 336-0850 (Area Code & Telephone.Number of Surety) APPROVED AS TO FORM: CITY �.t? U. N TINGTON BEACH 3 y ;Z ilath �i;tAt±tomey ennifer ih y Attorney ftte4 Mis bond must be executed w duphdate and dated, all signatures must be notarized, and evidence of the auttwity of any person so*Was aftwmy4n-f�t must be. attached rns9i.i PERFORMANCE BOND. Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 t- et -L OnOtrx_ L I .Za o `j before me, f��vti C'. L�,e �]07-Ri- ,.i�s , Date Here Insert Dame and Title of the jbifibeF personally appeared L-_ 'T. e 0 Names) 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 .ee.+e.eo.eoo.. instrument the person(s), or the entity upon behalf MOON C. LEE eeee which the pperson(s) acted, executed the instrument.of COMM. 41611408 NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws ORANGE COUNTY : y My Comm. Expires Nov. 4, 2009 2 of the State of California that the foregoing paragraph is 1400" eeeeeeeooese�eeeeeeeoeeeeoseee♦a true and correct. WITNESS my hand and official seal. Signature C-- Place Notary Seal Above Signature of Notary PulNic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -e Document Date: 10 / I T- I d oa Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Offi — Title(s): ❑ Partn Limited ❑ General ornevin Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF'SIGNER _ . Wthurnb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNWALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange (fin % iy(L before me, Barbara Copeland, Notary Public Oate Here Insert Name and Tile- of the officer personally appeared Stephanie Pharr Name (s):of. Signer(s) r CO BARSARA BARA PELAND CC Commission # 1845510 K iNotary Public - California Zz Z Z Orange County My Comm. Expires Apr 19, 2013 t who proved to me onthe basis of satisfactory evidence to be the person(s) whose ose name(s) is/aresubscribecl to the within instrument and acknowledged to me that he/shelthey executed the;same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf :of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal: Signature " w Place Notary Seal Above Si nature of Notary Public (/ OPTIONAL Though the information below is not required by law, it may prove valuable, to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'Title or Type of Document: DbcUment;Date: Signer(s) Other Than Named Above: Capadity(ies) Clairried, by Signer(s) Signers Name: Stephanie Pham El Individual F7 Corporate Officer — Title(s) 0 Partner — El Limited 0 General Attorney in Fact. ❑ Trustee ❑ Guardian or Conservator EJ Other: Signer Is Representing: Number of Pages: Signer's Name - El Individual D Corporate Officer — Title(s) El Partner — 0 Limited El General E Attorney in Fact El Trustee F1 Guardian or Conservator El Other. - Signer Is Representing: 02007 Nb—al N.f..ry Association - 9050 De Soto Ave., r.0- Box 2402 -Chatawotfh, CA 91313-2402 - ,wY.N.V—afNot&,y.org Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20^, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. EMri 1' I fah '3 -TLS o3. ab . tsio 247542A CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of , 20 By: s/»/a —A.J 3 • Zo-otQ Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] B IF t2 cGRA , 3- t �, A ORNEX _TL) 3-_C�6-UP 1 245911 1 City of Huntington Beach 2000 Main Street © Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 13, 2009 HYM Engineering, Inc. 15361 Eucalyptus Ave. Bellflower, CA 90706 Re: Downtown Bollard Project — CC-1358 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, ?an 7"Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister New Zealand ( Telephone: 714-536-5227 ) Council/Agency Meeting Held: O OD Deferred/Continued to: AAoo C CI r s Siglure Council Meeting Date: 10/19/2009 Department ID Number: PW 09-50 CITY OF HUNTINGTON REACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C CIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIS R A/- PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT OF PUBLICO` STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Award Construction Contract for Downtown Bollard Project, CC-1358 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On September 29, 2009, bids were opened for the Downtown Bollard Project, CC-1358. City Council action is requested to award the construction contract to HYM Engineering, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $80,000 are available in the Downtown Bollard Project, Account No. 30590006.82000. The estimated project cost is $45,000. Recommended Action: Motion to: 1. Approve the plans and specifications for the Downtown Bollard Project, CC-1358; 2. Accept the lowest responsive and responsible base bid submitted by HYM Engineering, Inc. in the amount of $37,790; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER: PW 09-50 Analysis: On July 20, 2009, the City Council appropriated $170,000 for the Downtown Bollard project. This project will install removable bollards in the downtown area to facilitate street closures for special events. In September, the bollard and sleeves were procured for approximately $65,000. Installation of the foundations and sleeves was put out to bid and bids were opened publicly on September 29, 2009. The verified bid amounts are below: Bidding Contractor Base Bid Amount (Submitted) 1. HYM Engineering $37,790.00 2. S.J. Gri olla Const. $39,440.00 3. JDC, Inc. $44,960.00 4. Atlas Allied $46,700.00 5. GSCI $47,305.00 6. Ted Company $49,036.00 7. EBS, Inc. $52,453.00 8. Alcorn Fence Co. $54,530.00 9. TTS Engineering $58,800.00 10. Concrete Coring Co. $64,386.00 11. Nobest, Inc. $65,100.00 12. Naka Engineering $68,770.00 13. Gamma Builders $98,300.00 14. Malibu Pacific Tennis Courts $132,500.00 The reference check for HYM Engineering provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract to HYM Engineering, in the amount of $37,790. The total estimated project cost is $45,000 which includes the construction contract, project management, contingencies, and supplementals. Project construction will begin by November 30. The contractor is allowed 45 days per the specifications, however, the estimated construction time is 20 days. Public Works Commission Action: The Public Works Commission reviewed and recommended the project on July 15, 2009 with a vote of 5-0-0. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: Categorically exempt pursuant to Class 4, Section 15304 of CEQA. Attachment(s): -2- 10/1/2009 5:18 PM 5 k t T i "": d i t= Y k .Z -4 �4��' �i f x P f g� , <,VU qk �{ 1. 0 t ' a - '< y * e �� 4r �� ' 0 1Nil x V y fi ,� a `x' n- :`,, ,(a t=•` - a i *t Ang f _ _' {u `rW .€ ' 4 tt 4 t- (� �`: {`-`�° fit' "r As r a t ��. : 22N,X s amY e by -7 i .`,� a 11, ix u w ate- a ii A, �r I � 4 5+ xi` s d -t -U b i ? raj _; fi s �* •`; ,� rh wan- 4 A- '10 i r" w r- xa" d� k7_ ' r LOCATION MAP Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 10/5/2009 N. 0 158 316 One inch equals 158 feet MA i INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Downtown Bollard Project, CC-1358 COUNCIL MEETING DATE: October 19, 2009 RCA ATTAC H IVLE NTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Appiicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attacheducable El Not A Staff Report (If applicable) Attacheducable Not A Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION= FOR RETURK OFITEM . RCA Author: T. Broussard Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): September 10, 17, 24, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 24, 2009 at Costa Mesa, California Signat SECTION A NOTICE INVITING SEALED BIDS for the DOWNTOWN BOLLARD PROJECT CC No.1358 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN ;that the .CITY OF HUNTINGTON BEACH,.as AGENCY, invites sealed bids for the above stated projects and will receive such, bids in the, office of the City Clerk, Second Floor; 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 on September 29, 2009. Bids will be publicly open in the Council, Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract. documents are available from the Office of the Director of .Public Works, 2000 Main Street, Huntington. Beach, CA 92648, upon payment of a $30.00 nonrefundable fee.if picked up,.or payment of a $40.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. ' Any contract entered .into pursuant: to this notice, will incorporate the provisions of the State. Labor• Code..',Pursuant to: the provisions of.the Labor, Code' of the State of California, the' minimum prevailing rate of per diem: wages ;for each craft,.classification or type of workman. needed to execute the contract -shall be. those determined by. the. Director, of Industrial, Relations of the State of California, which are' on file at, the Office of the Director of. Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention ;from all, progress payments. The. Contractor may substitute an escrow holder surety. of equal value to the. retention in accordance with the provisions of the California Government.Code,,Section 4590. The Contractor, shall, be beneficial owner of the surety and shall'receive any interest thereon: The AGENCY hereby . affirmatively' ensures that minority business enterprises Will 'be afforded :full opportunity to submit bids'in response to this notice and will not be discriminated against on the basis of race, color, , national origin, ancestry, sex, or religion in any. consideration leading to the award of contract. No bid shall be considered unless it is.prepared on the approved -Proposal forms in conformance with the Instructions to Bidders. The:bid,must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed' in accordance with provisions of "the Business and. Professions; Code. and shall possess a State Contractor's License Class at the time of.the.bid-opening: The successful Contractor ,and his subcontractors' will be ,required to possess business licenses from the AGENCY. Project Description: The'project'consists of. installing .the foundations' for CITY'FURNISHED removable bollards and sleeves. The Engineer's estimate is $50,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all•bids under advisement for.a'maximum period of 60 days. BY ORDER of the CITY .COUNCIL of the CITY OF HUNTINGTON, BEACH, CALIFORNIA, the 2nd,day, of September2008, by Resolution No. 2008-54. Attest: . /s/ Joan L. Flynn CITY CLERK THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent September 10, 17; 24, 2009 no�_szi Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on. the following date(s): September 10, 17, 24, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 24, 2009 at Costa Mesa, California 4 Signature SEQION A NOTICE INVITING SEWD BIDS for the _ DOWNTOWN BOUARD. PROJECT CC No.1358 in the CITY. OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY, OF 'HUNTINGTON BEACH, as AGENCY, invites sealed .bids for the above stated projects and will receive such bids in the'office of. the City'Clerk; Second Floor, 2000 Main`Street; Huntington Beach` California 92648, up to the hour of 2:00 on September 29, 2009: Bids will be publicly open in the Council Chambers unless otherwise posted, Copies of'the Plans, Specifications, and contract documents are available from the Office of the Director of Public . Works, '2000 "Main Street, Huntington Beach; CA 92648, upon payment of a $30.00nonrefundable fee if picked up, . or. payment .of a $40.00 nonrefundable fee if mailed via U.S. Postal Service; FedEx, UPS or any other delivery service. ' Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to. the provisions`of the Labor Code of'the State of California, .the minimum prevailing rate of per diem. wages' for each craft, classification or .type of workman needed to execute the' contract' shall be those determined by the Director of Industrial Relations of the State- of,California, which are on file at the Office' of the Director of Public Works, '2000 Main Street,, Huntington ! Beach, CA 92648. The AGENCY-wili'deduct a 10%. retention from all progress payments. The: Contractor may 'substitute an escrow holder surety of equal value to the retention, in accordance with- the provisions of the California Government Code; Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The' AGENCY hereby affirmatively' ensures that minority business enterprises will be.afforded full opportunity to submit bids in response to this notice and will not. be discriminated against on the basis of race, color, national origin, ancestry, sex,' or religion in any consideration leading to the award of. contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable:to.the,AGENCY for an amount no less than 10%'of'the amount bid. The successful bidder shall be -licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class.at the time of the bid opening. The successful Contractor and his subcontractors will .be required to possess business licenses from the AGENCY. Project Description: The project `consists of installing the foundations for CITY FURNISHED removable bollards and sleeves. The Engineer's estimate is $50,000. The AGENCY reserves the right to reject' any or all. bids, to waive any irregularity and to take all .bids under advisement for, a. maximum period of 60 days. - BY ORDER of the CITY, COUNCIL of.the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by, Resolution No. 2008-54. Attest: /s/ Joan L. Flynn CITY CLERK THE CITY OF HUNTINGTON BEACH Published Huntington Beach'Independent September-10, 17, 24, 2009 Alcorn 2 Atlas Allied, Inc. 3 -West ,Concrete Coring Company 8 EBS INC. (Elite Bobcat Service) 9 Fleming Environmental Incorporated 10 Gamma Builders 11 Green Giant Landscape Inc. 1-5 Kiewit Construction Co. 16 Lightning Fence Company 17 Malibu Pacific Tennis Courts, Inc. 20 Ohno Construction Company 21 Pyxis Water Systems, Inc. 22 S. Parker Engineering, Inc. 25 Ted Company 28 30 Bid Opening VVodmheetCC'1558 2 0 0 11) IS E P 20 P 11 1. cv, 9 I�j M39 SFP 2 9 P1,1 2: 00 2099 SEP 29 PH 2: 01 J CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: September 3, 2009 Project/C.C. No.: C.C. No. 1358 Regarding: Downtown Bollard Proiect Bid ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages I Description 1 1 1 Notice Inviting Sealed Bids for Downtown Bollard Project, CC No. 1358 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2008-54 (adopted on 9/2/08), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 9/10/09, 9/17/09 and 9/24/09. The bid opening is scheduled for 9/29/09 at 2:00 PM. Please contact me at 536-5247 with any questions you may have. By: J�) �....� G�. Todd Broussard, Principal Civil Engineer c: file G:\CONSTRUCnON CONTRACTS (CCS)\CCI 358 DOWNTOWN BOLLARDS\BID DOMNISBTRANSMITAL TO CLERK-CC-1358 DOWTOWN BOLLARDS.DOC SECTION A NOTICE INVITING SEALED BIDS for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 on September 29, 2009. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $30.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists of installing the foundations for CITY FURNISHED removable bollards and sleeves. The Engineer's estimate is $50,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2nd day of September 2008, by Resolution No. 2008-54. Attest: /s/ Joan L. Flynn CITY CLERK THE CITY OF HUNTINGTON BEACH Unsuccessful Bids CC-1358 Downtown Bollard Project City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 5, 2010 S. J. Grigola Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, I � O�- +0) Joan L. Flynn, CMC City Clerk J F: pe enclosure Sister Cff Uo�1'4'I�da "AeUir'*9"06�fNew Zealand (Telephone: 714-536-5227 ) ZDDI SEP Z� All C 11, LO co Cn C) CV, A*' lit j Y OF rk �I SECTION C PROPOSAL .for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within, 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find% :o^'� 56`ll?n the amount of $ ®®� + which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ' ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 1 LS Mobilization @_&34, - koAjda e Dollars $ Cents 2 1 LS Furnish Project Traffic Control ' @ tWo- ebtg0S&W 1. t Dollars $A80, $ DU,. Cents 3 49 EA Install "Street Sleeve" Foundation m ' @yrt Dollars $ $ c� 3 7 b 'e'15ki-4 -- + 6 Cents 4 39 EA Install "Storage Sleeve" Foundation fhyA-kJa �. --I ollars $—od 6. $ _Aqq=7Ft Cents 2 Sub Total Bid Amount, Bid in figures: $ c79 a q qo . Sub Total Bid Amount, Bid in Words: ��� o��-� _ �$ e� - 'rwho5M.Rij- Fb rL �- A,a t d0 A5 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 5(o5-1 D By submission of this proposal, the Bidder certifies: 1. That he is able to and will perfonn the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 5�� J4 eJ 3 . GA.i( (44V , being first duly sworn, deposes and says that he or she is Tr,e 5; gm -sit of t7. :5 , (and ((* , Ca.T-Mlw, 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. State of California, County of L o s A n a g l e s Subscribed and sworn to (or affirmed) before me onthis 'Zg;dorof SEP 7- .IOq 7, by :3 G4 64(1 — . proved tame cn the basis of satisfactory e+ridence to be the persopf A ore. Signature: (69 (ad54. C6, -file. . Name of * der Signature of Bidder S1, And Address of Bidder Subscribed and sworn to before me this day of Se®7"- , 20Ocl. NOTARY PUBLIC .°; EARL L. COMM. r#1756370 z z-', Notary Public • California sa Los Angeles County 4 My Comm. Expires Aug, 7 2011 NOTARY SEAL C-5 f 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 Downtown Bollard Project, CC No. 1358; (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. Z ractor q lxb Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes W1 o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 61 6 1 & q �6 0 1/0 ed Contractor By Title C-8 BIDDER certifies that the following information is true and correct: Bidder Name Sj Grigmlla C®nst Co., Inc. 2639 Sierra Way La Verne, Ca. 91790 Business Address Lic. # 462356-A &B City, State Zip ( 101) 696- Telephone Number 1-162-3.56- 809 State Contractor's License No. and Class �e Pfau b l �—/9 490v Original Date Issued Expiration Date The work site was inspected by v-hewol) of our office on / 16 , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 a R 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. Ito (OW (\ s Signature of Bidder Printed or Typed Signature State of California, county of _ l o S A n D e l e s Subscribed and sworn to before me, this ��day of -Subscribedand sworn to(ouaffirmed), before me EARL L. HOOPER onefds Zd dayof S t?T zor COMM. #1756370 z by 3 -V�c A 5 Notary Public - California �u Z Los Angeles County 0 proved tom€+ on the basis of satisfactory vidence My Comm. Expires Aug. 7, 2011 to betitepersoWho, a rote I me. NOTARY -PUBLIC signature: ` NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: f 2 Name and Address of Public Agency Name and Telephone No. of Project Manager: 15 Contract Amount Type ofWork- v Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: //jn j ell - Contract Amount Type of Work Date Completed 3.` Name and dress of Public Agency . / Name and Telephone No. of Project Manager: (���'*�8�d ee Contract Amount Type of Work - -si -C-/ ci Date Completed C-11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we S.J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 770 Pennsylvania Dr., Ste. 110 Exton, PA 19341 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Bond No. T-371 Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Downtown Bollard Project — CC-1358 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of September, 2009 (Witness) (Witness) AIA DOCUMENT A310 • BID BOND u AIA ® • FEBRUARY 1970 E 0 u THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE_ N.W., WASHINGTON, D.C. 20006 1 S.J. Gri of s ion Co. Inc. (Seal) (Title) President Surety) (Seal) Daniel HuGk6bay, (Title) Attorney -in -Fact CALIFORNIA ALL-PURPOSE . Imo''"ice. . ACKNOWLEDGMENT A.•,A STATE OF CALIFORNIA County of Orange On 9/22/09 before me, Arturo Ayala, Notary Public Data Here Insert Name and Title of the Officer personally appeared Daniel Huckaba 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 0V-1A:RTUR1i,1person(s), or the entity upon behalf of which the person(s) :1FOR acted, executed the instrument. mm- #16RY PUBLIC- I certify under PENALTY OF PERJURY under the laws of RANSE C14 the State of California that the foregoing paragraph is true RdM= �Xp= dAand correct. Witness my hand apd i ' eal Signatur Place Notary Seal Above Signature of Notary Pub' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 9/22/09 Signer(s) Other Than Named Above:_ Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General 1Z Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: One Top of thumb here O 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 0 State of California ) CALIFORNIA ALL-PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT On �cF I`�.�', aeiD�j before me, Eat t,* Hiooner. Notary Publ is , - (here insert name and title of the officer) personally appeared Ca—) ::I—, r7'2lC,Q'6`°L_ who proved to me on the basis of satisfactory evidence to be the personnnnnnnX whose name 'afesubscribed to the within instrument and acknowledged to me that/she}they executed the same in rl authorized capacity(iesr; and that by(q/ii��signatur5W on the instrument the perso�, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION EP,RL L. HOOPER o, COMM. #1756370 z Z : Notary Public -California ;0 r Los Angeles County o 111°aMy Comm. Expires Aug. 7, 2011 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document - Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of U i t, © /gyp containing _/ pages, and dated S;P f zz,Z�o9 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact XCorporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Sys. C�2r�o1,a (iris+- 6 1 .17✓ c_ - Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) O Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10107. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary,com Bond No. T-371 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER t 4 AW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance, Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217860 Certificate No. . 002849386 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ralph Eidem Jr., Daniel Huckabay, and Arturo Ayala of the City of Orange , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed andtheircorporate seats to be hereto affixed, this 26th day of February 2009 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company,,. St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance°Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GI.SVA IFp YY ANp +bJ `4:.......9,t,,,,gJ � 8L�Na�1ETY�81D - AA T--...� ��� .' � �tWRTf6Nq t'ea HARTFOnD, �977;SEAL; �jSEJLLsacoNN. u� R�a °� - .: ar `a°Oar y........f ats % ,m�,,;m `� 15NNNyr \s ...... *? 6j FN w. State of Connecticut City of Hartford ss. By: Georg 6Thompson, U., ce President On this the 26th day of February 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ,,TET In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. City ®f Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 5, 2010 Malibu Pacific Tennis Courts, Inc. 31133 Via Colinas, Ste. 107 Westlake Village, CA 91362 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CMC City Clerk J F: pe enclosure Sister Cie l: jo, apanetu"'ai aoer°e, New Zealand (Telephone: 714-536-5227 ) CY7 SECTION C PROPOSAL.. for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF H€1NTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project_ In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find A `$;y`3oymV in the amount of $ 14 or- &,twhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED ,.ITEM WITH 'UNIT PRICE WRITTEN IN UNIT EXTENDED NO QUANTITY` WORDS PRICE AMOUNT I I LS Mob Fzatioon @ /tA; I NVI!�.QA/ 7 .. _. Dollars pc ew.cc s/G, ova• or V- Z��20 Cents 2 I LS Furnish Project affzc Control - @ •y' % �'+3�+/6� Dollars $%V 04F— Ski ' (�� Cents 3 j 49 EA Install "Street Sleeve" Foundation ' @ rT� Dollars $f -� 1 $-75, 4 . Cents 4 39 EA Install "Storage Sleeve" Foundation _Dollars $ i Cents Sub Total Bid Amount, Bid in figures: $ /. A-50 , 00 �---- � Sub Total Bid Amount, Bid in Words: ()� )q� � / !f r ��'` �.7 C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I I Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER. AND SUBMITTED WITH DID State of California ss. County of Orange a l, aAl2M f2— , being first d ly sworn,,depose s ,and sa that he or she is of Hpclok 4,40ra- f�:v,i6p ,` fie 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 sharp bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STEVE FIEDLER Commission # 1771099 Notary Public - California Zz Ventura County Coma►• es0028,2011 311133 N] i - uuo; !nx2E, Address of Bidder Subscribed and sworn to before me this Or"day of S(�6&Z20 2 . NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Downtown Bollard Project, CC No. 1358; (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �—_ 0- Y a2 Title rn C-6 DISQUALIFICATION QUESTI®NNAW In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-'7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 9-05--Oy e#q0:jriC- PE;&j�j;:5 aV,261 :T�6 4BCo actor POE25 QPJE�r— Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig`Alert Identification Number be issued before a Permit to Excavate will be valid_ To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-41.33 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Norte: This form is required .for every Dig Alert Identification Number issued by T.S.A. during the course of'the Work. Additional.forrns may be obtained froth the AGENCY upon request. C-9 �� i�. �;, ram. I ', '�' ; • I ,1.. . BIDDER certifies that the following information is true and correct: MAL:i 0 V 7T—:�cs, Bidder Name VIA- ia7 Business Address City, State Zip 3 797 Telephone Number 6 )" 7 , & L State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by our office on , 20 The following are persons, firms, and corporations having a principal interest in this proposal: Pv, I v�m:�7- C-10 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. - - 0 6pL► b �! 70N `� lam` F� J _,.L_ 4V �1 Comp y N Siena e of Bidder Printed or Typed Signature Subscribed and sworn to before me this 2Pd. ay off �d'i'IDr�, 200Y . STEVE FIEDLER Commission # 1771099 Notary Public - California Z Ventura County Comm. Ex Tres Oct28, 2011 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3- Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work e-'e� LJ47- Z Date Completed Date Completed Date Completed C-1I MALIEU PACIFIC TENNIS UR INC. 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX REFERENCE LIST ABC Unified School District 16700 Norwalk Blvd. Cerritos, CA 90703 George Zaragoza — (562) 254-1160 Tennis Courts — 2003 - $93,000 Buena Park School District 6885 Orangethorpe Avenue Buena Park, CA 90620 Glenn Sheek — (714) 736-4272 Playgrounds — 2000 - $550,000 City of Agoura Hills 30101 Agoura Court Agoura Hills, CA 91301 Jay Patel — (818) 597-7300 Tennis Courts & Playgrounds-1996 - $100K Custom Street Signs — 2002 - $150,000 New Restroom & BB Court -2007 — $250K New Tennis Court Facility — 2008 - $400K New Restroom — 2008 - $300K City of Alhambra 111 S. First Street Alhambra, CA 91801 Tom Cardoza — (626) 570-5048 Playgrounds — 2000 - $40,000 Playgrounds — 2005 - $490,000 City of Arroyo Grande 208 East Branch Street Arroyo Grande, CA 93421 Mike Linn — (805) 473-5444 Tennis Court — 2005 - $200,000 City of Azusa 320 N. Orange Place Azusa, CA 91702 Joe Jacobs — (626) 812-5220 Basketball Court — 2001 - $69,000 Shade Structure — 2003 - $43,000 Basketball/Volleyball Ct — 2005 - $200,000 City of Bakersfield 4101 Truxton Avenue Bakersfield, CA 93309 Greg Cronk — (661) 326-3866 Skate Park & Playgrounds —2000 $350,000 Playgrounds — 2007 — $65,000 City of Carson 701 East Carson Street Carson, CA 90745 Patricia Elkins — (310) 830-7600x1816 Playgrounds — 2001 - $170,000 City of Corona 400 S. Vicentia Ave. Corona, CA 92882 Lee Stryffeler — (951) 279-3755 Steve Lawson —(951) 736-2369 Playgrounds — 2006 — $50,000 Tennis Courts 2007 - $360,000 Playground — 2007 - $57,000 City of Calabasas 26135 Mureau Road Calabasas, CA 91302 Thomas Gdala/Jeff Rubin (818) 878-4242 Bus Shelters — 2007 — $145,000 Playgrounds — 2007 — $600,000 Restroom Renovation — 2007 - $600,000 City of Covina 125 E. College Street Covina, CA 91723 Robert Staples — (818) 388-0564 Baseball Backstops — 2002 - $250,000 Roller Hockey Rink — 2004 - $75,000 Bandshell Renovation — 2005 - $189,000 Restroom Renovation — 2007 - $300,000 City of Culver City 9770 Culver Blvd Culver City, CA 90232 Elaine Jeng — (310) 253-5621 Cardiff Parking Structure — 2007 - $600,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 MALIBU PACIFIC TENNIS COURTS, INC. 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX City of Gardena 1717 W. 162" Street Gardena, CA 90247 Dave Negrete — (310) 217-9564 Playgrounds — 2003 - $175,000 City of Glendora 116 East Foothill Blvd. Glendora, CA 91741 Halla Speaker — (626) 914-8231 Playgrounds — 2002 - $45,000 City of Hawaiian Gardens 21815 Pioneer Blvd. Hawaiian Gardens, CA 90716 Ernesto Marquez — (562) 420-2641 Playgrounds — 2002 - $80,000 City of Huntington Park 6550 Miles Ave. Huntington Park, CA 90255 Pat Fu — (323)584-6253 Skate Park — 2001 — $360,000 Tennis Courts — 2007 - $250,000 City of Inglewood One Manchester Blvd. Inglewood, CA 90301 Eugene Parker — (310) 412-5333 Playgrounds & Tennis Courts - $300,000 City of Irvine One Civic Center Plaza Irvine, CA 92606 Doug Davidson — (949) 724-6675 Playgrounds — 2003 - $250,000 - Playgrounds — 2005 - $1,200,000 City of Lakewood 5050 Clark Avenue Lakewood, CA 90712 June Anderson — (562) 866-9771 Playgrounds — 2003 - $380,000 City of La Mirada 13700 La Mirada Blvd. La Mirada, CA 90638 Gary Sanui — (562) 943-0131 Bridge — 2000 - $40,000 City of Los Angeles Department of Parks & Rec 200 N. Main Street Los Angeles, CA 90012 Robert Gutierrez — (213) 847-8282 Tennis Courts — 2000 - $569,000 City Of Los Angeles Department of Public Works 1149 S. Broadway, Suite 810 Los Angeles, CA 90015 Paul Tseng — (213) 485-4296 Nabih Balady — (213)978-1900 Playgrounds — 2007 - $1,200,000 Playgrounds — 2008 - $800,000 City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Mary Lindley — (805) 529-6864 Roger Blais (805) 517-6283 Tennis Courts — 1999 - $550,000 New Park — 2007-$180,000 City of Oiai 408 S. Signal Street Ojai, CA 93023 Glenn Hawks — (805) 640-2560 Tennis Courts — 2002 - $400,000 City of Oxnard 1060 Pacific Avenue, Bldg. #3 Oxnard, CA 93030 Larry Thompson — (805) 385-7951 Playgrounds — 2005 - $450,000 Playgrounds — 2006 - $550,000 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Jeff Winklepleck — (760) 346-0611 Palm Desert Skate Park — 1999 - $439,000 City of Palmdale 38250 Sierra Hwy Palmdale, CA 93550 Lynn Glidden (661) 267-5100 Water Park Shade Structure — 2007 — $45K Playground — 2007 - $100,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 /M ALIBU PACIFIC TENNIS COURTS, INC. 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX City of Riverside 3900 Main Street Riverside, CA 92522 Andy Emery — (909) 826-2021 Playgrounds — 2002 - $1,000,000 Roller Hockey Rink — 2001 - $150,000 City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Mr. Ken Rukavina — (626) 569-2151 Playgrounds — 2004 - $400,000 City of Santa Clarita 23920 Valencia Blvd., Suite #120 Santa Clarita, CA 91355 Kit Nell — (661) 286-4140 Basketball Court —1998 - $100,000 City of South Pasadena 1414 Mission Street South Pasadena, CA 91030 Veronica Dolleschel - (626) 403-7362 Park Improvements — 2000 - $125,000 Skate Park — 2002 - $105,000 City of Torrance 3031 Torrance Blvd. Torrance, CA 90503 Ken Kelso — (310) 618-2935 Tennis Courts — 1999 - $400,000 City of West Hollywood 8300 West Santa Monica Blvd. West Hollywood, CA 90069 Kevin Trudeau — (323) 858-6339 Playgrounds & Tennis Cts.-2001-$200,000 City of Westlake Village 31200 OAK CREST DRIVE Westlake Village, CA 91362 Audrey Brown — 818-706-1613 Playgrounds 2006 - $118,000 Playground — 2008 - $379,000 Clark County School District 4828 South Pearl Street Las Vegas, NV 89121 John Regan — (702) 799-7610 Playgrounds & Tennis Cts.-1998-$500,000 Tennis. Courts Resurfacing — 2006 - $400,000 Tennis Court Resurfacing — 2008 - $114,000 County of Los Angeles Department of Public Works 900 South Fremont Street, 5 Floor Alhambra, CA 91803 Joe Camarillo — (626) 300-2340 Lee Barocas — (213) 738-3020 Retaining Wall, New Restroom & Garage — 2004 - $600,000 Playgrounds — 2008 - $1,200,000 Culver City Unified School District 4034 Irving Place Culver City, CA 90232 Mike Korgan — (310) 842-4203 Playgrounds —1996 - $300,000 Baseball Backstops — 2003 - $225,000 Playgrounds — 2006 - $240,000 Fencing — 2007- $150,000 Department of Boating & Waterways 1629 "S" Street Sacramento, CA 95814 Leanne Talbott — (916) 322-1810 Boat Ramps — 1999 - $300,000 Fontana Unified School District 9820 Citrus Avenue Fontana, CA 92334 Tony Lardieri — (909) 357-5230 Playgrounds — 2001 - $200,000 Housing Authoritv Of the County of Santa Barbara P.O. Box 397 Lompoc, CA 93438 Sheree Aulman — (805) 736-3423x14 Block Walls — 2001 - $100,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 ALIBU PACIFIC TENNIS C URT®S9 ®NC. 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818-707-3797 818-706-1951 FAX Kern High School District 5801 Sundale Avenue Bakersfield, CA 93309 John Fox — (661) 827-3181 Tennis Courts — 2005 - $1,550,000 Las Virgenes Unified School District 4111 N. Las Virgenes Rd. Calabasas, CA 91302 Don Blake — (760) 445-9864 Restroom - $330,000 Magnolia School District 10850 Berry Avenue Anaheim, CA 92804 Richard Schwartz — (714) 527-4525 Concrete Ball Walls — 1998 - $100,000 Moreno Valley Unified School District 25634 Alessandro Blvd. Moreno Valley, CA 92553 Nancy Anderson — (951) 571-7520 Playgrounds — 2004 - $1,200,000 Rancho Simi Recreation & Park District 1692 Sycamore Drive Simi Valley, CA 93065 Douglas Duran — (805) 584-4480 Playgrounds & Tennis Cts.-1998-$300,000 Playgrounds — 2005 - $140,000 Park Construction — 2006- $400,000 San Marino Unified School District 1665 West Drive San Marino, CA 91108 Gerald Schober — (626) 584-6584 Batting Cages — 2007 — $40,000 Saugus Union School District 24930 Avenue Stanford Santa Clarita, CA 91355 Anthony Grillo — (818) 889-4061 Basketball Court — 1998 - $100,000 Tempe Union High School District 500 West Guadalupe Tempe, AZ 85283 John Hess — (602) 496-0244 Tennis Courts — 1996 - $300,000 Ontario - Montclair School District 950 West D Street Ontario, CA 91762 mptc reference list — updated 10/27/08 Sandra Escamilla — (909) 459-2500 ext 6366 Playground — 2007 — $100,000 Oxnard Union High School District 309 South "K" Street Oxnard, CA 93030 Lou Cunningham — (805) 385-2531 Tennis Courts — 1999 - $200,000 Pleasant Valley School District 600 Temple Camarillo, CA 93010 Paol Hanson — (805) 445-8677 Playgrounds —1998 - $260,000 CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 �a 1 i' AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we MALIBU PACIFIC TENNIS COURTS, INC. 31133 VIA COLINAS, SUITE 107 WESTLAKE VILLAGE, CA 91362 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3800 ORANGE, CA 92868 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 001100 PERCENT of attached bid ------------------------------------------ Dollars ($ 10 ado 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 DOWNTOWN BOLLARD PROJECT; CC NO 1358 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the -difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of September 2009 (Witness) (Witness) ai) (Seal) (Title) rL�S r` Dom" i NOR H AMERICAN CIALTY INSURANCE CO AN (Surety) )(Se (Title) YUNG T�LLIorn - AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 State of California County of Orange ) On September 23, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mul ick , who proved to me on the basis of satisfactory evidence to be the person(Z) whose name(z) is/aw subscribed to the within instrument and acknowledged to me that he1gjDtfttft executed the same in hisbedftiek authorized capacity(*, and that by hislaftair signature(s) on the instrument the person(z), or the entity upon behalf of which the person(z) 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. f Signature 5�a oFr CHRISTINE T. HOANG 94 �,�� ��; COMM, # 9827909 � W o NOTARY PUBUOCAUPORNIA ORANGE COUNTY (Seal) try Comm. Expires DEC 23.20112 , NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JENNIFER C. GIBONEY, JAMES W. MOiLANEN, YUNG T. MULLICK, CHRISTINE T. HOANG and P. AUSTIN NEFF JOfNTLY OR SLVLPALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION (S25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." '`4¢ timttli'+tJrYfG��Nrrr� f./ _ ra ��tptlt7,jTKiOtUFl(�$ ?s: R ;�s By7. �patG SEAL l m Steven P. Andersen, PreAdent &Chief Executive Officer of Wasringtan International inwranee Company SEAS, E W .Z 187$ eO; A & Senior Vice President of i wth American Specialty lnwranm Canpany '�irrj&py f t-tia�•�e a o Byy +aamaam David M. Layman, Senior Vice Presiden or Washington IntemationalInsrrance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of February 12009 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this lath day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "C?FP'dOAL SP,�,T» �NSVA D- SflSflk.NS Nataty Public, State of I98isao� Pity Coalnilssaon.T�iies 1Q106121111 k �) J",6 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of sEPTEMBER , 20 o9 . James A. Carpenter, VicePm dent &AssiAant Secretazy of Washington International Insumnce Convany & Nash American Specialty Insurance Company State of California County of Los Ajjgeles _ ,On Sept 28, 2009 before me, Steve Fiedler', �Notary Public �ft ofter personally appeared Phil Carter STEVE FIEDLER Commission # 1771099 Notary Public - California zz .. Ventura County IVVComM-EXPkwOc128.2011 ~ WITNESS my and offi Signature OPTIONAL Though than inkrm at n 2x--:tail r; no! required 0 tags< ",'+ �rnprove waivabit to a -sons telyi sg on the downwt and could prrrt trot 1, avd ak 7t rFr: ma 1 and reattachment € f #ris form to another &x-v arent. cription of Attached Document t Title r Type. of Documer t: _Bid Bond Document mate September 23, 2009 Number cf i ner{s) ether Than Name Above : None Capacity(#es) Claimed by Signer(s) Signer's NamePhil Carter Signer's hJint ......... - Individual W Individual Corporate Officer r T,€l s : President Corporate _Officer — Ttttl 0sY Partner — i, Limiter , General rtnet --? i Urnited ; 3 General _! _ -y, EAttorney in Fact » , Attorney in Fact `%tali{ Trustee Guardian ur Conse axor Guardian or Conservator Other .._... _ .— _ der .. -- 1 Sit raer is l epresertt n . _ Signer Is Representing' —-- Malibu Pacific Tennis Courts, Inc �..m r -02001Nab,014-9#olWy,X-�iu':CRt• E',M, D)&v€^.... P',Q.Sr..'�.4.1n CA 9,313-2E+W-+ Y:'FTv:.i'33W3`s"fnolar"ym; itol": yrw- 7 kn,�,- `Ca4 TrAl-Fik*I-^.�E',`-?1f."e-6 1 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 JDC, Inc. 13061 Shasta Court Rancho Cucamonga, CA 91739 RE: CC-1358 - Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) W SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER .understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in 91 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. G Accompanying this proposal of bid, find i r� in the amount of $ �d �D which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 1 LS Mobilization Dollars C/ Cents 2 1 LS Furnish Project Traffic Control Dollars $ Li 00_$ Cents 3 49 EA IInst ,jl "Street Sleeve" Foundation CC, <a 1',worll ` Dollars a , ��— .�� $ Cents 4 39 EA Install "Storage Sleeve" Foundation �r'ri✓1�(.y Dollars _ = y 9 J - Cents Sub Total Bid Amount, Bid in figures: $ Sub Total Bid Amount, Bid in Words: 6L C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class �c. v � P3 5► � By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Grarrge- "�' cs L e—Ae- e-,,j r> being first dully sworn, deposes and says that he or'she is of — ) C-- 2�<, 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. Namtof Wd of Bidder 3'`.� E` Address of Bidder Subscribed and sworn to before me this day of Tg-c-?ng0,120. rA LDRINNO E CIApK Commission # 1635906 Notary Public • California San Bernardino County ' Mv Comm. Expires agar 11, 2013 NOTARY PUBLICS/L. NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Downtown Bollard Project, CC No. 1358; (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. :3 x• eOM3 1 NYC', Contract wi B�y 11 AL_, . TitleV C-6 I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 'VNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 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: Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed,and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor C Title Date: Note: Thisfibrin form is required . for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional.forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name To, e�,4_ -3yuL-1 & Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected byof our office on� The following are persons, firms, and corporations having a principal interest in this proposal: Clek72_0L_��e�► na►J r) C-10 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. u MI f Printed or Typed Signature Subscribed and sworn to before me this 261 day of T7---w be, 200 I NOTARY PUBLI q�-,C. com""Won 0 1$35 San 8e"Wdioo County NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: ct- Name Address of Public Agency T^'9 Name and Telephone No. of Project Manager: Grp Contract Amount Type of Work 2. C-t �� `T- �S C-, i o ou Name and Wddress of Public Agency Date Completed Cow nU1C.C��`'t-� M Name and Telephone No. of Project Manager:C-�%1��="` Q-K> Fi�o) 6 00 LOI (30 C4!)VJ Contract Amount Type of Work , i Date Completed 3. 0-4 - ®� \I�t`� n Name ati Address of Public Agency Name and Telephone No. of Project Manager: -%91l7- CL- c �-N� Contract Amount Type of Work Date Completed C-11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we JDC, INC. 13061 Shasta Court Rancho Cucamonga, CA 91739 as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N. Brand Blvd., Penthouse Suite Glendale, CA 91203 a corporation duly organized under the laws of the State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Downtown Bollard Project, CC No. 1358 - Street Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the. Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, o erwise to remain in full force and effect. Signed and sealed this 2' h day of September, 2009 � A JDC, INC. Adriana'ialenzuela, Attorney -in -Fact AIA DOCUMENT A310 o BID BOND o AIA e FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Power of A4torney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff a reof, does hereby nominate, constitute and appoint Adriana VALENZUELA, of Fullerto i e f it agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and eed: any and all bonds and undertakings, and the execution of suc o in ese presents, shall be as binding upon said Company, as fully an is h i ey had been duly executed and acknowledged by the regulark a#i�t ice in Baltimore, Md., in their own proper persons. The said Assistant set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-IlAv`-tSf �j Adds now in force. IN WITNESS e said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, A.D. 2008. ATTEST: r�0 DEP04 iBgi a State of Maryland ss. City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND ay" �'' _- mttl,"L-� Gregory E_ Murray Assistant Secretary By: Theodore G. Martinez On this 6th day of August, A.D. 2008, before the subscriber, a Notary -Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �c / �G ice•.; ( _ _ �VhCJZ O �_A.t/Y��YL� ====I{I }1111\1 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012-4152G ACKNOWLEDGMENT State of California County of Orange ) On September 25, 2009 before me, Amy L. Edgmon, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela. who proved to me on the basis of satisfactory evidence to be the 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. MY L. EDGMON WITNESS my h d and official seal. COMM. #1732551 z / `� •` NOTARY PUBLIC - CALIFORNIAORANGE COUNTY C� My Comm. Expires Agri! 8, 2011 Signat (Seal) State of California County of San Bernardino On September 29,2009 before me, Lorraine Clark (Notary Public) (insert name and title of the officer) personally appeared James DeArmond who proved to me on the basis of satisfactory evidence to be the person whose name( is/er,- subscribed to the within instrument and acknowledged to me that he/she y-executed the same in hi authorized capacity(iie and that by his/bedtheir. signature ion the instrument the person , or the entity upon behalf of which the person(Wacted, execdited 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 official seal. Cmlasion � i>335906 "otarI PulAk - California San B®rnlerdl*o County Comm E res far 11. 2e City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Atlas -Allied, Inc. 1210 N. Las Brisas St. Anaheim, CA 92806 RE. CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister C*A"0AJ6 ""eW"9"VP6 New Zealand (Telephone: 714-536-5227 ) City of Huntington Beach City Clerk 2"a Floor 2000 Main Street Huntington Beach, CA 92648 SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No.1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF 1HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE .AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidders Bondin the amount of$ %10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash,', "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature None j F. C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE TT EM TIMATED ::1TE WITH IJIVIT P:ItICE WRIT I EN IN CTNIT EX TENETS' l 0 Q TANTITY WORDS PRICE -. AIV1OU. T: 1 l LS Mobilization @ Four Thousand Dollars $ 4 0, 0000 $ 4,000.00 No Cents 2 1 LS Furnish Project Traffic Control Three Thousand Dollars $ 3,000.00 $ 3,000.00 No Cents 3 49 EA Install "Street Sleeve" Foundation Four Hundred Sixty _ ;Dollars $ 460.00 $ 22,540.00 No Cents 4 39 FA• Install "Storage. Sleeve" Foundation Four Hundred and Forty Dollars $ 440.00 $ 17,160.00 No Cents Sub Total Biel Amount, Bid in figures: $ 46,700.00 Sub Total Bid Amount, Bid in Words: Forty Six Thousand and Seven Hundred Dollars And No Cents C,3 +I # 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 ore -half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Concrete L & D Grading 1521 Sandiewood Dr. Hemet CA 92543 392954 C-8 & C-12 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Eva Sieiliani , being first duly sworn, deposes and says that he or she is Vice President of Atlas Allied, 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. Atlas Allied Inc. Name of Bidder Th-rl '.� Signature of Bidder Eva Siciliani 1210 N. Las Brisas St. Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 28 day of September, 20 Sq.. NOTARY PUBLIC Please See Attached NOTARY SEAL C-5 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 28th day of September , 2009, by Eva Siciliani, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. C. D. STURGEON Commission # 1730041 Notary Public - California = Z Orange County My Comm. Expires Mar 9, 2011 Signature C.D. Sturgeon, NAry Pu (Seal) U3TILITY 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 Downtown Bollard Project; CC No: 1358; (l)(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: 9/28/09 C-6 Atlas Allied. Inc. Contractor _ 9�1 By Eva Siciliani Vice President Title In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? C] Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 9/28/09 Atlas Allied, Inc. Contractor By Eva Siciliani Vice President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Atlas -Allied, Inc. Contractor < SJJL,"* V�� By Eva Siciliani Title Date: September 29, 2009 Vice President Note: This .form is required .for eery Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional.forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: Atlas Allied, Inc. Bidder Name 1210 N. Las Brisas St. Business Address Anaheim, CA 92806 City, State Zip ( 714 _ 630-3633 Telephone Number 437235 A,B,C34,C36,C42 State Contractor's License No. and Class April 7, 1983 Original Date Issued 4/30/2011 Expiration Date The work site was inspected by Nile Sensabaugh of our office on September 24 , 2009 The following are persons, firms, and corporations having a principal interest in this proposal: George L. Siciliani President Eva Siciliani Vice President Catherine Sturgeon Corp. Secretary C-10 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. Atlas Allied Inc. Company Name Signature of Bidder Eva Siciliani Vice President Printed or Typed Signature Subscribed and sworn to before me this 28 day of September-, 2009 . Please See Attached NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 Please See Attached Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 28th day of September , 2009, by Eva Siciliani, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature C. D. STURGEON Commission # 1730041 -e� Notary Public - California zz Z % Orange County '- My Comm. Wres Mar 9, 2011 (Seal) ATLAS -ALLIED, l Ne. Pipeline General Piping Engineering SINCE 196" Descriptive ,,.. pj 2008 Project: Lampton Elementary School - Site Utilities -Prime Contractor Owner: Norwalk La Mirada Unified School District Address: 12820 Pioneer Blvd Norwalk, CA 90650 Contact: Isela Vazquez 562-868-0431 x 2015 Fax 562-864-7541 Description: Site Utilities including gas, water & sewer. Install pipe, test backfill, patch, replace all site water with new copper system including dielectric fittings, chlorinate entire site water system. Replace all site gas with complete new gas system Dates: Completed 8/28/08 Amount: $332,650.00 Project: Fullerton College - Building 1400 Site Work / Utilities -Prime Contractor Owner: North Orange County Community College Address: 1830 W Romneya Drive Anaheim, CA 92801 Contact: C W Dover Builders Tanya Sundries (714)732-5770 Fax (714) 446-0770 Description: Site utility improvements including storm drain, concrete and asphalt repairs ©ates; Completed 6-1-09 Amount: $1,949,511.00 Project: Modification to Existing Pressure Relief Facilities Owner: West Orange County Water Board Address: 2000 Main Street Huntington Beach, CA 92648 Contact: City of Huntington Beach Duane Wentworth (714) 536-5517 Fax (714) 374-1573 Description: Install new Pressure Relief System for 20" City Huntington Beach water supply line, including excavation, piping, welding and on site improvements. This water line is a critical supply line for the City Huntington Beach water system. Dates: Completed 5/12/08 Amount: $246,150.00 Project: New Water Meter Installation & Meter Exchange Program -Prime Contractor Owner: City of Westminster Address: 8200 Westminster Boulevard Westminster, CA 92683 Contact: Paul Kalix (714) 719-0461 Fax (714) 373-5328 Description: From Early 1990 Atlas -Allied has performed a city wide water meter replacement of approximately 14,000+ water meters on 3 different contracts Dates: 8/27107 - Current Amount: $354,500.00 YTD l►� .4TL4S-ALLIED, INC. Pipeline giGeneral Piping Engineering SrHCE tvcv KRITAMMUM • • Project: Lancaster Layover Service Utility Enhancement -Prime Contractor Owner: Southern CA Regional Rail Authority Address: 700 S Flower Street, Suite 2600 Los Angeles, CA 90017 Contact: LIM & Nascimento Engineering Corp Francisco Villasenor (714) 998-3841 Fax (714) 974-6193 Description: Metrolink Lancaster Station installed water, sewer, and communications utilities for end of line train maintenance yard. All work done with no interruptions or down time to the metro link trains. Dates: Completed 4/9/08 Amount: $1,136,537.00 Project: Orange Coast College East I West Utility Upgrade -Prime Contractor Owner: Coast Community College District Address: 1370 Adams Avenue Costa Mesa, CA 92626 Contact: C.W. Driver Randy Rankin (714) 5404974 Cell (714) 540-5721 Description: East I West Utility Upgrade I Phase II- Installed 1,000 LF of storm drain pipe, 20 catch basins, 1,000 LF of sewer for East Side Campus Wide Upgrade Dates: Completed March 2008 Amount $639,872.00 Project: Huntington I Bolsa Chica State Beach - Emergency Backflow Project Owner: CA Department of Parks & Recreation Address: 3030 Avenida del Presidente San Clemente, CA 92672 Contact: Julie Tobin (949) 366-4888 Fax (949) 492-9437 Description: Installed (4) 6" RP emergency backflow devices at various locations in the city of Huntington Beach following Huntington Beach Water Department compliance on a critical path emergency basis Dates: Completed 5JI108 Amount: $91,500.00 ATLAS ALLIED, 11VC. pipelim tea, Mping 4vcE 1969 Engineering Descriptive Job List 2007 Project: Wellhead Treatment at Well #13 Owner: City of Paramount Address: 16400 Colorado Avenue Paramount, CA 90723 Contact: Bill Pagett P.E. (562) 220-2157 Fax (562) 220-2105 Description: Manganese removal of Well #13 in the City of Paramount. Installation of new filtering system (3each 10,000 gallon tanks, 2 each 8,000 gallon tanks, and 124,000 lbs of media fiftering material). Including 83,000 gallon bolted tank, 2 block buildings,new serge tank, new chemical feeder tanks (1,996 gal & �U gal tanks),new So Cal Edison service, new Murphy Panel, new Filter Control Panel (FCP), new metering and valve system. Dates: Completed 4/10/07 Amount: $1,368,524.00 Project: Huntington Beach High School Utility Installation -Prime Contractor Owner: Huntington Beach Union High School Dist Address: 5832 Bolsa Avenue Huntington Beach, CA 92649 Contact: McCarthy Building Companies John Staff (949) 851-8383 Fax (949) 756-6843 Description: Combined utility upgrades including 1,000 LF of Domestic Water, Fire Water, irrigation, Electrical Conduit and Gas, plus surface repairs as needed Dates: Completed 8124107 Amount: $1,043,344.00 Project: Foothill High School Site Utility Infrastructure -Prime Contractor Owner: Tustin Unified School District Address: 300 South C Street Tustin, CA 92780 Contact: Douglas E Barnhart, Inc John Squillace (714) 731-4687 Fax (714) 731-4691 Description: Installed 1,000 LF of 6" - 10" Storm drain, 1,000 LF 8" Sewer, 800 LF 8" Fire water line, 600 LF 6" Domestic Water, 500 LF 3" Gas line at Foothill High School for the Site Utility Infrastructure Quad Upgrade Dates: Completed 8/31 /07 Amount: $975,258.00 Project: Concordia University Sewer, Water, & Storm Drain Installation Owner. C W Driver, Inc. Address: 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Contact: Chris Graber (949) 261-5100 Fax (949) 261-5167 Description: Installed Underground Site water, sewer & storm drain (8" Water line 800' / 18" Storm Drain 1,000' / 6" Sewer line 700' ) through out Concordia University in Irvine Dates: Completed 6127/07 Amount: $885,729.00 ATLAS -ALLIED, INC. Pipeline General Piping Engineering ."INCB 1969 2007 Continued Project: Replace Pressure Reguatting Station #36 Owner: City of Anaheim Address: 200 S Anaheim Blvd Anaheim, CA 92805-3820 Contact: Bob Palaeologus (714) 765-5176 X5711 Fax (714) 765-5225 Pressure Regulating Station #36 Description: Replacement of Pressure Regulating Station #36 Dates: Completed 3/1107 Amount: $372,115.20 Project: Water Meter Installations Owner: City of Alhambra Address: 111 S. First Street Alhambra, CA 91801-3704 Contact: Phil Nichols (626) 570-5067 Fax (626 ) 570-5067 Description: From 2003-2007 Atlas -Allied has performed a city wide water meter replacement of approximately 4,000+ water meters for the City of Alhambra. Dates: 2003 - 2007 Amount: $194,325.00 ATLAS -ALLIED, INC. Pipeline General Piping Engineerinc SINCE. 1969 ' Walsh -Dillon Construction 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Mike Dillon (949) 661-0346 Fax (949) 661-0346 Water Improvements @ Ortega Hwy, San Juan Capistrano $73, 000.00 Huntington Beach Union High School Dist 5832 Bolsa Avenue Huntington Beach, CA 92646 John Staff / McCarthy (949) 851-8383 Fax (714) 964-3408 Waterline @ Huntington Beach High School Completed 3/16/06 $221,155.36 S D Deacon 20201 S W Birch Street, Suite 100 Newport Beach, CA 92660 Mark Runyan (949) 222-9060 Fax (949) 222-0596 Water, Sewer, Storm Drain @ Stadium Promenade, Orange $301, 012.93 Orange County Water District 18700 Ward Street Fountain Vailey, CA 92708 Mark Butier, Jr. (Butier C.M. 714 832-7222) Fax (714) 832-7211 Warner Basin Dam, Anaheim Completed 9/27/06 $364, 282.66 ATLAS -ALLIED, INC. Pipeline General Piping Engineering SINCE 1969 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Roger Fisher - (949) 250-1500 Ph Fax (949 ) 555-2708 Anaheim High School Modernization $99, 701.00 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Guillermo Aguilar - (949) 250-1500 Fax (949) 555-2708 South Junior High School Fire Water / Storm Drain Extensions $194, 900.00 North Orange County Comm. College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Mike Fistes - (714) 252-9440 Fax (714) 252-9445 Cypress College Water System Improvements $455, 720.94 North Orange County Comm. College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Harold Abein (C W Driver 949 261-5100) Fax (949 261-5167 Fullerton College - FireWaterSystem&StormDrain Completed 4/25106 $2,093,083.00 Norwalk - La Mirada Unified School Dist. 12820 Pioneer Boulevard Norwalk, CA 90650-2894 Dennis Teo - (562) 863-2833 Ph fax 562) 863-2813 Interim Housing @ Arturo Sanchez Elementary School $586, 350.00 Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Hilda Bojorquez - (951) 296-6989 Fax (951) 296-6860 Recycled Water Meter Modification $43, 350.00 El Rancho Unified School District 8910 E. Slauson Avenue Pico Rivera, CA 90660 Pedro Newbern - (626) 449-6787 Fax (626) 449-6477 Modulars: 8 Classrooms - 2 Restrooms At South Ranchito Elementary School $1, 229, 357.34 Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Mark Butier, Jr. (Butler C. M. 714 832-7222) Fax (714) 832-7211 Mini -Anaheim Inflow Improvement Completed 3/14/06 $709,989.85 r;; Pipeline General Piping SINCE 1969 Engineering Anaheim Union High School Dist. C/O G K K Works (JFK High School) 8281 Walker Street La Palma, CA 90620 Ed Sukchai (714) 220-2600 Fax (714) 220-0277 Fire Water Connection @ JFK High $109, 096. 00 CA Department of Dental Health Metropolitan State Hospital 11401 S Bloomfield Avenue Norwalk, CA 90650 Leroy Richards (562) 651-4396 Fax (562) 929-1054 Shut Off Valves / Water Valves $105, 370.00 Fullerton Joint Union High School Dist. C/O Erickson - Hall Construction 1021 W Bastanchury Rd., #110 Fullerton, CA 92833 Dave Hall (714) 738-4995 Fax (714) 738-5194 Water Improvements - 4 Sites $208, 500.00 John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 Jeff Oviedo (949) 252-5275 Ph Fax (714) 979-9862 Flush Mount Fire Hydrants $1, 097, 034.00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Ambrose Ajelo (626) 458-7921 Fax (626) 458-7827 Pump Station - Manhattan Beach $159, 585. 00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Jose Pou (626) 458-2191 Fax (626) 458-2197 Low Flow Diversion - Redondo Beach Completed 4129105 $398, 203. 87 Walsh -Dillon Construction Inc. 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Fire Hydrant / Storm Drain Improvements Michael Dillon (949) 661-0346 Fax (949) 661-0346 $158, 801. 00 Helix Water District 7811 University Avenue La Mesa, CA 91941 Art Floto (619) 596-1329 Ph Fax (619) 596-1320 Transmission Main Valve installation $252, 367.00 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we ATLAS -ALLIED, INC. 1210 N. Las Brisas Anaheim, CA 92806 as Principal, hereinafter called the Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMIERICA 120 Vantis, 3`d Floor Aliso Viejo, CA 92656 a corporation duly organized under the laws of the State of WASHINGTON as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Downtown Bollard Project, CC No. 1358, In the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25t' day of September, 2009 4 ATLAS -ALLIED, INC. ie Eva Siciliani, Vice President/Treasurer FIRST NATIONAL IN RAN E COMP NY OF AMERICA r Adriana Valenzuela, Attorney -in -Fact AIA DOCUMENT A310 o BID BOND e AIA . FEBRUARY 1970 ED e THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 POWER First National Insurance Company of America 1001 4th Avenue Libut- al OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 13201 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ****************LOURDES LANDA; MARK ROSSKOPF; ADRIANA VALENZUELA; Fullerton, CA*********** its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 st fix* R, III Dexter R. Leaa. Secr day of March Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 2009 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of SEP 2 5 2009 SEAptx* SEALA 9Z L w 1928 OF VAS Dexter R. Legg, Secretary S-1049/DF 3/09 a 40 WEB PDF ACKNOWLEDGMENT State of California County of _ Orange ) On September 25, 2009 before me, Amy L. Edgmon, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person( whose name(jQ is/ere- subscribed to the within instrument and acknowledged to me that-1 a/sheA#he�executed the same in -his/her/their authorized capacity0es), and that by his/her/their signature(4 on the instrument the person(io), or the entity upon behalf of which the person(-C 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 h nd and official seal. AMY L. EDCMON COMM. #1732551 z w ` NOTARY PUBLIC - CALIFORNIA:K t ORANGE COUNTY Signature ----'� (Sea Gomm. expires April 8, 2011 ( ) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Golden State Constructors, Inc. 6162 Galipean Dr. Huntington Beach, CA 92647 RE: CC-1358 —Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CHIC City Clerk JF:pe Enclosure Sister CgiestoT�Icb, opnant9r 1?an C'8?�, New Zealand 1 Telephone: 714-536-5227 ) SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON REACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON :REACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans 4rid specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perfonn the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ) in the amount of $ / b 7 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED: ITEM WITH UNIT PRICE WRITTEN IN UNIT <` EXTENDED' N4 QUANTITY' : W(4RDS PRICE AMOUNT.. l I LS Mobilizationi @ Dollars $ 96L $112o y Cents 2 l LS Fu isle Project Traffic Control Dollars $CX7 $ °Tim �, a •�, d �f�,.-�t � O� Cents 3 49 EA Install "Street SleCe" Foundation @5x uwe�ied T $ 6o/S s3gK5- ._._.__Dollars " c� Cents 4 39 EA Install "Storage Sleeve" Foundation ec( ;rAv _Dollars $ © Cents rr 52Je✓ Sub Total Bid Amount, Bid in figures: $ �-Asa.-.ifae Sub Total Bid Amount, Bid' in Words: c/7j 30 5— C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or reader service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C�yri a% , bein first dulysworndeposesand says that he or she is Pr-e a A" of �6(4,j 6,,16c&j3 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 sharp 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. gw'u� f e Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this � day ofSA WM , 20 46 . NOTARY PUBLI •w, ., CLAUDIA COCHRAN COMM. #1722119 oa: Notary PubiioCalifomia y NOTARY SEAL C-5 AI'm X014r. AVJ-Ni'#M State of California County of Oof j .� (5- On 9 before me, G CA-0-9 0 CO A-) l?> /+11`O 19013c 1 L (Here insert name and title of the officer) personally appeared 0-0t )tj C C - C-C> ' who proved to me on the basis of satisfactory evidence to be the person(F)rwhose name( i /are -subscribed to the within instrument and acknowledged to me that9/sheM-,ey executed the same i( i�� authorized capacity(i@&), and that b hI he4 signatures"n the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. &-.Notary AUDIA COCHRAN OMM.01722119 m WITNESS y hand an seal. ORANNCOUNTY � � Comm, E , Jon 30, , Signature of Notary Public (Notary Seal) AIDIDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacity of the signer). Please check the document carefidly 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/theme is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat 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. ,C Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ti Indicate title or type of attached document, number of pages and date. 1- 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 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 Downtown Bollard Project, CC No. 1358; (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 he performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: t 4 9164f St_; 6��_xy� Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. I I i Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: q -Z 9 ` 0 Contractor By Pf - j4a, Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid_ To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Wt GbUe.'o-i " co'W�6c4b,'_3 Contractor LP0 iCOarad By Title Date: I Li — (-\q Note: This form is required for every Dig Alert .Identification Number issued by U.S.A. during the course of the Work. Additional.forms may be obtained.from the AGENCY upon request. G9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name r Business Address /0,A CA city, state zip 61,F- V S- �7 Telephone Number R(0?06DC) c( 4 f, State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by CN e 6XLc--1 of our office on -�e .200 The following are persons, firms, and corporations having a principal interest in this proposal: pArx C C-10 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. cs�k Comp y Name Signature of Bidder 0 6"" , Printed or Typed Signature z4 Subscribed and sworn to before me this day of S&Vr OT-O-OX200Q .r JILNotary DIA COCHRAN M. #1722119 PubffoC tfomiaANGE COUNTYmm. E . Jan 3o 22o11NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: .017 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of PyAgencName and Telephonelnager: Contract Type of Work Name and dress of Public Agency Name d Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of prT-4,o (e C-97— On cl before me, Cy%yQ 00 F /V p i /-�'''`✓ (Here insert name and title of the officer) personally appeared �rJaJ tip P Y PP (a- who proved to me on the basis of satisfactory evidence to be the persons whose name/are--subscribed to the within instrument and acknowledged to me tha&shcA4ey, executed the same in(I /hekheir authorized capacity(o, and that by6ahiefA4ow signature(e)-on the instrument the person(", r 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 y hand and seal. Signature of Notary Public CLAUDIA COCHRAN COMM. #1722119 m of - Notary PublkrCaWomla L4 '�' OWME COUNT, '& Comm. Exp. ,lan 30, 2011 (Notary Seal) ADDITIONAL, OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacity of the signer). Please check the document carefidly for proper notarial ivording 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 2008 References: City of Laguna Beach Steve May 505 Forest Ave. Laguna Beach, CA 92651 949-497-0351 Construction Dates: 11/18/08 to 11/25/08 Project: Curb and Gutter Replacement Bid Amount: $16,926 Project Total: $16,926 City of Santa Ana Terry Daugherty 20 Civic Center Plaza Santa Ana, Ca 92701 714-615-0891 Construction Dates: 10/27/08 to 11/26/08 Project: Plaza of the Sun Drainage Improvements Bid Amount: $42,21.4 Project Total: $52,750 City of Stanton Nick Guilliams 7800 Katella Ave Stanton, CA 90680-31.62 714-379-9222 Construction Dates: 10/6/08 to 10/17/08 Project: PCC Rehabilitation — Bradford Place and College Drive Bid Amount: $61,340 Project Total: $67,473 City of Huntington Beach Dereck Livermore 2000 Main Street Huntington Beach, CA 92648 714-392-4007 Project: Curb ramps in Various Locations Construction Dates: 7/28/08 to 10/10/08 Bid Amount: $1.67,1.23 Project Total: $183,600 �_..�. �......................... ... _.................. ........... ....................... _.......... t Moffatt & Nichol Gary Foster 3780 Kilroy Airport way Ste 700 Long Beach, CA 90806 562-426-9551 Construction Dates: 6/9/08 to 6/9/08 Project: Harbor Vopak Project Bid Amount: $4,538 Project Total: $5,503 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 7/15/08 to 7/25/08 Project: Senior Center ADA Improvements Bid Amount: $26,892 Project Total: $32,850 County of Orange Tony Nevarez 1143 E. Fruit St. Santa Ana, CA 92701 714-567-7799 Construction Dates: 5/22/08 to 5/24/08 Project: Court House Concrete Replacement Bid Amount: $14,713 Project Total: $14,713 Long Beach Water Dept. 1800 E. Wardlow Rd. Long Beach, CA 90807-4931 562-570-2300 Construction Dates: 4/28/08 to 7/14/08 Project: Water Line Replacement Bid Amount: $149,575 Project Total: $177,328 City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688-2824 949-635-1800 Project: E1Corazon Sidewalk Project Bid Amount: $54,130 Construction Dates: 3/17/08 to 4/21/08 Project Total: $61,081 Norwalk City Hall Randy Hillman 1.2700 Norwalk Blvd Rm 1.6 Norwalk, CA 90650 562-929-5723 Construction Dates: 2/7/08 to 5/4/08 Project: Pool Deck Concrete Repairs Bid Amount: $68,648 Project Total: $83,236 :...� , .. .. .. :: .............. .... _ ............ ... City of Laguna Niguel Attn: Nick Renn 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 1/8/08 to 2/9/08 Project: Crown Valley Restroom Project Bid Amount: $131,736 Project Total: $143,149 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: New Doors at City Hall Construction Dates: 2/2/08 to 2/4/08 Bid Amount: $10,040 Project Total: $10,040 n iff C=o(den State Constructors, Inc. 6162 Gafipean Dr. Huntington Beach, CA 92647 Phone.714-625-8758 Fax.714-625-8295 2-- 009 R�ferences.- City Of Newport Beach Alfred Castanon 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 9/14/09 to ongoing Project: Coastal Access — River Ave Bid Amount: $1,005179.90 Project Total: $ N/A City of Anaheim Matt Card 200 S. Anaheim Blvd. Suite 276 Anaheim, CA 92805 (714) 765-5176 Construction Dates: 7/20/09 to 8/7/09 ,l. Project: Bikeway/Pedway Bid Amount:.$267,765.50. , Project Total: $ 277,000 - City of Irvine Kal Lambaz I Civic Center Plaza Irvine, CA 92606-5207 949-724-7555 Construction Dates: 7/20/09 to 8/7/09 Project: School Enhancement Project Bid Amount: $26,746.25 Project Total: $ 40,335.75 City of Monterey Park Vennie Bermudez 320 W. Newmark Ave. Monterey Park, CA 91754-2896 626-307-1325 Construction Dates: 5/12/09 to 5/29/09 Project: Driveway Entrance Modification Bid Amount: $36,702.20 Project Total: $36,702.20 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 5/4/09 to ongoing Project: Median Island and Striping Modification Bid Amount: $73,963 Project Total: $80,460.15 Golden State Constructors, Inc. References Page 1 City of La Habra Chafik Mouradi 201 E. La Habra Blvd La Habra, CA 90631 562-905-9720x209 Construction Dates: 4/27/09 to 5/l/09 Project: Traffic Management — Traffic Calming Bid Amount: $48,568 Project Total: $ 52,000 City Of Newport Beach Alfred Castanon, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3314 Construction Dates: 3/9/09 to 4/28/09 Project: Balboa Village Alley Replacement Bid Amount: $128,606 Project Total: $142,000 City of Huntington Beach Villa Pacific Huntington Beach, CA Construction Dates: 2/27/09 to 3/6/09 Project: Villa Pacific ADA Ramps Bid Amount: $7,200 Project Total: $7,200 City of Tustin Jason Churchill, Public Works Dept. 1472 Service Road Tustin, CA 92780 714-573-3350 Construction Dates: 2/4/09 to 2/4/09 Project Slope Repair Bid Amount: $4,100 Project Total: $4,100 Department of Public Works Public Works 3rd Floor N306 100 N. Garfield Ave, P.O. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 1/5/09 to 2/27/09 Project: Hamilton Park Drainage Improvements Phase II and III Bid Amount: $236,321 Project Total: $403,571 i cflde.. Stag Constrlactors, Inc. References Pale 2 NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: GOLST-104 KNOW ALL MEN BY THESE PRESENTS: That we, GOLDEN STATE CONSTRUCTORS, (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for DOWNTOWN BOLLARD PROJECT, JOB/BID NO. 1358 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 29TH day of SEPTEMBER, 2009. EIN NOP3,TH AMERICAN SPECIALTY INSURANCE COMPANY BY: P/oM3 A L MATTHEW R. DOBYNS, ATTORNEY -IN -FACT NAS SURETY GROUT' NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R_ DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards o f Directors of both North American Specialty Insurance Company and. Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." -enmalluigr moo@ypwrP!, A. �q 'rs 'Apo - By By ti: YP fir•. Sle P. Andersen, Presldcet & ChkrEzecadvc Onieer or Wuhfacton lateroatioaal Insurance Company = SEAL s7s t97j n & Senior Vitt Prafdoot or North American Speelany hKorame Company O? y71rL.'T:I,.NAMP6�j•O��yr O rRaflltl� By David M. L ymsn, Seal- Vice PPredd�wmhingtan IoteraalionW Insurance Cempony & Vf- Yratdeat or North Amerieao Specialty Insurance Cnmpauy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 20 08 , before me, a Notary Public personally appeared Steven P_ Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. bF610_A_L Sa_W NAD. SX11M Notay Pblic, $tc of 1lulois Commissn Enpires106r 11M Donna D. Sklens, Notary Public I, lames A. Carpenter-, the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 29th day of September 2009 James A. Cerpelter, Vice President & Assistant Somelary or Washington f dmTW,0nW tmuranoe Compooy & - Nonh Aminicaa Spec Wty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On September 29, 2009 before me, Erika Guido, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® 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 ERIKA GUIDO California that the foregoing paragraph is true and correct. COMM. # 1843731 � NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY ry WITNESS my hand and Official Seal. My comm. expires May 5, 2013 IC (6,/ 4-t S1-dnature of OtarV Though the data below is not required by law, it may prove valuable to persons relying on the document and - could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CERTIFICATE OF ACKNOWLEDGMENT State of California County of orfi,'?'/.9 personally appeared Pw'o m9 ' 2C a»k/w who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAYe-.t�authorized capacity(ies), and that by his/helfAheir 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. CLAUDIA COCHRAN 9MyCorrmExp.Jan30, COMM.#1722119 rnWITNES y hand an i seal. :allotary Publie-Calffomia LA`uORANGE COUNTY 2011 Signature of Notary Public (Notary Seal) ADDITIONAL, OPTIONAL. INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document 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. Tyre 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 (t. e. certrfytng 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 nuist be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her - commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hclshcAhay,- is /arm ) or circling the correct forts. 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. 4.6 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 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Kelly Holt dba Ted Company 555 N. El Camino Real A362 San Clemente, CA 92672 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Crqi V1ok.J&a Aewr1*9"WNew Zealand (Telephone: 714-536-5227 �, � �: �N%' ; � � � � ;; SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perfonn the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �� \A/ in the amount of $ , 7-3 & which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bic C-2 DO«'NTON,'N BOLLARD PROJECT, CC No. 1358 PROJECT BIll SCHEDULE I"I'EM ESTIMATED IFFEM WII,H UNIT PRICE «RIYFEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 I LS Mobilization-rA,.ce, c� - Dollars 4� T �... 1-C Cents 2� 1 LS ` ' Furnish Project Traffic Control _ �P1lfC 3 49 EA Iris all `Street Sleeve" Foundation 'Dollars Cents 4 39 EA Install "Storage Sleeve" Foundation Dollars $ s2�9 S Cents Sub Total Bid Amount, Bid in figures: S $I�R, n-3 Sub Total Bid Amount, Bid in 'Words: � R9 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 4310 C9t, c v.C-4` f?N%�� r-SS(Gvic`Tl ISW . CA. 4 � v By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 State of California ss. County,- of �Orange �Jd � ���L IBC Z beingfirst duly worn deposes and says that he or she is Yj P Y ,26 �� of 77 C�y;v�p�,uT the party making the foregoing bid that th id is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Signaturelpf Bidder Address of Bidder Clem e.,,rc Subscribed and sworn to before me this —9day o J , 20 NOTARY PUBLIC ��- �KELLEY A. HOLT N COMMJ 182%06 Ift ® NOTARY PUBLiC•CAVORNIA &ANN COUNTY MY Cori. Exp. NOTARY SEAL C-s 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 Downtown Bollard Project, CC No. 1358; (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The terra "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 he 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. rN Date: Contractor 0 ), z a Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �Ko If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a Aarkof the Proposal, and a signature portion of the Proposal shall constitute signaT�kko th's questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: � "0 Contractor Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Aj (�z Business Address �I I i zt iQ ( /a - City, State Zip Telephone Number State Contractor's License No. and Clas Original Date Issued 5/1/ Expiration Date The work site was inspected ba Aof our office on / ` ,-)- 2 ` 20d. The following are persons, firms, and corporations having a principal interest in this proposal: AI�tz -�Zj L-1" C-10 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. --7 1 Z� Comp N me Signature o i er, /�G Printed or Typed Signature Subscribed and sworn to before me thit-;,—t day o_200JY NOTARY PUBLIC KELLEY A. WXT CoMM.# 1825608 NOTARY KMC-CALIFORNM ORANGE COUNTY MY Coax. EXP. DEC. 04, 2012'# NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the biOder has performed similar work within the past two years: �= - ame and Address of Kblic Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Naive and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 Ted Company 1. Relocate Portable Building On -Site *San Dieguito Academy :Ted 01-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $94,000.00 2. Miscellaneous Site Improvements @ Torrey Pines High School: Ted 02-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $57,000.00 3. Miscellaneous Site Improvements @ Canyon Crest Academy: Ted 03-09 Owner: San Dieguito Union High School District 710 Encinitas Blvd Encinitas, Ca. 92024 Doug Gilbert 760-753-6491 x5589 Jim Mitroff 760-753-0179 x5404 Architect: Roesling Nakamura Terada Joe Mansfield 619-233-1023 Contract Amount: $74,000.00 TED COMPANY 555 N El Camino Real A362 San Clemente, CA 92672 Office: (949) 361- 3065 Fax: (949) 369 — 9910 E — Mail Kelley@?ted-company.com To: Whom it may concern RE: Ted Company Documents Please be advised, Senior Project Manager, Joe Valdez of Ted Company is authorized to sign documents pertaining to Ted Company. Le.: bid documents, change orders, contracts, correspondence, etc. Thank you, l . J tttffi KeI,Gr I IVIL (760) 419-0501 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 KNOW ALL MEN BY THESE PRESENTS, that we Kelly Holt dba Ted Company as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of total amount bid (10%) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Downtown Bollard Project, CC No. 1358 in the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 28th of September, 2009 Signed and sealed this day of , (Witness) (Witness) AIA DOCUMENT A310 - BID BOND o AtA m - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Kelley Holt dba Ted Company (Principal) (Title) Western Surety Company (Surety) (Sea!) Michael R. Strahan, Attorney -In -Fact (Title? 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 Michael R Strahan, Individually of San Diego, 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 Senior Vice President and its corporate seal to be hereto affixed on this 10th day of June, 2009. SURET}.,,. WESTERN SURETY COMPANY �Y—Z- s ti� O PC �9 j Qss :z = oi`SfAb o' S�Tw�oaK°�P� Paul IrBruflat, Senior Vice President State of South Dakota I ss County of Minnehaha On this IOth day of June, 2009, 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 Senior 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 acknowledgessame to be the act and deed of said corporation. My commission expires +titiStititiSS4btialaStiti Y44htitiS + f D. KRELL f November 30, 2012 i sEAI NOTARY PUBLIC SE L i MSOUTH DAKOTA�C i �tibsti SYtiti♦titititiy tiYtiti�tisSS CERTIFICATE A44 k,.I-aj D. Krell, No Public 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 rinted 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 �� day of ?FRET}c WESTERN SURETY COMPANY Y QOq�1i Rfsjh pnii�' L. Nelson, Assistant Secretary Form F4280-09-06 ACKNOWLEDGMENT State of California County of San Diego ) On September 28, 2009 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan , who proved to me on the basis of satisfactory evidence to be the personO) whose name _�s bscribed to the within instrument and acknowled ed to me that she{itaey executed the same in ;h�i� authorized capacity(ies), and that b hi signature(�'f on the instrument the person�e'j, or the entity upon behalf of which the person,Kacted, 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. E. B. STRAHAN COMM. #1668057 z Cr Notary Public • California z ; San Diego County o My Comm. Expires May 19, 2010 Signature (Seal) City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 5, 2010 Elite Bobcat Service, Inc. 1320 E. Sixth, Ste. 100 Corona, CA 92879 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CRVOAYg8asf eWTVAA WP6 New Zealand (Telephone: 714-536-5227 ) INC. ELITE BOBCAT SERVICE GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 ® CORONA, CA 92879 Tel: (951) 279-6869 ® FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main Street, 2nd FL Huntington Beach, CA 92646 SALE :QR Downtown Bollard Project Project No_ 1358 f ms®• ( 11Q/Ach Gel '9.nA ORA SECTION C PROPOSAL for the DOWNTOWN BOLLARD ]PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH[: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. if at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE "MM: RICE WRITTEN' WORDS UNIT`."F,.XTENDED'- PRICE .: -N :A 00 T I I LS Mobilization \\pA r Dollars Cents 2 1 LS Furnish Project Tr4ffic Control $3liqe, 00 $-_--kLi4o, '72-%,9_0 —Cents 3 49 EA 'Install "Street S eve" Foundation Dollars 00 1 —Cents 4 39'EA Install "St ra Sleeve" Foundation VrVt/Dollars $ 5:13.CP $ Llb q513 Cents Sub Total Bid Amount, Bid in figures: $ Sai AA 53. Sub Total Bid Amount, Bid in Words: v: iF+y Iwo, — j;V r- A'A 4 ,NCl- "y Arva -e-M2_0 -Cr,-r\)TS C-3 T�rqt 4�qj In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOI. LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Joseph Nanci , being first duly sworn, deposes and says that he or she is President of Elite Bobcat Service, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Joseph Nanci Name of Bidder Signature of Bidder 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this day of , 20 — . NOTARY PUBLIC C-5 NOTARY SEAL State of California County of Riverside On September 28, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h d and official seal. Signature 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 Downtown Bollard Project, CC No. 1358; (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: 09/28/2009 C-6 Elite Bobcat Service, Inc. Contractor By Joseph Nanci President Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 11 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a pant of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-? 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; 09/28/2009 C-8 Elite Bobcat Service, Inc. Contractor Z�� . By Joseph Nanci President Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Nate: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of ' the Work. Additional. forms may be obtained . from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona CA 92879 City, State Zip 951 1 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31 /2010 Expiration Date The work site was inspected by Joe Nanci of our office on September 23 ) 2009, The following are persons, firms, and corporations having a principal interest in this proposal: Joseph Nanci, President C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, Inc. Company Na e Signature of Bidder Joseph Nanci Printed or Typed Signature Subscribed and sworn to before me this day of , 200— NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: City of Walnut 21201 La Puente Rd, Walnut, CA 91789 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jason Welday (626) 331-8323 $1,584,665 Street Improvements 05/2009 Contract Amount Type of Work Date Completed 2. City of Loma Linda 25541 Barton Rd, Loma Linda, CA 92354 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jarb Thaipejar (909) 799-4400 $451,000 Street Improvements 04/2009 Contract Amount Type of Work Date Completed 3. City of Costa Mesa 77 Fair Drive, Costa Mesa, CA 92628 Name and Address of Public Agency Name and Telephone No. of Project Manager: Pete Merit (714) 925-7432 $299,908 Concrete Improvements 11/2008 Contract Amount Type of Work Date Completed C-11 State of California County of Riverside On September 28, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h and official seal. Signature State of California County of Riverside On September 28, 2009 before me, Jeff Lee, a notary public, personally appeared Joseph Nanci, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness in h d and official seal. Signature 08739262 Bond No. _------------------ NIL Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: Elite Bobcat Service, Inc. Thatwe, ____----------_ ._-----_--___-- BALTIMORE, MD 21203 as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 2 t203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and fug bound unto____CitY_ of Huntington Beach_ Project #1358 Obligee, (hereinafter called the "Obligee"), in the sum of____- f____ ten _ percent of amount bid _ _ _ _S}ollars ($__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 Downtown Bollard Project NOW, THEREFORE, if the Obligee shalt accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure o£ the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in foil force and effect. A Signed and sealed this---------------...___ day of__-----_....-____ 2 8 t h September____. :D ,20 09 ------ - Elite Bobcat Service, Inc. (SEAL} ----------- - ---- - - ---- — --- -- - Principal 11 itness n�� rrle FIDELITY AND DEPOS NY OF MAR D Su ty - -- - -------------- ----- ------ --- --- — — -- - ---- - By--------- - -- - - (SEAL) Witness ATTORNEY -IN- _ T Ttle C325r_5(1M. 7.92 Charles L. Flake C—(a . o Aro�ric a &Wil r of A, hdi of Docvnr-, A-310. rcbrwy 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 09/28/09 before me, Lexie Sherwood. Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEXIE SHERWOOD '" COMM. #105s3ss 3 0 c- _ NOTARY PUBLIC 0 CALIFORNIA n g.t , ORANGE COUNTY Comm. Exp. JULY 27, 2013 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of No Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 - www-NationalNotary.org Item N5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney,, FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e d1s by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB In e S OOD, all of Anaheim, California, EACH its true and lawful agent and a W ° d deliver, for, and on its behalf as surety, and as its act and deed: any and -al° n e xecution of such bonds or undertakings in pursuance of these prese 1 in i as fully and amply, to all intents and purposes, as if they had been d V t ac h ularly elected officers of the Company at its office in Baltimore, Md., p er ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant s*eYeby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- sATsaidompany, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: *gyp DfPps�i _ o C J WY1 4�Wni+• State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly conunissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secrefa,,y of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A_ Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 012A150H City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Alcorn Fence Company 1206 W. Struck Ave. Orange, CA 92867 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister GiesNWsh�nanet�rt��.�lq� New Zealand J N (Telephone:714-536-5227) ALCORN FENCE COMPANY 1206 W. STRUCK AVENUE ORANGE, CA 92867 SECTION C - PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 64 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 i the amount of $ 107 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NONE C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE iTE1vI " " ES I'IMATED . ITEM WITH UNIT WRITTEN IN UNIT E TENDED: - NQ.; QUANTITY < WORDS WORDS PRICE AMOUNT . 1 I LS Mobilization @One Thousand Five Dollars $1"50 0 $ 1,500, Hundre Zero Cents 2 1 LS Furnish Project Traffic Control @ Nine Thousand Two Hun6BftAs $9,200 $ 9,200 Zero Cents 3 49 EA Install "Street Sleeve" Foundation @ Six Hundred Dollars $600 $ 29400 _Zero Cents 4 39 EA Install "Storage Sleeve" Foundation Three Hundred Seventy Dollars $370 $ 114�,430 Zero Cents Sub Total Bid Amount, Bid in figures: $ 5 4, 5 3 0 .0 0 Sub Total Bid Amount, Bidin Words: Fifty -Four Thousand Five Hundred Thirty Dollars and Zero Cents. C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perforce work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Traf f is Control Cut t in€ Coring Portion of Work Name and Address of Subcontractor State License Number Class Partial. Item 2 Street Wise Traffic Control, Inc 39922 Marbrissa Ave Palmdale CA 860127 C-31 Partia Items ARA Concrete Cutting & Cori &4 8484 Mesa Linda Rd, Oak Hills, CA 885864 C-61 92344 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange E9-1 CKS QQ , being first duly sworn, deposes and says that he or she is ` l Dew- of ALC4CR-4 rejkl GE COM PWJthe 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. ALf�ek Ce GDM P1 Name of Bidder ignature o rider C;P� E(Ll Ck-'SOcJ �k[ VA LL9 , CA 135 Z- Address of Bidder Subscribed and sworn to before me this 28th day of september� 20 09 cc,-Ga r'L. k NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA �..� ,.�. �aC,.a! �a,s�•,.� .aka ' sw �. •a/�a s�.a +saa tea! �t,7a s� sa..d1.,. sr eaa . .�5._ ,�•,- sa. Ck See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) I Signature of Document Signer No. 1 State of California County of Los Angeles LlQ � • ti • `�wy- • �-V�"3�`Y-`W 3 -yam-`V'��i- D"V"`.fi..,,�-. �': °yJ-.,.�.. �-4. =, Signature of Document Signer No. 2 (if any) Subscribed and sworn to (,o" rmd) before me on this 28th day of September 20 09 , by Date Month Year (1) GREG ERICKSON Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) Name of Signer pFeve4-4e me -en- Ise basis-e,ez-- r, wl iu 3p�peared-befoi u i i ie.) _ Signature " �'\ Signature of Nota ublic JACQUEL GORDON-CONTRA ADMINISTRATOR Place Notary Seal Above OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: "Non Collusion Affidavit" Document Date: Sept. 28, 2009 Number of Pages: ± Signer(s) Other Than Named Above: None RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 Top of thumb here Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 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 Downtown Bollard Project, CC No. 1358; (l)(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: 61' l.0 . Twq ALC cVal FF-4 ce Cori PA-kI Contractor By QZe6 eJz1 Cl_So�4 - (DJ r Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes A No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 01- go - ZOo A LC61 FQj C% CoM P.4t j Contractor 13y c � C-jL! Gt:�5c)o - t c>e"r Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig`Alert identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number-: Contractor Title Date: Note: This form is required for every Dig Alert .Identification Number issued by U.S.A. during the course of ' the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: keppy,1 Fsg Ce C'Om rAO L Bidder Name qqb 16t0d0A.,-s Business Address t/Au� 6A of -"45 2- City, State Zip ( 3Z 3) Telephone Number 17-Z 15-4 . 'mac, b,G-15 State Contractor's License No. and Class O l. O'5 • I g 6 I Original Date Issued 02.225• Zo 10 Expiration Date The work site was inspected by JeAA6 AL,r--XAPI -f our office on 4q' �� , 2001 The following are persons, firms, and corporations having a principal interest in this proposal: -Avow PFW Ce Cy M FAQ L C-10 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. N er ep-1 CK50KA - _ fit 1 T• Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. I P--&Q V 1 I545; QNMA4F- @Ei AtF?-- A A�J VI,-r�:' 1 # .1 Name and Address of Public Agency Name and Telephone No. of Project Manager: ED Ta L e Q0 (y2(0 — 71 + — (,!�+5 '�-ifo1000 McTAL, 'l AM C1UA(2-D IQ41t_1al61 ILI Contract Arnount Type of Work Date Completed 2. (',00a1Tl.r Of- 1,1 Es111- --. Imo(.A — 0. C. 30V l l Name and Address of Public Agency Name and Telephone No. of Project Manager: Ff'Agl< 6457TAL--P1 1 l4 — %L7-& 51-1 I,g601ow � � ��T��, Iz l°1i; oMSi ec�r% O(o - Z.00 Contract Amount Type of Work Date Completed 3. MUP41 STA U0 t r-1 t✓D SQeJ00L DI 6V - VlKA i"IyQL(?S-rA .A1 A Name and Address of Public Agency c M — v Eau 9- r IV I MIKE �D clo a- "7%2- 5600 Name and Telephone No. of Project Manager: 1 ,1®D, o0o Cq&a Vl 1-1or-CGS k Ole-'2-609 Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANIT STATEMENT 19 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Los Angeles JACAUELINE GORDON Commission # 1768692 Notary Public - California ' Los Angeles County Comm 23, 2011 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (et -of +rmed) before me on this 28th day of September , 20 09 , by Date Month Year (1) GREG ERICKSON Name of Signer (2) proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) l Name of Signer ffeved -te me e0iC7C. neeT Signature ClC Signature of Nota lic JACQ NE GORDON—CONTRA ADMINISTRATOR OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent - fraudulent removal and, reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationaiNotaryorg Item #5910 Reorder: Call Toll -Free 1-800-876-6827 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, ALCORN FENCE COMPANY, as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN Dollars ($--- 10% --- ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for DOWNTOWN BOLLARD PROJECT, CC NO. 1358 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 25TH day of SEPTEMBER, 2009. ALCORI�j,FENCE COMPANY / J (Principal) sa ..r Travelers Casualty and Surety Company of America By: ru JUIJITH K. CUNNINGHAM, Atto y-in-Fact THIS RED BORDER �A. POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 220738 Certificate No. 0 0 2 t 6 6 2 0 J KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John M. Garrett, Steven C. Mosier, Judith K. Cunningham, Denise Bennett, Erika Nicholas, and Charise May of the City of Iru1nE' State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business o�_,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perttiltte&in anyaufions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this insnt=tAe signed and thetr�corporate seals to be hereto affixed, this 9th trtln day of January 2009 A �y Farmington Casualty Company y, e, St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance`Compagy, __, '_ St. Paul Mercury Insurance Company Fidelity and Guaranty Insu'ramee'Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company nsU 51WET Ew I ...... , TVA S�mw dG� 9O P4 f NPOR .•t � 1982�' 0 1977 Nrro 1927 �£ io ASEm iW:'GGNPORAlt::.P,: � � 1896 i - s f E i : o's a HARTFORD, t L = W �'•..SEAL,o; 1�`•.S8AL;3' «, o 951 N '`�,,,� «�Ei, �,,�"f �y1 �a�ar 1 AMIS' State of Connecticut City of Hartford ss. By: Georg Thompson, U.r ice President On this the 9th day of January 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, _Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C,.Y� In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. C� �/61,�G m � Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. City ®f Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 5, 2010 TTS Engineering 16835 Algonquin St. #453 Huntington Beach, CA 92649 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister C?f e0s":0 9/JGo1apantur` ai aterre, New Zealand 1 Tele phone: 714-536-5227 ) TTS Engineering ,16835 Algonquin Street # 453 Huntington Beach, CA 92649 (714) 840-6346 P� p .. � q _c.�• rg 2009 SE-P 29 FM I : 33 .w• - � V- 0% ^ %� ®.do at ®AA SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project_ In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find AIA 13'4 in the amount of $ ." CI00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any. Addenda No. Date Received Bidder's Signature /, P4 e C-a DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE M �T ESTIMATED, wJT IT. y M. E WITH UNIT PRICE WRITTEN IN: WORDS VIA'T PRICE EXTENDED: :AMOUNT: - I I LS Mobilization @ &114f� kA Dollars Cents $ 9"Mo $ 2 1 LS Furnish Project Traffic Control Dollars $ Cents 3 49 EA Install "Strpet Sleeve" Foundation @1�26�,60QUaAAk*4 Dollars $ $j.Y00 Cents 4 39 EA Install "Storage Sleexe" Foundation a i(y 2Dollars gLaUff Cents $ $ §w t Sub Total Bid Amount, Bid in figures: oo Sub Total Bid Amount, Bid in Words: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I Number 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 fumished by subcontractor for this project. CA NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange beingfirstduly sworn, deposes and says that he or she is P.{4,A {,'[ of I IS 1"As in 2zr!j I A(', the party making the foregoing bid that the bid is not made in the inte sre of�n the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder nature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARY SEAL C-s :a.S�.oa�Y: y,S.��S;w, o.� SAS ��� Hz�S!'-�5�.�a'�,�-.�.,=a�.•�.�',5�.�_'S�.�'Z s�S✓_:�5!v;.v S;;�S!:�5;.��,y�S;-c.�.s�S�S.:�N'�.,:�N:�Sti S!�S,y,.`!s�S �S;z�S�S;•;9 State of California County ofWki4t) On Nil before me, l jen vv (1 tX/f`ytM�. Va Kall, ���Ll poue-', Date �• Here Insert Name and Title of the Officer personally appeared �ik(,t IIf I sue, who proved to me on the basis of satisfactory evidence to be the persor,�gTwhose nameTsie subscribed to the ,,-w In Instrument and acknowledged to me that they-executed the same irt ii heir authorized capacity(ies ,and that is eM1mirsignatureH on the instrument the person( r the entity upon behalf of m JENN'ELL LEINP,.ALA UAN KOOY which the persorak&}-acted, executed the instrument. COMM. # 1778521 Z NOTARY PUBLIC - CALIFGRNIA- I certify under PENALTY OF PERJURY under the laws LOS ANGELES COUNTY `T M-y co:-rn. Expires Nov. s, 20� of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuabl� to , ersons relying on the document and could prevent fraudulent removal and reattachment of this or to another document. Description of Attached Document, C Title or Type of Document: 1/b 1 co I I " "A Vt Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT ',OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINF OF,SIGNER, T I .p of thumb here �✓.�:� y.�'✓..�✓.:"v'.�G ✓.C'✓..�.-•✓ �: ✓ ��.C`-�,.�'.C'✓..�✓6�% �a:✓S'✓tiGC.-�_. �ti4u:.y.�✓',.�:'�':C✓.'.�'�%J'.\.�, �.�✓",.K✓.� �."•✓ •✓: ✓ �4C.✓_.GC'✓, 0 11 • 1 �• '•1 1 '/ • .1/ i 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 Downtown Bollard Project, CC No. 1358; (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: 0 `) ltip, bWWe(1A)(f Contractor Title M DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: `?zaX`� TTI5 0j)( ) rr-r iLt Aj b j 111 C Contractor 4/ B Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid_ To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This .form is required .for every Dig Alert Identification Number issued by U.S.A. during the course of ' the Work. Additional, forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: T(c P,L-ci I k1b i . Bidder Name Business Address UACA CA. qz6 City, State Zip Telephone Number -Tu�0 ( State Contractor's License No. and Class iO� Original Date Issued Expiration Date The work site was inspected by /min, G✓%ls�n of our office on i �r , 200� The following are persons, firms, and corporations having a principal interest in this proposal: i tl�1 1, kt- xO yo 7K*"(z6Y1 &Yr C-I a The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signat Bidder Printed or Typed Signature Subscribed and sworn to before me this — day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 4 Name and Address of Public Agency Name and Telephone No. of Project Manager: )ojh x S14(tk( 661— 75�-- 7Q yo `ZZ6, Cat Contract Amount Name and Address of Public Agency 3�����^ Type of Work v, Date Completed Name and Telephone No. of Project Manager: t f v 0� Contract Amount Type of Work Date Completed 3. ANO[k) �(h Q Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work �r4 qolsocoq MLI(e.AliAD" '4q Date Completed C-11 CALIFORNIA :c�c� �+a�s.C!��5!s�S.�a�,�S!�aS�S S S�.w1.'Ss�S S%.�,' ,�S�S�¢,�.`SS�S,.•.S S S S;�Sa .',aS SAS!�aSs�S�S�Ss.�,caS�.-�.'Ss�S.�•-�.'C.!�5�_--�.'S aY-�c S,�S�9 State of California County of b9"& On 1 before me, 1 VVIVO [OMA NAl ► 60n Date .—r- �', p' Here Insert Name and Title of the cer personally appeared S Name(s) of Si9ner(s) ,!ENNELL LEI;NAALA VAN KOOY� CCOMM. # 177i3521 z NOTARY PUBLIC - CALIFORNIAi�: LOS ANGELES COUNTY MY Com.nt. Expires Nov. 6, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g)—whose name(s&are subscribed to the within instrument and acknowledged to me that executed the same n hi her/tk;�r authorized capac(ty(i and that by is t ignatur ) on the instrument the persorx(t- or the entity upon behalf of which the persor{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 Signatu OPTIONAL Though the information below is not required by law, it may prove va) and could prevent fraudulent removal and reattachment of Description of Attached Docu Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Attorney in Fact •' ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: and official seal. Signature of Notary persons relying on the document I to another document. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHTTHUMBPRINT OF SIGNER,: of 0 ✓.�'✓.: ✓ `✓4':r4�✓4`:✓4"•✓d�✓.4�: ✓ 4`.. ,-W.4�'✓.4'•✓: ✓.�✓.4C✓.4 4'•✓4C'✓.4�`_'�.4 4 ✓ 'y �'✓, 4v `�4 ✓ ✓4'ar4"�6 4W, v4�✓.4�✓4 a :v... -4' 4'' 4�✓i",:r� O /1 /•• '�' •1 1 •1 :1I: Bond No. N/A BID BOND The American Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we TTS ENGINEERING, INC. as Principal hereinafter called the Principal, and MERCHANTS BONDING COMPANY a corporation duly organized under the laws of the state of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID Dollars ($10% OF BID ), for the payment of which sum well and truly to he 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 hid for BOLLARD INSTALLATION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th Witness Witness ORSC 21328 (5/97) day of September , 2009 TTS ENGINEERING, INC. cipal (Seal) By: Name/Title s DONALD P. SHARP, COMPANY Merchants .-Bonding Company POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL.), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Manes. County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents:make, constitute and appoint Betty Jo Peacock, Donald P. Sharp, Ruth J. Bl r .of Visalia and State of California its true and lawful Aftomey-in-Fact; with full pater and authority hereby conferred In its name, place and stead, to sign, execute, acknowledge: and deliver in its behalf as surety any and all bonds, undertakings, recognizances orOherwritten obligations inthenature thereof, subject to the limitation that any such Instrument shall not exceed the amount of. WE fMLLLION ($s,000,oAo.00) DO> LAM and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extentas 0 such bored or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the ads of said Attomeyin-Fact,.pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of th a following Amended Substituted and Restated By - Laws adapted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL,) on, November 16, 2002. ARTICLE -II, -SECTION 8- Tbe. Chairman -of the Board or President or arty Vce President or Secretary stall hot powm and authority to appoint: Attorneysin-Fact, and to authorize them to execute an behalf of the Company, ar,.d attach the Seal of the Company thereto, bonds and undertakings, recognizences, contracts of indemnity:and other writings obligatory in the nature thereof, .ARTICLE II, -SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,_ undertaking, recognizance, or ether suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manuallyfaed. In Witness Whereof,_ MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by As President and its corporate seal to be hereto affixed, this 8th day of October , 2008 . STATE OF tOffbA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) . /X, 7 7.t, � 'e Presdd nt On this 8th day of October , ZOOS , before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (Mt1TUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed, and seated in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set rry hand and affixed my Official Seal at the City of Des Moires, loam, the day and year first above wrtlten. i� CINDY SMYTH �. f Commission Number 173504 Mar chl16 p00903 till Notary Pubic, Posy County, lows STATE OF IOWA COUNTY OF POLK ss_ I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in tiles force and effect and has not been amended or revoked. In Witness Whereof; I have hereunto set my hand and affixed the sea[ of the Company on this 29TH day of SEPTEMBER ZOOS ,••^••. �OV, lkP ,9" • r... -o- r" . , 1933 e; a • y. e i 0 0 °•• �oOs Secretary CALIFORNIA ALL. -PURPOSE ACKNOWLEDOWNT State of Calffornia County of TULARE OnSEPTEMBER 29, 2009 be#ore me, WILLIAN ' R m DADDS NOTARY PUBLIC oats mere ana orb personally appeared DONALD P . SHARP who proved to me on the basis of dory evidence to be the person(s) whose rtarne(s) Ware subscribed to the within instrument -and ad w&Wdged to me that hafthellhey secuted the same in hislherM*W authorized mac ity(ies), and #W by MUM* sgtature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, emmW the Instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W MESS my had and Of HOW �. - g Si nature �,. /L --�--- PkM No" seal MM stye of Nowt P�hffic OPT70NAL T fxxgg the intonmadon belowis not nered 6Y Jw ItaW prow vakmbb to cn #w dacwaw and coed prevent fraud gw* rmnwW and maawhrrmW of uds form to another ctacwrte * Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: _ Capaeiiy(les) Claimed by Slgrmwjs) Signer's Name: ❑ Individual ❑ Corporate Officer — Tttle(s): ❑ Partner —❑ Limited ❑ General .❑ Attorney in Fact ❑ Trustee' °f ttaur� terra ❑ Guardian or Conservator ❑ Other Signer Is Representing: Nunter of Pages: Sighs Name: ❑ Individual ❑ Corporate OffKW—Tdle(sy Q Partner —❑ United ❑ General ❑ Attorney in Fact ❑ Trustee "thu—Mb ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O2=NWondNOWYAssorJeEfM-MBODSSMkve..MS=24M-OW,+otN.CA91913-UM-www tk=M9r VAWdWC8A %1RW1.1W4MM7 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Concrete Coring Company 14005 Orange Avenue Paramount, CA 90723 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cffffomf£�s r i`��+�P ��P� New Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 1�10VE`,s 12-;-01�'in the amount of $ (0, W36- to© which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 1 LS Mobilization @ /31rJF Tftk8AtJ1) Dollars $ `�,000 $ 90 AJ O Cents 2 1 LS Furnish Project Traffic Control @-�T4 -nee -r s 9 or�E � Dollars $ $ �'� l Z3 h�D Cents 3 49 EA Install "Street Sleeve" Foundation tWN`t)�D Abor `1 oPE Dollars $ 39 t , Vb $ H) IS l Cents 4 39 EA Install "Storage Sleeve" Foundation Tti-EE p,,J0t)&-V -MOM 5%x Dollars $ 13; Oy tJ O Cents Sub Total Bid Amount, Bid in figures: $(�,y�'�g(o- C)o Sub Total Bid Amount, Bid in Words: Slx``4 F(ICa Ml-f C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 2 J _n ' C KAV mate "- I I VIC .Zy� t-A1\0N �6,vE �iGn,A� 41LL CA9o7ss ��Sg�� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOI_,I,USION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Dty'V 5 12fGlffN�' , being first duly sworn, deposes and says that he or she is P12a-5"6'F'J of &qL2rdr(6-' &D - the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of LL ' 20 09 . MARY ELLEN SOLACHE m....._ Commission # 1700502 Notary Public - California z 2 Los Angeles County WCOrn'Ti. NOTARY PUBLIC ,�lyc°s.' i n NOTARY SEAL C-s 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 Downtown Bollard Project, CC No. 1358; (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: 0 J/Z q /0q eJ/VC,"V-XR4_ Contractor j�2�si��cv' l�r Sys l2_tc9QjS Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes $No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 0q1zj ontractor By Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required .for every Dig Alert Identification Number issued by U.S.A. during the course o0he Work. Additional , forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CVncCe� (Or,yl) Cpmfcl Bidder Name It Nods ovrU�. Ave - Business Address Para►M buo 4- CA 9 p-7 2-3 City, State Zip (S(oZ ) (03�"� ' L-10z� Telephone Number 3(o82-7S A CfG ( 60(�, State Contractor's License No. and Class c)(/ I Z/ %q Original Date Issued 01 131 �2of 1 Expiration Date The work site was inspected by 6a(-(tit �,) of our office on 20b The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder �y°S /2tCjl - v Printed or Typed Signature Subscribed and sworn to before me this ,29OAday of _ NARY ELLEN SOLACHE Commission # 1700502 Z -gi` mir Notary Public - Calltornia z z Los Angeles `County /»q�.y EJJen Ja��ge.�t MyCavtrn. ��OCt23, 2010 NOTARY PUBLIC �724u1 x"C", -rx . /0/.031" /O NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: �'-La-�)j�q f `i ( N• 6-Lruyd. t f .eve s J,4-c Name and Address of Public Agency Name and Telephone No. of Project Manager: �)&J LSE 9(9 g q9- 2-66 Z V,®aS y1"�b 7, 679 S ftiG (�a2rnr�. ` 1.�s'i `t'I�4D Contract Amount Type of Work Date Completed 2. �/9SJ F_n/�9- W* 2-� 4 AAcJ elL S T— Name and Address of Public Agency',45,4-p Name and Telephone No. of Project Manager: (,V e5 K- U 1� l-1 i3 S 11 lVA'14& S 1'52>0 SJ�u%rF}G— �i�-ICC.Iw°G %�ZD/O`j Contract Amount Type of Work Date Completed 3. r"' (-y e,,9S 55-5- 2mtc,2i;-r 2, -510JeA- /o--(z Name and Address of Public Agency V'00/2— Name and Telephone No. of Project Manager: �,D(A( A' iA-Y\) Z 13 148 ifs/2 (ice- ©�l S `�`iZ5 Contract Amount Type of Work Date Completed C-11 VD:OF= INSCO INSURANCE SERVICES, INC. insr-%1C® Underwriting Manager for: o LLIJGI Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we, Ted W. Page Enterprises, Inc. dba Concrete Coring Company, Los Angeles as Principal, and Indemnity Company of California authorized to transact a general surety business in the State of California bound unto City of Huntington Beach BOND NO. INS-77 corporation as Surety, are held and firmly (hereinafter called the Obligee) in the full and just sum of Ten Percent of Amount Bid Dollars, ($ 10% of Amount Bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Downtown Bollard Project - CC No. 1358 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 24th Ted W. Page Enterprises, Inc. dba day of September 2009 YEAR Concrete Coring Company, Los Angeles Indemnity Company of California oe Surety By: Principal Arturo Ayala Attorney -in -Fact ID-1198 (Bid Bond) (REV. 1J01) ALL-PURPOSECALIFORNIA ,r»^-y" Y6•;ryr'.�," yz y' arm ✓�L"'✓` :y. e�"�f'r7 ay y r7 �7r<�3': aYi,�,r%;�; ,y"• r3 ry �e5� STATE OF CALIFORNIA County of Orange } On 9/24/09 before me, Daniel Huckabav, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala 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 K executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DDAANNIIELL HUCKABAY COMM #1796314 person(s), or the entity upon behalf of which the person(s) Notary Pubiic Californiaacted, 0my executed the instrument. ORANGE COUNTY n. Comm, Expires Apr. 24, 2012 1 certify unde OF PERJURY under the laws of the State California th t the foregoing paragraph is true and corr ct. Witness m hand an ici Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valua le to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 9/ 24/ 09 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator fi • - Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. INS-77 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Ralph Eidem, Jr., Daniel Huckabay, Arturo Ayala, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-h-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Aftomey(sym-Fact, pursuant to these preserds, are hereby ratified and confirmed. This Power of Aftomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY .AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and fliat the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attoney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WETNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. ET i:,vuuwfi- Stephen T Pate, Senior Vice President `! By: Styr. 111°- ti- .a x►=-� 3 0 QCT'5 Charles L. Day, Assistant Secretary. _' :;w• �w41t;ir` State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personalty appeared Stephen T pate and Chades L. Day Name(s) of Signer(s) t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshefthey executed the same In histhefteir authorized capadty(ies), and that by histherAheir signatures) 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 taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature�-- Ch erJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 24 th day of September 2009 ey Albert Hillebrand, Assistant Secretary ID- 1380(WetHReu07107) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Nobest, Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) NOBEST, INCORPORATED P.O. BOX 874 WESTMINSTER, GA 92684-0874 SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities 'of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Ifi,p ,Qez//� in the amount of $ /� /` which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 1 LS Mobilization @ 91AG VWV5WV Dollars $ r) $� (J Cents 2 1 LS Furnish Project Traffic Control @_%Gf1d /l !S`/tAy Dollars $� Cents 3 49 EA Install "Street Sleeve" Foundation @ 11JE� ,cook �l Dollars $ $ fr,X,,� /UD Cents 4 39 EA Install "Storage Sleeve" Foundation, S'lk/i,c/lLZ� �ia $ $ _Dollars Cents Sub Total Bid Amount, Bid in figures: $ 4!�/Gl Sub Total Bid Amount, Bid in Words: . 1(41�, / �/}�✓d O,tl� /%.�D 9 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is 2l�' sL.4�T of ,C/d� _rxtic 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. 111,16&K51- Toe Name of Bidder Si ture of adder � � &V f 74/ Address of Bidder Subscribed and sworn to before me this`-- -774 day of--'40'-7' , 20 O . NOTARY PUBLIC KAYE.AI�IS� COMM. #1852452 � n NOTARYPUN IC-CKFoRMu► ORAMECOUOrY Mrco�.n.6wns.w+. �a. �o�a NOTARY SEAL C-s 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 Downtown Bollard Project, CC No. 1358; (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. 0fa 0 Iate»a y,,. ARt"S�'iity.i�•l7l!i�i•9Y5?;xSi�Z� ,%i.i' y.:tit,:( Contractor By Title i2G3"i/Jl�T C-6 DISQUALIFICATI®N QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes W'N10 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 9 ,�/�3��- , R/z! Contractor By Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 5Af1�1� _1w Contractor AG-IDe--x.l,r Title Date: q ! Note: This fibrin is required .for emery Dig Alert Identification Number issued by U.S-A. during the course of the Work. Additional forms may be obtained firom the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address Gam- 92467 4i City, State Zip 7iV) --J �72 - :55 Telephone Number .S,9G22 X State Contractor's License No. and Class Original Date Issued //SO/, Expiration Date The work site was inspected by 1* /4(2" L?U IS of our office on 9/09 , 2069 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. A/aSc5r Tic Subscribed and sworn to before me this day of NOTARY PUBLIC 20 KAY E. MNDERSZ i COMM. #1852452 O ^ NOTARY PUBW •CALIFOOM ORANGE COUNTY�s My Comm. Ex 'Jura 13. 2013 Kr W NOTARY SEAL Listed below are the names, aTdress and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: .54-0- �7 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 MORMONISM REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $1,223,310.00 Project: Concrete Replacement Contact: Dennis Vasquez Phone: (714) 765-6936 2. CITY OF NEWPORT BEACH Project: Newport Shores Alley Replacement Contact: Stephen Luy Phone: (949) 644-3330 3. CITY OF HUNTINGTON PARK Project: Improvement of Zoe Ave. Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF HUNTIGNTON BEACH Project: Various Locations Contact: Dereck Livermore Phone: (714) 960-8861 5. CITY OF LONG BEACH Project: Medians on Atlantic Contact: Homer Flawellen Phone: (562) 570-5169 $1,100,000.00 $ 23 8,000.00 $ 137,790.00 $ 844,218.00 Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest incorporated Bid Bond as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent (10%) 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 Downtown Bollard Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th ORSC 21328 (5/97) day of September , 2009 Nobest Incorporated Witness Principal ( 1) By: s o w a e/Title Contractors Bonding nd Insurance Company surety (Seal) Witness BY: Ma J. Coats Attorne; -in-Fact a State of California County of Orange On S6P7 - 2,1, before me, Ray E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the persongwhose nameWis/*65'subscribed to the within instrument and acknowledged to me that he/s"o executed the same in his/l)itlftii authorized capacity i(,»s'j, and that by his/harlihpif signature�on the instrument the person(S-yl or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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 CLARVIED BY THE SIGNER ❑ Individual (s) [3 Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California in such instances, any alternative acknowledgment verbiage as may 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 carefullyfor 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 ferns (i.e. he/shehhey,- 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 (Le. CFA, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NoLuyClasses.com State of California County of Orange On SEP 18 2009 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefshehhey executed the same in his her `rmcir authorized capacity(kO, and that by his/her/dreir signatures} 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 t1�� ADELAIDE C. HUNTER Commission i 1808793 Notary Public • California ' Orange County My Comm. Exolres Aug 8, 2012 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 5, 2010 Nader Kazemi dba Naka Engineering Contractors 17777 Main St., G2 Irvine, CA 92614 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, J F: pe Enclosure Sister G9i���J0k.4`f�&asr�t�e,rii��O� New Zealand (Telephone: 714-536-5227 ) 2009 SEP 29 PM 12'. 10 t dr %f of o t35 8 1/7 notej e SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT EXTENDED NO. QUANTITY WORDS PRICE AMOUNT 1 1 LS Mobilization^ @ r Y ) 0Dollars $ LS $ Q . _ �- Cents 2 1 LS Furnish Project Traffic Control @ ; Dollars $ L s $55oo o -� Cents 3 49 EA Install "Stree Sleeve" Foundation @ h%l dl�� Dollars $ Cents 4 39 EA Install "Storage Sleeve" /Foundation lA,�/� iic/ r•�G Dollars $_�� y� a $�g� Cents Sub Total Bid Amount, Bid in figures: $ 6 5 / V e 00 Sub Total Bid Amount, Bid in Words: (%� T k / // 7/"Al> 01 K-(1- vc v�w40.—i v . wo C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of 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. I/ �o • 130 W�- 5 f `� Z , Z�'I//ale , cf� Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Downtown Bollard Project, CC No. 1358; (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C/ /? s AIAKA �0 eerri �l C0� r� Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: V//zs /0 � NA KA 6oiV rep1 f Cb d C Contractor %-� j . a Wi Wh", =1d I I I 1,A i !� gz �7 C6 Title C-8 I UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER W (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed andreturned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This .form is required .for every Dig Alert Identification Number issued by U.S.A. during the course of* the Work. Additional fibrins may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Naolerr ALe-ar- /-%,z(--177i Bidder Name 7i�l Main Y6ee-l�, Huila Cz2 Business Address CA City, State Zip (iY?) Zg 5 , 7579 Telephone Number State Contractor's License No. and Class A'6P. 2005 Original Date Issued JO/2 0// Expiration Date The work site was inspected by of our office on , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: C-10 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. rI Company Name Signature of Bidder A497 We Printed or Typed Signature Subscribed and sworn to before me this 2.,8 day of :.• SANGNIAN OH R< Commission # 1730159 z m Notary Public - California zz Z " orange County NOTARY PUBLIC �Comm.Bores Mar 10,2011 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: NarVe and Address of Public Agency Name and Telephone No. of Project Manager: 111r. 4� If Contract Amount Type of Work Date Comp 2. C/ LliL=9Z� " , GA NanV ari Address of Public Agency Name and Telephone No. of Project Manager: - M-T,967 - /��7 Contract Amount Type of Work 3. C(,'w Qce,-V Nam i anc Address of Public Agency �ZoOt Date Completed Name and Telephone No. of Project Manager: /%%. &0WX -ay. U • °O ,'e-c � r1;� yak -2-0 0 7 Contract Amount Type of Work Date Completed C-11 .M1 9/25/2009 2:41:09 PM PAGE 2/005 Fax Server IM01 i _y' BILE: I 1=1 Lis 1:9 ='� BID BOND (Percentage) Bond Number: 7080283E KNOW ALL PERSONS BY THESE PRESENTS, That we Nader Kazemi dba Naka Engineering Contractors of 17777 Main St., G2, Irvine, CA 92614 , hereinafter referred to as the Principal, and Western surety Company as Surety, are held and firmly bound unto City of Huntington Beach of"COO Main S-reet, Iluntington Beach, CA 32640 hereinafter referred to as the Obligee, in the sum of TPA ( l0 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Dow town Bollards Project, Foundation Concrete Work 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 2eth day of September 2009 Form F5876 Nader Ka7emi dha Naka Fnginenring Contracto-s (Principal) By (Seal) West5E?rn Surety Company ure By (Seal) KAREN AI LI1 _ ER Attorney-n-Fact CNA 9/25/2009 2:41:09 PM PAGE 3/005 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70802889 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make; constitute and appoint KtkREN A�,AINE LINDER its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Nader Kazemi dba Naka Enginee-ring Contractors Obligee: City of Huntington Beach Amount: $500, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section ?. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 28 2009 —but until such time shall be irrevocable and in full force and effect. In Witness Whereof Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cote,§gpl to be affixed this 2 8 th day of Sep -cmber 2009 WEST R// SURE COMPANY 4__Z / . ` Paul T. BruflatfSenior Vice President COUNT'q On this 28th day of Septemhe_ in the year 2009 befvreme, anotarypublic, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to bethe voluntary act and deed of said corporation. �ir�OM�\Ya4vA6�ONtiwtirvv } + D. KRELL I II 0 NOTARY PUBLIC SEALNotary Public - South Dakota SOUTH DAKOTAc i My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the. Power of Attorney is now in fnree. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 28 th day of September 2009 , WE8 SURE COMPANY Paul T. Brufla nior Vice President Form F5306.9&2006 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 5, 2010 Gamma Builders, Inc. 28562 Oso Pkwy., Westminster, CA 92684-0874 RE: CC-1358 — Downtown Bollard Project Enclosed please find your original bid bond for CC-1358. Sincerely, JF:pe Enclosure Sister CG?ig�'OA 8as NprNeWrlgYffk 1P8 New Zealand 1 Telephone : 714-536-5227 ) U GAMMA BUILDERS, INC. 28562 Oso PKwY., SurrE D-518 RANCHO SANTA MARGARITA, CA 92688 TEL:949-525-8835 FAx:949-271-4655 c, �y NVr �y4 00(2 /ya 5)r� City of Huntin ton Beach To: III IIIIIIIIIIIIl011111 IRECPKG rTTV rl URIC 2009 SEP 28 PM 2= 50 1 { y .� F ?� 1 x i t t I-�UI�a T E��13T0lH' ,�'FACiI From Ship Date: 25SE ActWgt: 0.2 LB CAD: 9612/OFFC1 Account: S ***o To2nd FLOOR CITY CLERK t714 CITY OF HUNTINGTON BEACH F 2000 MAIN ST 2ND FLOOR HUNTINGTON BEACH, CA 92648 ( us ) U VIP SECTION C PROPOSAL for the DOWNTOWN BOLLARD PROJECT CC No. 1358 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shalt 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 b 1) bOlj in the amount of $ �°, 3 v which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 10A DOWNTOWN BOLLARD PROJECT, CC No. 1358 PROJECT BID SCHEDULE TIE1vI ::ES;IfMA. TED. ITEM WITH UNIT PRICE WRITTEN IN UNIT' " EXTENDED NO.; QUANTITY! WORDS PRICE `;AMOUNT 1 I LS Mobiiizat, p lr� C @ XoVI - —Dollars M $ 10, No $ -- --..r� Cents 2 1 LS Furnish Project Traffic Control Ire-) @ S ` v .^ �o✓� IreADollars $ 7, 3w r� Cents 3 49 EA Install "Street Sleeve" Foundation" @nr,^2 �v �• 'Dollars $ q25 $S3Z�' Cents 4 39 EA Install "Storage Sleeve" ,Foundation ire Av"J Dollars $ 701 � $ r C- Cents Sub Total Bid Amount, Bid in figures: $ b', 3 o ra Sub Total Bid Amount, Bid in Words: /Ir i., e 41 C� lr C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Co„Vdt ahce vj /v/E�rr. _T/'C' ^ aAve CA 17/1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Kcal Le-vbe'm0- , bein first duly sworn, deposes and says that he or she is pren ' of I Ma 13y+lders X^t• the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder 2�SG 2 G'Sc" Address of Bidder Subscribed and sworn to before me this %) day of S , 20 U�. NOTARY PUBLIC �e e NOTARY SEAL C-5 25 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) 2 Q R. Signature of Document Signer No. t State of California County of © Q n 6 -,Q �xacross�wv \ S. YAVARI-NOURI $ Commission .# 1676861 z : Notary Pubi?c - California ' Orange County tliy Comm. Expires Jul 18, 2010 Signature of Document Signer No. 2 (if any) Subscribed and sworn to(oraffirmed) before me on this 10 day of 55e �' 1 `P-�►1 �( 20� by Date Month Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it mprove "thumb valuable to persons relying on the document and c�g�xt8 prevent imerT.p fraudulent removal and reattachment of this formto afiother document. fthumb here ,-Eurther Description of Any Attached DoeGment Title or Type Document Date: Signer(s) C Kr Than Named Above: Number of Pages: 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 Downtown Bollard Project, CC No. 1358; (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7- Z r- Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yesrw Lp No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -( " Z �- " o 1 1. 0on6A �V// el -r yet. Contractor �Get3c � fib U t�.�t fir, By Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 6 4am f}7 c, A' f / &/-j'. '""- Contractor �/aa 01,, By Title Date: Zb q Note: This form is required .for every Dig Alert Identification Number issued by U.S.A. during the course of ' the Work. Additional. forms may be obtained . f tuna the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name z fl?, 2 (�'s Pf GV Business Address Xall C' C14 ?'y..�' City, State Zip Telephone Number 7 ///0 6/"-r State Contractor's License No. and Class - 0/ -1Y-Z'0QC Original Date Issued 0/- 31 -2 cto Expiration Date The work site was inspected by of our office on %-23 _,2060' The following are persons, firms, and corporations having a principal interest in this proposal: ze C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder V/a& / GeVarrry" Printed or Typed Signature Subscribed and sworn to before me this I b day of S , 200 q NOTARY PUBLIC S� �u14V NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: NaAddress of Public Agency T?-? 7A1' �3( TV3Li Name and Telephone No. of Project Manager: C w P/- (Vec 011 (t/t?✓`a' (/ /'44 Contract Amount Name and Ad "(ss of Public A nc Type of Work Name and Telephone No. of Project Manager: Joe- f S/ 1'cf)0/- Contract Amount Type of Work 3. S r., ,�J, C -�7� �%n t✓Pry Date Completed 0 z- Zo 0Y 03 — Z6 Date Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CALIFORNIAACKNOWLEDGMENT �,.��Sr.T'_-'v.�''�Q� �- '�C�s�S�S.Iti!a-.TS;ac� �C-�C��U�S��.,�.'o-3v-�C�S�.'.:�4..-'�S,_.�.4,-�'_.�s�S4-'�.'g� �s�:,�JC,�><�,:�5,�_•'�.�5� .' .,:� r��_-�.' : �9 State of California (}� County of ® rG� /I On, ff/4r jla > before jA Date Here Insert Name and Title of the Officer personally appeared ,�i L L 9_yt mo /V Name(s) of Signer(s) S. YAVARMOURI rrt.... Commission # 16768bt �+ " Notary Public California Z Z y r Z Orange Cou�18201 D ' .. My Comm. Expires.JOr Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sl whose name(s�is/afe--subscribed to the within instrument and acknowledged to me that he/sheki'te? executed the same in his/fir authorized capacity@9q, and that by his/beFAheir signature(6�ion the instrument the person(K or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and offici seal. 7 Signa Si Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Num r of Pages: Signer(s) Oth han Named Above: s Capacity(ies) Claime Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑Gen �'. ❑Partner — ❑Limited ❑General ." ❑ Attorney in Fact • ttorney in Fact • ❑ Trustee Top of thumb here ❑ Trus e. Top of thumb here ❑ Guardian or C4 ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 4DI-19 INSCO INSURANCE SERVICES, INC. insc IC® Underwriting Manager for: cg�i FP) Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BON® KNOW ALL MEN BY THESE PRESENTS, That we, GAMMA BUILDERS, INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA authorized to transact a general surety business in the State of CALIFORNIA bound unto CITY OF HUNTINGTON BEACH BOND NO. BID BOND a corporation as Surety, are held and firmly (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars, ($ 10% OF BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for DOWNTOWN BOLLARD PROJECT, CC No 1358 BID DATE: 29 SEPTEMBER 2009 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 22nd GAMMA BUILDERS, INC. Principal 0-1198 (Bid Bond) (REV. 1/01) day of SEPTEMBER 2009 YEAR INDEMNITY COMPANY OF CALIFORNIA Surety By: BROOKE LAFRENZ U Attomey-in-Fact CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 22 September 2009 before me, Colette Chisholm Notary Public personally appeared Brooke Lafrenz COLETTE CHISHOLM '= Commission # 1802822 Notary Public - California San Diego County My Comm. Expires Jun 21, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official ��seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑, Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General 121 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, thatas except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Michael W. Thomas, Larry D. Cogdill, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm, jointly or severally*** as their tree and lawful Attomey(s)-in-Fad, to make, execute, deriver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contrails of surety- ship giving and granting unto said Attomey(s}in-Fact fug power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fug power of substitution and revocation, and all of the acts of said Attomey(sym-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretaryor any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY of CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice President01g z 47 Charles L. Day, Assistant Secretary s State of Califomia County of Orange On January 1st, 2008 before me, Christopher J. Roach Notary Public Date ' Here insert Name and Title of the Officer personalty appeared Stephen T. Pate and Charles L. Day Name(s) of Signers) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hls/hedtheir authorized capacity(es), and that by hisfher/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 he and correct. WITNESS my hand and offi 'at seal. Signature Chirler J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 22nd day of September, 2009• By: Albert Kllebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07)