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HomeMy WebLinkAboutNobest Incorporated - 2015-08-17CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION THOSE LISTED HEREON Duane Wentworth, Contract Administrator Retention Release Payment - PO #21018 OJ Supplier #39492 Residential Tree Petition Streets, Project # CC 1504 Contractor's Name: Nobest Address: 7600 Acacia Ave City, State and Zip Code. Garden Grove, CA, 92841 Phone Number: (714) 892-5583 City Business License Number: A186848 i, - 1�0 Notice of Completion (Date by City Clerk): 12/29,120I6P��Ja� 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. at /Travis K. Hopki , Director of Public Works I certify that there are no outstanding invoices on file. Date I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. ,� 1 Date Attachments 1. Certificate of Compliance with Prevailing Wage Laws 2. Contractor's Certificate 3. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 4. Consent for Release letter from the Surety Company 5. Maintenance Bond 6. Notice of Completion RECEIVED BY: (Name) (Date) e J, ?�oLj TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk �/ 0/ Bond Acceptance I have received the bonds for A 016 CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other ����%� Re: Tract No. CC No. ��✓ MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved / (Council Approval Date) Agenda Item No. City Clerk Vault No. SIRE System ID No. �U This bond was executed in two (2) Bond No. CAC712656 identical counterparts. MAINTENANCE BOND KNOW ALL PERSONS GY THESE PRESENTS: That Nobest Incorporated _ _ (contractor's name) 7600 Acacia (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: Merchants Bonding Company (Mutual) (surety's name) 6700 Westown Parkway, West Des Moines IA 50266 _ (surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of Iowa with its principal office in the City of West Des Moines_.— as Surety (hereinafter called Surety), are held firmly bound unto CiTY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner); in the amount of _ * Dollars ($737,162.38 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, *Seven Hundred Thirty Seven Thousand One Hundred Sixty Two and 38/100 WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bending limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, iLfloody's, Standard & Poor's, to validate that Surety, has positive ratings of being secure or stable; and Surety is registered and listed with the California Department cf Insurance; and Contractor has by written agreement dated September 10, 20] . entered into a contract with Owner for the Residential Tree Petition Streets Project #1504 in accordance with drawings and specifications prepared by N/A which contract is by reference made a par hereof (hereinafter referred to as the Contract); and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be December 29, 20IJ, NOW, THEREFORE, THE CONDITION OF -fHIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either. (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless fi-om any claims, Judgments, fiens or losses arising from the Surety's failure to either remedy the, default or to complete the Contract in accordance with its terms and conditions in a timely manner. 154594/118138 Whenever the Princ;ipai shall be, and declared by the Owner to be in default under the Contract, which snail include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, tree. Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make avaiiabie as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's defaults) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional Iegai, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal), The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's defaults) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cute or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surely shall be deemed to be in default on this bond, and the Owner shall be entitled to enlorce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and seFled this 25th day of July 20 16 Principal Raised Corporate Seal [t11tJST BE AFFIXED] Principal Raised Corporate Seal [M,L]ST BE AFFIXED] NOTES; 1. Ajknowledgments muss. he completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. ;SaSSail?fit;8 (Title) Merchants Bonding Company (Mutual) (Surety By. (Seal) r Ariuro Ayala, Att -in-Fact APPROVED AS. T 5OP,M- , Michael E. Gates, City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of orange On 7.1, A before me, Kay 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 persons ) whose name(,s� is/, subscribed to the within instrument and acknowledged to me that he/ tthey- executed the same in his/,}zr/tliei authorized capacity; and that by his/her/p&r'signature�s)'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. KAY E. ANDERSON Commission # 2031255 WITNE S m d and official seal. Q Notary Public - California z z :r._ Y z "�� Orange County D My Comm. Expires Jun 27, 2017 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 President (rifle) ❑ 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 notmy to do something that is illegal for a notary in California (i.e. terrifying 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 comtnission 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/the},- 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 fde'with the office of the county cleric. 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 vl2.10 07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 7/25/16 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal 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($) is/me subscribed to the within instrument and acknowledged to me that he/sheiktey executed the same in his/keslkeir authorized capacity(ium), and that by his/tcs&Uisir signature(s) on the instrument the person(Y.), or the entity upon behalf of which the person(s) acted, executed the instrument. SUSAN PUGH u I certify under PENALTY OF PERJURY under the laws of comm. #2105405 a the State of California that the foregoing paragraph is true Notary Public -California 6. a and correct. ORANGE COUNTY Mycomm. Expires Apr 29,2019 Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Publ' Susan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: 7/25/16 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Sianer's Name: Arturo Avala ❑VIndividual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: MERCHANTS Bond No. cac712656 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1 st day of March , 2016 CQM A• MERCHANTS BONDING `�����t,�IOt�gt''•.,, OiQ ' = .••.0\NG o RPOq •.9alk MERCHANTS NATIOO NAL BONDING, IN'42.C. �' �i n • a 1933 c •.y�•, cti. By 6S•.. �d STATE OF IOWA • ,'I'•411rerI.Ft7liYlS's COUNTY OF Dallas ss. President On this 1st day of March 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 11�,;,Ats WENDY WOODY o Commission Njmber 794654 ? hty Commission Expires my June 20, 2017 Notary Publi , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of July , 2016 Secretary POA 0014 (6/15) This Consent was executed in two (2) identical counterparts. CONSENT OF SURETY OWNER TO FINAL PAYMENT ARCHITECT AIA Document G707 CONTRACTOR SURETY OTHER Bond No. CAC712656 TO (OWNER) (Name and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: (Name and address) Residential Tree Petition Streets Project #1504 ARCHITECTS PROJECT NO N/A CONTRACT FOR: $ 650,501.00 CONTRACT DATE: September 10, 2015 Final Contract Price: $737,162.38 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety) Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, IA 50266 SURETY on bond of (here insert name and address of Contractor) Nobest Incorporated 7600 Acacia Ave. CONTRACTOR Garden Grove, CA 92841 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Main Street OWNER Huntington Beach, CA 92648 as set forth in the said Surety Company's bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 25th day of July 2016 (insert in writing the month following by the numeric date and year) Surety Company Merchants ndin o any (Mutual) Attest &ignature of Authorized esentative Seal Title Arturo Ayala, Attorney -in -Fact AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TO FINAL PAYMENT 1994 EDITION AIA® One Page ©THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 7/25/16 before me, Susan Pugh , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH COMM. #2105405 ` Notary Public California ?}— ORANGE COUNTY LL My Comm. Expires Apr29, )niQ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(%) is/aze subscribed to the within instrument and acknowledged to me that he/sheftbW executed the same in his/bte&Aek authorized capacity(ia%), and that by his/Mx4hair signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public usan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Consent of Surety to Final Payment Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer Tltle(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: Bond No. CAC712656 MERCHANT BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Burchfiel their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1 st day of March 2016 � 1�1 j�'b• C •' •. • LNG co •.• MERCHANTS BONDING COMPANY (MUTUAL) A .•. ••... �; aft., p,gy�pa- �O . • • • • • •.! • ;�O��F�POl�,9�9y�• MERCHANTS NATIONAL BONDING, INC. �G v. 2+?3 ;'.� :yJ. 1933 .�y • B y ....... �• STATE OF IOWA 7r ,wo ' COUNTY OF Dallas ss. President On this 1st day of March 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ^rR;Ats. WENDY WOODY c r Commission Warner 784654 My Commission Expires ` June 20, 2017 Notary Publ, , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of July , 2016 o POA 0014 (6/15) �O�l16 • C pMA •• .' CG .�.<- ~ -o fn yJ. 1933 : c: Secretary 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 1504 Project: Residential Tree Petition Street Improvements Angler Land and Palisade Drive 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 27th day of June , 20 16 at © acne) APPROVED II ,TO PO B v �. Mi ael E. Gates ity Attorney 1 lifornia. Nodland ent_Nobest, Inc. I, Larry Nodland state and certify that: (Name of Declaraiit) l . Nobes t Inc is the general contractor to the City of l luntington Beach ("City") on Contract No. 1504 (the "Contract') for the construction of the public work of improvement entitled: Residential Tree Petition Street Improvements Angler Lane and Palisade Drive _ (the 'Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five- (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims, if none, write "NONE"): None 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"). None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 0 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: CC 1504 Project: Residential Tree Petition Street Improvements Angler Lane and Palisade Drive 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, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identity, 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 27th day of .Tune 12016 ng rove California. _ _ rry Nodland President/Nobest, Inc. APPROVED AS_XP F By: Michael E. Gates Cif, Attorney 1 RECEIVE BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for ,G' V 0,6&- & _ CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved (Council Approval Date) Agenda Item No. ff� City Clerk Vault No. r� SIRE System ID No. e-A e� ��T 77) Date 3/4/2016 Via Certified Mail Return Receipt Requested To NONE REPORTED Reputed Lender To Reputed Owner CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 To Reputed Original Contractor NOBEST, INC P O BOX 874 WESTMINSTER, CA 92684 N O C" t Re Woik of [mprovement at Residential Tree Petition Street Improvements, CC-1504, Angler Lane and Palisades Dr, Huntington To All Concerned With our Preliminary Notice dated 12/23/2015 _, we complied with the provisions of Section 3097 of the California Civil Code Because we are reluctant to file a Clain of Lien or serve a Stop Notice without once again notifying all concerned, be advised that we have not received payment in the stun of $ 6,056.25 for materials/labor/services or equipment furnished for above work of improvement from 12/17/2015 to 12/18/2015 at the request of Nobest, Inc Our failure to have received payment for the above amount on or before 03/15/2016 , will cause us, without fwther notice, to record a Claim of Lien and/or serve a Stop Notice andlor proceed with any other collection measures we consider necessary for the protection of our investment Very truly yours, EBS U ES ADJUSTING, INC gAN - ACCOUNTING SUPERVISOR 1320 E SIXTFI ST, SUITE 100 e CORONA, CA 92879-1700 • OFFICE (951) 279-6869 0 FAX (951) 279-9112 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT14 Attn David Verone P 0 Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III � � 1H �1� 111� 11� I[ 11� 11$ 1�11 1��11 1�� 111� 11 III NO FEE *$ R 0 0 0 8 0 5 6 2 4 8$ 20150006W89 3:16 pm 12/29/15 143 404 N12 1 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Nobest, who was the company thereon for doing the following work to -wit Residential Tree Petition Streets, Project # 1504 That said work was completed 12/22/2015 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 12/22/2015, per City Council Resolution No 2003-70 adopted October 6, 2003 That upon said contract Merchants Bonding 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 Director of Public Works or City ngineer Date City of Huntington Beach, Califdrnia STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) I, the undersigned, say I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION I have read said NOTICE OF COMPLETION and know the contents thereof, the same is true of my knowledge I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section 6103 and should be recorded free of charge Director of Pubic Wor or City Engineer Dat City of Huntington Bea h, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT14 Attn David Verone P O Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Nobest, who was the company thereon for doing the following work to -wit Residential Tree Petition Streets, Project # 1504 That said work was completed 12/22/2015 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 12/22/2015, per City Council Resolution No 2003-70 adopted October 6, 2003 That upon said contract Merchants Bonding 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 AZ_ IL I 2 ! Director of Public Works or City ngineer Date City of Huntington Beach, Calif nia STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) I, the undersigned, say I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION I have read said NOTICE OF COMPLETION and know the contents thereof, the same is true of my knowledge I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section 6103 and should be recorded free of charge � �c ____ - — A 4L --- — 1 Z 2 2 r k Director of Pubic Wor or City Engineer Date( City of Huntington Bea h, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECFzIVEDEBY, (Name) (Date) • CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating , r CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO. City Treasurer FROM City Clerk r DATE C if SUBJECT Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. I Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No CC No MSC No. Other No g /forms/bond transmittal to treasurer (Company Name) .6 Approved (Council Approval Date) Agenda Item No City Clerk Vault No. SIRE System ID No ,��c3' e CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST INC. FOR RESIDENTIAL TREE PETITION STREET IMPROVEMENTS AT ANGLER LANE & PALISADE DRIVE — CC1504 THIS AGREEMENT ("Agreement") is 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 Nobest Inc, a California corporation, hereinafter referred to as "CONTRACTOR " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Residential Tree Petition Street Improvements at Angler Lane & Palisade Drive Project in the City of Huntington Beach, and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows 1 STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in City Funded Contract - 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), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement "Contract Documents" as defined herein mean and include A This Agreement, B Bonds covering the work herein agreed upon, C The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto, 2 City Funded Contract - 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 Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein 3 City Funded Contract - shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed six hundred fifty thousand five hundred one Dollars ($650,501 00), 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 fifty (50) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement 4 City Funded Contract - 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 there from is authorized in writing by DPW CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the 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 5 City Funded Contract - 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 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 6 City Funded Contract - 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, the sum of five hundred dollars 500 00) per day for each and every working days 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 City Funded Contract - unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to CITY within fifteen (15) days of the commencement of such delay 8 City Funded Contract - 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 CHANGES IN WORK A Definitions (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4 (2) "Demand" means a written demand for a Change Order by the CONTRACTOR or CITY for changes in the work as stipulated in the contract documents B No Change Order may be granted except where the CONTRACTOR has submitted a Demand to the DPW (or his or her written designee) All Demands shall be submitted promptly, but in no event later than fifteen (15) days after the occurrence of the event giving rise to the Demand The Demand shall be in writing and include all documents necessary to substantiate the Demand The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater 9 City Funded Contract - C Notwithstanding the fifteen (15) days to submit a Demand under Subparagraph C, in the case of changed conditions or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions immediately, so that the CITY may promptly investigate the conditions D If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve E CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the DPW shall issue a written decision on the claim within a reasonable time F Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3 6 of Title 1 of the Government Code For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process 10 City Funded Contract - 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 14 PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR 11 City Funded Contract - When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by 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 an acceptance of any part of the work 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 12 City Funded Contract - 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 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 13 City Funded Contract - passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR 19 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation, CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTOR shall 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 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 14 City Funded Contract - 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 (the "Additionally Insured Parties") as Additional Insured, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY, however an insurance policy "deductible" of $5,000 00 is permitted CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement 15 City Funded Contract - 21 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, the certificates shall 1 Provide the name and policy number of each carrier and policy, 2 State that the policy is currently in force, and 3 Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insured's, 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 16 City Funded Contract - jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims 23 DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement, in such event CITY may 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 17 City Funded Contract - convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR 25 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 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 18 City Funded Contract - similar legal document This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 29 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below, provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U S certified mail -return receipt requested TO CITY City of Huntington Beach ATTN David Verone, Public Works 2000 Main Street Huntington Beach, CA 92648 30 SECTION HEADINGS TO CONTRACTOR Nobest Incorporated Larry Nodland (President) P.O.Box 874 Westminster. CA 92684 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 19 City Funded Contract - interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 31 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that 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 Jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate 20 City Funded Contract - 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 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 21 City Funded Contract - 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 herein below 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, 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 22 City Funded Contract - Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 42 CALIFORNIA PREVAILING WAGE LAW A The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774 In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee B Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY; forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work 43 PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same CONTRACTOR further 23 City Funded Contract - agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ad-S% / 7. 2015 CONTRACTOR CITY (pnnt name) Chairman / Presid (circle one) AND Robert Nodland 11 (print name) ITS Secretary / Chief Financial Officer Asst Secretary / Treasurer (circle one) OF unicipal §lifornia HUNTINGTON corporation of BEACH, a State of INITIATED AND APPROVED 14---- ':�" Director of Pulffic Works F/I,*X"D APPROVED �- f ity Manager APPROVED AS-rO'FORM City Attorney 24 City Funded Contract - State of California County of Orange On September 10,2015before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland II , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that,h�sJaelthey executed the same in lbis4wr`/their authorized capacity(ies), and that by Wpfltheir 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. KAY E ANDERSON Commission # 2031255 THE my and Official seal. < •,m Notary Public - California i Z Orange County D I My Comm Expires Jun 27, 2017 Sr ature of Notary Public (Notary Seal) t� DESCRIPTION OF TILE 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) IN Corporate Officer ( s ) Larry Nodland—President ffiue)Robert Nodland II —Sec. ❑ Partner(s) ❑ Attorney-m-Fact ❑ Trustee(s) ❑ Other 'F l U •1 1' 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 Cal forma. In such instances, any alternative acknowledgment verbiage as may be panted 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 a certifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form f 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 notanzation must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the names) of document signer(s) who personally appear at the time of notan7ation • Indicate the correct singular or plural forms by crossing off incorrect forms (i e hetsheldwe- 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 unpression 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 •'r 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 clauned by the signer If the claimed capacity is a corporate officer, indicate the title (i a CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v 12 10 07 800-873-9865 www NotaryClasses corn SECTION C PROPOSAL for the construction of RESIDENTIAL TREE PETITION STREET IMPROVEMENTS from ANGLER LANE AND PALISADE DRIVE CC No. 1504 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 paces The undersigned agrees to complete the work within 50 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. Accompanyi g this proposal of bid, find �j e t�''D S _ in the amount of ®'i which said amount is not less than 10% of the aggregate of the total bid price, as requ ed by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall si2nifv receipt of all Addenda here, if any Addenda No. Date Received Bidder' Si n C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE BID ITEMS c0 l Qa ni s 1 Mobilization 1 LS $ $ Construct Curb Access Ramp per Caltrans Std Plan A88A as 2 shown on Plan from BCR to ECR (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, 4 t; $ ) $ 1610, retaining curb, slot pave, etc ) EA 3 3 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay �/� i $ `� ?q ' $ / (0 12') 400 TN 4 Adjust Sewer Manhole to grade 4 EA $ 00 $ 5 Adjust Sewer Lateral Cleanout Manhole to grade 25 EA $ ® $ 1/ SQ f 6 Adjust Water Valve Cover to grade 3 EA $ $ 140 7 Replace Water Meter Box Frame and Cover with City oa $j Q $ So OG furnished box and cover and to grade 27 EA ` 8 Cold Mill 0 12' thick adjacent to side streets and transverse 3G $ f oc $ �ir�✓Cl. joins and taper to zero 4,100 SF 9 Cold Mill 0 12' adjacent to curb and gutter section and taper to ©i $ $ zero from 7' from gutter edge 14,370 SF / Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address) Pull out all roots within proposed CC $ ���� $ improvements 2,135 LF / 11 Remove and Reconstruct Sidewalk per HB Std Plan 207 $ �� 0 $ (W=4') Pull out all roots within proposed improvements 6,300 SF Remove and Reconstruct Residential Driveway Approach Per 12 HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all roots O e_— within proposed improvements 3,900 SF $ $ 13 Remove and Reconstruct Residential Cross Gutter per HB Std Plan 205 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) 1,320 SF $ (�s $ I 14 Remove Existing Tree with Diameter 12" and smaller and Grind Stump To 24" below grade Pull out all roots within f 9 EA $ $ proposed improvements 15 Remove Existing Tree with Diameter 13" and larger and Grind Stump To 24" below grade Pull out all roots within proposed 12 EA �/�J -� $ '^' $� improvements C-2.1 (Addendum No 1) 5�e- SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE temp: 01 Plant new 24 Gallon Tristania Laurina Standard Trunk Tree with Root Barrier per HB Std Plans 714, 716, & 718 including 16 Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with 7� J Class A top soil 29 EA $ $ 1 Clear and Grub existing landscape including tree roots 24" 17 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot (address lot includes shard $ U` r9� parkway frontage and both parkway frontages for corner lots) 31 EA ✓, U 18 Remove and Replace existing irrigation system for each, parkway per address lot (address lot includes shared parkway�— �W frontage and both parkway frontages for corner lots ) 16 EA $ $ / o 19 Provide 14 day plant establishment and maintenance for sod only 1 LS $ $ �� N 20 Provide 90 day plant establishment for Trees Only 21 1 year landscape maintenance and guarantee for Trees Only 1 �S° L $ o r $ SJ 22 Traffic Control per Specifications 1 LS $ b J 23 Remove and Replace Street Sign Assembly per HB Std Plan $ �/ $ qX � 401 2 EA I SUB -TOTAL BID AMOUNT — SCHEDULE A $ 7 r� 75, l Iq�- SUB-TOTALAMOUNT IN WORDS h �/BID fee1'l andlj-e,Se Ue h �y — ` h,,Ie 1 � h CI a#W 01l o rl ,r Tf tmdll l ,�%l..! ; J( //Cz Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 (Addendum No. 1) M SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE BID ITEMS go 80 { 0 W'.mn- W.-Ism a- Construct Curb Access Ramp per Caltrans Std Plan A88A as 1 shown on Plan from BCR to ECR (Item includes all appurtenances, curb & utter, depressed curb, sidewalk, slot 6 /� $ "! a $Y� domes, retaining curb, pave, etc) EA 2 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 355 7(f $ `, � ' $ 4��i �® (0 12') TN 7 3 Adjust Sewer Manhole to grade 4 EA //ma�yy $ §V0- 4 Adjust Sewer Lateral Cleanout Manhole to grade 18 EA C> 5 Adjust Water Valve Cover to grade 7 EA 6 Replace Water Meter Box Frame and Cover with City $ Sa oa furnished box and cover and to grade 22 EA 7 Cold Mill 0 12' thick adjacent to side streets and transverse 6,830 SF $ �• joins and taper to zero 8 Cold Mill 0 12' adjacent to curb and gutter section and taper to zero from 7' from gutter edge 12,500 SF �i0 $ $ / 7S`® ? 9 Surface grind existing pavement 0 12' thick 420 SF $ • 'r $ ! b Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed os, �— $ ����� improvements 1,260 LF $ Remove and Reconstruct Curb and Gutter per HB std Plan 202 (CF=8") (Item includes lot drain, Slot Pavement, 11 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed improvements 350 LF 12 Remove and Reconstruct Sidewalk per HB Std Plan 207 �� P (W=4') Pull out all roots within proposed improvements 4,050 SF Remove and Reconstruct Residential Driveway Approach Per 13 HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all roots l ��' within proposed improvements 3,000 SF $ Y✓ $ I Remove and Reconstruct Residential Cross Gutter per HB �%�' 14 Std Plan 205 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) 790 SF 15 Remove Existing Tree with Diameter 12" and smaller and Grind Stump To 24" below grade Pull out all roots within �r�V Ja proposed improvements 13 EA $ D $ d , C-2.3 (Addendum No. 1) M 016 9JC SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE YYJl 16 Remove Existing Tree with Diameter 13" and larger and Grind StumpTo 24" below grade Pull out all roots within proposed g p p improvements 5 EA Plant new 24 Gallon Tristarna Launna Standard Trunk Tree or King Palm with Root Barrier per HB Std Plans 714, 716 & 718 17 including Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location 21 $ ! $ l ���{ and replace with Class A top sod EA Clear and Grub existing landscape including tree roots 24" 18 below grade, replace with Class A top sod, and install dwarf fescue sod for each address lot (address lot includes shard Ff 3 LJ ®e` Q, parkway frontage and both parkway frontages for corner lots) 19 EA $ / $ 1, 19 Remove and Replace existing irrigation system for each parkway per address lot (address lot includes shared parkway 2 �Q' frontage and both parkway frontages for corner lots) 16 EA $ ✓ $ 20 Provide 14 day plant establishment and maintenance for sod 1 �� $ 7J $ only LS 21 Provide 90 day plant establishment for Trees Only 1 LS g 22 1 year landscape maintenance and guarantee for Trees Only 1 LS $ $ y Me. � 23 Traffic Control per Specifications 1 LS $ U, � $ 24 Remove and Replace Traffic Striping in kind 1 LS $ $ 25 Remove and Replace Street Sign Assembly per HB Std Plan (' $J� $ �� 401 3 EA SCHEDULE $ 3i 5, 01 SUB -TOTAL BID AMOUNT — B SUB -TOTAL BID AMOUNT IN WORDS I-Wo figndr-Qd S P llen -iy - s .e v ao r<�e Oa�l Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.4 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE TOTALS TREE PETITION STREET IMROVENIENTS, CC 1504 i Sub -Total Bid Schedule A M6e Sub -Total Bid Schedule B 4Z TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A&B) TOTAL BID AMOUNT IN WORDS Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name andAddress of Subcontractor State Class Dollar % of Item(s) License Amount Contract Number �-� GU ;a4'1-hPrn Ale Os' m 6- Ora/7CR ra�a�ssa, 6(q jP �7(_khWg S� Ok—at 0ra.q 1sn 1(tef 7eK `�2 fVS IS �G ik� r�te;rl Get 000V09 � ag)d c Pe �3ysh��d ��. 809121211 �1_T� �q,;?x �,4 l/a Ae v C / 006W Sb Ndble -70 fey ' gl CS7 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY 1 1 : 1 SUBMITTED WITH BID I declare under penalty of perjury under the laws of e State of C lifornia that the foregoing is true and correct and that this declaration is executed o D�at-le— City State L4Iry Alod ari , being first duly sworn, deposes and says that he or she is Pi^ Pe-, ' d of l t of NO b,06 i�- 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 file bes�- -T Name of Bidder SiNature of Address of Bidder fO LAR/ C-4 State of California County of Orange On 7- 20 ' l S before me, Kay E. Anderson/Notary Public , (Here msert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person,(.-) whose name(s`is/subscribed to the within instrument and acknowledged to me that he/,f1dt prexecuted the same in his/bar/Ilj.�'authorized capacity, and that by his/�ee9 bdr'signatureXon the instrument the person; or the entity upon behalf of which the personacted, 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. AVAY icIM! 4 Conurission # M1255 WITNESS y h a official seal. Notary Public - CalNornia Orange County My Comm Expires Jun 27, 2017 (Notary Seal) �ignatbMof Notary Public 1 1 • • •, . •, M DESCRIPTION OF THE ATTACHED DOCUMENT ,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in 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 a 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 withm his or her commission followed by a comma and then your title (notary public) e Print the names) of document signer(s) who personally appear at the time of notarization. e Indicate the correct singular or plural forms by crossing off incorrect forms (i e Wsbet 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 clauned by the signer If the claimed capacity is a corporate officer, indicate the title (i a CEO, CFO, Secretary) e Securely attach tins document to the signed document 2008 Version CAPA v1210 07 800-873-9865 www NotaryClasses com 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 RESIDENTIAL TREE PETITION STREET IMPROVEMENTS , (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date "7-2) `h�— koJ-Ps f h C Contractor C-5 In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes C(No If the answer is yes, explain the circumstances in the space provided WA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date- / '"G P J Contractor LIZ r l- �,We Title V C-7 BIDDER certifies that the following information is true and correct 111ob$S4-ZitC- Bidder Name B siness ddress (7-4� " f �Q v� c /a 01 City, State Zip Tele hone Number .?a 14 State Contractor's License No and Class Original Date Issued Expiration Date The work site was inspected by i% G P(i s of our office on % u ,201S.. Th%%e following are ///� persons, firms, and corporations having as principal interest in this proposal: lsgrtpi,J /VD CQhd PfoP5rj,�Ien9, e fury 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 N Printed or Typed S Subscribed and sworn to before me this-V NOTARY PUBLIC KAY E ANDERSON of-- V �-+ , 201 Commission # 2031255 4My Notary Public - California Orange CountyComm Ex Tres Jun 27, 2017 C-s NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. see a?�o�e Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Provide additional project description to show similar work. Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-9 REFERENCE \ CE LIST Page 1 No. 1 Project Name/Number: Annual Concrete Maintenance Program Project Description: R&R Concrete Sidewalk Drive Approaches Qgrb Ramps Curb & Guttel Approximate Construction Dates: From 2/1/13 To: Present Agency Name' City of Huntington Beach Contact Person: Derecic Livermore Telephone: (714) 960-8861 Original Contract Amount. $500,000 Final Contract Amount. In Progress No. 2 Project Name/Number: Central Balboa & Newport Heii hts Alley St. Replacement Project Description' Remove and Replace Concrete Alleys Streets Curb & Gutters Sidewa& Curb Ramps Approximate Construction Dates: From: 1/2013 To. Present Agency Name: City of Newport Beach Contact Person. Mire Sinacori Telephone. (949) 644-3342 Original Contract Amount: $1,320,000 Final Contract Amount $ 1,101,688 Page 2 No. 3 Project Name/Number. Maintenance Service Agreement Project Description. Remove and Replace Concrete at Various Locations Approximate Construction Dates- From: 7/1/12 To. Present Agency Name: City of Westminster Contact Person: Todd Miller Telephone: (714) 681-3020 Original Contract Amount- $345,000 Final Contract Amount: In Pro less No. 4 ProjectName/Number: Reconstruction of Aulney Lane Project Description. Remove & Replace Concrete Sidewalk, Drive Approaches. Curb Ramps. Curb & Gutter Approximate Construction Dates• From. 10/2012 To• 1/2013 Agency Name- City of Huntinglon Beach Contact Person: Joseph Dale Telephone- (714) 536-5915 Original Contract Amount. $478,569 Final Contract Amount $ 478,569 Page 3 No. 5 Project Name/Number- La Cuarta Street Reconstruction Project Description: Concrete Construction, Asphalt Overlay Water Line Replacement Approximate Construction Dates: From- 6/2011 To. 9/2011 Agency Name. City of Whittier Contact Person: Kyle Cason Telephone. (562) 567-9511 Original Contract Amount- $1,022,001 Final Contract Amount: $ 1,022,001 • ;, Project Name/NNumber Old Town Resurfacing Program Project Description: R&R Concrete Sidewalks, Alleys Curb & Gutter Approximate Construction Dates: From 4/2010 To 11/2010 Agency Name: City of Seal Beach Contact Person: David Spitz Telephone- (562) 431- 2527 Original Contract Amount: $1,500,000 Final Contract Amount. $ 1,730,000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager -7, L}-- ISID-55713 VS IRC Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2 c 3 tJflDL-e- 4x- Name of proposed Superintendent Telephone No of proposed Superintendent: y `` �� "�s Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http.//www dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link - Call (844) 522-6734 https://efiling dir ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date. Date: / - z) ko&a �r 0 Contractor Pre 5,?/,Pox Title b - s KJ C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE for RESIDENTIAL TREE PETITION STREET IMPROVEMENTS CC No 1504 July 14, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1 Replace bid schedules C-2 1 to C-2 4 as the plant establishment and maintenance penods for trees and sod have been clanfied The new bid schedules include a 14 day plant establishment and maintenance for sod In addition, the bid schedules include a 90 day plant establishment and a 1 year maintenance for trees This is to acknowledge receipt and review of Addendui Company Name -�- N-15 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number NOBIN-221 AlA Document A310 r � r KNOW ALL MEN BY THESE PRESENTS. that we Nobest Incorporated 7600 Acacia Ave Garden Grove CA 92841 as Principal, hereinafter Called the Principal and Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines , IA 50321 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, In the sum of Ten Percent of Amount Bid Dollars ($ 10% of Bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for Residential Tree Petition Street Improvements CC No 1504 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 1 Oth day of July, 2015 Nobest Incorporated 62�f� (Ut mess) AIA DOCUMENT A310 . BID BOND • ALA ® • FEBRUARY 1970 ED • THEAMERICAN INSTITUTE OF ARCHrrECTS, 1735 N Y AVE., N W, WASHINGTON, D C 20006 1 r State of California County of Orange On -7 ' Z.' ' IS' before me, Ray E . Anderson/Notary Public , (Isere insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the person,(s)'whose nameXis/subs cribed to the within instrument and acknowledged to me that he%A0,4--rexecuted the same in his/,. *eif'authorized capacity', and that by his/jatn i4eW signatureXon the instrument the personX, 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. A. KAY E APB WITNE m an and official seal. Co Notary Puon # l •as Notary Public - CalNornfa � Orange County My Comm Expires Jun 27, 20f 7 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney-m-Fast ❑ 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 Cal forma. 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 a certifytng the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form f 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 notanzation. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e lie/shetdwi ;- is /am ) or circling the correct forms Failure to correctly indicate thus information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression mist not cover text or Imes If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public mist match the signature on file with the office of the county clerk. Addmonal information is not required but could help to ensure this acknowledgment is not rmsused 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 a CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v1210 07 800-873-9865 www NotaryClasses corn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Ora On 7/10/15 before me, Date Susan Pugh , Notary Public, InsertName of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signers) y EsUSAN PUGH rs QOMM #2105405 M Mftry PN41p-CZlifornia X ORANGE COUNTY LL 4 My Comm Expires Apr 29, 2019 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(%) is/me subscribed to the within instrument and acknowledged to me that he/sheidbey executed the same in his/hexihex authorized capacity(=), and that by his/ftaxk seir signature(s) on the instrument the person(.), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature ✓`� Place Notary Seal Above Signature of Notary Public S s Pugh c 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 the form to another document Description of Attached Document Title or Type of Document Bid Bond Document Date 7/10/15 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 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing MERCHANTS S Bond No. NOBIN-221 BONDING COMPANYTM POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury, Arturo Ayala, Daniel Huckabay, Dwight Reilly Of Orange and State of California their true and lawful Attomey-m-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver to their behalf as surety any and all bonds, undertakings, recognizances or other written obligations to the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-m-Fact, pursuant to the authority herein given, are hereby ratified and confirmed This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc, on October 24, 2011 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014 •• �O�taG Co*- •. �•�O ORP0,9 9 ►y- Z -o- tit�y 1933 ; ti. STATE OF IOWA COUNTY OF POLK ss MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC By/--f,7 President On this 13th day of August , 2014, before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written �PRiA<s WENDY WOODY v Commission Number 784654 . r ° ° '- My Commission Expires �CANP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of July 2015 taCLfllrtgy'''••,, ,••p�N13 OD,yj•. CID �: 2 �. . f_ -o- _p = = • 6'• 1933 c Secretary =' L)i, POA 0014 (7/14) "-.,�� ••+0 "a�a, ••6J,��••`~�•• NFI IIsf• N0BEST, IAli PqTED 4 4 N fr�sTIVnrNSTwss=cis? Ols I, Wwl Ta M� _ -- __ - _ �'i �`��y'"�.iC�.'3"� �.+ry .�,-�'.ud •rc�,7,6fu��A. 's � � r} . x / 4 � ��fl'�+ �Ir��. �. � GJj �G ■ py a' �t '+�nfi M i �`7 4p L/ r 4� �#! li � � � � �� �r ��f/' � �r r �� �-�>;f§.�� � MNA.� r� � ' _ q���'ry 5•. c"b � t a t i. 4 �,iGf T�QIS RECEIVED BY: (Name) (Date) TO FROM DATE SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Cler//",-)—/xi Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No CC No MSC No Other No g /forms/bond transmittal to treasurer 1AJ(Z ---' (Company Name) 5, Approved (Council Approval Date) Agenda Item No. City Clerk Vault No .. CID SIRE System ID No;7�- THE FINAL PREMIUM IS This bond was executed in two (2) FINAL PREDICATED ON THE Bond No CAC712656 CONTRACT PRICE identical counterparts Premium $10,005 00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS City of Huntington Beach (hereafter referred to as "City") has, by written agreement Gated September 10 20 5, entered into a contract wilt•, _ Nobest Incorporated 7600 Acacia Ave Garden Grove CA 92841 (name and address of Contractor) (heremaher referred to as 'Principal") for performance of the worts described as follows - Residential Tree Petition Streets Project #1504 (Project Title) WHEREAS, said contract, and all documents referenced thorein (hereinafter collectively 'Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full, and Said Principal is required under the terns of the Contract to furnish a oond guaranteeing the prompt, rill and faithful performance of said Contract by a c:uty admitted surely insurer under the laws cf the Stotc of California (hereinafter referred to as "Surety'), and Surety is certified and listed in the U S Department of the Treasury Circular 5TQ, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial stronglh ratings from reputable companies, such ac from A Ail Best, Moody's, or Standard tt Pools, to validate that Surety has positive ratings of being secure or Stable, and Surety is registered and listed with the California Department of Insurance, NOkAr, THEPEFORE, we, the undersigned, as Pnrcpal, and Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines IA 50266 (name and address of Surerj) as Sureiy, are held and firmly bound unto City in the penal sum of Six Hundred Fifty Thousand Five Hundred One and 00/100 Dollars t$650,501 00 ), this amount being not less than one hundred percent o` the price set forth in the Conti act, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind oursel aes our hers, executors administrators and successors jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shalt promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and pe, -ormed by the Principal in strict accordance wi h the terms of the Contract as said contract may be altered, amended or modified from time to time, and if the Principal shalt indemnify and save harmless Cily and all of City's orTiceis, agents and employees (hereinafter collectively referred to as 'Obligees") fromany and all losses, Lability and damages claims, judgments, stop notices, tees and costs of every dascription, whetner 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 ati of the terms or the obliga ions of the Contract inctulinra all aiterarions, amendments and modifications thereto and any v arranties or guarantees reyuirec thereunder then this ob iga+ison shall raw void, otherwise, it shall be and s+-iall remain in full fore and effect Surety stioulates and agrees for value received, that no adjustment of the time or price in the Contract or any alteration cnarige, deletion, addition cr other modification to tha _ o,,troct, or the work io oe performed cherelioder, shalt in any way affe+;t, limit, restrict, irrrr air or refersa the obligations of the Surety under this Bond Sure'l wraivas notice of any adjustment of contract or contract once, a,iJ any otner alteration, change aeletion, addition or other modification to the Contract or the wori< to be perrormed thereunder and agrees Bond Nlo CAC712656 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions additions or other modifications Surety agrees to provide wutten confirmation of such adjustments in the penal sum to City on not less than a quarterly basis Surety also waives the provisions of Civil Code §§ 2845 and 2848 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such patty's pioper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its tdoveming 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 property execute this bond Dated September 10, 2015 ATTEST (Corporate Seal) ATTEST (Corporate Seal) Merchants Bonding Company (Mutuall j3�r v h ai Arturo olAlo (Signature e act for Surety} iAtlaciti Attorney -in Fact Certificate) 678-8171 (Arca Code & Telephone Nurnber for Surety) APPROVED AS TO FORM By — - _ Michael E Gates, City Attorney rt r t Note Thra bond must be executed rr ouphca,e and datad aq s,gnaruras mum, be notarrze,l and evidence ofthe aurhotry or anv person s,gning as attotnoy-m fa,ef tnu,, be aNdLodd PERFORMANCE BOND Paac 2 of 2 i ��.a @ j: ;i � k ` ,� li ♦. j , ri � 14 S'�� F S' e State of California County of Orange On September 10, 2015 before me, Kay 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 personjzl) whose namewis/subscribed to the within instrument and acknowledged to me that helA t y^executed the same in his/W7Tjefr'authorized capacity, and that by his/jW/tPeY signatureolon the instrument the personally, or the entity upon behalf of which the personSs�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. 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 CLAWED BY THE SIGNER ❑ Indlvidual(s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other KAY E ANURUMM Commission * 2031255 i Notary Public - CaWorma � ` Orange County My Comm Ex Tres Jun 27, 2017 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed to California must contain verbiage exactly as appears above to 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 a cerrfyrng the authorized capacity of the signer) Please check: the document carefully for proper notarial wording and attach this form :f 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 Wshe/dxwy,— is /are ) or circlmg 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 Imes 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 a CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 1007 800-873-9865 wwwNotaryClasses com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Orange On 9/10/15 before me, Date Susan Pugh , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) r.. SUSAN PUGH f ,\\ CONIM #2105405 N aj /. I P o �r,✓ P«blic-California v LL On.iNuE COUNTY i>p,iesApr29,2019� �- vftJ�Comm .�_,-_.- �..,--..•tip-=-^,�l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/me subscribed to the within Instrument and acknowledged to me that he/sheAkew executed the same in his/laeAhex authorized capacity( ), and that by his/ble]r4histr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature Place Notary Seal Above Signature of Notary Publicjbusan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Document Date 9/10/15 Performance Bond Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Arturo Ayala ❑ Individual ❑ Corporate Officer—Title(s) F Partner F Limited n General Fy� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Number of Pages Two Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing �j ERCHANTS Bond No CAC712656 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Andrew Waterbury, Arturo Ayala, Daniel Huckabay, Dwight Reilly their true and lawful Attorneys)-m-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc, on October 24, 2011 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof " "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 MERCHANTS BONDING COMPANY (MUTUAL) 101,a�ry�,, a��r1G CQ�A•• MERCHANTS NATIONAL BONDING, INC co 4 2��3 r'.� ' 1933 By e, STATE OF IOWA •`'`Rbr,u,+Nte���"t • • • •\• COUNTY OF Dallas ss President On this 15th day of August 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors tiPR IZArl s> D CommissionNumber 84654 Z My Commission Expires June 20, 2017 Notary Publ, , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of September , 2015 c°ao\NP� Q�Aq�: ? -o- c y 1933 "c; • Y• POA 0014 (6/15) Secretary THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE This bond was executed in two (2) Bond No CAC712656 identical counterparts PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PFRSONS BY THESE PRESENTS WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to Nobest Incorporated 7600 Acacia Ave. Garden Grove. CA 92841 (name and address of Contractor) (hereinafter i effrred to as "Principal" ), a contract ("Contract") for the work described as follows Residential Tree Petition Streets. Project #1504 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Corte to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"), and Surety is certified and listed in the U S Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract, and Surety has provided financial strength ratings from reputable companies, such as from AM Best, Moody's or Standard & Poors, to validate that Surety has positive ratings of being secure or stable and Surety is registered and listed with the California Department of Insurance NOW THEREFORE, we, the undersigned Principal, and Merchants Bondina Companv (Mutual) 6700 Westown Parkway West QQa Moines IA 50266 _ (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Six Hundred Fifty Thousand Five Hundred One and 00/100 dollars ($ 650,501 00 ), this amount being not less than one hundred percent (100%) of the total price set forth in time Contract, in lawful nmoney 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 hosts, 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, orits heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, t813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same ui an amount nut exceeding time penal sum specified in this bond, otherwise, this obligation snail be null and void This bond shall inure to the benefit of any of fhe persons named in Section 318 1 of the California Civil Code so as to give a right of action to such persons or then assigns In case anv action is brought upon this bond, Surety turther agrees to oay all covet costs and a reasonable attorney's fee in an amount fixed by the court p3,yz j or2 i�-1�9' 11%"si7 P,1YNIEN I' BOND Surety stipulates and agrees, for value received, that no change, extension of time, altcratlon, 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 heroby waives notice of any such change, extension of time, altei ation, addition, or modification to the terns of the Contract, the contract documents or the woi k thereunder Surety also waives the provisions of California Civil Code § 2845 and 2849 IN WITNESS WHEREOF each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authoii(y of its governing body Surety, by exevution or this bond waives ,any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond Dated September 10, 2015 ATTEST (Corporate Seal) ATTEST (Corporate Sea]) (Attach Attorney -in -Fact Certificate) (80a 678-8171 (Area Code 8 Telephone Numbei for Surety) APPROVED AS TO FORM Michael E Gates, City Attorney Note This bo,id must be es,ecured in dug-lrcate and darad, all signatures trust be no,arr_ed, and e✓idence of he x ahonry of any person stoning as affomey-in-tact must be attached f :A 5'1iP',,T BOND "I gc 2 Li t 2 DESCRIPTION OF THE ATTACHED DOCUMENT ,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other State of California County of Orange On September 10,2015 before me, Kay 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 persony)whose name�sTis/9r'e'subscribed to the within instrument and acknowledged to me that he/lltit e3r'executed the same in his/b.r;r/thefrPauthorized capacity', and that by his/,heI`/ti4z� ifr signatureXon 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. KAYE ANDERSON Commission # 2031255 VE my d and official seal. z ;� _ Notary Public - California D z `�� Orange County My Comm Expires Jun 27, 2017 Signature of Notary Public (Notary Seal) P ADDITIONAL OPTIONAL. INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed to California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property 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 dlegal 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 f required • State and County mfonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notanzation 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 tide (notary public) • Punt 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 (t e Wshelth)}- 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 teat or Imes 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 nusused or attached to a different document t Indicate title or type of attached document, number of pages and date Indicate the capacity clauned by the signer If the claimed capacity is a corporate officer, indicate the tide (i a CEO, CFO, Secretary) • securely attach this document to the signed document 2008 Version CAPA v12 1007 800-873-9865 www NotaryClasses com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Ora On 9/10/15 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) a `w\ SUSAN =UGH n.���� COMB^_105405 M ��" Notary Public -California y 0P,ANCF COUNTY LL o 0 „F fJfy Comm Fapiie Apr 2 �019, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/s4aeftey executed the same in his/hex(their authorized capacity(=), and that by his/h>sMhaw signature(s) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature \ZL; Place Notary Seal Above Signature of Notary Public usan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document Title or Type of Document Payment Bond (Labor and Materials) Document Date 9/10/15 Number of Pages Two 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 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing ERCHANTS Bond No CAC712656 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Andrew Waterbury, Arturo Ayala, Daniel Huckabay, Dwight Reilly their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of TEN MILLION ($10,000,000 00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc, on October 24, 2011 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof" "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 04, . j. V :�• : � 21 ?3 :�.� = • a 1933 c; STATE OF IOWA `'�h,r ltttt"`�t ° • ° • • ° MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC . y /.,e-7 7,�� COUNTY OF Dallas ss rrm0f President On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors p5,1A-1P WENDY WOODY ov Commission Number 784654 My Commission Expires JOIN?' June 20, 2017 Notary Publi , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of September , 2015 •�O�0�1% P ►— - o o ° a' 1933 c; `14�1 POA 0014 (6/15) ,Z/ Secretary CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Nobest Incorporated PROJECT:Residential Tree Petition (Contractor Name) Streets. Proiect # 1504 7600 Acacia Avenue (Street Address) Garden Grove, CA. 92841 (City, State and Zip) TO: CITY OF HUNTINGTON BEACH Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City') and the above -named Contractor ("Contractor') for the above -described project ("Project'l. I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct Signed on_ September 10, 2015at Garden Grove, CA. (Date) (City, State) (Signature of Iilllividual JVho is Making VIEW' J-HM Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the Insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming Gty as an additional insured Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements Signed on September 10, 20 15at Garden Grove, CA. (Date) (City, State) CONTRACTOR: Name: Nobest, I Name Title- 277621 2 A� ®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER Milestone Risk Management 6 Insurance Agency License No OB72766 NAME Catherine Sariana PHONE Ex (949)852-0909 a No (949)852-1131 t-MAILss csariana@milestonepromise com ADDRE INSURERS AFFORDING COVERAGE NAIC # 8 Corporate Park, Suite 130 INSURER Great American Assurance Co 26344 Irvine CA 92606 INSURED INSURER B Travelers InderrinitV Company of CT 025682 INSURER RSUI Inderrinity Co 22314 Nobest, Inc. INSURER D Travelers Property Casualty of 025674 P O Box 874 INSURER E Hartford Fire Insurance Co 019682 INSURER Westminster CA 92684 COVERAGES CERTIFICATE NUMBER 15/16 Master REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR I TYPE OF INSURANCE ADDL iijqn SUBR wvn POLICY NUMBER POLICY EFF (MMIDD/YYYYI POLICY EXP MM/DD Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS MADE ❑X OCCUR PREMISES Ea occDAMAGE TO urante $ 50,000 MED EXP (Any one person) $ Excluded GLP3176942 10/1/2015 10/1/2016 PERSONAL & ADV INJURY $ 1,000,000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY F PEO LOC PRODUCTS COMP/OP AGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO X ALL OWNED Fy SCHEDULED AUTOS AUTOS X HIRED AUTOS LXX NONOWNEDAUTOS 8100782P771 10/1/2015 10/1/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE PeraccidentCOMPDED1000 $ Uninsured motorist combined $ 1,000,000 COLL DED 1000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ NHA238821 10/1/2015 10/1/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE X PER OTH STATUTE ER E L EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED9 (Mandatory in NH) N / A UB0782P771 10/1/2015 10/1/2016 E L DISEASE - EA EMPLOYE $ 1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT I $ 1,000,000 E Rented/Leased Equipment 72MSZN3454 10/1/2015 10/1/2016 Limit $100,000 Deductible $1, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be WI i RE Residential Tree Petition Streets, Pro3ect #1504 City of Huntington Beach, its agents, officers, and employees are named a ditional in ured, where required by written contract, per the attached endorsements By ��ichael Gates, City Attomey CERTIFICATE HOLDER CANCELbATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St. ACCORDANCE WITH THE POLICY PROVISIONS Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE j?��,y��� Catherine Sariana/CAS C.GGC� i 00"-2401 ©1988-2014 ACORD CORPORATION All rights reserved ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD ORIGINAL POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Persons} or Orgenization(s): City of Huntington Beach its elected or appointed officials, employees, agents, and volunteers Additional Premium: Included Schedule ,y, , ,, • it Location(s) of Covered Operations But only for work performed by the Insured during this policy peraod for the following project: Residential Tree Petition Streets, Project #1504 Angler Lane & Palisades Drive Huntington Beach, CA 92646 Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. SECTION 11 - WHO IS AN INSURED Is amended to include as an Additional Insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury. "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. your acts or omissions, or 2, the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply.* This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed„ or 2, that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project Copyright. ISO Properties, Inc. 2004 CG 20 10 (Ed 07104) PRO (Page 1 of 11 ORIGINAL POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Nance of Additional Insured Person(s) or Organization(s): City of Huntington Beach its elected or'appointed officials, employees, agents, and volunteers Additional Premium: Included Location and Description of Completed Operations: But only for work performed by the Insured during this poicy period for the following protect: Residential Tree Petition Streets, Project #1504 Angler Lane & Palisades [drive Huntington Beach, CA 92848 Information required to complete this Schedule, if not shown above, will be shown in the Declarations SECTION II - WHO IS AN INSURED is amended to Include as an Additional Insured the person(s) or organizatonisi shown in the Schedule, but only with respect to liability for "bodily Injury`. or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products —completed operations hazard" Copyright ISO Properties. Inc, 2004 CG 20 37 (Ed. 07/04) PRO (Page 1 of 1) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 12, 2015 Nobest, Inc Attn Larry Nodland, President P O Box 874 Westminster, CA 92684 Dear Mr Nodland Enclosed for your records is a copy of the fully executed "City Funded Construction Contract Between The City of Huntington Beach and Nobest Inc for Residential Tree Petition Street Improvements at Angler Lane & Palisade Drive — CC-1504 " Sincerely, J F pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand Dept ID PW 15-048 Page 1 of 2 Meeting Date 8/17/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/17/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Nobest Incorporated in the amount of $650,501 for the Residential Tree Petition Street Improvements, CC-1504 Statement of Issue On July 21, 2015, bids were publicly opened for the Residential Tree Petition Street Improvements, CC-1504 City Council action is requested to award the construction contract to Nobest Incorporated, the lowest responsive and responsible bidder Financial Impact Funds in the amount of $750,000 are budgeted in the Gas Tax Account No 20790033 ($624,000), and Measure "M" Account No 21390008 ($126,000) Recommended Action A) Accept the lowest responsive and responsible base bid submitted by Nobest Incorporated in the amount of $650,501, and, B) 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, or provide staff with an alternative action Analysis This project will rehabilitate Angler Lane, from Orlando Drive to Softwind Drive, and Palisade Drive, from Angler Lane to Woodstock Lane These street segments were selected based on the established Tree Petition Program and upon current street conditions The scope of work includes removal and replacement of concrete sidewalks, driveway approaches, cross gutters, curb and gutter, landscaped parkways, and curb ramps The asphalt roadway will include a cold mill and overlay with new asphalt due to previous damage from existing tree roots Bids were opened publicly on July 21, 2015 The verified bid amounts are listed below Bidding Contractor Submitted Bid Verified Bid NOBEST $650,501 00 $650,501 00 ALL AMERICAN ASPHALT $668,04500 $668,04500 EXCEL PAVING $688,93020 $688,93020 Item 5. - I HB -66- Dept ID PW 15-048 Page 2 of 2 Meeting Date 8/17/2015 Staff recommends award of construction contract to Nobest Incorporated in the amount of $650,501 Nobest Incorporated has successfully completed several similar projects in the City, including the rehabilitation of Auinay Lane and Keelson Lane in 2013 The total estimated project cost is $750,000, which includes the construction contract, 10% contingencies, project management, and supplemental expenses Public Works Commission The Public Works Commission reviewed and approved the project on May 20, 2015, with a vote of 7-0-0 Environmental Status This project has a categorically exemption from CEQA pursuant to Class 1, Section 15301(c) Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 Location Map HB -67- Item 5. - 2 ANGLER LN. (SOFTWIND DR. TO ORLANDO DR.) Q PALISADES DR. NTS (ANGLER LN. TO WOODSTOCK LN.) TREE PETITION STREET IMPROVEMENTS CC-1504 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH Item 5. - 3 DEPARTMENT OF PLHB -68- WORKS 1 ',OF 1 CITY OF HUNTINGTON BEACH PROJECT NAME. Residential Tree Petition Streets CC# 1504 BID OPENING DATE 7/21/2015 TIME & LOCATION 10 00 A M Council Chambers ENGINEER'S ESTIMATE $610,000 00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT All American Asphalt, Corona Eagle Engineering & Development, Pomona Excel Paving, Long Beach GSCI,' Placentia Hardy & Harper, Santa Ana Kalban, Santa Clarita Nobest, Westminster .157D/ O6 RJ Noble Company, Orange Sequel Contractors, Santa Fe_Sprmgs r r� Y t7 PTS_11202014_Version_15_CC 1504 :L � � OCL, co uj LAJ_0}o tI �c _ cc - 7R� F�nn� t�wr� ( 10:00AW1 - HD IV30 Noi9N11N«H Jo A 113 00 =0, wn i z inr voz 03 I3 3 0� zom w" r A rn 0 M m Q CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention Joan L Flynn To City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date June 25, 2015 ProjectlC C No - C C No 1504 Regarding- Curb Access Ramp Pro ect ® We are sending you ❑ By Mad ® By E-Mad (Number of pages including this sheet )_3_ ❑ 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 # Co les Pa es Description ' 1 1 1 Notice Inviting Sealed Bids for CC-1504, Tree Petition Rehabilitation Project 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 reviewicomment ❑ Other Remarks Per Resolution 2014-69 (adopted on 09/02/14), the City Council authorized the advertisement of the above listed project Please find attached the Notice Inviting Sealed Bids for advertisement on 7/02/15, 7/09/15, and 7/16/15 The bid opening is scheduled for 7/21/15 at 10 00 AM Please contact me at 536-5259 with any questions you may have. By. Joe Fuentes, Civil Engineering Assistant c file G \CoxsTxucr[oN CONTBACFs (CCs)\CC1504 TREE Perrr<oN 2015\ENGINEERING\ADvER tsEMENT\NISB TRANsmrrrAL To Ccux-CC-1504 Doc 712- Ar 7/9 /I.r 7/b//J"" SECTION A NOTICE INVITING SEALED BIDS for the construction of RESIDENTIAL TREE PETITION STREET IMPROVEMENTS CC No. 1504 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 A.M. on July 21, 2015. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY websrte http //www huntingtonbeachca gov/government/departments/public works/Bids/ 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 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description. The project consists primarily of cold milling existing pavement, installation of an inch and a half (1-1/2") asphalt concrete overlay, adjustment of existing utility covers, and traffic striping For convenience of pedestrian access and vehicle parking availability one side of the street must be open at all times during construction of concrete improvements, tree removal, and demolition. • The contract shall allow the Contractor 50 working days to complete the contract. • The engineer's estimate of probable construction cost for the work is $610,000 Contractor must provide full access in public streets to parking and pedestrians from Friday, October 9, 2015 at 8 00 am to Monday, October 12, 2015 at 8 00 am for annual community event 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 2014, by Resolution No 2014-69. Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Esparza, Patty From: David Ward [DWard@ocregister corn] Sent: Thursday, June 25, 2015 4 32 PM To: Esparza, Patty Cc: Fuentes, Joe Subject: RE Legal ad for HB Wave- CC1504 Good afternoon Patty Your proof is below Have a good evening Ad#10064956 Run Dates 7/2, 7/9, 7/16 Cost $542 04 PROOF d9R A MOTM unlrnMs SNALM am nr�®�rin�c'� t erica„ � ce rls U" .a the a" 11UMMTON Btrt� wdva M MURN>ts ttiednlaetr awrati urea the em 4W euA1T "T" mmwKw AMNCY. Invilm waled bide for the abc w atahadl proActs. end"recehe suds bids in the arson os �e CiN Clerk Second 10o0r, 2000 tetrn HuniGethlOn 13epM Cann 938a6 up to the hour of see •0o A� on Jaq 2t, hi. sw�rl�ffb8 ou4ue1y opened n thepcoouncil Cxrembera unim othviofts pesmd� ire I-' 9 f �r�r of KAN Y�� and condOc4 m Beaahr�CA 92$4& u"_� �byy cc�dppppppgg _t,,2000 t14aln BboCd, 14 ir PPII... �iflreb n=r,, anted a+trmctdO�wnloadOd wah sae htp fAvww nwsunpbonbancrucayovi�o+rernmas+7ldepalunenc9fOubUc wOrkr 3l Api,ryyy oomracd entered into puriont to this nation will tncoripi to trio Xpro%ftiens 01 hie WAR l sbar Cade Puremill to inn proatslorm at the Leber Cade at pus 9181e Of Cellbmsa, 90 mnemxan prwwuhng rate of per dam wages br each cmt elasshl Hit or type of workmM Moons a the MadeW CCalmtbmm�wFfch � on Ihaa QiHee deftwArod a� DirreectX of WloK Wodo. 2000 tltatrt Street HurAaglon lil—I . CA QMa The AM40Y wpl deduct 5% rokerddon from all ptegnaee pwmrft The CantreoiG rare/ subsuuto an escrow 1 011dor surow at saps value to via Mention in aso0rdancp adh the apWM of rOR9i endassid 1 ie� o" r rael thera0r► CO per skDll to toenelipiet The AGENCY hereby aHlmrmtDwly enswas vial Mlaoft oust ell enterprises nra be aPoOrd` ad full opportunity to subm4 bids in mqxm t0 oft r>R o and will not be 0swirnffialod agslnet an the basis at Moo. color, rrtlftints origin. arimstry, sax, or relsaim in any ftnso erahori leads to fs award of oa►tirea, No bud steel be considered unim It at prepared an the approved p4?�I forms inooTM tonvan e, Isth the Insdnabicas to Bidders as fdelerndned by the At'aEt4N -'me bid must be eeeem gV a cerWied check,easthier's check or bdAer's band made �eyatde D0 pig AQ fix am0ur4 rp lass, t 101A of the arnourd t� fie successrW bippgr =l tb�aastsoeerasaCodD and shall a Sir pocandaa cCont c�"e License a At in the of the bad Bustrien and Ana 11 e M Cordraotor and his a4monVacturs will be required to possesa War ess lievne a kom the AGENCY. All witenson of and prim will be oUbjeet to vartiosttion by the AGENCY In caw of a vaAatbn betwocn the and pnbe and the aeermkin, the w4 rprriice will garem, Prolva n cif an a hag (1-i ovefty,consm pirlmariV of cold 1o0143trtten3 pxi�:ti9 1ARly Corers. and 1reft Fat owimantmwe of ppdestnpn OacCpe and rraaicle pert - mg evadabatir one side street narA be open at all tinim dung *"mane of cam crate its. tree ternoval, and dwrioi pn. • The oontreet shell allow the cOnvact r 50 t+orkag Boys M 40mptwo Ore contract • Thar angktear's eaprnato of protuEte oonslruchm oast for the work is M0.00M • ConV*c x must W&Aft hull aceeas in pkWc girsals to pariang cad wdeWkiins tram F6 day. O mber 9, 20t5 at 8 00 ern to MoMasr, 12, 20r5 e3 OW era for annual cow nwmty event. The AGENCY reserves go right to rekect any or al bids. to wme any irreigularkir and to Win all bids under advisam mi for a mownurn period of 60 dogs BY ORDER of the CITY ODUMM or the Cthy OF MMTMTON BEACH. CAUFORMA tam AW Clay of 8e0ambar 20946 by Reeahman k0. 2M4.6L Attest. _ CtO PuV*W The Hiarisgtas Beam Waf T Wow AN 2t IM848N UNSUCCESSFUL BIDS CC-1504 Residential Tree Petition Street Improvements City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 All American Asphalt P O Box 2229 Corona, CA 92878-2229 RE Residential Tree Petition Street Improvements—CC-1504 Enclosed please find your original bid bond for CC-1504 Sincerely, Joan L Flynn, CIVIC City Clerk J F pe Enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand I }�..v O y; 0 N � z O U � C7WW Vl W �o O O � ° z � O O h z W � � c 7 w O G� N N N 00 00 N w Q U �a z z wxo C W N N O 0 'r Lij 3 w Lij cc r t Y Wg cc mN �iF ��✓ �-�:�"�+ �v �xd i `' f _ r X� F nY �-w ,_^%rY:.w i S.^ �. ��: ?.t�, � `v-k�a.u['13�a���:.(•'�-��:�_^a r�`z'-�'`.�s�.E3�L�' �;'Rv�t,�i' T..� City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE for RESIDENTIAL TREE PETITION STREET IMPROVEMENTS CC No 1504 July 14, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1 Replace bid schedules C-2 1 to C-2 4 as the plant establishment and maintenance periods for trees and sod have been clarified The new bid schedules include a 14 day plant establishment and maintenance for sod In addition, the bid schedules include a 90 day plant establishment and a 1 year maintenance for trees This is to acknowledge receipt and review of Addendum Number One, dated July 14, 2015 -III AW7 f V i cGIYI A�l�a �t Company Name Date By !-JO r M Ison, Vice t—&idt rl t All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431 SECTION C PROPOSAL for the construction of RESIDENTIAL TREE PETITION STREET IMPROVEMENTS from ANGLER LANE AND PALISADE DRIVE CC No. 1504 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 perforni 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 pet form 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 undci signed agrees to complete the work within 50 working days, starting from the date of the Notice to Pioceed 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 entei 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 guai anty 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 AGF,NCY 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 ieadvertise the pioject in the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find Bid Bond in the amount of 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received BWdrrs jignature C-2 SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE BID ITEMS Item 0 3 �� �-� ,� Description 3 � '�"� r �� j 11anti _'� t3'3-� sfiUrilt '�'[�y Unxt" �(ist � � 3ji� _ ~-Total a �o (Esion) s 1 Mobilization 1 LS $ 0120U $ 16120o _ Construct Curb Access Ramp per Caltrans Std Plan A88A as 2 shown on Plan from BCR to ECR (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 4 EA $ Q O� ., $ l 1 �� „ domes, retaining curb, slot pave, etc) 3 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 400 $ r $ 30 OPO� (0 12') TN 4 Adjust Sewer Manhole to grade 4 EA $ 5LD0 r $ 1 A^4O — 5 Adjust Sewer Lateral Cleanout Manhole to grade 25 EA $ Z $ 6 Adjust Water Valve Cover to grade 3 EA $ 35� $ 7 Replace Water Meter Box Frame and Cover with City 27 $ 4(D0 $12-4ZD " furnished box and cover and to grade EA 8 Cold Mill 0 12' thick adjacent to side streets and transverse 4,100 SF �4 p $ I (D40 .. joins and taper to zero 9 Cold Mill 0 12' adjacent to curb and gutter section and taper to from 7' from 14,370 SF $ 604D $ 5 + A'9 " zero gutter edge Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed 2,135 LF $ 5� $ improvements 11 Remove and Reconstruct Sidewalk per HB Std Plan 207 $ ' $ C)D (W=4') Pull out all roots within proposed improvements 6,300 SF W Remove and Reconstruct Residential Driveway Approach Per 12 HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all rootsCt 3,900 SF $ within proposed improvements Remove and Reconstruct Residential Cross Gutter per HB 13 Std Plan 205 ("W" Per Plan) (Item includes any Onsite .- $ $ 2� I LO Blending, does not include curb and gutter) 1,320 SF Remove Existing Tree with Diameter 12" and smaller and 14 Grind Stump To 24" below grade Pull out all roots within $ 4 (DO- .. $ ' 4 proposed improvements 9 EA Remove Existing Tree with Diameter 13" and larger and Grind 15 Stump To 24" below grade Pull out all roots within proposed ' /i. Gf-�- $ "fUl/ �1 /l4 Oo .. $ T improvements 12 EA C-2.1 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE ry , '^""^" - a I,s Description s, ' �, -c li3t Quant "%tm iJnit _ E..i UnitCost Total Cost Nod a�aa ° �TXtension) Plant new 24 Gallon Tristama Laurina Standard Trunk Tree with Root Barrier per HB Std Plans 714, 716, & 718 including 16 Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top sod 29 EA $ tA (" $ 21 gwq — Clear and Grub existing landscape including tree roots 24" 17 below grade, replace with Class A top sod, and install dwarf fescue sod for each address lot (address lot includes shard 31 $ $ i "//�� o34- parkway frontage and both parkway frontages for corner lots) EA l Remove and Replace existing irrigation system for each 18 parkway per address lot (address lot includes shared parkway 16 'A� $ WA $ 10102.4 " frontage and both parkway frontages for corner lots ) EA 19 Provide 14 day plant establishment and maintenance for sod 1 $ U4— + ,�' ,�/� $ only LS 20 Provide 90 day plant establishment for Trees Only 1 LS $ 1� r $ 1 300 21 1 year landscape maintenance and guarantee for Trees Only 1 LS $ — 100 r $ 410D 22 Traffic Control per Specifications 1 LS $ II`1CD $12400 23 Remove and Replace Street Sign Assembly per HB Std Plan 2 _ $ LOCI $ 1 -3 r 401 EA SUB -TOTAL BID AMOUNT — SCHEDULE A $ ) $ Z t� (01 • 00 SUB-TOTAL•WORDS DC ■ . ►T ■ On S" Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE BID ITEMS item '4x' 1"t" I I �" " I V't - &Description - Q�"4r ''I tnito �" - TotaF'Co 4 MY, "'T .17 -7:41'a E Construct Curb Access Ramp per Caltrans Std Plan A88A as shown on Plan from BCR to ECR (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, 6 EA 2—cl $il M- retaining curb, slot pave, etc) 2 Install Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 355 (0 12') TN 3 Adjust Sewer Manhole to grade 4 EA• 0 r64 Adjust Sewer Lateral Cleanout Manhole to grade 18 EA ff Adjust Water Valve Cover to grade 7 EA Z;5cow�-- 1 6 Replace Water Meter Box Frame and Cover with City 22 A(Do- io I 20i- furnished box and cover and to grade EA 7 Cold Mill 0 12' thick adjacent to side streets and transverse O.AO $ 2 --t -2) 21 joins and taper to zero 6,830 SF 8 Cold Mill 0 12' adjacent to curb and gutter section and taper to 12,500 $0-40 $ 1500DI zero from 7' from gutter edge SF 9 Surface grind existing pavement 0 12' thick 420 SF $ $ 1�40 I Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed $ (D500 improvements 1,260 LF Remove and Reconstruct Curb and Gutter per HB std Plan 202 (CF=8") (Item includes lot drain, Slot Pavement, 11 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed 350 $ $ improvements LF 12 Remove and Reconstruct Sidewalk per HB Std Plan 207 Pull 4,050 SF Lo $ Z-A 50C) - (W=4') out all roots within proposed improvements Remove and Reconstruct Residential Driveway Approach Per 13 HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all roots $ 00 within proposed improvements 3,000 SF Remove and Reconstruct Residential Cross Gutter per HB 14 Std Plan 205 ("W" Per Plan) (Item includes any Onsite $ Blending, does not include curb and gutter) 790 SF Remove Existing Tree with Diameter 12" and smaller and 16 Grind Stump To 24" below grade Pull out all roots within $ C) $ proposed improvements 13 EA C-2.3 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE item Descri tion � ru utity Unit Unit Cost TO Cow,,, 0. qp (Extension) Remove Existing Tree with Diameter 13" and larger and Grind 16 Stump To 24" below grade Pull out all roots within proposed 5 $ 1-1��w $�JW improvements EA Plant new 24 Gallon Tnstania Laurma Standard Trunk Tree or King Palm with Root Barrier per HB Std Plans 714, 716 & 718 17 including Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil 21 EA _ $ �� $ Clear and Grub existing landscape including tree roots 24" 18 below grade, replace with Class A top sod, and install dwarf fescue sod for each address lot (address lot includes shard parkway frontage and both parkway frontages for corner lots) 19 EA �" $ lU 1 3 — $ Remove and Replace existing irrigation system for each 19 parkway per address lot (address lot includes shared parkway frontage 16 "� .. _ $ $ and both parkway frontages for corner lots) EA lVW 20 Provide 14 day plant establishment and maintenance for sod 1 _ $ �� ffw $ p _ only LS l 21 Provide 90 day plant establishment for Trees Only 1 LS $ t 30() $ t 3Oo -1 22 1 year landscape maintenance and guarantee for Trees Only 1 LS $ , 23 Traffic Control per Specifications 1 LS $ - l 5 O $ 24 Remove and Replace Traffic Striping in kind 1 LS WD 03 ^ $ UD O D Ali 25 Remove and Replace Street Sign Assembly per HB Std Plan401 3 $ LDLo $ iq 90 " EA SUB -TOTAL BID AMOUNT — SCHEDULE B $ Z% 6 SUB -TOTAL BID AMOUNT IN WORDS Note All extensions of unit prices will be subject to verification by Owner In case verification Is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid Items C-2.4 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE TOTALS TREE PETITION STREET IMROVEMENTS, CC 1504 Sub -Total Bid Schedule A 00 Sub -Total Bid Schedule B TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A&B) W.0% 461 00 TOTAL BID AMOUNT IN WORDS Six It)Nneo SIXTY etawY "C Os"p f--ogn F�v DU U.A^2.S A140 t4 i) CANTS Notes All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.5 LIST OF SUBCONTRACTORS In accordance with Govenunent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bad Name andAddress of Subcontractor State Class Dollar % of Item(s) License Number Amount Contract 7D- A iwEo. b X AT0 1,"OSGA P1 W(A DI R 44 10006000 UP 6$'s 5D " 11I. 2 Y. k}'zz IW N i A 1 N V A Lsy CA Kr'V.P+ V � 'C1ZEE 56ayiLe 14ik5 '10,o.6 15 Uf 012ArJC-1vl�' ,GP, p1¢:lD00001Q3r,, 1o5y5blo G2-4 1331 5.0A7. 0.p, StFtPIt46►1N 715 ?A 25 ORPcNtAf_ , CA 0 06541 01-c(n By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOL LUSION AEEIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is ti ue and correct and that this declaration is executed on�I at Corona SA Dat cnty State Edward .1_ Carl-mn , being first duly sworn, deposes and says that lie or she is Vice President of A9ll American A-,phalt the party making the lotegoing bid that the bid is not madc in the interest of, or on the behalf of, any undisclosed pet son. 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 biddei to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyonc 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 a(yieement, communication, or conference with anyone to fix the bid price, or that of any other bidder, of 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 tiue, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown theieot, of 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 of agent thereof to effectuate a collusive or sham bid All American Asphalt Name of Bidder _Edward J Carlson, Vice President Signature of dtdder P O Box 2229 Corona CA 92878 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracv or validitv of that document State of California County of Riverside On 7/08/2015 before me, Rebecca Angela PmTa, Notary Public Dale Here Insert name and Title of the Officer personally appeared Edward J Carlson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/slaeAhey executed the same in his/heAhe+F authorized capacity(res), and that by his/#er/i#aeiF REBECCA ANGELA PARRA r signature(s) on the instrument the person(s), or the entity upon behalf 'f Commission 4t 2024944 t of which the person(s) acted, executed the instrument rr Notary Public - California z Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of My Comm Expires May 17, 2017 California that the forgoing paragraph is true and correct WITNESS my h n fficial seal Signature Place Notary Seal Above SignatureNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Non Collusion Affidavit Document Date 7/08/2015 Number of Pages One (1) Signer(s) Other Than Named Above None Capacity(me) Claimed by Signer(s) Signer's Name Edward J Carlson Signer's Name ❑ Individual ❑ Individual X Corporate Officer — Title(s) Vice President ❑ Corporate Officer — Title(s) ❑ Partner 11 ❑ Limited ❑ General ❑ Partner D ❑ Limited ❑ General RIGHT THUMBPRINT THUMBPRINT ❑ Attorney in Fact ;OF ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing 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 RESIDENTIAL TREE PETITION STREET IMPROVEMENTS , (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8 California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date C-5 All American Asphalt Contractor By • Vivive e mvi rOT-3- e Evil DISQUALIFICATION QUESTIONNAIRE In accordance with Govenunent Code Section 10162, the Bidder shall complete. under penalty of penury, the following questionnaire QUESTIONNAIRE Has the Biddei, any officei of the Bidder or any employee of the Bidder who has a proprietary inteiest in the Bidder eves 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 regulation9 ff ❑ Yes 9No If the answer is yes. explain the circumstances in the space provided Note This questionmaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date -TL5 tl� C-7 All American Aspahlt Contractor By Edward J Carlson, Vice President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct All American Asphalt B tdder Name _ 400 East Sixth Street Business Address (`nrnnn CA 92878 City, State Zip (951 ) 736-7600 Telephone Number 26=2 State Contractor's License No and Class 1 /19/71 Original Date Issued 1131 /2f116 Expiration Date The wotk site was uispected by Jim McGee of our office on July 15th , 2015 The following aie persons, firms, and corporations having a principal interest in this proposal Mark Luer. President Edward J Carlson, Vice President The undersigned is prepaied 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 All American Asphalt C Signature ABidder Edward J Carlson, Vice President Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC-k-f:�,eC G: og \t�, NOTARY SEAL G8 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Riverside REBECCA ANGELA PARRA Commission # 2024944 rP� Notary Public - California z Riverside County Comm Expires Ma 17, P017 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 8th day of July, 2015, Date Month By (1) Edward J Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me ( ) (,) i PFeved to me 9R the basis of satisfaisteFy evideRGe be the pemen who appe—ed Signature Signatur o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date None Number of Pages 1 Signer(s) Other Than Named Above None Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically ieferencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer hue installation of at least of 1,000 of 8-inch and Greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high Ground water and pipeline construction in high ground water regions with trench depths of 8-teet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years City of Beverly Hills 455 N Rexford Drive Beverly Hills CA 90210 Name and Address of Public Agency Name and Telephone No of Project Manager Mark C ueno,(310) 285-9557 $2 970 000 00 Street Resurfacing 5/2014 Conti act Amount Type of Work Date Completed Provide additional pioject description to show similar work 2012-2013 Street Resurfacing 2 City of Laauna Hills Name and Address of Public Agency Name and Telephone No of Project Manager Kenneth Rosenfield, (949) 707-2650 $1,778,169 Pavement Rehabilitation 0/2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work C'jtvwidP Pgvpmpnt Rehahilitation City of Hungtington Beach Name and Address of Public Agency Name and Telephone No of Project Manager flavor Verona (714) 375-8471 $1 926,341 00 Avenue Improvements 2/30/2011— Contract Amount Type of Work Date Completed Provide additional project description to show similar work Slater Avenue Improvements C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent Fot each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein Jim McGee, Project Manager Name of proposed Project Manager Telephone No of proposed Project Manager �c)51) 736-7600 _ Please see attached Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Rick Sel Name of proposed Superintendent Telephone No of proposed Superintendent (951) 736-7600 Please see attached Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-10 Date Completed Date Completed "2014" PAST WORK REFERENCES City of Fullerton 303 W Commonwealth Ave Fullerton, CA 92832 Contract Kevin Kwak, (714) 738-6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N Rexford Drive Beverly Hills, CA 90210 Contact Mark Cueno, (310) 285-2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact Kurt Weimann, (714) 647-5639 Yorba Linda Blvd Reconstruction Contract Amount $1,346,000 00 Start 7/2014 Completed 11 /2014 2013 Roadway Maintenance and Slurry Contract Amount $992,000 00 Start 6/2014 Completed 10/2014 2012-2013 Street Resurfacing Contract Amount $2,970,000 Start 7/2013 Completed 5/2014 2012-13 Pavement Rehabilitation Contract Amount $970,000 Start 5/2013 Completed 12/2013 Bristol Street Rehabilitation Contract Amount $6,951,475 Start 3/2013 Completed 12/2014 " 2013" PAS f WORK REFERENCES Department of Transportation 3521 V, University Dr Irvine CA 92612 Contract Dat Pham, (949) 279-8586 City of Santa Clarity 23920 Valencia Blvd Santa Clanta CA 91355 Contact Bill Whitlatch, (661) 259-2489 LACDPW 900 S 1 remont Ave Alhambra, CA 91803 Contact Hector Hernandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave , B-6 Riverside, CA 92507 Contact Michael Chen, (951) 830-6017 Route 74, Contract No. 12-OL6404 Contract Amount $1,134,057 Start. 7/2012 Completed 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount $5,995,000 Star( 9/2012 Completed 5/2013 Seventh Avenue Contract Amount $2,077,000 Start 9/2012 Completed 12/2013 Route 74, Contract No 08-OP9504 Contract Amount, $3,450,622 Start 6/2012 Completed 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El 1 oro Rd Contract Amount $1.778,169 Laguna HMIs, CA 92653 Start 8/2012 Contact. Kenneth Rosenfeld, (949) 707-2650 Completed 9/2013 Countv of Riverside Transportation 3525 14" St Riverside, CA 92501 Contact Trai Nguyen, (95 l) 961-5363 City of Azusa 213 E Foothill Blvd Azusa, CA 91702 Christina Curiel, (626) 812-5254 Gilman Springs Road Contract Amount $1.695,108 Start 7/2013 Completed 9/2013 Pavement Management Improvements Contract Amount 5980,000 Start 5/17/12 Completed 1 / 19/ 13 "2012„ PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa. Mesa, CA 92628 Contact Thomas Banks, (714) 754-5222 City of Pems 170 Wilkerson Avenue, Ste D Pems, CA 92570 Contact Chris Sunde , (951) 943-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact Matt Sinacon, (949) 248-3574 City of Long Beach 333 W Ocean Blvd, 10`h Floor Long Beach, CA 90802 Contact Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact AIex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount $2,800,000 00 Start 6/I/2011 Completed 4/30/2012 2010-20I 1 Citywide Street Rehabilitation Contract Amount $2,778,000 00 Start 7/1/2011 Completed 2/29/2012 Foss Field Parking Expansion Contract Amount S190,00000 Start 1/1/2012 Completed 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount $676,676 00 Start 12/l/2011 Completed, 5/30/2012 Willow Street Improvements Contract Amount S661,661 00 Start 12/1/20I1 Completed 6/30/2012 Bristol Street Widening Contract Amount $8,3I5,754 00 Start 5/1/2009 Completed 3/16/2012 Edinger Avenue Improvements Contract Amount $422,422 00 Start 5/ 1, 2012 Completed 8/[/2012 "20I1" PAST WORK REFERENCES City of Compton 205 South Willowbrook Avenue Compton, CA 90220 Contact: Loujuana Mitchell, (310) 76I-1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contact: Franklin Luna, (909) 387-7920 County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: David Hylkema, (951) 850-6075 City of Stanton 7800 Katella Avenue Stanton, CA 90680-3162 Contact: Quang Le, (714) 890-4234 City of Long Beach 333 West Ocean Blvd., 10" FIoor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Paramount 16400 Colorado Boulevard Paramount, CA 90723-5012 Contact: Len Gorecki, (562) 220-2111 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone, (714) 375-8471 Department of Transportation 464 W Fourth Street San Bernardino, CA 92410-1400 Contact: [mad Abugharbieh, (951) 277-8579 Northwood Avenue Reconstruction Contract Amount. $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. Contract Amount: $565,000.00 Start: 3/ l 1 /2011 Completed: 4/8/2011 De Luz Road Rehabilitation Contract Amount: $740,000.00 Start: 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/1/20I 1 Completed: 4/30/201 I Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/l/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909 00 Start: 11 /1/2010 Completed: 3/30/2011 Slater Avenue Improvements Contract Amount: $1,926,341 00 Start: 8/2/2010 Completed: 2/30/2011 Route 91 Project Contract Amount- 55,732,812.00 Start: 3/ 1 /2010 Completed. 3/30i2011 "2010" PAST WORK REFERENCES City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Chino 13220 Central Avenue Chino, CA 91790 Contact: Emam Naghmeh, (909) 464-8367 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 Contact: Thomas Banks, (714) 754-5222 Segerstrom Avenue Rehabilitation Contract Amount: $2,094,618.00 Start: 1112009 Completed: 3/30/2010 Street Rehabilitation Project FY 08/09 Contract Amount: $2,127,501.00 Start- 11/2009 Completed: 5/31/2010 Rehabilitation of Vanguard Way Contract Amount: $517,646.00 Start: 12/2009 Completed: 2/30/2010 City of Westminster City-wide Overlay 09-10 St. Improvement Project 8200 Westminster Boulevard Contract Amount: $1,171,416.00 Westminster, CA 92683 Start: 2/l/2010 Contact: Tuan Pham, (714) 898-3311 ext. 209 Completed: 5/30/2010 City of Paramount 16400 Colorado Avenue Paramount, CA 90723-5012 Contact: Ed Cox, (562) 908-6205 City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703-3130 Contact: Rash Syed, (562) 916-1221 City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Contact: Sean Ramsey, (714) 765-5059 City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Contact: (714) 741-5130 Resurfacing in Rosecrans Avenue Contract Amount: $572,209 00 Start: 10/1/2009 Completed: 5/30/2010 Bloomfield Avenue Improvements Contract Amount: $1,103,000.00 Start: 3/1/2010 Completed: 6/20/2010 Magnolia Avenue Street Improvements Contract Amount: $868,000 00 Start: 4/ 1/2010 Completed: 7/20/2010 Harbor Boulevard Street Rehabilitation Contract Amount: $919,000 00 Start: 3/1 /2010 Completed: 6/30/2010 "2009" PAST WORK REFERENCES City of Costa Mesa 77 Fair Drive P O Boa 1200 Costa Mesa, CA 92628-1200 Contact Tom Banks, (714) 536-5431 City of Dana Point 33282 Golden Lantern Dana Point, CA 92628 Contact Archie Rempher, (949) 248-3500 City of Beverly Hill% 345 Foothill Road Beverly Hills, CA 90210 Contact Juan Martinez, (310) 285-2521 C ounty of San Bernardino 825 Cast Thud Street San Bernardino, CA 92415-0835 Contact Sri Sringan, (909)387-7435 City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Contact Javier Unsta, (3 l0) 3 l 8-0661 City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact Roxanne Hughes, (805) 653-6597 Department of Transportation 12975 Culver Blvd I,o% Angeles, CA 90066 Contact Sixto Ramin, (213) 216-4406 City of Rialto 150 South Palm Avenue Rialto, CA 92376 Contact Eddie Chan, (909) 820-2651 Prop 1 B Street Maintenance Contract Amount: $993,993 00 Stan 7/2009 On -going — not completed yet Annual Roadway Resurfacing Project Contract Amount $3,982,982 00 Start 4/2009 On -going — not completed yet 2008-09 Street Resurfacing Contract Amount $4,085,000 00 Stait 1/2009 Completed 8/2009 Artow Route Contract Amount $1,980,000 00 Start- 2/2009 Completed 7/2009 Public Improvement Package Contract Amount $1,678.000 00 Start 1 /2009 Completed 9/2009 Joint Cities Pavement Rehab Project Contract Amount $1,242,241 11 Start 6/2009 Completed 9/2009 Route 27, Contract No 07-2Y4904 Contract Arnount $915,51 1 00 Stait 6/2009 Completed, 9/2009 Route 210 Detour Contract Amount $1,983,548 00 Start 6/2009 Completed 9/2009 "2008" PAST WORK REFERENCES City of Irvine One Civic Center Plaza P 0 Box 19575 Irvine, CA 92606-5268 Contract Kal Lambaz, (949) 724-7555 City of Anaheim 200 South Anaheim Blvd Anaheim, CA 92805 Contact Sean Razmy, (714) 765-5069 City, of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 Contact Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount $3,445.289 40 Start 1 /2008 Completed 6/2008 Anaheim Blvd Improvements Contract Amount $278.391 00 Start 4/2008 Completed 6/2008 Superior Avenue Improvements Contract Amount, $862,862 00 Start 1/2008 Completed 6/2008 Citv of Westminster Citywide Street Improvements 8200 Westminster Blvd Contract Amount $1.1 18,383 00 Westminster, CA 92683 Start 3/2008 Contact Theresa Tran, (714) 898-331 1 Lxt 282 Completed 7/2008 Citv of lake Forest 25550 Cominercentre Drive Suite 100 Lake Forest, CA 92630 Contact Luis Estevez, (949) 461-3485 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact Fd Iories (714) 647-5018 Street Resurfacing & Slurry Seal Contract Amount $ l ,638.523 00 Start 2/2008 Completed 4/2008 Santa Clara Avenue Improvements ContraU Amount $2 219,523 00 Start 1 1 /2007 Completed 3/2008 "200 PAST WORK REFERENCES City of Westminster Citywide Street Improvements 8200 Westminster Boulevard Contract Amount $1,085,000 00 Westminster, CA 92683 Start 11 /2006 Contact Theresa I ran, (714) 898-3311 Ext 282 Completed 6/2007 City of Irvine P 0 Box 19575 One Civic Center Plaza Iivine. CA 92606-5208 Contact Uyenly But. (949) 724-7559 City of Anaheim 200 S \naheirn Boulevard Anaheim, CA 92805 Contact Robert Luciano. (714) 765-5286 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente. CA 92376 Contact Gary Voborsky, (949) 361-6132 City of Ncvwport Beach 3>00 Newport Boulevard Ne�tiport Beach, CA 92658 Contact Andy Tran, (7l4) 644-331 1 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Karim Varshochi, (714) 412-2722 Cith of i ustin 300 Centennial Way I ustin, CA 92630 Contact Benny Tenkean, (714) 573-3161 Jeronimo Road Contract Amount, $649,000 00 Start 3/2007 Completed 5/2007 Weir Canyon Contract Amount $795.000 00 Start 3/2007 Completed 6/2007 North El Camino Real Contract Amount $1.400,000 00 Start 4/2007 Completed 6/2007 Citywide Street Improvements Contract Amount- $1,392,000 00 Start 1/2007 Completed 5/2007 Seal Beach Boulevard Contract Amount $930,647 00 Start 12/2006 Completed: 4/2007 Jamboree & Tustin Ranch Road Contrae t Amount. $2,700,000 00 Start, 11/2006 Completed 4/2007 "2006" PAST WORK REFERENCES City of Pomona Pomona Blvd Street Rehabilitation 505 So Garey Avenue Contract Amount $1,736.308 00 Pomona. CA 91767 Completed 3/30/2006 Contact Hong Wang, (909) 620-3783 Start l/l/2006 City of Hawaiian Gardens Carson Street Resurfacing; ' 1815 Pioneer Blvd Contract Amount. $695.000 00 Hawaiian Gardens, CA 91706 Completed 2/30/2006 Contact Steve Steinbrechet, (562) 420-2641 Start 10/1 /2005 City of Ncwport Beach famborce Road Improvements 3300 Newport Blvd Contract Amount $1.061,061 00 Newport Beach, CA 92658 Completed 8/30/2006 Contact Mark Puglist, (949) 644-3331 Start 6/2006 City of Dana Point Coast Highway 33282 Golden Lantern Contract Amount $1,977,977 00 Dana Point, CA 92629 Completed 6/30/2006 Contact Matt Stnacort, (949) 248-3574 Start 3/2006 City of Santa Ana Main Street Improvements 20 Civic Center Plaza Contract Amount $1,333,333 00 Santa Ana, CA 92701 Completed 6/23/2006 Contact Michel Girgis, (714) 647-5052 Start I0/2005 City of Seal Beach Ocean Avenue Improvements 211 highth Street Contract Amount $2,032,032 00 Seal Beach, CA Completed 11/2006 C ontract Sean Crumb,,, (562) 431-2527 Start 8/2006 City of Tustin Tustin Ranch Road 300 Centennial Way Contract Amount $993,99 3 00 Tustin, CA 92630 Completed 8/2006 Contact Benny Tenkean, (714) 573-3161 Start 5/l/2006 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public, works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SIIEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link - Call (844) 522-6734 https //efiling du ca gov/P-WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date Date -- 11�- C-11 All American Asphalt Contractor By LigWo Fidelity and Deposit Company of Maryland gmi� Home Office P O Box 1227 Baltimore MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS That we, ALL AMERICAN ASPHALT BOND NO 085 97 423 , as Principal, (hereinafter called the "Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P O Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for Residential Tree Petition Street Improvements at Angler Lane and Palisade Drive CC No 1504 Bid Date July 21, 2015 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed sealed this �th day of July A D 2015 ALL AMERICAN ASPHALT (SEAL) incipal dxf,�A' 4" 1,Waness — r . e4r lron� V ! GF I r«! 0b Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) (SEAL) Rebecca Haas -Bates Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracv or validitv of that document State of California County of Riverside On 7/08/2015 before me, Rebecca Angela Pam, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J Carlson 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/sheAhey executed the same in his/kier/tl�e+r authorized capaclty(tes), and that by his/#ier/t#eir REBECCA ANGELA PARKA signature(s) on the Instrument the person(s), or the entity upon behalf f w Commission 2024944 of which the person(s) acted, executed the Instrument z P_ Notary Public - California z Riverside County ' I certify under PENALTY OF PERJURY under the laws of the State of kiy Comm Expires May 17 2017 California that the forgoing paragraph is true and correct WITNESS my hand -an fficial seal Signature 7 Place Notary Seal Above Sig atur o otary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Bid Bond Document Date 7/06/2015 Number of Pages One (1) Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(lies) Claimed by Signer(s) Signer's Name Edward J Carlson ❑ Individual X Corporate Officer — Title(s) Vice President ❑ Partner ❑ ❑ Limited ❑ General M. ❑ Attorney in Fact o ❑ Trustee Top of thumb he ❑ Other Signer is Representing Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other Signer is Representing CALIFORNAA URPOSE .ArACKNOWLEDGMENT LcNq .A .A A .A _A 2 A .A .T�. fad ,.T C. \ .A�• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of Orange } On 07/06/2015 Date before me, R Paramo, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name(6-. is/ai�e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in htslher/ttW authorized capacity(iL- , , and that by 1-*her/thw signatureZb*on the instrument the person(s),, or the entity upon behalf of which the personK acted, executed the instrument R PARAMO Commission 8 2035890 a -e Notary Public - Calitorma a Z Orange County My Comm Expires Ago 5, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true�andfcorrec TNESS my ha n n officia eal Sign Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section rs optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Bid Bond Document Date 07/06/2015 Number of Pages One l Signer's) Other Than Named Above All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name Rebecca Haas -Bates ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual 2 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Fidelity and Deposit Company of Maryland Signer's Name ❑ Corporate Officer — Title(s). ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ai4'ei4`::�:4'a14�!4'✓4'✓4\:�4� '✓<'=/4`- <'ei4'✓✓A✓.4'✓4�.4'.�s4�a� ,iiA✓..4'✓4��!4\ �4V4�� '.v ✓4'e/.C:4 ✓�iAa �✓4�'✓✓4'✓4�ySC�1'✓ '✓ ✓may.' EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-m-Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto, and may with or without cause modify of revoke any such appointment or authority at any time " CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsirmle under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990 RESOLVED "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thisla� day of Z. t-� , 2005 p stla\Opy 58AL �F ~N.w.*iN�' X vz�� Geoffrey Delisio, Vice President City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 19, 2015 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE Residential Tree Petition Street Improvements—CC-1504 Enclosed please find your original bid bond for CC-1504 Sincerely, Joan L Flynn, CIVIC City Clerk JF pe enclosure Sister Cities Anjo, Japan ♦ Waitakere, New Zealand CD CS a 7rE'` Ss :b 6i'v f � TV Slaz City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 for RESIDENTIAL TREE PETITION STREET IMPROVEMENTS CC No 1504 July 14, 2015 Notice To All Bidders Please note the following clanfication to the Project Plans, Specifications, and Special Provisions 1 Replace bid schedules C-2 1 to C-2 4 as the plant establishment and maintenance periods for trees and sod have been clarified The new bid schedules include a 14 day plant establishment and maintenance for sod In addition, the bid schedules include a 90 day plant establishment and a 1 year maintenance for trees This is to acknowledge receipt and -review of Addendum Number One, dated July 14, 2015 Company Name By 6R0 PRESIDENT JUL 21 2015 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431 for the construction of RESIDENTIAL TREE PETITION STREET IMPROVEMENTS from ANGLER LANE AND PALISADE DRIVE CC No. 1504 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 50 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 tune 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 bo,a.u/'S b-pal in the amount "TEN PERCENT OFAMMOSMount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any. Addenda No. Date Recerved Bidder's Si nature i G2 P. MOWN '°ESiDENT SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE BID ITEMS nt ri 6YR7 mUWuniVC604' i�' -4p l-, 4%1 Noelik I Mobilization 1 LS $ Construct Curb Access Ramp per Caltrans Std Plan A88A as 40P 2 shown on Plan from BCR to ECR (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, $ $ domes, retaining curb, slot pave, etc) 4 EA —+42t 3 Install Type III C3-PG-64-1 O-RAP Asphalt Concrete Overlay '7 LO $ (012') 400 TN $ $ 1q0Q- 4 Adjust Sewer Manhole to grade 4 EA 5 Adjust Sewer Lateral Cleanout Manhole to grade 25 EA $ $ 6 Adjust Water Valve Cover to grade 3 EA $ 7 Replace Water Meter Box Frame and Cover with City 27 $ 15 $ 13 S1 furnished box and cover and to grade EA 8 Cold Mill 0 12' thick adjacent to side streets and transverse 4,100 SF $ $ 12-11 joins and taper to zero 9 Cold Mill 0 12' adjacent to curb and gutter section and taper to $ 0.31 $ q q 5q-1 zero from 7'from gutter edge 14,370 SF Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots "thin proposed $ q.Sp $ l03Sq7.*� improvements 2,135 LF 11 Remove and Reconstruct Sidewalk per HB Std Plan 207 #3 $ -1 too- (W--4') Pull out all roots within proposed improvements 6,300 SF Remove and Reconstruct Residential Driveway Approach Per HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite 12 Blending, does not include curb and gutter) Pull out all roots 3,900 $ (.010 $ within proposed improvements SF Remove and Reconstruct Residential Cross Gutter per HB 13 Std Plan 205 ('W' Per Plan) (Item includes any Onsite $ 1(0 --70 $ 2 Blending, does not include curb and gutter) 1,320 SF Remove Existing Tree with Diameter 12" and smaller and 14 Grind Stump To 24" below grade Pull out all roots "thin — $ UO $ IUD proposed improvements 9 EA Remove Existing Tree with Diameter 13" and larger and Grind 15 Stump To 24" below grade Pull out all roots within proposed 12 $ improvements EA C-2.1 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE A PROJECT NAME, CC-1504 ANGLER LANE Item 'Um' �'U _Dekriptierh Uffit'­ A' l olN Plant new 24 Gallon Tnstania Launna Standard Trunk Tree with Root Barrier per HB Std Plans 714, 716, & 718 including 16 Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A 29 $ top soil - EA Clear and Grub existing landscape including tree roots 24" 17 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot (address lot includes shard 1106- 3400- parkway frontage and both parkway frontages for comer lots) 31 EA $ $ Remove and Replace existing irrigation system for each 18 parkway per address lot (address lot includes shared parkway frontage and both parkway frontages for corner lots ) 16 EA $ -180— $ 19 Provide 14 day plant establishment and maintenance for sod -760- $ 700- only LS $ 20 Provide 90 day plant establishment for Trees Only 1 LS $_LqV&.:1 $ -LqYQ 21 1 year landscape maintenance and guarantee for Trees Only LS $ Lki DO $ L00 - 22 Traffic Control per Specifications LS -1 $ ispo $ 23 Remove and Replace Street Sign Assembly per HB Std Plan 401 2 $ 50 $ 1 COD EA 1 �0116r- 'Zo SUB -TOTAL BID AMOUNT — SCHEDULE A $ SUB -TOTAL BID AMOUNT IN WORDS A — 'tkallr a4-tr Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.2 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE BED ITEMS , 1 D 'P' on e'scr! 1 - ! ', ','A Q uiintityk;'�,,UnitS�,--�UnitC-ore X" gi!���l, fi �-�,Tfi okw ftl!,C-os A— 1 fti " Ne xtens ke�17Y ul"" min Construct Curb Access Ramp per Caltrans Std Plan A88A as I shown on Plan from BCR to ECR (item includes all appurtenances, curb & gutter, depressed curb, sidewalk, 6 $ 11 $ domes, retaining curb, slot pave, etc) EA 2 Install Type III C3-PG-64-1 O-RAP Asphalt Concrete Overlay 12') 355 $ $ (0 TN L.,Y- 3 Adjust Sewer Manhole to grade 4 EA $ $ —Lq 0 —0- 4 Adjust Sewer Lateral Cleanout Manhole to grade 18 EA $ $ 5 Adjust Water Valve Cover to grade 7 EA $ $ _ZL 6 Replace Water Meter Box Frame and Cover with City furnished box to 22 $ Yb $ and cover and grade EA 7 Cold Mill 0 12' thick adjacent to side streets and transverse taper to 6,830 $ $ Ll 11-3D joins and zero SF —6'3 —I 8 Cold Mill 0 12' adjacent to curb and gutter section and taper to from 7' from 12,500 $0.31 $ zero gutter edge SF 9 Surface grind existing pavement 0 12' thick 420 SF $ Remove and Reconstruct Curb and Gutter per HB Std Plan 202 (CF=6") (Item includes lot drain, Slot Pavement, 10 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed 1,260 $ $ -NO improvements LF Remove and Reconstruct Curb and Gutter per HB std Plan 202 (CF=8") (Item includes lot drain, Slot Pavement, 11 Aggregate Base, residential driveway curb and gutter, and paint address ) Pull out all roots within proposed 350 $ 44J $ ''DO improvements LF 12 Remove and Reconstruct Sidewalk per HB Std Plan 207 4,050 $ LP $ (W--4') Pull out all roots within proposed improvements SF Remove and Reconstruct Residential Driveway Approach Per 13 HB Std Plan 209 ("W" Per Plan) (Item includes any Onsite Blending, does not include curb and gutter) Pull out all roots 3,000 $ IV -7D $ 2eO within proposed improvements SF Remove and Reconstruct Residential Cross Gutter per HB 14 Std Plan 205 ("W" Per Plan) (Item includes any Onsite $ 0— $ OZ Blending, does not include curb and gutter) 790 SF Remove Existing Tree with Diameter 12" and smaller and 15 Grind Stump To 24" below grade Pull out all roots within O $ proposed improvements 13 EA $ Vy C-2.3 (Addendum No. 1) SECTION C PROJECT BID SCHEDULE B PROJECT NAME, CC 1504 PALISADE DRIVE t Qua _Wtb .04 Sxt� it 16 Remove Existing Tree with Diameter 13" and larger and Grind Stump To 24" below grade Pull out all roots within proposed 4000 5 EA $ improvements Plant new 24 Gallon Tristania Laurina Standard Trunk Tree or King Palm with Root Barrier per HB Std Plans 714, 716 & 718 17 including Arbor -Gard or approved equal at base Includes excavating 4' by 4' by 4' hole centered at new tree location 21 EA $ �D 0 $ M00— and replace with Class A top soil Clear and Grub existing landscape including tree roots 24" 18 below grade, replace with Class A top soil, and install dwarf fescue sod for each address lot (address lot includes shard for lots) 19 EA $ 110- parkway frontage and both parkway frontages corner Remove and Replace existing irrigation system for each 119 parkway per address lot (address lot includes shared parkway$ frontages for lots 16 EA $ It 200 frontage and both parkway corner ) 20 Provide 14 day plant establishment and maintenance for sod —100— $ $ only 1 211 Provide 90 day plant establishment for Trees Only 1 LS $_L400­ $ q0D 0- 22 1 year landscape maintenance and guarantee for Trees Only 1 LS $ 4340 - $ Ll 96D 23 Traffic Control per Specifications 1 LS $ 14�6_ $ 14 &1 24 Remove and Replace Traffic Striping in kind 1 LS $ NOD- $ )920 25 Remove and Replace Street Sign Assembly per HB Std Plan $ $ 401 3 EA SUB -TOTAL BID AMOUNT — SCHEDULE B $ SUB -TOTAL BID AMOUNT IN WORDS tIV6 klvAdird oo*11�w fiAr- 4-wa-4,nce riv.? Note All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.4 (Addendum No. 1) SECTION C f PROJECT BID SCHEDULE TOTALS TREE PETITION STREET INIROVEMENTS, CC 1504 Sub -Total Bid Schedule A `f d q qo - ZZ) Sub -Total Bid Schedule B 1A4 625'- TOTAL BID AMOUNT, BASIS OF AWARD (Schedules A&B) U%qw p TOTAL BID AMOUNT IN WORDS E A I9�2o� h/rI.Q r flog �— Notes, All extensions of unit prices will be subject to verification by Owner In case verification is required between the unit price and the extension, the unit price will govern The Owner reserves the right to reject any or all proposals and bid items C-2.5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. qh'�.( 1 S�hcd i s2 Bid Item(s) Name andAddress of Subcontractor State License ,Number 'Class Dolki Amount % of Contract -13 ►,lo-1`� AM 13176 Tel�aIr �Ive ggtop, o G(3 I S0000 — Zrio topae •¢ all n4ar jeA- ql3qZ �s.,� i sSl n�• Amt" r J7--• �7/i���% 002. 1�J GZ7 w , 3 • s Orpn P, r/4' O 1'1-LL' pq2O IgI$2 ��,l�c�.-c�S4- n-hi r �D6rZZ CZ,� ta�000— 1�f•S" By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 - NONCOLLUSION AFFIDAVIT O BE EXECUTED BY BIDDER AN1 SUBMITTED 1 I declare under penalty of perjury under the laws of the State o%,aliforma that the foregoing is true and correct and that this declaration is executed on,,,, 9,1 `� atLONG BEACH , -C&LIFORNIA Svbate City State C.P. MOWN , b ' worn, deposes and says that he or she is PRESIDENT of MANIA anamolhow the party making the foregoing bid that the bid is not made e 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 C.P. BFiOwrq P ESl7)ENi Signature of Bidder 2230 LEMON AVENUE LCNG BEACH, CA 90806 Address of Bidder C-4 CALIFORNIA ALL-PUi POM ACKNOWL,EMMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On II II cI i Inn; before me, C. Phillips, Notary Public , a y ' Date Here Insert Name and Title of the Officer personally appeared C. P. Brown Names) of Signer(s) who proved to me on the basis of satisfactory evidence- to be the person(s) whose name(s) is/4w subscribed to the within instrument and acknowledged to me that heJy executed the same in his;ALvjftj& authorized capacity(ies), and that by hisAwR ttMr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =Notary PS 96177 alifornia a COUNTYOct 29, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature P" l,'gn6q of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capaclity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Titles): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator n Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Titles): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Eugene Iwo MR11311 -go BE son RUN on on me up"Nue noun Banana 11111909il HIM= mono 02014 National Notary Association • www.NabonaiNotwy.org • 1-800-US NOTARY (1-800-876-6827) Rom #5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RESIDENTIAL TREE PETITION STREET IMPROVEMENTS , (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 JUL 21 2015 Date Contractor Cj It w 4A By C. P. BROWN, PRES10ENT Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes W/No If the answer is yes, explain the circumstances in the space provided. 0 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date: JUL 21 2015 C-7 EM PWNG Contractor C-1 • N� By C. P4 BROWN, RRES1DENT Title BIDDER certifies that the following information is true and correct PALP, INC, CIA EXCEL PAVING COMPM Bidder Name 2?2°` ` "ON `" LIE LONG MACH, CA 90806 Business Address City, ( 1562) 599-5641 Telephone Number STATE LIC. 68BG59 W State Contractor's License No and Class Original Date Issued Expiration Date State Zip The work site was inspected by 4M k5bq of our office on 1 1:11 , 201E. The following are persons, firms, and corporations having a principal interest in this proposal - Curtis P Brown President and Chief Executive Office Curtis P Brown )IF Vice President and Chief Operating Officer Bruce E Flatt Vice President and Chief Financial Officar Marcia S Miller Secretary Michele E Drakulich Assistant Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements m accordance with the plans and specifications set f Company Name CPAOCL g-,rq,Tse�+� Signature of Bidder C.P. BROWN, PRESIDENT Printed or Typed Signature e Subscribed and sworn to before me this , day of JUL 2 1 Y015 , 201_ " r" C PHILLIPS o P- COMM #1996177 ro (votary Public -California N LOS ANGELES COUNTY IL Ir My Comm Expires Oct 29, 20169 NOTARY PUBLIC C-s NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets, an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."} Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years- 1. Name and Address of Public Agency Name and Telephone No. of Pr ect a a er: _ ,�,(�ij�L AmH t3�4q My Contract Amount Provide additional project 2 OA Name and Address of Public Agency Type of Work to show similar work, Name and Telephone No of Project Manager Date Completed =I L " 'S1, Contract Amount Type of Work date Completed Provide additional pro' ct description to show similar work: GAYI J AA4Jk7a-nc 3. �.,n .��i � �'1�1,� %DO01 �.G� �r„ee L"fi Name'and Address of Public Agency Name and Telephone No of Project Manager B(A NO\ Contract Amount Type of Work project description to show similar work: Date Completed C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed project Manager Telephone No of proposed Project Manager (562) 599-5841 ?Om�dt Project Name & Contract Amount Type of Work Date Completed ,�-r "02-241 ct Name & Contract Amount Type of Work WW* 6143 t ,I13 , e61 �T Project Name & Contract Amount Type of Work 2. gQ(� 1 k) LV EfL Name of proposed Superintendent Date'Completed Date Completed Telephone No of proposed Superintendent. (562)599-5841 S � VC f/UeUT Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-10 Date Completed Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 l(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http.//www dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6 30 14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https.//efiling dir ca gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states - "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date. Contractor By CA BROWN, PRES1DENT Title Date- JUL 217015 C-11 Bond No. Bid Bond The Amencan Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL 11EN BY THESE PRESENTS, that we PALP Inc dba Excel Paving Company as Principal hereina$er called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter Called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars (S 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 Pnncipal has submitted a bid for Residential Street Rehabilitation NOW, nERBFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter imo a Contract with the Obligee in accordance with the terns 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 fim ushed 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 frill force and effect. Signed and sealed this 3rd day of _ July , 2015 Witness ORSC 21328 (5/97) PALP Inc dba Excel Paving Company Prl (Seal} By, C, F. BRRO1;Y N, Pry Si"DE NT NamdTitle Federal Insurance Company Sui+ety (Seal) u., F )� Q � ~� Douglas A 9 V V Attorney -in -Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On 07/03/2015 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/ehe449y executed the same in his#�eN#+ierf authorized capacity{te&), and that by hisMerA;eir 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 E LOFrN DEBRA SWANSON WITNESS my hand and official seal p`5 ��� CONIM. # 1997119 X w -®o NOTAP,Y PUBLIC CALIFOPNIA r� ORANGE COUNTY N cq,� vA MY CONIM, EXP. NOV 10, 2016 Signature ��►�� ..i►r� (Seal) icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ------- —---- ------ ------------- --------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. Kenneth C Wendel, Assistant Secretary Norris, Jr Vice President STATE OF NEW JERSEY / County of Somerset ss On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies, and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B Norris, Jr, and knows him to be Vice President of said Companies, and that the signature of David B Noms, Jr, subscribed to said Power of Attorney is in the genuine handwriting of David B Norris, Jr, and was thereto subscribed by authority of said By - Laws and in deponent's presence Notarial Seal J ADc KATHERINE J ADELAAR �® , NOTARY PUBUC OF NEW JEkSFI 1V� , 2316166®5 .+' ����, Commbsion Expires July 16, 2014 PU <4 Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' I, Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies' do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (17 the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U S Treasury Department, further, Federal and Vigilant are licensed in Puerto Rico and the U S Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (in) the foregoing Power of Attorney is true correct and in full force and effect Given under my hand and seats of said Companies at Warren, NJ this 3rd day of July 2015 � p� owertr �`'V�Cf o �'DiANP T 01f tNS�' �NBW YDR�4 Kenneth C We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail surety chubb com Form 15-10- 0225B- U (Ed 5- 03) CONSENT A notary public or other officer completing this certificate verifies only the identdy of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On J!'� - t0 before me, C. Phillips, Notary Public Date Here Insert Name and Title of the Officer personally appeared C. P . Brown Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence- to be the persons) whose nand is/ subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in hiss authorized capacity(ies), and that by h1s4uwAh* signature(s) on the instrument the person(s), or the entityupon behalf of which the person(s) acted, executed the instrument. sMyComm C PHILLIPS COMM #1996177Notary Public -California LOS ANGELES COUNTY IL Expires Oct 29, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OJA� Sig t f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Signers) Document Date: Other Than Named Above: CapacltKms) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limded ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907