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HomeMy WebLinkAboutNobest, Inc. - 2013-07-15A RECEIVED;13Y: VZWime) (Date) • CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH !NTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: --P)745?-�01 V SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (includes CC's and MSC's) Performance Bond No. ,Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. 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. - 0�?00 SIRE System ID No." 13 FROM: Joseph Dale, Contract Administrator DATE: January 22, 2014 SUBJECT: Retention Release Payment�� Company Name: Nobest, Inc. Address: 7600 Acacia Ave. City, State and Zip Code: Garden Grove, CA 92841 Phone Number: (714) 892-5583 Business License Number: A186848 Local Address: N/A Notice of Completion Date: January 16, 2014 Contract Purpose: Retention Release for Construction Contract 1441, Lakeview Drive Sidewalk Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at j Date,' ravis K. pki I certify that there are no outstandi -3I69I14 Date invoices on file. Joyce time. ns, Public Works Director City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. /I ,? ��A . i: � )-Z - D to v in, City C Retention —Release —Internal Memo.doc 1/22/2014 4:11:00 PM # dui .� � ��� •'i � 3 °�� ��� 4, i � ��. � !�� i �. `i 1 I Larry Nodland , state and certify that: (Name of Declarant) l Nobest Incorporated is the general contractor to the City of Huntington Beach ("City") on Contract No. CC-1441 (the "Contract") for the construction of the public work of improvement entitled: Lakeview Drive Sidewalk Rehabilitation Project (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 (fist all disputed claims; if none, write "NONE"): None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Garden Grove Californa on this 24th day of DPrPmhgr J 20 13 By: f Name: [Type Name] Larry Nodland Title: [Type Title] President 245914.1 Cerification 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-1441 Project: City of Huntington Beach Lakeview Drive Sidewalk_ Rehabilitation Project The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fade 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 24th day of December , 20 13 , at Garden Grove , California. _Larry Nodland/Nobestt.lncorporated (Type Contractor Name) M. Title: [Type e]Larry Nodl'4nd/President TtS o3•.ab • 01-p 247542.1 Certification of Compliance with Title VU 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.Q. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VI[ of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1441 Project: City of Huntington Beach Lakeview Drive Sidewalk Rehabilitation Project The undersigned contractor on the above -referenced project C Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 24th day of December , 20_13, at Garden Grove , California. _Larry Nodland/Nobest.Incorporated (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] Larry Nodland President /-) /0�. 245911.1 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT City Treasurer City Cler Bond Acceptance CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating WR _ :• I Ii 1 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 (Company Name) �L-iZogr Approved — 7 /z r-;' 3 (Coun&4pproval Date) Agenda Item No. City Clerk Vault No.�� SIRE System ID No. 3 This bond was executed in two(2) identical counterparts. Bond No. CAC711095 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That: Nobest Incorporated tcontractoes name] 7600 Acacia Ave. Garden Grove CA 92841 jcontractor's street address, city and state and zip code] as Principal (hereinafter called Contractor), and: Merchants Bonding Company (Mutual) [surety's name] 2100 Fleur Drive, Des Moines, IA 50321 [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 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 Ninety Four Thousand Two Hundred Eighty Seven and 20/100 Dollars ($94,287,20 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated July 16th, 2013 entered into a contract with Ownerforthe Lakeview Drive Sidewalk Rehabilitation Project CC-1441 in accordance with drawings and specifications prepared by Jim R. Wagner P. E. which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, 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 WHEREAS, 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 WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be November 27th 2013 . NOW, THEREFORE, THE CONDITION OF THIS 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) 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 from any claims, judgments, liens 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. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract , then, after written notice from the Owner to the Surety, as provided for oelow, the 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 available 10 2567/50583 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 default(s) 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 legal, 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 default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure 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, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce 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 sealed this 24th day of December 2013 Principal Raised Corporate Seal [MUST BEAFFIXED] Principal Raised Corporate Seal [MUST BE AFFIXED] (Title) Merchants Bondinq Company (Mutual) NOTES_ 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory, 3. Please attach Power of Attorney. K 10-2567/50583 (Surety I (Seal) rturo Ayala, At o�r��y-in-Fact VEIL AS TO FO fRM gr GRATH, City AttomeY CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On i before me, Kay E. Anders on/Ho itary Public , (Here insert name and title of the officer) personally appeared sorry Nodlond who proved to me on the basis of satisfactory evidence to be the person whose nameWis/V- subscribed to the within instrument and acknowledged to me that he/sh&*y executed the same in his/� -il the r authorized capacity(i,asl, and that by his/befrtbersignaturS(s° oll the instrument the persol`f or the entity upon behalf of which the persot�fB)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. KAi' E. IMDERSON Con #scion 20312]07 WITNESS my hand and o cial seal. Notary Public - Caiito Orange County Mi Comm. Ex Mes Jun 27 Signature of Notary Pub (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF `I'FIE 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) KI Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required o State and Comity information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fornis (i.e. hE/she/4iey- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o 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 docuunent, 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). o Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.cofn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12/24/13 before me, Susan Pugh Notary Public , Date Hare Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) J i c ­y�. t. TY i�t,s ,pr2°20i5� f Phy Go�rnE.p' •, who proved to me on the basis of satisfactory evidence to be the person(Y.) whose name() is/me subscribed to the within instrument and acknowledged to me that he/stwAhElly executed the same in his/kxAtxk authorized capacity(), and that by his/ks signature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 sea[. Signature ✓' ,.1,�� — Place Notary Seal Above Signature of Notary Public 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 this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: 12/24/13 Number of Pages: Two Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) . Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-B00-876-6827 N-k ERCH A` `T7S Bond No. CAC711095 BONDING COMPANY,. 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 CA their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: 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 Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following 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 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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27th day of February , 2012 . STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 77,Xe-v— President On this 27thday of February , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom 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. MARANDA GREENWALT :° Commission Number 770312 r My Commission Expires °Wp October 28, 2014 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 24th day of December 2013 rilrrr. 1933 ; co Secretary Z. 2003 POA 0014 (11/11) r'; ;.. ..,;� e•.d.v•.... r""�lte!n �aNt�f���•� • e e e e Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information MERCHANTS BONDING COMPANY (MUTUAL) 2100 FLEUR DRIVE DES MOINES, IA 50321-1158 800-678-8171 Old Company Names Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833-3505 Reference Information Effective Date NAIC #: 14494 California Company ID #: 2482 8 Date Authorized in California: Ol/27/1982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: IOWA back to top NAIC Group List NAIC Group #: 3479 Merchants Bonding Co Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY MISCELLANEOUS SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance. ca.gov/companyprofile/companyprofile?event=companyP... 8/14/2013 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Joseph Dale P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE 2014000020536 02:20pm 01/16/14 66 401 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, Inc. who was the company thereon for doing the following work to - wit: LAKEVIEW DRIVE SIDEWALK PROJECT - CONTRACT-1441 That said work was completed November 27, 2013 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 January 9, 2014 per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Merchants Bonding Company (Mutual) was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this January 9, 201oDire or of Public4Bezlct, or City Engineer f Huntington California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County/ Dated at Huntington Beach, California, this January 9, 2014. W!Y for of Public Works or City Engineer This document is solely the official business of f Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) lye. ti.P� City of Huntington unir'j j Beach Travis K. Hopkins, PE Director December 2, 2013 Nobest, Inc. Mr. Bob Nodland, President 7600 Acacia Ave. Garden Grove, CA 92814 Department of Public Works (714)536-5431 Subject: CC-1441, Lakeview Drive Sidewalk Project - Informal Acceptance Dear Mr. Nodland: Please be advised that the City has informally accepted the improvements constructed for this project as of Wednesday, November 27, 2013. This informal acceptance is limited to only: A release of liability from usage of the improvements by the public. This release does not include those responsibilities for accidents occurring as a result of defective workmanship. Retention funds withheld during this project will be released 35 days after the recordation of the Notice of Completion (NOC) by the County of Orange. In order to release the retention funds the following items must be submitted for approval, to the City: 1. Furnish the Contractor's Certificate (enclosed). 2. Furnish Title VI Certificate of Compliance (enclosed). 3. Unconditional releases from the preliminary notices (enclosed log). 4. Furnish 1 year Maintenance Bond (enclosed). 5. Furnish "As -Built" plans. 6. Authorization from your surety to release retention funds. 7. Completion of any punch list Items. Should you have any questions, please call me at (714) 536-5915. Sincerely, seph Dale City of Huntington Beach Public Works Contract Administrator Enclosures JD:cs PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach . RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Joseph Dale P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III1111111111111111111111111111111111111111111111111 111INO FEE 2013000665824 11:36am 12/10/13 66 401 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, Inc. who was the company thereon for doing the following work to - wit: LAKEVIEW DRIVE SIDEWALK PROJECT - CONTRACT-1441 That said work was completed November 27, 2013 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 27, 2013 per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Merchants Bonding Company (Mutual) was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 6, 2013. 6/_ - )__ 4 2 Dire for of bli or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 6, 2013. Director of Public Works or City, Engineer This document is solely the official business of City of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9 �.� 'i? ..'+f ?< :' it,,,�f` ,.ye_,oa -m . �. �,y,•. <s ,S.y.� ti �.- ., � .. - �ti: � .,- `'ie*i; r. w[,r'c .. .. - �- .. RECEIVEDBYft CITY CLERK RECEIPT COPY Return DUPLICATE to 77`�".• %/ City Clerk's Office (Name) f _ l after signing/dating (Date) r CITY OF I' BEACH INTERDEPARTMENTAL COMMUNICATION tI',? TO: City Treasurer FROM: City Clerk ^q DATE:? e 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. k Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. (Company Name) f12144 7: 9� jqlr�? 7jZ/% C 9 Approved Agenda Item No City Clerk Vault No Other No. SIRE System ID No g:/forms/bond transmittal to treasurer - Lo, 6 (Council Approval'Date) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST FOR LAKEVIEW DRIVE SIDEWALK REHABILITATION PROJECT, CC-1441 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 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 Lakeview Drive Sidewalk Neighborhood Rehabilitation 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: I . 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 g/agree/surfnet/cityconst I of 22 12/11 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is .attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed ninety-eight thousand thirty-eight Dollars ($98,038.00), 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 thirty-five (35) 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 g/agree/surfnet/cityconst 4 of 22 12/11 necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the 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 g/agree/surfnet/cityconst 5 of 22 12/11 promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, g/agree/surfnet/cityconst 6 of 22 12/11 material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair g/agree/surfnet/cityconst % of 22 12/11 compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting 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 g/agree/surfnet/cityconst 3 of 22 12/11 shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. g/agree/surfneUcityconst 9 of 22 12/11 B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 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 g/agree/s urfnet/ci tyconst 10 of 22 12/11 amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 12/11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 12/11 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 13 of 22 12/11 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 12/11 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 12/11 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 12/11 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 17 of 22 12/11 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 I 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: Joseph Dale 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Nobest, Inc. 7600 Acacia Ave. Garden Grove, CA 92841 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 18 of 22 12/11 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 parry 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 &gree/surfnet/cityconst 19 of 22 12/11 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 12/11 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfn et/c i ty const 21 of 22 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on .,y !1!j7 20L. If CONTRACTOR CITY OF HUNTINGTON BEACH, a munic' 1 corpogation of The State of California Nobest, Inc. Mayor Qdla>bd �, C fyClerk OlO print me ITS: (circle one) Chairr�lai(/President/rvice President AND By:_'—i` Robert NpIfland II IF print n e ITS: (circle one) ecretary/ hief Financial Officer/Asst. Secretary - Treasurer g/agree/surfnet/cityconst 22 of 22 12/11, INITIATED AND APPROVED: Director of Pub `c Works REVI ND APPROVED: t Manager APPROVED AS TO FORM: Cit At ey, j State of California County of Orange On August 6,2013 before me, Ray E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S PTThau4 and official seal. KA�NOERS NN Commission +� 2031255 Notary Public - Cslibrnia Orange County M Comm. EK urea Jun 2�. 2017 (Notary 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) IX Corporate Officer(s) President & Secretary (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 acknowedgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial ivording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms 0 e. he/she/they3- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.coin 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37 38. 39, 40, 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR LAKEVIEW DRIVE SIDEWALK REHABILITATION PROJECT, CC-1441 TABLE OF CONTENTS Pam STATE OF WORK; ACCEPTANCE OF RISK I ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 7 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 11 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 14 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 16 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 NON -ASSIGNABILITY 17 CITY EMPLOYEES AND OFFICIALS 17 STOP NOTICES 17 NOTICES 18 SECTION HEADINGS 18 IMMIGRATION 19 LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 ATTORNEY'S FEES 19 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 20 DUPLICATE ORIGINAL 21 CONSENT 21 SURVIVAL 21 MODIFICATION 21 SIGNATORIES 21 ENTIRETY 21 SECTION C for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 in the CITE' 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 35 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. G1 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 6j t'lS 967d in the amount of $ to 7.07 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: qg, d�g' 6 17 BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY 1/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: 134 600 IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 . . . : :ci�traci : :t}r5it : �xteiideci Nots ::::isl�ti .: : : : : : : : : �e5crlpttoi� :::::::.:.:::::::: :{�uen}iitiy:: ; Uc�ft::::::: �rkce: .:: ; ::AriipYirrt::: REMOVE AND CONSTRUCT SIDEWALK 60 3. 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ J. $ ~ SHEET 2 REMOVE AND CONSTRUCT SIDEWALK J 3: S 7S, 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF $ f $ AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1" BY 1/4" GALVANIZED / �c 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW toe J}� 4 .4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ ,1 FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14�'_ 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ $ ✓�'ry� CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ y, $ Ao HANDRAIL AND FOOTINGS. o0 C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Gtrnst: .................................. Note :::: ......................................................... :iteM. ; :::::::::: . . . . . . . . . . . . . . . . . ........... . . ::�oi�tract pe.... oi.:.:.......... .................. Qa�nxity : : : : . Unit::::::: . ..C1r�i4: : : �r(c�::::::: : p tehdecl: ....... ox nt 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB STD. PLAN 217 1 EA , $ �= $® 9 9 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND AGGREGATE BASE.) 20 LF $ IJO, ?e $ V 10 CONSTRUCTION STAKING 1 LS $ `3 000 $ 11 MOBILIZATION 1 LS 700, $ 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ o $ 7'`" 13 PREPARATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN (SW PPP) 1 LS p $ �00, $ C, �xe fc Total Amount Bid in Fi ures: $ 1 � 00 Total Amount Bid in Words: C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE * 14 340 LF ATTACHED 1" BY 114" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ f �, �-6V,. Total Amount Bid in Words: T 11; o e o a Thf a * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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 Items)A,Ltcense Naine and Address of Subcontractor .:. State .Class Dollar ' Mount % of Contract` s :. , Number $ sto Pgeg4e By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that t ,eforegoing is true and correct and that this declaration is executed on &)3-13, at �^1,1>� �— Date City State t4Yrf . /► n/ d it d flc , being first duly sworn, deposes and says that he or she is 6'e5" e'7-f of /11Gkf-'0 Z'ne . 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. Mobrell- Ific. Name of Bidder -7WP A C"�'ef Arse. 1 Address of Bidder C-4 State of California County of Orange On �� "'J�� before me, Scott Milne II/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 personXwhose nameis4feW/t4 is/e subscribed to the within instrument and acknowledged to me that he/s Deny executed the same in authorized capacity�9 and that by his tl0r signature on the instrument the person or the entity upon behalf of which t e 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. TNESS y han d official seal. Signature of Notary Public (Notary Seal) + SCOTT MILNE 11 '1 COW #'1857898 n L) t NOTARY PUBLIC-CALIFORNIA 9s ' ORANGE COUNTY ., J. .My Comm. E'XPO43 Au®usf 12. 2613 . ,. III EII [ � f �,I '`_ •. ! {i} I' I 1 I�� ' . •,. I i � � 3 s�� I!: '� � c,, f 1,�� ,,, 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.e. certifying the authorized capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required ® State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o 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. Wsheltt:)5�,is lane) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). ® Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 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 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: 6 - l �3 `' /3 Contractor _i /c �K(C'te%d 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 E No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ©— l 3. �()b&25 F Title C-7 W BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Aabes�- Inc. Bidder Name 4�00 /�C,:� C,,a P Ue - Business Address City, 7o > gf,;e -�-U3 Telephone Number 113 males? A State Contractor's License No. and Class #— X Original Date �Issuedd -" 3l /— l / Expiration Date State Zip The work site was inspected by Alf Le W, S of our office on / 3 , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: C ell-y Ne11aej �io5,leowv rte-cfkf,0-Y1 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth., - lvok �- 'T t? /- - 4�:� Company Name Signature Printed or Typed Signature Subscribed and sworn to before me this P rday of �'� , 200 NOTARY PUBLIC a SCOTT MILNE II 16 c `1 COMM. #1857898 00 U = NOTARY PUBLIC -CALIFORNIA O ORANGE COUNTY "?1 My Comm. Expires August 12. 2013 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 7- fe— C� 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-9 REFERENCE LIST Page 1 No. 1 Project Name/Number: Annual Concrete Maintenance Program Project Description: R&R Concrete Sidewalk Drive Approaches, Curb Ramps, Curb & Gutter Approximate Construction Dates: From 2/1/13 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $500,000 Final Contract Amount: In Progress No. 2 Project Name/Number: Central Balboa & Newport Heights Alley St. Replacement Project Description: Remove and Replace Concrete Alleys Streets. Curb & Gutters, Sidewalk, Curb Ramps Approximate Construction Dates: From: 1/2013 To: Present Agency Name: City of Newport Beach Contact Person: Mike 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 Progress No. 4 Project Name/Number: Reconstruction of Aulney Lane Proj ect Description: Remove & Replace Concrete sidewalk Drive Approaches Curb Ramps Curb & Gutter Approximate Construction Dates: From: 10/2012 To: 1/2013 Agency Name: City of Huntington Beach Contact Person: Joseph Dale Telephone: (714. 53�6-5.915 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 =1 Project Name/Number: 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 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: NOBIN-107 A!A Document A310 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 Street, Huntington Beach, CA 92648 as Obligee; hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars {$ 10% for the payment of which. sum .well'and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project from Westlake Circle to Shoreview Circle CC No. 1441 in the City of Huntington Beach NOW, THEREFORE, if the obligee shad 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 specked 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 day of 4th June, 2013 Nobest Incorporated c Witness) Merchants Bondin CoR (Witness) Arturo Ayala ct (seal} AIA.DOCUMENT A310 • BID BOND • AIA O • FEBRUARY,1979 ED •THE AMERICAN INSTITUTE OF ARCHITECTS; 1735 N.Y. AVE., N.W., wASHINGTON, D.C.20005 1 Frye State of California County of Orange On C" �/ �1 — before me, Scott Milne II/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 person whose name(is/Xe subscribed to the within instrument and acknowledged to me that he/sue/they executed the same in his/be/t42i authorized capacity(, and that by his/(e r signatureWon the instrument the person(or the entity upon behalf of which the person(aacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my h d an o ficial seal. Signature of Notary Public (Notary Seal) SCOTT MILNE II O 0 comm. #1857898 +s^- •% NOTARY PUBLIC-CALIFORNIA .1 OR/jNGECOUNTY .i My Comm. Expires August'12.2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. terrifying the authorized capacity of the signer). Please check.the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. . The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. a Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lrershe/thwy- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically. reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form- - Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). " o Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 6/4/13 before me, Susan Pugh Notary Public f Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s). SU AN PUuH 934229 Notary Pubkc-GZ. Iifornia ' S_ L ORANGE COUNTY My Comm. Expires Apr 29,2C15 who proved to me on the basis of satisfactory evidence to be the person(Y) whose name(k) is/me subscribed to the within instrument and acknowledged to me that he/stwAbey executed the same in his/hachdeic authorized capacity(fea), and that by his/tlm)ir signature(x) on the instrument the person(&), or the entity upon behalf of which the person(x) 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 �� i Place Notary Seal Above Signature of Notary Publi�S san 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 this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/4/13 Number of Pages Signers) Other Than Named Above: None 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: One Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here �u�- _ - _ - - _ - - .._ �-4-�c^��'�`z;�-_. � � .� ` ``�d�^��er�%c�.- � _ _ - ._ _ • =-mac^ 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 MERCHAN' Bond No. NOBIN-107 BONDING COMPANY. 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 CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: 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 Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following 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 27thday of February , 2012 . •. ��\NG . CO, •• �0.�(\PQhi'•'O9' a'• 1933 ; c; STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By/-f-7 774— President On this 27thday of February , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom 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. MARANDA GREENWALT $ Commission Number 770312 pow' • My Commission Expires October 28, 2014 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 4th day of .tune , 2013 . POA 0014 (11/11) •�o�o P 0 •'O9y • Z; e ° a'• 1933 c' �J��'W � •`,,ate . Secretary !16 . . . . . . . . . . . . . . ­ . . . . . . . . . . . . . . . . -it "WA Ow "UL4v. AD Y 0 MARY; BY ARA" Tooawv 1, : " t1- ;,C( farl jun Not tN wd I is T Wye& tA U.S. K "51w..y Pon, IV. xf- val at 1#021 JOY— N%Rviff Y A KAI it, is al SAY zoo to VOW— j,yj ;a wm I'M "VAN 00, _.QY '-C-Qw- All, 1 "YnMn syl vow& 1 x 0, 5 AMA` A&A you ART, 07 Y volialloo t 2 IMA. NOWN SAW 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 August 28, 2013 Nobest, Inc. 7600 Acacia Ave. Garden Grove, CA 92841 Re: Lakeview Drive Sidewalk Rehabilitation Project — CC-1441 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VIl of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, Joad L_ Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cities: Anjo, Japan ® Waitakere, New Zealand Certification of Compliance with 'Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E > IF R cGRA 17 O� A ORNEY 1 I-L) 3-_�fb-UP 245911.1 CONTRACTOWS CERTUICATE I, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3_ Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20 (Signature of Declarant) APPROVED AS TO FORM By: S1a-)/a -liJ 3 • Zo-OLF Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92649 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] TO GTI'Y ATTORNEY -TLS o3- C-lb 247542.1 1 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT: City Treasurer City Clerk �f 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 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) 6LI 7:1Z0 Approved — /J (Cou ci A proval Date) Agenda Item No. City Clerk Vault No.=f C� SIRE System ID No. PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. This bond was executed in twc(2) Bond No.CAC711095 identical counterparts. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that' WHEREAS, the City of HuntingtonBeach (hereinafterxeferred to as "City") has awarded to Ncbest Incorporated 7600 Acacia Ave Garden Grove CA 92841 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: T,ak.�yyew Drive 4i d wad k R habi l i a ion LDrcject. CC-1441 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics; materialme.n, and other persons as provided bylaw. NOW THEREFORE, we, the undersigned Principal, and - -- Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 50321 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as."Surety'), as Surety, are held and firmiy bound unto Gity in the penal sum of Ninety Eight Thousand Thirty Eight and 00/100 dollars; ($ 9 8 , 0 3 8 . 0 0 ); this amount being not less than one hundred percent (1,00%) of the total price set ford in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors; and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAN, if the Principal, his, her, or its heirs,. executors, administrators, successors or assigns, :or subcontractors shall fait to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work _described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections. 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over.to the Employment Development Department from the wages of employees. of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 31.81 of the California. Civil Code. so as to give a right of action to such _persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay ail court costs and a reasonable attorney's_fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract,. or any contract document or any work to be performed thereunder, whether nude after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond NO. CAC71 1 095 extension of time, alteration, addition, or modification to the terms of the Contract, the. contract documents or the work thereunder= Surety also waives the provisions of California Civil Code §§ 2845and 2849: IN WITNESS W-IEROF, 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 parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 6th, 2013 ATTEST (Corporate Seal) ATTEST (Corporate. Seal) (Attach Attorney -in -Fact Certificate) Nobest Incorporated (Principal Name) By: i Name; lts: Merchants Bonding Company (Mutual) 321 ( 800) 678-8171 _ (Area Code &'Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' � ennifer Mc ,rath ity Attorney 51!I 64 Note: This bond must be executed in dupttcate and dated, aft signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 297589A PAYMENT BOND Page 2 of 2 State of California County of Orange On August 6,2013 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 person whose namge. is/aw-`�subscribed to the within instrument and acknowledged to me that he/oeltbey executed the same in his/1je1`ltheir authorized capacity02-!s51 and that by his/Ibefrh-eir'signatureXson the instrument the persolnjs); or the entity upon behalf of which the personks') 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. ptAY E. RPiDERSON Commission # 2031255 WITNESS m land nd official seal. Notary aye+ic Calitorn+a A Orange County My Comm. Expires Jun 27, 2Q1t (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) E Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mzrst contain verbiage exactly as appears above in the notary section or a separate acknowledgment foz-nz inust be properly completed and attached to that document. The only exception is if a document is to be recorded ozitside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document caref illy for proper notarial wording and attach this form ;f required o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. m The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. o Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. Ia/she/the3 ;- is hire) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, 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 docuument, 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). m Securely attach this document to the signed document 2008 Version CAPA v12.10-07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT d STATE OF CALIFORNIA County of Orange On 8/6/13 Date personally appeared Arturo before me, Susan Pugh Notary Public , Here Insert Name and Title of the Officer o � J UGH � oms Pl�' COUNTY Ap, 29 20015 Name(s) of who proved to me on the basis of satisfactory evidence to be the person(g) whose name(* is/xm subscribed to the within instrument and acknowledged to me that he/smkxpg executed the same in his/hadb2ic authorized capacity(), and that by his/karkIaet' signature(x) on the instrument the person(r.), or the entity upon behalf of which the person(x) 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 SUsan ugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond (Labor and Materials) Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑I Limited ❑' General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: None 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: Tap of thumb here Oc 2007 National Notary Association • 9350 De Soto Ave., P-O. Box 2402 • Chatsworth, CA 91313-2402 • wwmNationalNotary.or9 Item #5907 Reorder: Call Toll -Free 1-800-876-6827 SRC T5 BONDING COMPANYTa Bond No. CAC711095 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 CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: 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 Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following 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 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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012. STATE OF IOWA COUNTY OF POLK ss. rrriNrrrer�i.rNN•i��}i. -o- o ec 1933 vyJ C : °O •eeo• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By/-C-7 7,7� President On this 27thday of February , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) 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. MARANDA GREENWALT a L Commission Number770312 My Commission Expires ON 01 October 28, 2014 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 6th day of August 2013 a' 1933 b' Secretary _ POA 0014 (11/11) Lr'+ at�� ° 6�;•' `1a�: .• PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. This bond was executed in two (2) Bond No. CAC711095 identical counterparts. Premium: $2,451.00 PERFORMANCE BOND KNOW-ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington. Beach (hereinafter referred'to as "City') has, by written agreement dated July 16th , 2013 ; entered into a'contract with Nobest Incorporated 7600 Acacia Ave. Garden Grove CA 92841 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Lakeview Drive Sidewalk Rehabilitation Project, CC- 441 (Project Title) WHEREAS, said contract, and 'all documents referenced therein (hereinafter collectively "Contract"); are Incorporated herein by this reference made a part`hereof as though set forth herein in full. WHEREAS; said Principal is, required under the terms of the Contractto furnish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 50321 {name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and. hereinafterreferred to as "Surety") as: Surety, are held and firmly bound unto City in the penal sum of Ninety Eight Thousand Thirty Eight and 00/100 Dollars ($ 9 8. 0 3 8 ,0 0 ), .this amount being not less than one hundred percent of the price set forth in the Contract,. in lawful -money of the United States, for the payment of which sum, well and truly to be made;. we bind ourselves, our heirs, executors, administrators and successors, jointly and severally; firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal' shall promptly, fully and faithfully perform each and all of the covenants, obligations and thingsto be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and: employees (hereinafter collectively referred to as "Obligees") frorn any and. all losses, liability and damages, claims, judgments,_ stop notices, fees and costs of every description, whether imposed bylaw or inequity, which may incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all, alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received; that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition. or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond: Surety waives notice: of any adjustment of contract time: or contract' price, and sTas��.i PERFORMANCE BOND ?age 1 of 2 Bond No. c A= 1 0 9 5 any other alteration, change, deletion, addition Pr other modification to the Contract, or the work to be performed thereunder, and agrees;to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additionsorother modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§ 2848 and 2849. The obfigations.of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each "corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrumenthave been duly authorized pursuant to the authority of its goveming body, Surety, by execution ofthis 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:1g1.'s ATTEST {Corporate Sea() Nebest Incor]2orated ATTEST Merchants. Bonding Company (Mutual) 2100 Fleur Drive, Des Moines IA 50321 (Corporate Seal) (Surety Name) Name: Art4fro A ala (Signature of Attorne--in-Fact for Surety) (Attach. Attorney -in -Fact Certificate) a 0 0) 6 7 8- 8171 (Area Code & Telephone Number of Surety) APPROVED: AS TO FORM: CITY O UNTINGTON BEACH c By• ennifer Mc ath ity Attorney !Vote: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorneyin-tact:must be attached. 277591.1 - PERFORMANCE. BOND Page 2 of 2 WIN! a S - 1lt! n 1ii" State of California County of Orange On August 6,2013 before me, Kay IEo Anderson/rotary Public name and title of the officer) personally appeared Larry rodland who proved to me on the basis of satisfactory evidence to be the person whose name, is/aie"'subscribed to the within instrument and acknowledged to me that he/shetbey executed the same in his/l er7ozf'r authorized capacity.041 and that by his/berrlb-eir`signatureXon the instrument the person�4; or the entity upon behalf of which the perso%'s) acted, executed the instrument. I certify under PENALTY OF PERJURY wider the laws of the State of California that the foregoing paragraph is true and correct. itAY E. ANDERSON Commission ;y 2031255 WI S my 1 an fficial seal. Notary Public - Camornia Orange County My Comm. Expires Jun 27, 2017 (Notary Seal Signature of taryP lic 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 CLAEAEED BY 1BE SIGNER ❑ Individual (s) Kl Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California niust contain verbiage exactly as appears above in the notmy section or a separate acknowledgment form nnrst be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper• notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. a Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/the} is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). o Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com blei 11 :1 ki I M STATE OF CALIFORNIA County of Orange On 8/6/13 before me, Susan Pugh Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH n \� C0M1M 1 19 ; 9 n til iv 0 ?uvuc L lifo;nia �O J FJGE C�Uid T Y a ;. Spires Apr 29. 2015 who proved to me on the basis of satisfactory evidence to be the person() whose name(k) is/Rce subscribed to the within instrument and acknowledged to me that he/sheAhW executed the same in his/hm authorized capacity(), and that by hislkedtba)b- signature(x) on the instrument the person(&), or the entity upon behalf of which the person(k) 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 - . - L —'� Place Notary Seal Above Signature of Notary Public Susan P�gh OPTiONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 816/13 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): - El Partner — ❑ Limited ❑ General V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Performance Bond None 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: Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800.876-6827 AC40R" CERTIFICATE OF LIABILITY INSURANCE 8i5i2013Y'"I 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 endorsement(s). PRODUCER Milestone Risk Management & Insurance Agency License No. OB72766 8 Corporate Park, Ste 130 Irvine CA 92606 CONTACT Catherine Sariana NAME: FAX PHONENo. Extl. (949) 852-0909 A/C No: (949)852-1131 E-MAIL ADDRESS: csariana@milestoneP romise.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Great American Assurance Co. 26344 INSURED Nobest, Inc. P.O. Box 874 Westminster CA 92684 INSURERS Travelers Indemnity Company of 25682 INSURERCRSUI Indemnity Co. 22314 INSURERD:Travelers Property Casualty of 5674 INSURERE:Peerless Insurance Company 24198 INSURERF: COVERAGES CERTIFICATE NUMBER:12/13 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. TYPE OF INSURANCE OL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 rA X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 50 000 MED EXP (Any one person) $ Exclude CLAIMS -MADE Fx_1 OCCUR GLP2101532 10/1/2012 10/1/2013 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ PRO Ej F LOC POLICY FX1 AUTOMOBILE LIABILITY CINED Ea accciden SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BALL ANY AUTO OWNED SCHEDULED AUTOSBODILY NON -OWNED HIRED AUTOS AUTOS1,000coll 1XX rx 8100782P771 10/1/2012 10/1/2013AUTOS INJURY (Per accident) $ PeOPERTYtDAMAGE $ Uninsured motorist combined $ 11000,000 1,000comp UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 X N AGGREGATE $ 4,000,000 C EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ CA231428 $ 10/1/2012 10/1/2013 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA B0782P771 10/1/2012 10/1/2013 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Rented/Leased Equipment CBP8072949 10/01/201210/1/2013 Limit $100,000 Deductible $1 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Rehabilitation of Lakeview Drive, Sidewalk Project, CC-1441 City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured per the attached CG2037 and CA2048 endorsements. Coverage is primary and non-contributory per the attached GAC3649CG endorsement. OPP %S T FORM: =_R;i-:�_JRKTK Ctty A.t""y I� a lhG<l3 i 1•1913;A City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Catherine Sariana/CASQ1L-C��2Q� ACORD 25 (2010/05) U 1988-2U1U AGUKD GUKYUKA I IUN. An rignis reservea. INS025 rgmnn.5) m The Ar()Rr1 nnmc nnri Innn me rcniefcrcri mnrkc of A(.()Rr1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): The City of Huntington Beach, its Agents, Officers & Employees Any person or organization which you have agreed to name as additional insured in a written contract, executed prior to a loss, other than a contract fore the lease or rental of a vehicle. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Policy # GLP2101532 Commercial General Liability CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations(s): Location And Description Of Completed Operations The City of Huntington Beach, its Agents, Officers & All Operations Employees (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizaiton(s) 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 perfomred for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 GAC . 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649CG (Ed. 11 /06) XS CITY OF HUNTINGTON BEACH BEDS ,UB Dc.4` ADc.. ',,I'OPENING) ....::.:.:.:.:...:..:.:........: RiIT .—A �ll�4J� C: ; 1 CIVIL WORKS, `BELLFLOWER, r F 2-O �� ;�_ • sko' 2 Excel Paving'Co, Long=:Beach; 3 G2K Construction, Inc, Encino �.� 5 O_d • -�—�— HYM ENGINEERING INC, BUENA PARK' 5 Moras Equipment & Construction",.,Pico Rivera ©o 7"? 3,50. 6 NOBEST INC, W,ESTMINSTER 8 Q d 0 3 8 .- C, 7 QCLA, Mission Viejo 8 Patriot Paving Inc., Orange 9 PTM-General-Engineering. Services, Inc., Riverside 10 RSB-Group, Lake Forest, 11 Ruiz, Concrete And" Paving" Inc., Long Beach., 12 S Parker:Engineering Inc; CQ.Sa N.41, 4ey 3 60 13 Unique:Performance Construction, Inc , Anaheim A? 15 16 17 18 . 19 20 Bid Opening Worksheet CC-1441 K/,A) 5 Dept. ID PW 13-038 Page 1 of 2 Meeting Date: 7/15/2013 �PPgav� 6 -o - / (A�*Wy 46jdw�) MEETING DATE: 7/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a contract in the amount of $98,038 to Nobest, Inc. for the Lakeview Drive Sidewalk Neighborhood Rehabilitation Project, CC- 1441 Statement of Issue: On June 18, 2013, bids were publicly opened for the Lakeview Drive Sidewalk, Neighborhood Rehabilitation Project, CC-1441. City Council action is requested to award the construction contract to Nobest, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $250,000 are available in the Capital Improvement Reserve Account No. 10040314.82800. The engineers estimate was $180,000. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Nobest, Inc., in the amount of $98,038.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize 20% construction contingency. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The existing sidewalk on the south side of Lakeview Drive along Huntington Lake, between Westlake Circle and Shoreview Circle, is no longer providing a level path of travel for pedestrians. The sidewalk has separated from the curb in the direction of Huntington Lake creating a 2 to 4-inch gap along the existing back of curb for several hundred feet. The sidewalk was constructed in 1993. The rehabilitation project primarily consists of removal and reconstruction of approximately 700 linear feet of sidewalk and hand railing, where necessary. HB -75- Item 7• - I Dept. ID PW 13-038 Page 2 of 2 Meeting Date: 7/15/2013 Bids were opened publicly on. June 18, 2013. There were no corrections. The verified amounts read at the bid opening are listed below: Bi©DER'S NAMEAmount Read at BidOpening and Basis of Award Nobest, Inc. $98,038.00 Ruiz Concrete and Paving, Inc. $108,444.00 Unique Performance Construction, Inc. $124,349.00 G2K Construction, Inc. $128,500.00 HYM Engineering Inc. $137,194.00 PTM General Engineering Services, Inc. $160,480.00 Vido Samarzich, Inc. $161,200.00 S. Parker Engineering, Inc. $176,360.00 Moras Equipment & Construction $179,350.00 Civil Works $182,039.50 Staff recommends awarding a contract to Nobest, Inc. in the amount of $98,038.00. Nobest, Inc. has performed acceptable concrete rehabilitation construction for other City projects, including the concrete surface at the Joint Powers Training Center at Gothard Street Fire Station. The total project cost is estimated to be $135,000, which includes the construction contract, project management, 20% construction contingency, and supplementals. Environmental Status: Public Works Commission Action: The Public Works Commission reviewed and approved CC-1441 on May 15, 2013, with a vote of 7-0-0 (The motion carried). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map Item 7. - 2 HB -76- ATTACHMENT #1 HB -77- Item 7. - 3 NTS PROJECT LOCATION 01 Lakeview Drive (Westlake Cir.—Shoreview Cir.) LEGEND ® NEIGHBORHOOD REHABILITATION LOCATION REV 05/06/13 FY 12/13 NEIGHBORHOOD REHABILITATION, CC-1441 PROJECT LOCATION MAP *JA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 Item 7. - 4 HB -78- CTI'Y OF HUNTINGTON BEACH BIDISSUOMITTED110S READ A T O®gP �RtO � . .......`.. ...:..:......�..:.;.:.;.:.� ::::::::....... .;; K:. :: : `....`. .:.:APPAR........ 'ENT T3ID.A..M..Q..9..N,.,T: .,...,... 1 CIVIL WORKS, BELLFLOWER, 2 Excel Paving Co; Long- Beach 3 G2K Construction, Inc, Encino' 4 HYM ENGINEERING INC, BUENA PARK q700 �r 5 Moras Equipment & Construction, Pico Rivera 6 NOBEST INC, WESTMINSTER OCLA,, Mission Viejo 8 Patriot Paving Inc.,'.Orange -- 9 PTM General Engineering Services, Inc.,, o� Riverside 10 RSB Group, Lake Forest, 11 Ruiz Concrete And Paving Ihc., Long Beach 12 S Parker Engineering Inc,`atnhe / .36o f 13 Unique Performance Construction, Inc , Anaheim oa 14 15 16 17 18 19 20 Bid Opening Worksheet CC-1441 ��-ice/ a Boa (01I&Id,043 i ®j�" CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT 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: May 23, 2013 Project.: LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441 Regarding: NISB ® We are sending you: ❑ By Mail ❑ By Fax Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Other: Item # Copies Pages Description 1 1 2 Notice Inviting Sealed Bids for LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC N0, 1441 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your action ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on 9/16/12), the City Council authorized the advertisement of the above listed neighborhood rehabilitation project. Please find the attached Notice Inviting Sealed Bids for advertisement on 5/30/13, 6/6/13, and 6/13113, The bid opening is scheduled for 6/18/13 at 2:00 PM in the City Council Chambers. If you have any questions regarding the enclosed attachment, feel free to contact me at iwagner@surfcity-hb.org or (714) 536-5467. c: file By Jim Wagner„ PE, Se or Civil Engineer G:\Construction Contracts (CCs)\CC1441 Lakeview Dr Sidewalk and Retaining WaIANISB ADVERTISEMENENISB Transmital To C)erk.docx 11-/b l-3 '61113 r-3 NOTICE INVITING SEALED BIDS for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on .dune 18, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a S40.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). 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. 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 neighborhood rehabilitation project primarily consists of removal and reconstruct of approximately 700 linear feet of sidewalk. Improvements also include hand railing, handrail modification, concrete deep footing, and rebar dowels between the new sidewalk and existing curb. 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 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Ad Copy: NOME INVITING SEALED BIDS for the construction of LAKEVIEW DRIVE SIDE- WALK NEIGHBORHOOD RE- HABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No, 1441 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Hun- tington Beach, California 92648, up to the hour of ZOO PM on June 18, 2013. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $40.00 nonre- fundable fee if sent by UPS ground delivery (bidder shall pay addi- tional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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 --- ad proof pg. 1 --- 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, Hun- tington Beach, CA 92648, The AGENCY will deduct 5%`retention.. from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance 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 enter- prises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shalt 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, cash- ier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a Stat2"Contractor's Li- cense 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 neighborhood rehabilita- tion project primarily consists of removal and reconstruct of approxi- mately 700 linear feet of sidewalk. Improvements also include hand railing, handrail modification, concrete deep footing, and rebar dowels be- tween the new sidewalk and existing curb. 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. --- ad proof pg. 2 --- BY ORDER mthe CITY COUNCIL mthe CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No2012- 65. Attest: loan L. Flynn `CITY CLERK o'/n= urxomnmuromBEACH Published ouIndepen- dent 5/30.6/6, &a/13/ mo — ad proof pg.0 - • .�• k .�. • .e V COUNTYSTATE OF CALIFORNIA) ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy . as was printed and published on the following date(s): Thursday, May 30, 2013 Thursday, June 6, 2013 Thursday, June 13, 2013 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on June 20, 2013 at Los Angeles, California Signature NOTICE INVim SEALED BIDS forlthe construction of LAKEVIEW DRIVE, SIDEWALK - NEIGHBORHOOD REHABILITATION .PROJECT from Westlake Circle 1 Shoreview Circle CC No. 1441 in the . CITY OF HUNTINGTOf PUBLIC NOTICE IS HERE- ;The BY. GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- .vites sealed, bids for the above stated project and will receive such bids in the . office of the City Clerk, Second Floor, 2000 Main Street, 'Hun- 'color, tingtomBeach, California 92648, up to the hour of .2.00 PM on June' 18, 2013. Bids will be pub- AGENCY hereby af- firmatively ensures that minority business enter- prises will be afforded. full opportunity to sub- mit bids in response, to this "notice and will not be discriminated against on the 'basis of race, national origin;. ancestry, sex; or religion in any consideration leading to the 'award of contract. COUNCIL of the CITY OF. HUNTINGTON BEACH, CALIFORNIA, they 17th 'day of September 2012, by Resolution No. 2012- 65. Attest: Joan�L. Flynr CITY CLERK FO TFIE CITY OF HUNTINGTON BEACH Published H.B. Indepen. dent 5/30, 6/6, & 6/13i 2013 Iicly,open in the Council, No bid shall be consid- Chambers unless other:, ered unless it is -pre- wise posted. pared on the approved. Copies of the Plans, ,Proposal forms in con - Specifications, and con- formance with' the tract documents- are Instructions to Bidders available from the Office as determined by the of the Director of Public AGENCY. The bid must Works; 2000 Main be accompanied by a Street, Huntington. certified check, cashier's Beach,; CA 92648, upon 'check, or ,bidder's bond payment of a $20.00 made payable to the nonrefundable fee if AGENCY for an amount picked up, or payment of no less than 10% of the a nonrefundable amount bid. The suc- ,$40.00 fee if sent by . UPS .cessful bidder shall` be ground delivery (bidder licensed in accordance shall !pay additional with' provisions of the costs for special deliv- Business and - Profes- ery). sions Code and shall Any confra&entered in- possess a State Contrac- to pursuant to this no- tor's License Class• A at tice will incorporate'the the time of the bid open - provisions of the State ing: The successful Con - Labor Code. Pursuant to tractor and his subcon- the provisions of the tractors will be required" Labor Code of the State to possess business li- of California, the mini- tenses from the AGEN- mum prevailing rate of CY. All extension of unit per diem wages for each prices. will be subject to craft, `classification .or. verification by the type of, workman needed AGENCY. in case of a to execute the.contract variation' between the shall be those deter, unit price and the exten- mined by the Director'of sion, the unit price will Industrial. Relations ; of govern. the State of California; Project Description: The which are on file at the neighborhood rehabilita= Office of the Director of tion project primarily Public Works, 2000 Main consists of removal and Street, Huntington reconstruct of approx- Beach. CA 92648. imately 700 linear feet. The AGENCY will deduct o f s i d e w a l k. I m- 5 % retention from all provements also include progress 'payments.. The .hand railing, -handrail Contractor may , substi- modification, concrete tute escrow 'holder deep footing, and rebar ,an — surety of equal value to dowels between the new - 'the retention in actor- sidewalk , and existing dance with the provi- curb. sions of the Public Con- The AGENCY reserves tract Code, Section the right to reject any 10263. The Contractor or all bids, to waive any shall be,beneficial owner irregularity and ,to take of the, surety and shall all. bids under advise - receive any interest ment' for a maximum thereon. period of 60 days. . �_- BY ORDER of the.CITY UNSUCCESSFUL BIDS CC-1441 Lakeview Dave Sidewalk Neighborhood Rehabilitation Project City ®f Huntington Beach 2000 Main Street ®Huntington Beach, CA 92648 (714) 536-5227 * www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk September 25, 2013 Civil Works Corporation 9348 Oak Street Bellflower, CA 90706 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, k €� f Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand CIVIL WORKS CORP. 9348 Oak Street Bellflower, CA 90706 Tel.: 562-461-1011 SECTION C PROPOSAL for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find I ro Bor7© in the amount of $ /�o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No.1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY 1/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE L.AKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 I. i. - ,u0 1 PROJECT FROM WESTLAKEE CIRCLE TO SHO EVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 06.rlol. :� itiract : :t}r�it : tended ....... .................................. �IOt.... . . .:.:.:.:.:.:.:.:.:::: �S.C�ipttOji:.:.:.:::::::::::.:G1u�ra,}�x.. .................. U�at.::..:. �kC:.:.: :::Ar?1Ptlftit:.: REMOVE AND CONSTRUCT SIDEWALK 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ SHEET 2 REMOVE AND CONSTRUCT SIDEWALK 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1" BY 1/4" GALVANIZED jD3 6 C5Z2L'1- 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF $ FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW 4 4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ 1ft,G0 0� FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ �l �. Q-p _ 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ �• $ f D.CV HANDRAIL AND FOOTINGS. C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 : : ::. .:.:.:.. . :�oi�tract : :: : : : : : tlr�it : : : : Extehded: .................................. ....................... _ :........ .................. nt�t�r::: rice ....... RAISE EXISTING WATER METER TO NEW 8 8 FINISHED SIDEWALK SURFACE PER HB 1 EA $ $® . STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). Sir,. 00 9 9 (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $ $� AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $-j 500,0 $3 �7� b®.' 11 MOBILIZATION 1 LS $Q. $ci -A-s 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ CEO $ PREPARATION AND IMPLEMENTATION OF 13 STORM WATER POLLUTION PREVENTION 1 LS $ O oca $ O, b PLAN (SWPPP) Total Amount Bid in Figures: $ Total Amount Bid in Words: Ory1 {` r.c A-,,j- e uos Gi C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1® WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE * 14 340 LF ATTACHED 1" BY '/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ I 7� 3�{Q � "*V—' _. Total Amount Bid in Words: f /X ? C N IH-- 14a Nb/2eD w * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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 S10,000, whichever is greater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State_ of California that the foregoing is true and correct and that this declaration is executed on 6 7 , at &Z/AuAO , Date City State being first duly sworn, deposes and says that he o( she s of Wer A:f:S O-e-PP,)O the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Sig a e of Bidder Aj WJ__ •• - • : •• i C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: (�?p xv� Contractor By Title r 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 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: �7I- 3 L Contractor By Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: e"y1L L& rlks Bidder Name l,�i'r Business Address City, State Zip Telephone Number ,�-Y6_31s- /�, Z.d-V State Contractor's License No. and Class Jib / �9 --I-- Original Date Issued Expiration Date The work site was inspected by our office on �a / , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: 6�7y1,wL- 1,yo-Y'ks 6©e4 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. eyz/ 1,�go-/-ks i Comnanv Name Signature of Bidder -:b iq Printed or Typed Signature Subscribed and sworn to before me this LIV day ofJr�� , 201 MI�CH� A l F�FLORES BADILLA Commission # 1913056 z .'o Notary Public - California z z Los Angeles County MY -Comm. Ex Tres Nov"12p, 2014 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. cue© -5a n fo fne eG Name dnd Address of Public Age cy Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency '9cam 7, Name and Telephone No. of Project Manager: Y119''riflyAlG��'c� Contract Amount Type of Work Date Completed Name arrd Address Name and Telephone No Contract Amount blic Agency of Project Manager: 14�5 '3�%U Type of Work C-9 Date Completed BID BOND KNOW ALL BY THESE PRESENTS, That we, Civil Works Corporation of 9348 Oak Street, Bellflower, CA 90706 (hereinafter called the Principal), as Principal, and The Ohio Casualty Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of the Total Amount Bid Dollars ( 10% for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Lakeview Drive Sidewalk Neighborhood Rehabilitation Project NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 17th day of June . 2013 Civil Works Corporation (Seal) Principal rid---- T itle The Ohio Casualty Insurance Company By /Jefrref R. Grfde,, Attorney -in -Fact tiJY INSU� Co VD�p�RgT`9y Tn s z 1919\� o `O IyaM?S��db3J LEAS-10053 10/99 THIS --POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This -Pourer of Attorney limits the acts -of those named herein, and they have no authority to bindthe Company except in the.manner and to the extent herein stated. i.:... No 5901298:.: .Certificate .. " American Fire and Casualty Company Liberty Mutual Insurance Company ` The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of. - the State of New Hampshire, that Liberty. Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts; and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of In (herein collectively called the "Companies°), pursuant -to and by authority herein set forth, does hereby name, constitute - and appoint, Jeff fey R Gryde all of the city of Laguna Niguel " "; state:cf CA - each individually if there be:mm than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowiedge. and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings; bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as din on upon the Companies as if they have been duly" signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power.ofAttorney has .been subscribed by an authorized officer or official of the Companies and the, corporate seals of the Companies"have been affixed thereto this 19th day of December 2012. >; American Fire and Casualty Company: The Ohio Casualty Insurance.Company N: o _ Liberty Mutual Insurance Company m. WestAmencan InsuranceCompany =W.,m k.. M Nw„ By: >, C g ry W..Davenport,.Assistant Secretary ." STATE OF WASHINGTON - ss Gregory C +�.. COUNTY OF KING mOn this i 9th day of December : 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of.Amencan o v Fire and Casualty Company,. Liberty Mutual. nsurance Company, The Ohio Casualty Company, and West American' Insurance Company, and that he -,.as such, being authorized so to do; r p M execute the foregoing instrument for the purposes there in:contained bysigning on behalf of.the-corporations by himself as_a duly authorized officer. _. ` E y :> IN -WITNESS. WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle; Washington, on the day and year fiirst above written. O dim QCM C 'y BY, G i KD Riley,, Not Public 0> C" CD _ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of Americanfire and Casualty Company, The Ohio Casualty Insurance ; u) c_ Company, Liberty Mutual Insurance Company;, and West American Insurance Company which resolutions are now in full.force and effect reading as follows: c. R ;L ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other offiicial of the Corporation authorized for that -purpose inwriting by the Chairman or the President, and subject p c- m to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to.make, execute, seal, >% o E acknowledge_and deliver as surety any and all undertakings bonds, recognizances and other suretyobligations. Such attorneys -in -fact, subject to -the, limitations set foith in their respective" E powers of attorney, shall have full;power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal -of the Corporation:', When so :'� y executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or. authority granted to any representative or attomey-in-fact under '> '0 the provisions of this article may be revoked at anytime by the Board, the Chairman, the President or by the officer or officers granting such power or authority — t> ARTICLE Xiii - Executionof Contracts -SECTION 5. Sure Bonds and Undertakings. An officer of the Com an . authorized for thatpurpose.inwritin by "the chairman or the _ resident,- tY . _ 9. Y P Y 9 _. P : o0 > "' and subject to such limitations as the cnairman or the president may prescribe,.shallappointsuch attorneys -in -fact, asmaybe necessary to actin behalf ofthe Company to make execute, cv. p> seal; acknowledge and deliver as surety any and all undertakings, bonds, recognizances.and other surety obligations.` Such attorneys -in -fact subject to the limitations set#orth in their C 0000 Z respective powers of attomey; shall Have fulFpower to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company:When so - c executed such instruments shall be as binding as if signed by the president and attested 6y the secretary. = o m Certificate of Designation - The -President of -the Company, acting pursuant to.the Bylaws"of:the Co W. pany; authorizes Gregory,Davenport, Assistant Secretaryto.appoint such ~ affomeys-in-fact as may be necessary to act on behalf of the" Company to make; execute, seal, acknowledge -and deliver as surety any. and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the. Company's Board of Directors; the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing u on a certified'co of an power of attorney issued b the Company in connection with sure bonds, shall be valid and bindin upon the Coni an with PP 9 PY Y p _ Y y _ P . Y_ .. � g P - P. y _. "p._ the same force and effect as though manually -affixed. 'l, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company Liberty Mutual Insurance:Company, and West American Insurance Company doherebycertify that the original power of attorneyof which the foregoing is a full; true and correct copy ofthe Power ofAttomey executed by said Companies'-,:_ is in:full formand effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this '`_th day of "June 20-" 13 , � By: David M. Carey Assistant Secretary 12873 092012 1.10 of 251 - State of California County of Orange On June 17, 2013 before me, P Zelis, (Votary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,� P.IEIS ' COMM. #1974059 z Notary Public - California 0 2 " 3r: Orange County Comm. Expires Apr. 29, 20Ifi (Notary Seal) ADDITIONAL OPTIOIN,AL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description i,fsttan rGd ch: xasatp � l irly Or CICCrlP#Jrrrl Ofatrachud Claeu,nent erarttinu44) I'viaMEMT OfPd!;18 LkiLunicnt Date (Additioml mfor-rnmscn) CAPACIT'r' CLAIMED BY THE SIONNER Inds idlllal (S) Corpa,raw a)ifkcr T ei C P3i IneT(S) � Attcrrn�y-3�-Fat<r _ T3u,-,1=0) FNSTRUCT ONO S FOR 00ty '1_.ETING TMS FORM AMV ucktrtrtth'rfgni arc eri,gnpleteti in CaFifiirrtl,t atrra�At i'0Aj,-Crn ve'r6iage ara tl.- rr >ai?Peers ex"o a in i e rrorary secriar] or a st:,tu)we raekno"Ietfgmeni form musr b flrrf{aEd- c comp{ eterf utad' cartached To circa document, T. e an{>' 'rCepliml is 2f ` a tiorraorgnt is: to be re.con W ca1rasf4'e o! 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Iix, Ifm'sise,,� is ?rya ) or cir,,ling dw corrt^et fnnsrs, ramitttre to :trrtctly indicate taais infcnimlion amity lead to rcpeatitna ;>f tlt2cutnant reci rdiaae_ rke notary seal ivapmssion tanist be clear ;trwl 01Mwep phically repr uCitale I mpression Mist nrs evvsr text car lines. If sell! impression'Ptmud€es, IV -se -al it to suffilcicna area permias, olllt an •isl� cumplelt a differml aekntrwted lto-.it fonts. • Signarure t-tf fife acAarj pmhlie rilost Mate;h the RgIlaturc on file with the nfficp vI the Qoomy cietk, 10, Additiimal intarmabon is atxt nevittiTed but weld help to emor` this ababowic-dgment is not ttaisu�ed or anached to a dtiferen€ dncaaatlocnt. +' Endieato riiN ni' tyke of a u ached document, nttanher ,rfpsge� and d-ae. dr tndicare the <:ap:ucaaf claimed by the signer_ if the claiinesl capuciiy is a ;:+)rporaw of fixer, indicate the tale {i.e. CEO, Cff), Stcrrlaryg. E Sei;urtly attach Ibis document to the signed do ument _ City ®f 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 September 25, 2013 G2K Construction, Inc. 17070 Encino Verde PI Encino, CA 91436 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC- 1441. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand 62le- Comm-u oiDN, r N e 17070 GNGI N O VPPe FL, eO (-W 6 , CA '914-3 SEP, LE-D s Ao r LA-Mv IW D/d11-t� S lDEtn1,,,�UC NMIC-00 � ND (�1 �► L IT •4?b41 P GC Ce- fib. (�-I (�4-v?' Of N%Co TW BEx�c�A , C,,!�, o' 2G SECTION C PROPOSAL for the construction of LA EVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview C irele CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $10% of Amt. Bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received idder's Signature C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILIT'A'TION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY %" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ �' S IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Gcir.. .: Ete�: : :::. . . .:. .:.:.:.:.:.:.:.:.:. . . .:.:.:.:.:. .: :Coin. . . .:::::. . . .:.:. ...:. . . . icl. . Note :::w ...................... .:::::: :::: p�scc�ptiori : = :: ' : ::Au ntity ::lJnit::::: : riCe : : . : A�iit�iitit : REMOVE AND CONSTRUCT SIDEWALK 10 9300 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ $ SHEET 2 2 2 REMOVE AND CONSTRUCT SIDEWALK WITH FOOTING PER HB STD PLAN 207 2,850 SF $ _ $ cab AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1" BY 1/4" GALVANIZED �1_��1CO 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF $� $ FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. 4 4 ROOTS EXTENDING UNDER NEW SIDEWALK SHALL BE PROTECTED BY 13 EA $ OC $ (pLeo FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" 5 5 CONDUIT WITH PULL ROPE AND 6-14 AWG 600 VOLT TYPE OF IRRIGATION 630 LF G $ U $C CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) 6 6 LOWER EXISTING GALVANIZED HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $�� $ 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ c $ HANDRAIL AND FOOTINGS. C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 GvnstItI66i .::::::::::::::::: ; ::: :�zsi�tract; ::::::::::: : Unit: p�scPlptiort :QvAntity::: U.n;t::::::: Puce::::: :::Arrtt�ittt :: RAISE EXISTING WATER METER TO NEW S�� y D �� 8 8 FINISHED SIDEWALK SURFACE PER HB 1 EA $ $ STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). $ 10O $ O( 9 9 (ITEM INCLUDES SLOT PAVEMENT AND 20 LF AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $ $ 11 MOBILIZATION 1 LS $ $ 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ $ c 13 PREPARATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION 1 LS 102 CL PLAN (SWPPP) Total Amount Bid in Figures: $ c�� �� Total Amount Bid in Words: n j�"&Iced C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM Item Contract Unit Extended No. Quantity Unit Description Price Amount ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM 14 340 LF TOP TO BOTTOM (INCLUDING THE ATTACHED 1° BY %" GALVANIZED $ $ STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ u 1 Total Amount Bid in ...................-'—...... �^1:_.._._:........... * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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 S 10.000, \N It ichever is greater. and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract ),W( f i V, &OA-s-r Q)�4_MUG, f Of) erw try rcov g 13 I 19 �}S44rL 3` G COLD �P 1zo N N 5C fir g3a a 1500 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/18/13 , at Encino , Ca Emilia G. Levy President Date City State being first duly sworn, deposes and says that he or she is of G21K Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. G21K Construction, Inca Name of Bidder Emilia G. Levy Signature of Bidder 17070 Encino Verde PI. Encino, Ca 91436 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: 6/18/13 G2K Cpnstruction, Inc. Contractor 11� • Emilia G. Levy By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes A No If the answer is yes, explain the circumstances in the space provided. n/a Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6/18/13 G21K Construction, Inc. Contractor By President Title Emilia G. levy C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: G2K Construction, Inc. Bidder Name 17070 Encino Verde PI. Business Address Encino Ca 91436 City, State Zip ( 818 ) 889-6046 Telephone Number 940662 A,B State Contractor's License No. and Class 12/9/09 Original Date Issued 12/31/13 Expiration Date The work site was inspected by Ezra Levi of our office on G , 201). The following are persons, firms, and corporations having a principal interest in this proposal: Emilia G. Levy Moshe Levy C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. G2K Construction, Inc. Company Name Q� Sign ure of Bidder Emilia G. Levy Printed or Typed Signature Subscribed and sworn to before me this %* day of J A/" NOTARY PUBLIC *VU0R-,D^' , 201.-�3. AMELITA R. DIAZ Commission #►1968484 Notary Public - California Los Angeles County Comm. Expires Feb 3, 2016 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency t. Name and Telephone No. of Project Manager: Contract Amount Type 44mVk Date Completed Name and Addre of P/u��b "c �fcy Name an elephone Nii- o Project ager: Contract Amount Type of Work Date Completed Name and kddress of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 Project Name & Location Building "I" Bookstore Renovation at the Liberal Arts Campus 4901 East Carson St. Long Beach, CA 90808 Erringer Fire Station #47 2901 Erringer Rd. Simi Valley, CA 93065 Jefferson Middle School Sports Field and Fitness Center Project 1372 E. Las Tunas Drive San Gabriel CA 91776 G2K Construction, Inc Owner Contact Name Tel. Number Long Beach Community College District 4901 East Carson St. Long Beach, CA 90808 Lisa Hernandez 562-93 8-5068 County of Ventura. Public Works 800 S. Victoria Ave. Ventura, CA 93009 Susan Pan Project Manager 805-658-4354 San Gabriel Unified School District 408 Junipero Serra Drive San Gabriel, CA 91776 Susan Celaya 626-451-5429 17070 Encino Verde 'lace Encino, CA 91436 Tel No. 818-889-6046 Fax No. 818-889-6048 Lic. #940662 Architect or Engineer Contact Name Current Phone Number Martinez Architects 805 Pershing Dr: Ste. 201 Playa Vista, CA 90293 Norberto Martinez 310-3 06-4709 WLC Architects, Inc. 8163 Rochester Ave. Suite 100 Rancho Cucamonga, CA 91730 Kelly Needham, Principal Architect 909-987-0909 IBI Group (formerly Thomas Blurock Arch) 18401 von Kaman Ave. Ste 11 Irvine, CA 91612 Lindsay Thompson 949-833-5588 Construction Manager Contact Name Current Phone Number Cordoba Corporation Bond Management Team, LBCCD 4901 East Carson St. Long Beach, CA 90808 Lisa Hernandez 562-938-5068 AMG Associates, Inc. 26470 Ruether Ave.#108 Santa Clarita, CA 91350 Douglas Smith 661-251-7401 Abacus Project Management 20201 SW Birch Street Suite 240 Newport Beach, CA 92660 Randall Gamache 949.851.1015 Related Information Renovation Construction Value: $2,160,097.67 Start Date: 11.15.10 Date Completion: 2.15.12 New Construction Construction Value: $2,816,633.00 Contract Start Date: 4.18.11 Contract Date End: 11.10.12 Working days: 280 calendar days % completion: 100 % New Construction Construction Value: $3,950,089.42 Const. Start Date: 12.5.11 Est Const Date end: 12.23.12 Date Completion: 12.19.12 Working days: 365 calendar clays % of completion: 100 % co c 0 Aco N 0 0 N C a 0 3 0 A 0 9 I, G2K Construction, Inc 17070 Encino Verde Place Encino, CA 91436 Tel No. 818-889-6046 Fax No. 818-889-6048 Lic. #940662 Subject: Project References Contracts Completed in past (5) Years ATI:' f07 X2-- Project Name Owner Architect or ]Engineer Construction Manager Related Information & Location Contact Name Contact Name Contact Name Tel. Number I Current Phone Number I Current Phone Number Huntington Beach High School Bldg `E' _Southside Bleacher 1905 Main Street Huntington Beach, CA 92648 West Valley Refuse Maintenance Facility & Upgrade 8840 Vanalden Ave. Nort hridge, CA 91324 LAHC-New Child Development Center I I I I Figueroa Place Wilmington, CA 90744 Huntington Beach Union High School District 5832 Bolsa Avenue Huntington Beach, CA 92649 Celia Taylor: 714-903-700OX4350 Fax:714-372-8105 City of Los Angeles Dept. of General Services I 1 I E. First Street, Rm 601 Los Angeles, CA 90012 Mark Butler 213-978-3793 Build-LACCD 915 Wilshire Blvd. Ste. 810, L.A.CA 90017 Dan Robb 213-996-2589 Datuel.robbnbuild- pjhm .Architects 647 Camino de los Mares, Suite 201 San Clemente, CA 92673 Robert Lenz 949-496-6191 RlenzQpjhm.cow City of Los Angeles Dept. of General Services 111 E. First Street, Rm 601 Los Angeles, CA 90012 Mark Butler 213-978-3793 PBWS Architect 1040 Lincoln Ave. W. 200 Pasadena, CA Jennifer McIsaac 626-432-5000 McCarthy Building Co. 1905Main Street Huntington Beach, CA 92648 Ron L. Langhoff 714-841-8172-Tel 714-841-8872-Fax rlan2hoffn mccarthy.com City of Los Angeles Dept. of General Services I I I E. First Street, Rm 601 Los Angeles, CA 90012 Mark Butler 213-978-3793 ARCADIS U.S. Inc. I I I I Figueroa Place Wilmington, CA 90744 Jennefer Garcia 310-221-8308 Modernization: Type —V-1 Construction Value: $2,211,134.00 Started on 01-14-2009 % of work Completed :100% START: JAN. 2009 TO SEPT 2009 New Construction Construction Value: $ 7,769,363.75 Original Scheduled Completion % of Work of Completion: 100 START: OCT. 2007-APRIL 2010 Under LEED Certification New Construction Construction Value: $6,580,811.00 Original Scheduled Completion % of work of Completion: 100 START: SEPT 2008 TO JULY 2010 22 00 0 A w 9 0 m N N 0 W The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, G2K Construction, Inc., as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntinqton Beach as Obligee, in the sum of Ten Percent of Amount Bid (10%) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Lakeview Drive Sidewalk Neighborhood Rehabilitation Proiect from Westlake Circle to Shoreview Circle, CC No. 1441 NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of June, 2013. nl",uABY (Witness) ITS: G2K Construction, Inc. lO9 F, f -11)M-i Principal The Guarantee ompany of North America USA BY: (Witness) illiam n, Attorney -In -Fact CALIFORNIA ALL-PURPOSE - ar - er e+r- a-r' �- . esg er ey �- �' a � ey •- � � er �z e��er4 air-rr- a� - er STATE OF CALIFORNIA County of Los Angeles On June 14, 2013 before me, Corinne L. Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Names) of Signer(s) CORINNE L. HERNAi1DEZ f k-? Commission # 1905285 Z Notary Public - California Z „ Los Angeles County v .My Comm. Exo res Sr..p 2 . )014 who proved to me on the basis of satisfactory evidence to be the person(() whose names) is/ -are subscribed to the within instrument and acknowledged to me that h�eq executed the same in his/her authorized capacity(ies), and that by hisA4e4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my and official s I. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Off icer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: @ 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 TIDE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield; Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William .Syrkin, .Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Anu Bauer, Richard Leroy Adair /Mlilleunium Corporate .Solutions, Ii:c. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. 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. 4. 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. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. 'Fe IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. `✓ �` THE GUARANTEE COMPANY OF NORTH AMERICA USA P 6tl STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takat AN ERMfr Notary Public, State of Michigan County of Oakland M Commission Expires February 27, 2018 •i-s .: y; Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musseiman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. o *et cc IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14 day of June, 201.3 W P Randall Musselman, Secretary City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk September 25, 2013 HYM Engineering, Inc. 6380 Roland St. Buena Park, CA 90621 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, f Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand HYM ENGINEERING, INC 6380 ROLAND STREET BUENA PARK, CA 90621 t m '10C f Nil, Lz a r r r ''_r_. rr`5��4� r�"`t a rr'` q �" 4� t u � -a� 9 1•m _ � fi y P u t a SECTION C PROPOSAL for the construction of I. A EVIEW DRIVE StDEWAL NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find b in the amount of $ & ODD which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NIA C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY %4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ ��8. 0� * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT DID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Dtigst: :item : : : : : : : : : : : : : : : : : : : : : : : : : : . . : : : :Cisi�tract : : : : : : : : tFnit ::::: :: �xtehdod: ....... .................................. Note -::No.::::::...- :::::::::::: Description ::::::::::: ; : .................. :Quantity:::lJt�it:::::::PtiCe::::::::Arrtgiitrt REMOVE AND CONSTRUCT SIDEWALK 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ 80 $ 7, 1S SHEET 2 REMOVE AND CONSTRUCT SIDEWALK 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF $ $ 4b, 00 AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1" BY 1/4" GALVANIZED 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF $b $ OlfT1 FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW SOO 4 4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ $ CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ 410 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ /00 $ HANDRAIL AND FOOTINGS. C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Gc>r3st:: �i�:::::::::::::: zteriaad ....... .................................. Note ::::rs1 . ........... : : :: : OeSOIpt(oh :::::::::: : : :: .................. :41u n}itjr::.lJn;t. . . .Puce . . ..... ; ::A iorint: : ..... RAISE EXISTING WATER METER TO NEW 8 8 FINISHED SIDEWALK SURFACE PER HB 1 EA $ &00 $ OQ STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND 9 9 GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $ $ J,41-V� AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $ /d O� 11 MOBILIZATION 1 LS $ LO, 000 $ 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ PREPARATION AND IMPLEMENTATION OF 13 STORM WATER POLLUTION PREVENTION 1 LS $ le) DDT $ /0, 000 PLAN (SWPPP) Total Amount Bid in Figures: $ /3 '7 19z/ . 0� Total Amount Bid in Words: ne uh Y f !'tc( C-2.s SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1® WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE " 14 340 LF ATTACHED 1"BY W GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ Total Amount Bid in Words iva-�%oc�an� �.v Is Z,i/o * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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 Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 6 �Pc Teti' ► S , INC 9 C/ ;��i3O0 1 10 Ppihf Nihtenh 390f r0- Cs`►,re ,#wd. to-4 !fin efes CA ooiv pr x1o, oz)a % aq /a By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the/State of California that the foregoing is true and correct and that this declaration is executed on Q /3, at�/�,yt; , �A Date City State AbKA46 T , J Poyl , being first duly sworn, deposes and says that he or she is Drams t of HIM Im-meerr�.g ,�ly C the party making the fo er going 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. WM C-gyn� �( , 3;1 c Name of Bidder Signature of Bidder X3ge A01and Buena PC414- , 0 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIIa:W DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: O /fig />V / a C-5 tIL14 45iiyiheeyigg / ZhG Contractor By ,res,deW -f— Title 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 9No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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: C-7 8�14 X7g(27 Contractor Y BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: IVft -f%i I'i'y7m Bidder Name Business Address Rue rra Y1, CA 949 �/ City, State Zip ( ~l// ) 4� 3 - -; 3 P- Telephone Number 18/-3o A, I3 State Contractor's License No. and Class /- .-)-q -)-008 Original Date Issued / 3/ —�)-o As - Expiration Date The work site was inspected by ,eb 60 J, Jill of our office on , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: /�' • //1101 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. HYR 61TInee,- - A c-- V Company Name Sianafu-r—eof Bidder ,9Ahv)-, sef-7-r Printed or Typed Signature Subscribed and sworn to before me this day of 7�y1e- , 2013 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: ,wt of Name and Address of Public Agency �ivank hazc�-ada Name and Telephone No. of Project Manager: 61- BOIL' 14>a Contract Amount Type of Work Date Completed 2. l C &hlFe I r1(s , 3aa ,t'�'. Xiloo - s� ,� Surma l7% Name and Address of Public Agency Name and Telephone No. of Project Manager: q/Aw Srye Zr�w � Contract Amount Type of Work Date Completed 3. C�-r'� o �,- e�o� . 17111 tVe6L -ew-& 6A 922:!V Name and Address of Public Agency Name and Telephone No. of Project Manager: 3/0 ---)-1'7- 9v�q Contract Amount Type of Work Date Completed C-9 CERTIFICATE OF ACKNOWLEDGMENT State of California County of OC On G /y/ 2013 personally appeared before me, Tracy H. Ko, Notary Public (Here insert name and title of the officer) Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(6} whose name(&) Is tee -subscribed to the within instrument and acknowledged to me that&4ieiey executed the same in &ATerftheir authorized capacity( es•), and that by( lerA e signattire(s) on the instrument the persoi4s), or the entity upon behalf of which the person* acted, executed the instrument. I certify tender PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and collect. WITNESS my hand and official seal. TRACY H. KO _ Commission # 1901612 •-ce ! Notary Public - California 2 z ice' Orange County r My Comm. Expires Aug 27, 2014 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) &R Corporate Officer President - Hym Engineering (Title) ❑ Partner(s) ❑ Attorney -hi -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmovledgment 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. /n such instances, any alternative acknowledgment verbiage as anal+ be printed on such a document so long as the verbiage aloes not require the notary to do something that is illegal for a notmy in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully far proper notarial hording and attach this form if required. • State and County information nest be the State and County where the document signer(s) personally appeared before [lie 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 nanne(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/thay is /ate ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com BONDS _ Bid Bond Contractors Bonding (Public Work) and Insurance Company AMMAR1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 For the CBIC branch INSURANCE nearestynu, call Toll Free (888)283-2242 (888) 293-2242 FAX Premium: N/A Know all by these presents, That we, HYM Engineering Inc , as Principal, and Contractors Bonding and Insurance Company,as Surety, are held and firmly bound unto City of Huntington Beach Ten Percent of Total Bid Price ------------------------------ ------------------------------ Dollars, ($ for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, firmly by these presents. Obligee, in the sum of 10% Whereas, Principal has submitted or is about to submit a bid to the Obligee on a contract for Lakeview Drive Sidewalk Neighborhood Rehabilitation Project from Westlake Circle to Shoreview Circle CC No. 1441 ("Project"). Now, Therefore, the condition of this bond is that if obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise the Principal and Surety will pay to the Obligee the difference between the amout of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person or entity to perform the work covered by the Principal's bid, but in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. Signed and sealed this 18th day of June HYM Engineering Inc (Seal) Principal Contractors Bonding and Insurance Company i/ By: William S in Attorney-inFacr. BndBID.01-US032905 Contractors Bonding and Insurance Company 3101 Western Ave., Suite 300 Seattle, WA 98121 an RU Company Know All Men by These Presents: POWER OF ATTORNEY EY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Willliam Syrkin Sergio D. Bechara, Rebecca Haas -Bates, jointly or severally in the City of irdne , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars (_ _$10.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 9th day of May , 2013 `, 9140 AND /',����i� �0�90. GOPPo R,qr� � �• SEAL '�- yO.'• r' - 0 State of Washington 1979 I '• • � • � .•' SS----4q�48N'NG'SG���``��`� County of King On this 9th day of May 1 2013 before me, a Notary Public, personally appeared Roy C. Die . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. ller Notary Public Notary Public State of Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2016 Contractors Bonding and Insurance Company Roy C. Die x Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and thq pgljqf the of Cont acto s Bonding and Insurance Company this _, day Contractors Bonding and Insurance Company .LA. Roy C. Die Vice President 0475199032912 A0059511 ?v-',ill W ?_.,v.�a..•�2rT:w..nc�av�''A.�a�..?�S;s].ti�S�i.c�c �.'C-�S;.]>'t� .',�L!a��i_.�.,.:�v'?��,T.v���. �v�.:�i..:�. ,:i, w�%ln,.C..3..�:.vd State of California County of Orange On 06/18/2013 before me, A. Wilkison, Notary Public Date Here Insert Name and Tdle of the Officer personally appeared William Syrkin Names) of Signer(s) A. WILK]SON _ Commission # 1866283 a Public - California z Notary z' A Orange County D My Comm. Expires Sep 26, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.&) is/efe subscribed to the within instrument and acknowledged to me that he/sfteftF+ey executed the same in his/faA;4hLq' authorized capacity(iee), and that by his/I4e##w4 signature( } on the instrument the person(*, or the entity upon behalf of which the persons} 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 ..nn Signature �7 'f �� oDc Oo.� Signature of�lotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 06/18/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General 0 Attorney in Fact " Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: Contractors Bonding and Insurance Company Number of Pages: One (1) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — O Limited ❑ General Attorney in Fact C Trustee Guardian or Conservator ❑ Other: Signer Is Representing: FttGrrT tutaesir op of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NalionalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of OC On /g/ 2013 personally appeared _ before me, Tracy H. Ko, Notary Public (Here insert name and title of the officer) Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(6) whose nam*)rs subscribed to the within instrument and acknowledged to me that&siieAkey executed the same in C AmTftheir authorized capacity(ie&), and that by(114-tet� signatu e(e3 on the instrument the persor4.&), or the entity upon behalf of which the person(-s-} acted, executed the instrument. I certify Linder 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. 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) iR Corporate Officer President - Hym Engineering (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other TRACY H. KC Commission # 1901612 Notary Public - California z orange County y INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the noicny 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, hh such instances, airy alternative acknowledgment verbiage as rncol 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 Califor»ia (i.e. certifying the authorized capacity of the signe)). Please check the dochanent carefully far proper notarial wording and attach this form if required • State and County information must be the Slate 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 tlhen 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. lie/she/*ae - is /ara ) 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 seat 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 clainmed 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 v12.10.07 800-873-9865 www.NotaryClasses.com 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 September 25, 2013 Mora's Equipment & Construction, Inc. 9245 Nan Street Pico Rivera, CA 90660 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, LL Z Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan * Waitakere, New Zealand 0 V� C� �c�,�� I�1C NJ C�y ��OY(nS -SAN C- 'a �IS 1� G � s�- Co CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of LAKIEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 in the CITY OF HUNTINGeTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: JUN]E 18, 2013 2:00 PM, 2ND FLOOR City Clerk's Office 2000 Main Street TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 Prepared Under the Supervision of. - Jim R. Wagner, R.C.E. No. 51911 Date Approved by: PE, City Engineer, X.C.E. Ao. 33i00 Date SECTION C PROPOSAL. for the construction of ILAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake cCircie to Shoreview cCirele CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,. the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find vol in the amount of $ I 000 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature N C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY 1/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Const :16EIK' :Oc�ntra�i :tfr�it: teridecl : pesc[iptioir :C.ir��rit�gt:: Unit:: PrEce:. Aicui REMOVE AND CONSTRUCT SIDEWALK ()` O 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ $� SHEET 2 2 2 REMOVE AND CONSTRUCT SIDEWALK WITH FOOTING PER HB STD PLAN 207 2,850 SF $5' $% AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A 3 3 (INCLUDING 1" BY 1/4" GALVANIZED STEEL BAR), IN NEW SIDEWALK WITH 340 LF $ �0• $ �LbU FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW 4 4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 06 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ $ !S� I CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) 6 6 LOWER EXISTING GALVANIZED HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ i;fQ' v' $ 6,606 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ 6 s' OV $ HANDRAIL AND FOOTINGS. C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Coir�st::: Eteir�::::: : ::::::::::::::::::::::::::::::: : : : . :Cx�t�ba�t:::::: ; ::: ; : ` ::: tin i4 .... . :: Xteridacl: ;Nora:.:.:.:.....ptioi.:....:::....:Gi ............... ...t..:.. nit:..:. Pike.:.... ►?o.. . RAISE EXISTING WATER METER TO NEW 8 8 FINISHED SIDEWALK SURFACE PER HB 1 EA $'�370 0_ $ STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). 11100 9 9 (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $:2 b - $ AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $ /4W O $--7;5 DO 11 MOBILIZATION 1 LS $ 10, 060 $/0 060 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ $ AND IMPLEMENTATION OF LL13 LPREPARATION WATER POLLUTION PREVENTION 1 LS $� $ SWPPP) Total Amount Bid in Figures: $ %�1 3570 ' ° O Total Amount Bid in Words: Oyie, 6,(,eA �N e --f�zu C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM Item _ Contract Unit . Extended No. Quantity Unit Description Price Amount:. ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM 14 340 LF TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY W GALVANIZED $ L Sorb $ STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ ) ��D U• ` o U i Total Amount Bid ...in...Words: ............� �..���..............I..!'�.��.�!._�.........�t e__..�U�f�!�P.�.._. ��..I.letfs_._... * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 e.tlll�� 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 Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract SG � Z �'�c�Lc1v�f1I5C U �e Li 3g C,�r�c . 611� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoin is true and correct and that this declaration is executed on (0"17-13, at ?itv Tk;y.er, , C1/1 Date City State TM� 040M , bein first dy� y sworn, epoj' s and says that he or she is of I /% S 7 u�D � 63 , the party making the foregoi g 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 Coll s've or sh m bid. ohas �� (sic- - C�zcvi� l/1/Ior�. Name f id er / f/JIDfwr ,Z!?.r. Si atur f Bidder Address of Bidder 'W(eo C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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. 's , w MT Con 2n;�_ �u f� - l3y F f&jtxwI Title Date: 0� / /% I f3 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 51 /No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance o�k his,c c Contractor By Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the folloinforinatioO true, and cor`rgc�: 111 /l r7. S 7 r/i,1 /)tM d4� 4 Bidder City, = State Zip 02 ) 9V51- /0 -35 Telephone Number �� /'�1 Gill-)C4 I State Contractor's Lic fnse Njo,. and Class Original Date Expiration Date The work site was inspected by T/i fJU of our office o201--4. TJae-following persons, firms, and corporations having a principal interest in this proposal: wmiS l--> l/j C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 1 In f' e Subscribed and swo NOTARY PUBLIC V 100 : Company Name • Printed or Typed Signature to before me this ��day of ud , 2013 . RE NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: NamAnd Address of Public Agency Name and Telephone No. of Project Manager: Contract A unt Type of Work 2. �4� r/,4.4" AV& (11 Name`and Address of Public Agency ame and Telephone No. of Project Manager: /q,9 M -C- .. eiwa�� Contract Amount Type of Work 3.6�ye�TA��V"X Name 6d Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-9 /�/) 738 -605-1 Date Cor%pleted 21 v zhia, ce. Date Completed Vnffl a� � Date Completed ASENCION ESPiNOZA Commission 0 1957141 Notary Public - California Los Angeles County M Comm. Expires Oct 20, 2015 THE AMERICAN INSTITUTE OF ARCHITECTS Bid Bond No. 1000838962-11 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Mora's Equipment & Construction, Inc. 9245 Nan Street Pico Rivera, CA 90660 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC No. 1441: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project from Westlake Circle to Shoreview Circle in the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the Prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation *iall be null and void, ot�ravlse to remain I force and effect. Signe yn se ed t ay of June, 2013 Mora's E ui ment & Construction, Inc. The 4hio Casualty Insurance Company Rebecca na ness t e Adriana I z la, ±torney-in-Fact AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735, N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT State of California County of Orange ) On June 11, 2013 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the perso%'whose name�s-ris/gre— subscribed to the within instrument and acknowledged to me that he-rhe/the executed the same in pis/her/tl�tr authorized capacity0es); and that by_F ''sfher/tti,--ir-signature(s)-on the instrument the persop(s-y, or the entity upon behalf of which the persor)(�racted, 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 (Seal) SUSAN PONSELL 2 comm. # 1927069 +n 2 NOTARY PUBLIC - CALIFORNIA Z L� ORANGE COUNTY My Commission F��ires Mann 27, 2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This P`_'ver of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5939566 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ADRIANA VALENZUELA; LOURDES LANDA; MARK W. ROSSKOPF................................................:....................................................................................... ................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................. all of the city of FULLERTON , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of January 2013 American Fire and Casualty Company -'� The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company Q "` ;r = ..,, West American Insurance Company y tR +% = Gregory W. Davenport, Assistant Secretary STATE OF WASHINGTON ss = cv COUNTY OF KING _ — O QOn this 8th day of January 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ W a, y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. O By: 4-4 0 a KID Riley, Not Public � OCL _ 3� do Q_ This Power ofAttorney is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance u) c Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: LARTICLE IV— OFFICERS —Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p = a; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, Q O = acknowledge and deliver as suretyany and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective :a E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so y G executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > c the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. r N = ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, E co > Q and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,.execute, M p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their = co o Z 0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When. so v executed such instruments shall be as binding as if signed by the president and attested by the secretary. p Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies, is in full force and effect and has not been revoked. i I I I IN TESTIMONY WHEREOF, I have he set my hand and affixed the seals of said Companies this day of 20 v B Y: st ;. David M. Carey, Assistant Secretary _ LMS 12873 092012 ACKNOWLEDGMENT State of California County of On, 1,2 ; Zoe ;� before me, Q � �, ��,; u (insert name and title of the officer) personally appeared C (,C� U_ _�� f r) 0 Yq who proved to me on the basis of satisfactory evidence to be the person(sl whose name)" is/ay4§ subscribed to the within instrument and acknowledged to me that he/sue/toy executed the same in his/her/thq,rr authorized capacity(), and that by his/FAY/tvrr signature on the instrument the person(4, or the entity upon behalf of which the person yacted, 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. lieASEN ESPIi W Conwdesion # 1957141 Rory PuM - California Los Angeles County Signature M Comm. Ex ices Oct 20.2015 9 ,lam (Seal) City ®f 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 September 25, 2013 PTM General Engineering Service Inc. 5942 Acorn Street Riverside, CA 92504 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand �l!.i J �.�o_�` s � �,i ICI �i I�'' ry SECTION C PROPOSAL for the construction of LAKE'VIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 35 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 mid time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates' within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bidder's bond in the amount of $ 10°�° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: -Ad IV DteteReceiretl.: Bitlder,`s'Si tzahire None (per Jim Wagner on 6/17/13 at 10:37am) C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE 41: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY %" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE 41 TOTAL AMOUNT LUMP SUM BID IN FIGURES: 2Rgc�o .ace * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 or�st::Iterr} ;t.a� ........ :: : : : : ::: : : :: :: : :: :: : .::: p�sci�ptioi i ::: . : : :.:.:.:.:. nti'act :4la gjtit : _ : tJ it : = ::::Ljfr�it:�xterided:: :.. , .... 1 1 REMOVE AND CONSTRUCT SIDEWALK PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ ad $ SHEET 2 2 2 REMOVE AND CONSTRUCT SIDEWALK WITH FOOTING PER HB STD PLAN 207 2,850 SF �pp $ $ jQf!i• AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A 3 3 (INCLUDING 1" BY 1/4" GALVANIZED STEEL BAR), IN NEW SIDEWALK WITH 340 LF $ $ OOO- FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. 4 4 ROOTS EXTENDING UNDER NEW SIDEWALK SHALL BE PROTECTED BY 13 EA p $ b� • �O $ ����' FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" 5 5 CONDUIT WITH PULL ROPE AND 6-14 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ 15` % CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) 6 6 LOWER EXISTING GALVANIZED HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ �� 00 $ Lt%56` 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING HANDRAIL AND FOOTINGS. 20 LF $ 100 Oes $ ZOM • QO C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:........::::::tEr�ft: :: : xtetid d : Nota: ;: �o� :::::::::::::::: ..... p�scc�ption :..:. : = : = :::Qa r�}Ity: ... ;: tJ��t: I ...:lpricr'= :: ............... :::Ar' r�: 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB 1 EA $ HO • W $ 1 b®"o0 STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD, PLAN 202 (CF=6"). 9 9 (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $ 1®�• 00 $ Z - 0 AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $ i 9W • (16 $ l %Q®• 00 11 MOBILIZATION 1 LS $ 11,50dB06 $ 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 3566. 6. w $,3550 •coo PREPARATION AND IMPLEMENTATION OF 00 rJ✓`60' Od 13 STORM WATER POLLUTION PREVENTION 1 LS $ 5750d , $ PLAN (SWPPP) Total Amount Bid in Figures: $ SQL/ Total Amount Bid in Words: Noe- 6VAyel st" u ctL& C-2.; SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #I WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE 91.: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM Item C6wAct Exten nd ded No.-TF JQuAtAity, n ese ip io- D t " n': P nce.�, moun ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM 14 340 LF TOP TO BOTTOM (INCLUDING THE ATTACHEDT' BY 1/4" GALVANIZED $ $ ex) STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures:$ o Ttal Amount Bid in Words: ...... . ... . ... . ...... ..... ......... ... ........ . .... . ..... .... -1-1.1-1--.1.1 . .. . ... . ....... . ................. .......................... . V,0 v,&Xe—(& eeA-5- 11 * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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. Btd Nnme arzil Address of siiWcOTitracrq State 't Class Dollar, Item(s) Lrceirse 14i<�zoutit Contract >.. Number CT & T Construction Inc. Iq 324 S. Diamond Bar Blvd. PMB 275, Diamond Bar, 91765 La �V License No. 868434 Exp 11-30-13, Class C12 & C8gs t 1 Tel: 909) 396-8453 Fax: 909) 396-0522 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/17/13 , at Riverside California Date Citv State Elizabeth H. Mendoza de McRae being first duly sworn, deposes and says that he or she is President/CFO of PTM General Engineering Services Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or shah bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PTM General Engineering Services Inc. Name of Bidder zabeth H. Mendoza de McRae, President/CFO \1 Signature of Bidder 5942 Acorn Street, Riverside, CA 92504 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIEW DRIVE SIDENVALK NEIGHBORHOOD RE11ABILITATION P GJECT, CC No. 1441, (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be peg, formed 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: 6/17/2013 PTM General Engineering Services Inc. Y tractor zabeth H. Mendoza de McRae By President/CFO 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 0 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. c-6 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: 6/17/2013 PTM General Engineering Services Inc. ,(ontractor Elizabeth H. Mendoza de McRae By PresidenttCFO Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PTM General Engineering Services Inc. Bidder Name 5942 Acorn Street Business Address Riverside CA 92504 City, State Zip 951 ) 710-1000 Telephone Number 891265, Class A, C10 State Contractor's License No. and Class 2/2007 Original Date Issued 2/2015 Expiration Date The work site was inspected by Brian Mendoza of our office on June 17 , 2013 . The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H. Mendoza de McRae, President/CFO Brian Mendoza, Vice President/Secretary C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. General Engineering Services Inc. Name Signature of Bidder Elizabeth H. Mendoza de McRe, President/CFO Printed or Typed Signature Subscribed and sworn to before me this 17th day of June , 2013 . 6a 4� NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I , County of Riverside, 3525 14th Street, Riverside, CA 92501 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Ivan Mendoza $211,939 Traffic signal and lighting at Clay St. & De Anza Plaza Dr. 6/2011 Contract Amount Type of Work Date Completed 2. City of Newport Beach, 3300 Newport Beach Blvd., Newport Beach, CA 92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Brad Sommers, Tel: 94-644-3326 $547,050 Traffic signal rehabilitation 1112012 Contract Amount Type of Work Date Completed 3. Cal Trans, 1727 30th Street, Sacramento, CA 95816 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Danh Thai, Tel: 949-279-8803 $354 453 12-01-5504 Upgrade traffic signals 11/2012 Contract Amount Type of Work Date Completed ME All Purpose Acknowledgement State of County of On , before me, Lui Wei date) (notary) personally appeared, Elizabeth H. Mendoza de McRae (signers) ❑ personally known to me -- OR -- LUI VAI commies" * 2021M Notary Pd t • Ci Tali 0" C (seal) proved to me on the basis of satisfactory evidence to be the person(,$) whose name(s) is/aDesubscribed to the within instrument and acknowledged to me that he/sheltlxrycexecuted the same in his/her/their authorized capacity(i j, and that by her/t Ke imsignature* on the instrument the person(# or the entity upon behalf of which the person(§acted, executed the instrument WITNESS my hand and official seal (notary signature) OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ Individual ❑ Corporation Officer title(s) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of Person(s) OR Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Other Right Thumbprint of Signer (if required) Brian Mendoza P.O.B ox 7745 Riverside CA, 92513-7745 Email:brian@ptm-eng.com Cell 951.722.5755 Chief Estimator and Supervisor of Outside Operations Supervisor of Outside operations with over 18 years of experience electrician with over 20 years of experience An effective communicator and team leader, experienced in coordinating and executing large and fast paced projects. CAREER EXPERIENCE Freeway Electric/ PTM Engineering Services, Inc. Riverside CA 06/2006 to Date Chief Estimator/Supervisor of Outside Operations In charge of managing the estimating department and finalizing bid packages: coordinating the beginning phase of an awarded project between the company and agency. Project submittals, contract review Coordinated and manage crews California region: handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements, maintained coordination Freeway Electric / PTM General Engineering and subcontractor, and project owners. In charge of handling project's administrative work: monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rental. High Light Electric Inc. / Pete & Sons Construction Inc. Riverside, CA 10/1995 to 06/2006 Chief Estimator In charge of managing the estimating department and finalizing bid packages Coordinating the beginning phase of an awarded project between the company and agency or prime contractor that include project submittals, contract review. Successfully bid on projects totaling $12 million with an average spread 6%. Area Supervisor Coordinated and manage 10 crews consisting of 6 members per team in the southern California region: handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signal, and road improvements. Maintained coordination between High Light Electric Inc. and subcontractor, general contractor and project owners In charge of handling project's administrative work; monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rentals. Page 1 of 4 Brian Mendoza CAREER EXPERIENCE CONTINUED MBE Electric, Inc. in Riverside, CA 10/1989 TO 10/1995 Vice President and Head of Outside Operations Manage outside operations for all projects ranging in size from & 1,000 to 2.5 million. Headed an around the clock electric crew and coordinated with CC Meyers to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days. Maintain coordination between MBB Electric and subcontractors, general contractor and project owners: implemented and enforced safety guidelines. Handled administrative work: monthly progress estimates, material requisitions, contract change order negotiations. Vasco Corporation in San Fernando, CA 10/1987 to 06/1989 Foreman (Part Time) Managed day to day operations of work crews and various project ranging in size from $1,000 to $5,000 in Eastern Los Angeles County: traffic signals, street lighting, signal interconnect. Raymore Electric in Rosemead, CA 06/1986 to 10/1987 Crew Lender (Part Time) In charge of working crews on projects that ranging from $25,000 to 250,000 throughout Los Angeles County. WORKING SKILLS • Capable of operating heavy equipment such as skip loaders, cranes, and backhoes • Hands-on experience with hand tools and power tools • Capable of overseeing fast -paced and high profile project • An effective communicator and leader EDUCATION • International Brotherhood of Electrical Workers • Completed training course (1988-1989) in street lighting and traffic signal installations, code enforcement and blue print reading. • South Gate High School • Received High School Diploma in 1988 Page 2 of 4 • English (Native) • Spanish (Fluent) 1.03J, 01►9S1"011�Z�T�i7_1 CONTINUED LANGUAGES AWARD RECEIVED • Recipient of the U.S. Small Business "Young Entrepreneur of the year" Award in 1996, nationally. • Recipient of the Certificate of Recognition by the City to Los Angeles for "Small Business" in 1997. • Recipient of the Certificate of Recognition by the State Assembly, Assemblyman Mr. Rod Pacheco, for the "Top 500 Inland Empire Small Business" in 1997. • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" Since 1997. • Certification of Appreciation for our participation and maximization in the " Century Freeway Affirmative Action" by CFAAC PROFESSIONAL AND PERSONAL REFERNCES Caltrans project#071224U4 (Electrical contract amount $4.5 million) Description of project: Installation of traffic signals, ramp metering, sing illumination, Highway Lighting, Fiber option communication and electrical irrigation along the I-10 Freeway in Los Angeles County. • Doug Dawson — Project Manager for prime contractor, Balfour Beatty Cell (949) 232-3276 and Office (909) 397-8040. • Patty Galvan — Resident Engineer, Office (909) 594-4270 • Veronica Ross— Electrical Inspector, Cell (714) 606-6311 Page 3 of 4 BRIAN MENDOZA REFERNCES CONTINUED City of Redlands Contract #208300-72304/41008 (Electrical contract amount is $218,800) project Completed in 2003 Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. • Bill Hensley— Senior Civil Engineer— Office (909) 798-7586 ext.2 • Juan Olvera —Project Manager for general contractor, H&H Construction —Cell (951) 453-7712 and Office (909) 473-7331. Caltrans project #08-4567V4) Electrical contract amount is $ 938,238) project completed in 2005 Description of project: Installation of lighting system along the I-15 Freeway in San Bernardino County. • Gary Vogel — Project Manager for prime contractor, Granite Construction Cell: (661) 549-3953 and Office (661) 726-4447. Sandbag Projects, Segment 1, 2, 3 early segment 9, and alder Ave. (Total electrical contract amount was $3.2 million) Project completed in 2004. Description of Projects: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino County. Harold Lantis — Sandbag Contract Manager — Cell: (760) 802-7730 and Office (909) 875-8029 ext.213. Tim Hanable — Caltrans Inspector — Cell: (951) 712-0021 Al Ortega — Project Manager for prime contractor, Yeager Skanska — Cell: (714) 240-5333. City of Indio Project#ST0137 (Electrical contract amount was $1.4 million) project completed in 2005. Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry Utilities. Gary Bexter — Area Manager for prime contractor, Yeager Skanska Construction Cell: (909) 721-9749 and Office (760) 343-5472. Tommy Young — Project Manager for prime contractor — Cell: (951) 232-6618 and Office (760) 343-5472. Mehran Sepehri — City Engineer — Cell: (760) 250-2201 Additional Professional References: • Zale Harris — Caltrans Inspector— Cell: (951) 289-0047 • Ray Robles — Caltrans area supervisor — Cell: (909) 799-0646 Page 4 of 4 :s S KNOW ALL MEN BY THESE PRESENTS, That we, PTM GENERAL ENGINEERING SERVICES, INC. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY authorized to transact a general surety business in the State of NEW JERSEY bound unto CITY OF HUNTINGTON BEACH in the full and just sum of TEN PERCENT OF AMOUNT BID BOND NO. BBSU a corporation as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($ 10 % OF BID ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly.and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 14TH day of JUNE PTM, ENERAL ENGINEERING SERVICES, INC. `ei{-ll� lk ` By: Principal Gf-"t 2013 YEAR INTERNATIONAL FIDELITY INSURANCE COMPANY Surety PH fV Attorney -in -Fact U VV IMINI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .__..._._._...�,._...•�-..�...�.-..�.....�....,..........+a..•.a.�n...ni�-n.vn.��n:��n a[•n:��n:[•n:[K':[•MT[vK">T•M:[�.5'.['h'>\�:4'.[Kit :[•iY:[41l:lVKt'h�CYirtTl�ii �•Al:�-+4 <•+f Fi4'�Ci4 i`�•, State of California County of Los Angeles On JUN 14 2013 before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Vega Name(s) of Signer(s) MONICA BLAISDELL c Commission # 1970845 Notary Public -California z Z �'' .y'Orange County D My Comm. Expires Mar 26, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personK whose name' g is/aFe- subscribed to the within instrument and acknowledged to me that he/she/t#ey executed the same in his/her/their authorized capacity(iola), and that by his/4@r/t4efr signature04 on the instrument the person or the entity upon behalf of which the person) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 Signature: Signature of Notary Public All Purpose Acknowledgement State of County of On fbefore me, Lui Wei (date) (notary) personally appeared, Elizabeth H. Mendoza de McRae (signers) ❑ personally known to me — OR -- proved to me on the basis of satisfactory evidence to be the persons) whose name(z) is/atesubscribed to the within instrument and acknowledged to me that he/she/t3 executed the same in his/her/their authorized capacity(i,e, and that by her/treixsignature* on the instrument the person(* or the entity upon behalf of which the person(4acted, executed the instrument WITNESS my hand and official seal \ (notary signature) OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ Individual ❑ Corporation Officer title(s) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING: Name of Person(s) OR Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Other Right Thumbprint of Signer (if required) CERTIFICATE OF CORPORATE RESOLUTION I, Brian Mendoza , Secretary of PTM General Engineering Services Inc. (Corporation) do hereby certify that at a duly constituted meeting of the Stockholders and Directors of the Corporation held at the office of the Corporation on December 30 2007(year), it was upon motion duly made and seconded, that it be VOTED: Elizabeth H. Mendoza de McRae, President/CFO ..... OR.... Brian Mendoza, Vice President/Secretary Authorized to sign & execute contracts and submit bids with either one of the corporate officer's signatures. It was upon further motion made and seconded that it be further VOTED: That Elizabeth H. Mendoza de McRae, President/CFO ..... OR....Brian Mendoza, Vice President/Secretary in the capacity as of the Corporation is empowered, authorized and directed to execute, deliver and accept any and all documents and undertake all acts reasonably required or incidental to accomplish the foregoing vote, all on such terms and conditions as he in his discretion deems to be in the best interests of the Corporation. I further certify that the foregoing votes are in full force this date without rescission, modification or amendment. Signed this I-t-64 day of I_ A TRUE RECORD ATTEST (Corporate Seal) 53 I Zo l j (year). Brian Mendoza Secretary/Clerk Vice President/Secretary City of. Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 o .www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 25, 2013 Ruiz Engineering Co. 1344 Temple Ave. Long Beach, CA 90804 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, rvx Joan L. Flynn, CNIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan 4 Waitakere, New Zealand rRM Nppw�ERgp�pp�/++op Co, TeMPb AVG.. P 0. BOX 417v CC LOW Bftck ICA 90804 tad D —I$— o20C3 �jovvx ZO« t ,4 7 02©®® 1M�itn S-4-- SECTION C PROPOSAL for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 ees to perform the work therein to the satisfaction of and under the supervision of the City gineer of the City of Huntington Beach, and to enter into a contract at the following p ices. The undersigned agrees to complete the work within 35 working days, starting from t dite of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addendallo "Daie`Received ,f,-.,.:' '' 4- Bidder.'s=Sircature_a_ C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY 1/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ T 0 IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Car�st::tt ire :::::::::::::::::::::. ....: :csi�tract ::::::::unit:::: xteridad P�. : : :: :: , :pesc�i000,:::::::......::�::W� ....... nxity:: Unit:::::: 'rice::::::::�moiin' .. 1 1 REMOVE AND CONSTRUCT SIDEWALK PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ $ I S� Z- SHEET 2 REMOVE AND CONSTRUCT SIDEWALK 334, 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF $a�� $ AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A 3 3 (INCLUDING 1" BY 1/4" GALVANIZED STEEL BAR), IN NEW SIDEWALK WITH 340 LF $C) $ FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. 4 4 ROOTS EXTENDING UNDER NEW SIDEWALK SHALL BE PROTECTED BY 13 EA $ FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ $ 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF — $_G fl— $ HANDRAIL AND FOOTINGS. S? C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 +war�st: :tteir�: :: :: .. . . . :��i�tra�t : :tlr�it. . . . �xtehded: ....... .................................. NOta ::::idt� .:::::::::::: pesCripttoil ...........::::: .................. Auer�tib►::: Ua1t::::::: rice:::: , .::Arv�pljht: : 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB 1 EA $ s r(^. $ 9,�. STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND 9 9 GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $ $ C1C) AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $ . SC'0 f $ 3 (-DO � 11 MOBILIZATION 1 LS $ . 00, $ 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 2�7� 0, 7L % 13 PREPARATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION 1 LS $ $ S30, PLAN (SWPPP) Total Amount Bid in Figures: $ 3 n, Total Amount Bid in Words: G1°\k kwt > % v C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE * 14 340 LF ATTACHED 1" BY '/<" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL $ S. II Total Amount Bid in Figures: $ / ( 3, "zzr-3," V , 10 1 II Total Amount Bid in Words: r * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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. .3, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that t e foregoing is true and correct and that this declaration is executed on G--lg-l� at , Date City State �— JaSA. being first dulyXom, deposes and says that he or she is of jQ�►iz coAC{� 110 ti01 a1�7 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. J 6S,e A Name of Bidder &- �-7 Suture of BidddIr Li �, ca Address of Bidd r q�y C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: (Zs t Cct r,,�-. � PQVi�o, Contractor J Vic Pre5J1P.%4._ 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 Lld No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: — I Y-"_ a4 1 t Pet etVttAA Contractor •2 A • V`�c t �.� By Title C-7 BIIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Ar Business Address City, Telephone Number QC4 3<--T sz, A State Contractor's License No. and Class Original Date Issued /0-31—gLo(3 Expiration Date State Zip The work site was inspected by ` s,t A. 2"-� �t of our office on 201 V The following are persons, firms, and corporations having a principal interest in this proposal: A I J� , T3- ��CP�efirtile 4) 1Ase IP.��t� Ly Pr'es,J C-s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name t- Signature of e aAay- r Printed or Typed Signature Subscribed and sworn to before me this �$ day of �& , 201D . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager:,n 143, ©Qo s ewtk' C"k—g 3-1,Ll r-20t3 Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: F,-D Q 1�2 VC1611br out — O12._ Contract Amount Type of Work Date Completed r t� _ e% (—"' C-xi io A';z 7 c, c3'*( , . d, ► A4-� c _ e u to r-eS.S , CA Name'dnd Address of Name and Telephone No. of Project Manager: 34*,-335. — Contract=Amount Type of Work f C Date Completed i CA ALL-PURPOSE ACKNOWLEDGEMENT State of California } County of Los Angeles } On June 18, 2013, before me, C.O. Pallares/Notary Public, personally appeared, Annette Jose Alejandro Ruiz, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -ma _ _ _ _ C. 0. PALLARES Commission # 1971746 WITNESS my hand and official seal. :-ai Notary Public - California Z // Los Angeles County a Signature � �� •— M Comm. Expires Apr 7, 2016 Fidelity and Deposit Company of -Maryland IOiOW ALL 1�'v BY'iIFSE P'ItESENn that we RUIZ CONCRETE & - PAVING, INC. DBA: RUIZ ENGINEERING CO. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of iviaryiand, a corporation duly organized under the laws of the State of Maryland, as Surely, hereinafter called Surety, are held and firmiy bound unto CITY OF HUNTINGTON BE as Obligee, hereinafter called Obligee, in the sum of *TEN PERCENT OF AMOUNT BID* Dollars (xxxxxxxxx I or ( 10 %) percent of the amount bid, whidnever is less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our hers, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. NVBMREAS, the Principal has submitted a bid for "LAI=EW DR. SIDEVIALK NEIGHBORHOOD REHABILITATION PROJECT, NO. CC-1441" NOW, THEREFORE, if the Obligee shall ac=pt the bid of the Principal and the Principal shall enter into a Canfract with the Obligee in - accordance with the terms of such bid, and give such bond or bonds as maybe speaifced in the bidding or.Contraci Docents with good and sufficient suety for the iaithfui performance of such Contract and for the prompt payment of labor and material furnished in the prasesution thereof or in the event of the failure of the Principal to eater such Contract and give such bond or bonds, if the Princspai 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 effcct. Signed and sealed this 14thday of JUNE , 20 13 RUIZ CONCRETE & PAVING,INC. ' DBA: RUIZ GINEERING CO. (Principal) / 17 (Seal) (Witness) By FMJII AND COMPANY OF MAB By: (Witness) lYrcltael A. Qaigiey ey-irrFact) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Michael A. QUIGLEY, of Laguna Hills, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of June, A.D. 2012. ATTEST: W. Assistant Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND EAL (Do .............. s Vice President James M. Carroll State of Maryland City of Baltimore On this 18th day of June, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �Irllll,llll� �``` Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA-F 012-0626C CALIFORNIA ALL-PURPOSE 1- O ACKNOWLEDGMENT State of California County of ORANGE On June 14, 2013 before me, MEG QUIGLEY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAEL, A. QUIGLEY Name(s) of Signer(s) MEG QUIGLEY Commission # 1963669 Notary Public -California Z z y Z Orange County D My Comm. Expires Jan 10, 2016 Place Notary Seal Above r who proved to me on the basis of satisfactory evidence to be the person(s� whose names) ishm subscribed to the within instrument and acknowledged to me that he/EbedmW executed the same in hislr authorized capacity(ica), and that by his/hsnbi3:iRsignature(;50 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 forgoing paragraph is true and correct. WITNESS my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's,Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT, OFSIGNER r City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. F13nn, City Clerk September 25, 2013 S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA. 92626 it SEALED BID " DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach 2000 Main Street, Second floor Huntington Beach, CA. 92648 Attn: City Clerk's Office - 2nd floor 4 Project Name: Lakeview Drive Sidewalk Neighborhood Rehabilitation SECTION C PROPOSAL for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No.1441 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 35 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. 10X Bidder's Bond Accompanying this proposal of bid, find in the amount of $ 3 a,which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: `"Addenda No. Date Received" Bidderr's'Si nature. C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ /76 3 6v • c'o BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY '/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ l �0 IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441, C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 tir�sx: :tt m: . . . .. :: .. . . . . . :�csr�trfict : :U:nit: xterided ....... .................................. r�o.::::::::::: peso �ptioii :::: :::::C1uratiji:: .................. Ua)t::::cice::raiox�nt 1 1 REMOVE AND CONSTRUCT SIDEWALK PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ • . $ SHEET 2 2 2 REMOVE AND CONSTRUCT SIDEWALK WITH FOOTING PER HB STD PLAN 207 2,850 SF $ �.'r $ tV-' AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A 3 3 (INCLUDING 1" BY 1/4" GALVANIZED STEEL BAR), IN NEW SIDEWALK WITH 340 LF G $ $ 33. 3�J-' FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. 4 4 ROOTS EXTENDING UNDER NEW SIDEWALK SHALL BE PROTECTED BY 13 EA $ y00' $ 52m. FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, 5 5 CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ 17 ��' ' CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING HANDRAIL AND FOOTINGS. 20 LF $ �'�• " $3m- C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Ganst:: :Nora::: ................ tfi�i nlo.::::::::pes..citpt�oi�::::::::::: ...... ;:::; �i�tract :pu�?iy:::lln�t::::: ......::t �. :::: F�rrce :: ..... Bxtehded: :�►moYint::: 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB STD. PLAN 217 1 EA $ 1000- - $ 1000. 9 9 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND AGGREGATE BASE.) 20 LF $ (pb- " $ 1260• ' 10 CONSTRUCTION STAKING 1 LS $ 600- $-gMO- 11 MOBILIZATION 1 LS $ 1000- _ $ 1000- 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 2.000-' $ 2COb- 13 PREPARATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1 LS $ ci ,ub.0j $ 0 ado. Total Amount Bid in Figures: $ Illb �(x?• `'� Total Amount Bid in Words: C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILIT'AT'ION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #I WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE * 14 340 LF ATTACHED 1" BY '/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ Total Amount Bid in Words: S i X1v�S IW 9 Jam, -Tw-�AITAW"""- * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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. W , Willi :S - Gregg's Concrete Cutting, Inc. 1192 Zircon St. Corona, CA. cutting ULIILG_ °Lkense li(IIJJ LV�LN Amou Number 67�- •� " 637757 W Zb% woi ,J2.OA e.. i'eoLe- c.v vot_ S705B(o `t3 %30 S . -Slee-6s ST. L-13 ��, �° I670 5 3n qO 6. C0roV%c,3v S r- 0 -016 Zia Rv,C,_ h*—iwAk wt 928a1P By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 6/11/13 at Costa Mesa, CA. Date City State Steve T. Parker being first duly sworn, deposes and says that he or she is President of S. Parker Engineering, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Steve T. Parker - President S. Parker Engineering, Inc. Name of Bidder Signature of Bidder 2783 Tern Circle Costa Mesa, CA. 92626 Address of Bidder C-4 CALIFORNIA r ,r. r . i State of California County of A n1 G Onbefore me, personally appeared S Teyd Z;" P,e- who proved to me on the basis of satisfactory evidence to be the person{twhose namek istar"ubscribed to the within instrument and acknowledged to me that hekhal hoy executed the same in his444*4.authorized ` capacity(ie4 and that by his)%e signature�skon the instrument the persontskor the entity upon behalf of which the personX 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. WITN S m h d an ifi 'al sea attune of No P he DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description of attached docummnt continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer friee) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other MICHELLE MCNEILL COMMISSION # 1867382 0 'e Notary Public - California v ORANGE COUNTY My Comm. Expires Oct. 18. 2013 0401my sea}) "•a•• INSTRUCTIONS FOR COMPLETING THIS FORM .try aclazaivledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate admrnpledgment form must be properly completed and attached to that document 77re only exception is if a document is to be recanted outside of u:.clijarWa. In suit kstaarces; any alternative admoivledgmem verbiage as may be primed on such a documem so long as the verbiage does not require the notary to do something drat is illegal for a ,rotary in California #.e. certifying the authorised capacity of the signer). Please check the documentcarefidlylta proper notarial auadt thisform if required. • State and County information must be the State and County where the document signer(s) personally appeased before the notary public for acknowledgment. Date of notarization must be the date that the signers) personally appeared which must also be the same mate the admowledgrnent is completed. e The notary public most prim his or her name as it appears within his or .her commission followed by a comma and then your title (Mary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. e Indicate the correct singular or plural forms by crossing off incorrect farms (Le_ h&shddwj, is tare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument mcordiog. • 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. e Signature of the notary public must match the signature on file with the ofrwe 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_ v Indicate title or type ofanacfhei document, number o€pages and date_ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.c. C90. CFO, Secretary). • Su cw* attach this document to the signed document 2009 Version CAPA v12.10.07 SW473-9865 www NotaryCtassescom 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 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: 6-11-2013 S. Parker Engineering,Inc. Contractor Steve T. Parker By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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: 6-13-2013 S. Parker Engineering,Inc. Contractor Steve T. Parker By President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S. Parker Engineering, Inc. Bidder Name 2783 Tern Circle Costa Mesa, CA. 92626 Business Address Costa Mesa, CA. 92626 City, State Zip ( 714 ) 241-0560 Telephone Number 739476 CLass: A,B State Contractor's License No. and Class 8-19-1997 Original Date Issued 8-304-2013 Expiration Date The work site was inspected by Steve T. Parker of our office on June 10 5201 3 The following are persons, firms, and corporations having a principal interest in this proposal: Steve T. Parker - President S_ Parker Engineering.Inc. - Corporation Linda M. Parker - Secretary/Treasurer C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. S. Parker Engineering, Inc. Company Name of Bidder Steve T. Parker Printed or Typed Signature Subscribed and sworn to before me this �i.. day of June , 2013 . MICHELLE MCNEII L COMMISSIONS 1967382 Notary Public - C " ORANGE COUNTY *Cam. E*Wn OCL 18 2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Mission Viejo 27204 E. La Paz Road Mission Viejo, CA. 92692 Name and Address of Public Agency Name and Telephone No. of Project Manager: 340,000.00 concrete RJR Contract Amount Mr. Herb Smith (949) 470-3095 Type of Work current Date Completed 2. Newport Mesa Unified School District 2985 "E" Bear St. Costa Mesa, CA. 92626 Name and Address of Public Agency Name and Telephone No. of Project Manager: 400,000.00 concrete RJR Contract Amount Mr. Norm Chapman (714) 424-5081 Type of Work current Date Completed 3. City of Mission Viejo 27204 "E" La Paz Road Mission Viejo, CA. 92692 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Herb Smith (949) 470-30015 55,000.00 concrete RJR current Contract Amount Type of Work Date Completed C-9 County of A tJ :, N On e, 43�before me, (Here personally appeared 57 7 �P 77 who proved to me on the basis of satisfactory evidence to be the persogKwhose name( istaresubscribed to the within instrument and acknowledged to me that hetshaMW executed the same in his/heWheb-authorized capacity(io4 and that by his "-rrrer�-signature(skon the instrument the person(skt)r the entity upon behalf of which the persons 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. MICHELLE MCNEILL )WITN SS my hand and official 1- - COMMISSIONS 1867382 � Notary Public - Calitomis ro ORANGE COUNTY M*'twM. Expires Oct. 18, 2013 6 Si re of NotaryPublic (Notary Seal) 7; � DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached dmummij {Title or description of attached document c(ntinued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER Cl Individual (s) CI Corporate Officer {Tide} Cl Partner(s) O Attorney -in -Fact © Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclomrvledgment completed in California mast 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 CaVarnia In such instanced any alternative aclarornledgmeru verbiage as may be printed on such a document so long as the verbiage does mt require the notary to do something dwt is itlegaf jar a notary in California finft e. certifying the aruhorured capacity of the signer). Please check the document carefrdtyfor proper notarial wardwgand 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 acknmvfedgment. - Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the admowledgmen 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 fide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. - indicate the correct singular or plural form by crossing off incurred forms (i.e- lidshchhey;- is tare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocurnent recording. - The -notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal -impr witon 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. 44- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different documnenL s- Indicate title or type of atached document, number of pages and date. s• Indicate the capacity claimed by the signer_ If the claimed capacity is a corporate officer, indicate the tide (re- CI:O. CFO, Secretary). • Securely attach this document to the signed document 2008VersionCAPAv12A0-078M873-9865 wwwNotaryCiasses.corn BID RESULTS REQUEST PLEASE FAX YOUR RESPONSE TO (714) 516-9563 Contractor: S. Parker Engineering, Inc. Bid Bond #: SPARK-82 Bid Date: 6/18/2013 Obligee: City of Huntington Beach Contract Amount: $190,000.00 Job Name: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project from Westl Bond Company: The Ohio Casualty Insurance Company Please advise of the bid results by noting the information in the.area below and faxing them back to us within 48 hours of the bid, as your bonding capacity will be better maximized. Thank You, COMMERCIAL SURETY BOND AGENCY 1 st Bidder: 2nd Bidder: 3rd Bidder: 4th Bidder: Total Number of Bidders: Bid Amount $ Bid Amount $ Bid Amount $ Bid Amount $ ' If your bid was not in the top 4, please indicate your bid amount $ Comments: 1411 N. Batavia, Suite 201 - Orange, CA 92867 - (714) 516-1232 - FAX(714) 516-956 License# 0680930 r-- CAL- IFORNIIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT i' State of California County of A r,,,) r On before me, _ l CG► personally appeared S j,0, j,-7 — p4wxggf: who proved to me on the basis of satisfactory evidence to be the person(t whose name is/am-subscribed to the within instrument and acknowledged to me that hels#mAkey executed the same in his/her authorized ` capacity(i"4, and that by hisf#derAheir-signature(s),on the instrument the person flr the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. MICMELLE MCNEILL WI SS my hand and official seal, o COMMISSION a 1867382 0 z Notary Public - California v ORANGE COUNTY j Mj•Comm. Expires Oct. 18, 2013 6 Signature of Notary Pubfie (!Votary Sea)) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached document) (Titre or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclaro►vktigmem completed in California must contain verbiage exactly as appears above in the notary section or a separate act btoidedgment form most be properly completed and attached to that document The airy exception is if a document is to be recorded outside of Cz@hrnia In stilt instances; any alternative adxmvh*mem verbiage as may be printed on stch a document so long as the verbiage does not requite the notary to do something dui is fllegol for a notary in California #.e. certifying die anitarwed capacity of the signer). Please check the doctmentcareftdly jar proper naMnal warding and attach this form ij'required . • State and County information must be the State and County where the document Signer(S) Personally appeared before the notary public for acknmvtedgmenl • 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 mint print his or her name as it appears within his or .her commission followed by a commit and then your title (notary public). • Print the name(s) of document signer(s) who malty appear at tire. time of notarization. indicate the correct snrguiar or plural forms by crossing off incorrect forms (i.e. hdshdd"—. is fare ) or circling the correct, forms. Failure to con--* indicate this inrormation may lead to t4ection ofdocument recordidg. • The -notary serail impassion must be clear and photographically reproducible. Impression must not cover Next or lines. If sed imprassion. smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public mast match the signature on file with the office of the county clerk. Oe Additional information is not requited but could help to ensure this acknowledgment is not misused or attached to a different document. sS Indicate title or type of attached document, number of pages and date. t indicate the capacity etaimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (Le. C150, CFO, Secretary). • Securely attach this document to the signed document 2tNl13 Version CAPA v l2.1 p.07 8t1 4739865 www_NoWyClassescom 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 Fax: (714) 241-0665 Lic# 739476 Class A & B REFERENCES Owner/Project Name Newport —Mesa Unified School District 2985 E. Bear Street Costa Mesa, CA 92626 Contact / Phone # Norm Chapman — Inspector (714) 424-5081 Project Name: Concrete Repair/Replacement District Wide Bid #104-11 Annual Contract Amount: $420,000.00 Owner/Protect Name City of Mission Viejo 27204 E. La Paz Road Mission Viejo, CA 92692 Contact / Phone # Herb Smith Project Manager (949) 470-3095 Project Name: Annual Park and Facility Hardscape Improvements July 1; 2012 — July 2013 Contract Total: $55,000.00 Project Name: Annual Maintenance for Removal and Replacement of PCC, Sidewalks, Curb & Gutter, Driveway Approaches and Cross -Gutters July 1, 2012 — July 2013 Contract Total - $340,000.00 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 ® Fax: (714) 241-0665 Lic# 739476 ® Class A & B RECENT PROJECTS AND REFERENCES Owner/Project Name City of Riverside 3900 Main Street Riverside, CA 92522 Contact / Phone # Ibrahim Massoud Senior Engineer (951) 826-5805 Project Name: 2007-08 ADA Footpath Improvements CDBG Wheelchair Ramp Construction — Bid No. 6584 March 31, 2008 — June 13, 2008 Contract Total: $257,900.00 Owner/Project Name Contact / Phone # Fullerton Joint Union High School District Dave Hall - EHCC 1051 W. Bastanchury Road Project Manager Fullerton, CA 92833 (714) 738-4995 Project Name: Remove and Replace Sidewalk on Chapman Ave Between Lemon Street and Pomona Ave at Fullerton Union High School Bid No #0708-52 (EC 2007/08 #142) January 31, 2008 — March 31, 2008 Contract Total: $57,220 Owner/Project Name City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Contact / Phone # Tom Banks Project Manager (714) 754-5343 Project Name: Construction of Parkway Concrete Repair and New Sidewalk Project No. 07-27 December 12, 2007 — July 25, 2008 Contract Total: $409,513.11 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 . Fax: (714) 241-0665 Lic# 739476 . Class A & B Owner/Project Name Contact / Phone # County of San Bernardino Larry Herkelrath 385 North Arrowhead Ave, 3rd FI Project Manager San Bernardino, CA 92415 (909) 387-3165 Project Name: Moabi Park Restroom Site Preparation Project No. 7R00 October 31, 2007 — February 8, 2008 Contract Total: $64,000.00 Owner/Project Name City of Pasadena 100 North Garfield Ave Pasadena, CA 91109 Project Name: Memorial Park Playground Contract No. 19, 409 August 28, 2007 — February 8, 2008 Contract Total: $328,878.10 Owner/Project Name City of Torrance 3031 Torrance Blvd. Torrance, CA 90509 Contact / Phone # Todd Holmes Project Engineer (626) 744-7329 Contact / Phone # Henry Completo Associate Engineer (310) 781-6900 Project Name: FY 2006-07 Curb, Gutter and Sidewalk Replacement Program Bid No. B2006-37; Contract No. C2006-222 January 16, 2006 — August 10, 2007 Contract Total: $1,264,999.82 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 Fax: (714) 241-0665 Lic# 739476 Class A & B Owner/Project Name City of Huntington Beach 2000 Main Street Huntington Beach, CA 92628 Contact / Phone # Jason Churchill Supervisor of Street and Facilities Maintenance Project Name: Construction of Curb Ramps @ Various Locations Project No. MSC-435 October 2, 2006 — April 10, 2007 Contract Total: $135,016.00 Owner/Project Name Newport —Mesa Unified School District 2985 E. Bear Street Costa Mesa, CA 92626 Project Name: Pomona Elementary PO #778M0757 January 19, 2007 — June 8, 2007 Contract Total: $64,998.00 Contact / Phone # Norm Chapman — Inspector (714) 424-5081 Owner/Project Name Contact / Phone # City of San Juan Capistrano Joe Mankawich 32400 Paseo Adelanto Associate Engineer San Juan Capistrano, CA 92675 (949) 493-1171 Project Name: San Juan Creek Waterline Crossing at Via Estenage Project No. CIP #752 June 20, 2006 — April 2, 2007 Contract Total: $358,082.56 S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA 92626 Phone: (714) 241-0560 Fax: (714) 241-0665 Lic# 739476 Class A & B Owner/Project Name City of Covina 125 East College Street Covina, CA 91723 Contact / Phone # Shawn McKnight Construction Inspector (626) 858-7251 Project Name: Covina Curb Ramp Access @ Various Locations Project No. P0606; CDBG #600799-05 June 19, 2006 — October 25, 2006 Contract Total: $70,600.00 Owner/Project Name Contact / Phone # City of San Bernardino Danny Cwiak 300 North "D" Street Inspector San Bernardino, CA 92418 (909) 384-5111 Project Name: Construction of Pocket Park @ SE Corner of Norma Lane and Stephanie Drive Project No. PR 04-23 September 3, 2005 — October 18, 2006 Contract Total: $166,833.63 Bond No. SPARK-82 KNOW ALL BY THESE PRESENTS, That we, S. parker Engineering Inc of 2783 Tern Circle Costa Mesa CA 92626 (hereinafter called the Principal), as Principal, and The Ohio Casualty Insurance Comp (hereinafter called the Surety), as Surety are held and firmly bound unto Ci tv of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount Bid Dollars(l00 ********* ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Lakeview Drive Sidewalk Neighborhood Rehabilitation Project from Westlake Circle to Shoreview Circle CC No 1441 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 11t:h day of June 1 2013 S . Seal) Parker Engineering, Inc.Inc . Principal Witness Title Witness The Ohio Casualty Insurance Company By Dwight Reilly Attorney -in -Fact L;MS-10053 IMS State of California County of Orange } On June 11, 2013 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/stettkiy executed the same in hislherft& authorized capacity(ies), and that by his/haW*& 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 Susan Pugh J 7)U3AIN PUGH '1 CONIM r193 -229 California C;N'.ANGC COUNTY U. iy (0111M, E;,.iies Apr 29, 2015 (Seal) THIS POWER OF ATTORNEY IS NOT VALID.UNLESS IT. IS PRINTED ON" RED.BACKGROUND: This Power of Attorney limits. the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent Herein stated:. .. .... Certificate No:'5903264. American Fire and Casualty Company Liberty Mutual Insurance Company. The Ohio Casualty Insurance Company West American Insurance Company .. POWER OF ATTORNEY : KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of " the.State of New Hampshire, that Liberty Mutual_ Insurance Company is a corporation dulyorganized under the laws of the State of Massachusetts; and. West American insurance Company is a corporation duly organized under.the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth,.does hereby name, constitute Daniel Huckaba Arturo Ayala, Dwight Reilly, Andrew Waterbury and appoint, Y,: Y 9 Y, all of the city of Orange state of: CA each individually if there be more than one named, ds true and lawfulattorney-in-fact to make, execute, seal; acknowledge and deliver, for and on its behalf as surety: and as its act and deed, any and all undertakings, bonds; recognizances Iand other surety obligations, in pursuance of these presents .and shall be as binding upon the Companies as if they have oeen.duly signed by. the president and attested by the secretary of the Companies. in their own proper persons. " IN WITNESS WHEREOF, this Powerof Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th dayof December 2012 American Fire and Casualty Company The Ohio Casualty. Insurance.Company": o Liberty Mutual Insurance Company x T West American Insurance Company lid By: ,p c - Gregory +/..Davenport; Assistant Secretary STATE OF WASHINGTON ss " R COUNTY OF KING , On this 19th dayof December ' 2012- , before me personally appeared Gregory W. Davenport, who acknowled9ed himself to be the Assistant Secretary of American v ' Fire and Casualty Company,. Liberty Mutual Insurance Company, The Ohio_Casualty Company, and West American Insurance Company, and that he, as"such, being authorized so to do, : >,0 01 execute the foregoing instrument for the purposes therein contained. by signing on behalf of the corporations by himself as a duly authorized officer. - asill �. li > IN WITNESS WHEREOF,) have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. O.Ia O , : KID Riley', Not Public o: o: This Power of Attorney is made and.executed pursuant to and byauthorityof the following By-laws and Authorizations of American Fire. and Casualty Company, The Ohio Casualty Insurance o Company; Liberty Mutual Insurance Company, and West American.Insurance Company which resolutions are now in full force and effect reading as.follows: R L ARTICLE IV— OFFICERS - Section 12: Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing bythe Chairman or the President, and subject : p r w to such limitation as the Chairman or the President may prescribe, shall appoint such.aBomeys-in-fact; as may necessary to act in behalf of the Corporation to, make ,execute seal; > . o`.;r acknowledge and deliver as surety'anyand all undertakings, bonds,.recognizances and other surety obligations. Such attorneys -in -fact; subjectto the Iimitationsset forth in tneirrespective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any suchr instruments and to, attach thereto the seal of the Corporation:. When so 0" (a executed, such instruments shall: be as binding as:if signed by the President and attested to by the Secretary. Any power or.authority:granted to any representative-or,attomey-in-fact under > , 0. the provisions of this article may revoked.at any time by the Board, the Chairman, the President or by. the officer ocofficersgranting such Lpower or authority. = ARTICLE All = Execution of Contracts = SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wnUng;bythe chairman or the president, CIA > (D and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to act in. behalf of the Company to make; execute, p., seal; acknowledge and deliver as surety any and all undertakings, bonds, recogmzances and other'surety obligations. Such attorneys in-factsubject to.ane limitations set forth in their. Z -9 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of,the Company. When so v . executed such instruments shall be as binding as if signed by the president and attested by the secretary. o Certificate of Designation — The. President of the Company, acting pursuant to the Bylaws of the Company, -authorizes: Gregory W. Davenport, Assistant Secretaryto.appoint such attomeys-in-fact as may be necessary to actor behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all. undertakings;_bonds, recognizances.and other: surety obligations. Authorization __By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the " Company, wherever appearing upon certified "copy of anypower of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with'_ the same force and effect as'though manually affixed.-. I, David M. Carey, the undersigned, Assistant Secretary; ofAmer, can Fire and Casualty Company; The Ohio Casualty Insurance Company, Liberty Mutualansurance Company; and West` American Insurance Company do hereby certify.that the original power of atto mey of which the foregoing is a fu ll, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked: IN.TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said. Companies this 11 they of June 20I3 By F r ; •„'. _ David M. Caiey; Assistant Secretary LMS 12873 092012 - 68 of 251 City ®f Huntington Beach 2000 Main Street 0 Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 25, 2013 Unique Performance Construction, Inc. 1321 N. Jefferson St. Anaheim, CA 92807 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — CC-1441 Enclosed please find your original bid bond for CC-1441. Sincerely, i "'Y Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan 0 Waitakere, New Zealand ,W s s E i i vivo,. t const, Inc iance �i ,i y r� J h3 rik4. C4_�. ,. 4, ,. ,.._ ..... ,,.;,• _ ,-s., �.».: ., �. �[...r. cam. .,ia .,/,er�,.,�,. x SECTION C PROPOSAL for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find % �in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY 1/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL, COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Gcinsx::: tt rr�: ' :CcSi�Eraci: . unit::::: . : xtendad: : Disc01PWOH :::::::::: :: :Qd ra}icy::: Unit::::::: >�rrce::: :::Arnpa�rft: : REMOVE AND CONSTRUCT SIDEWALK 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF a $ $ -q �7 — SHEET 2 REMOVE AND CONSTRUCT SIDEWALK 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF $ l h .�-n $ A1,0 �0 AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1"BY 1/4" GALVANIZED 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF $ g9 " $ 301,Z60 FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW 4 4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ $ FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $_' L $ 22 CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF _ $ $SU— 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ ��— $_ HANDRAIL AND FOOTINGS. C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :Cori.tract :.:.:.:.:.:.:.: tir. . .:.: .. :. fix.d. : ... .. . ..................... ................ p�sc�iptson ::::::: : :::::::::: .. :Q until y::: ........ U ::: r oxirrt: : 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB 1 EA $ �w-_ $ �ZD^ STD. PLAN 217 REMOVE AND RECONSTRUCT CURB AND 9 9 GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND 20 LF $ �Z" _ $ t,�C AGGREGATE BASE.) 10 CONSTRUCTION STAKING 1 LS $_ $ 00 11 MOBILIZATION 1 LS $ -ZMf $ i206� 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 2A00_ $ 2 AOO� PREPARATION AND IMPLEMENTATION OF 13 STORM WATER POLLUTION PREVENTION 1 LS $ $ i QUO PLAN (SWPPP) Total Amount Bid in Figures: $ Total Amount Bid in Words: v fQv0=n Ni r N e /-DOLi d C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No.1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE * 14 340 LF ATTACHED 1"BY '/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figures: $ Total Amount Bid in Words: D 0 � f" � $ '�i $ !- i * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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 (Treater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on MOT, at P k ah 6 w , Date City State n,H,0[aZ )!"o, M,4 , being first duly sworn, deposes and says that he or she is Pncc A e, Of Un "L"-_ Pe�,e�,c� F� ;,.,.!„zthe party making the foregoing bid that the bid is not made in the ierest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder ignature of Bidder \22 'V• 1eAe_1a►n Address of Mdder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAK.EVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: 6 — / g,— %o t/�h1C1,la� �� ti,�l►(AC41dn.,Cioa�. Contractor 1 i v By 0 P"A.J 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 /No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ► g_ ) 3 Cont actor V tA.- By JI ?I e- � � ap..� Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidda Name Business Address rivAl-�, w. CA qIJ al City, State Zip (gN)S?2 — -2:22�, Telephone Number State Contractor's License No. and Class 12 - 2009 Original Date Issued 3-3\—?—O S Expiration Date The work site was inspected by of our office on 6,*,— 4 , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: i C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of e . �- , 201 SAND IA SADEGH! '� Cum # 1868449 U,Idt NOTARY PUBLIC-CALIFORNIA e ® ORANGE COUNTY My Comm. EXP. OCT. 17, 2013 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1.UA (A Q, V. M C,c.f. _ 2r, a'� C�t, Nai e and Address of Public Agency Name and Telephone No. of Project Manager: .32 l22_ t4 _ bT Contract Amount Type of Work Date Completed 2. C 1' NaTiYe and Address of Public Agency Name and Telephone No. of Project Manager: PJ1W Q use _ qKq_ �I 2 b �. D too • .� �<C""�� L �I�� �YY�Orn,,,�tCmArle y O — Z � — S Z Contract Amount'type of Work Date Completed 3.P�r�we�—/��bn NN ie and Address of Public Agency Name and Telephone No. of Project Manager: it"(,�, SL? IZoN I U1 I4 Contract Amount of Work 12-3a_ 11 Date Completed C-9 NORTH AMERICAN SPECIALTY INSURANCE COMPANY BOND NO.: UNIPE-407 KNOW ALL MEN BY THESE PRESENTS: That we, UNIQUE PERFORMANCE CONSTRUCTION, INC., (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 13TH day of JUNE, 2013. NORTH AMERICAN SPECIALTY INSURANCE COMPAN) BY: �1lh� o MATTHEW R. DOBYNS, Attorney -in -Fact �5t NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9ih of May, 2012: ".'RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company-, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." I 1tlt1//�/ n0011W/yp rY M�7, ap(IONq��Ntks S ,�pPPO.. !4 By may?EA i CA�TF'.py g U CA :'i c SLAL SEAL :O c Steven P. Anderson, Senior vice President of Washington international insurance Company 2[ aaiZm 1973 yr; m = &Senior Vice President of I\orth American Specialty insurance Company is I ;m �f q• \4;pn� David M. Layman, Vice President of Washington international Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 12012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of June 2012 before me, a Notar}, Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I ._0 "Offgi AL SEAL" DONNA D. SKLENS Notary, Public, State ofI inois Donna D. Sklens, Notary Public ! Commissim Expires 10/06/7015 1, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Wasbington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13 day of June 20 13 Jeffrey Goldberg, Vice President & Assistant secretary of Washingtoo International Insurance Company & North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On June 13th, 2013 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(- whose'nameH is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/thei-r authorized capacity fires}, and that by his/hff/their signature(-s) on the instrument the person(s), or the entity upon behalf of which the person(5j 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. �Rif(gGU►D0 WITNESS my�hand and official seal. COMM. # 2022671 i NOTARY PUBLIC CALIFORNIA p ORANGEIL M comm, expires May ' COUNiS 2C1�- - Swnature`of Notdry Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City ®f 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 September 25, 2013 Vido Samarzich, Inc. 4972 Crestview Place Alta Loma, CA 91701 RE: Lakeview Drive Sidewalk Neighborhood Rehabilitation Project — 00-1441 Enclosed please find your original bid bond for 00-1441. Sincerely, rs Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Vp 120L101 i Z C s -7—v> E- j {'c,- A&-- -A L oe",4 c9 � t ;;,o.1 C i s/ ,j-r/ ri b-r®,\-) 6 C q C L- Oc P_ SECTION C PROPOSAL for the construction of LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 31.0 QoNO in the amount of $ / 0 Z which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 PROJECT BASE BID: Basis of Award LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE, CC NO. 1441.................................................. C-2.3 to C-2.4 PROJECT BASE BID TOTAL AMOUNT LUMP SUM BID IN FIGURES: BASIS OF AWARD C-2.1 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE ATTACHED 1" BY '/4" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL ................... C-2.7 * ADDITIVE ALTERNATIVE #1 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ a u, ®® IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.2 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT FROM WESTLAKE CIRCLE TO SHOREVIEW CIRCLE CC No. 1441 C-2.3 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 Gvnst: : ti�rq: : : :.:.:.:.:.:.:.:.:.: : : : : : : :: : : :: :: :Coi}tract : ::: : :: ::unit : : : : P *e ded: ....... .................................. ::::::::.: .................. :Q"ntil Un)t::::::: f rkca::::: ::: ►r;i rrt: : REMOVE AND CONSTRUCT SIDEWALK 1 1 PER HB STD. PLAN 207 AND DETAIL ON 930 SF $ % 100 $ 8 3� O.00 SHEET 2 REMOVE AND CONSTRUCT SIDEWALK ®®. �aS�SSo. 2 2 WITH FOOTING PER HB STD PLAN 207 2,850 SF $23. $ AND DETAIL ON SHEET 2. CONSTRUCT METAL HAND RAIL, TYPE A (INCLUDING 1" BY 1/4" GALVANIZED 97,00 SBa� 3 3 STEEL BAR), IN NEW SIDEWALK WITH 340 LF $ $Zc FOOTING PER APWA STD PLAN 606-2 AND DETAIL ON SHEET 2. EXCAVATE FOR NEW SIDEWALK AND IRRIGATION BY HAND DIGGING OR AIR SPADE TO PROTECT TREE ROOTS FROM POTENTIAL DAMAGE OR DESTRUCTION. ROOTS EXTENDING UNDER NEW 4 4 SIDEWALK SHALL BE PROTECTED BY 13 EA $ Zoo. DO $ 600. o0 FORMING A SLEEVE AROUND THE ROOT WITH PROTECTIVE MATERIAL APPROVED BY CITY TREE SUPERVISOR PRIOR TO PLACING CONCRETE TO ALLOW FOR ROOT PROTECTION. ABANDON EX IRRIGATION AND INSTALL NEW 2" IRRIGATION MAIN PVC SCH-40, CLASS 315, AND INSTALL NEW 1" CONDUIT WITH PULL ROPE AND 6-14 5 5 AWG 600 VOLT TYPE OF IRRIGATION 630 LF $ y0. 00 $ ZZOO- 0 CONTROL WIRES. EXACT LOCATION TO BE DETERMINED BY IRRIGATION CREW LEADER. (INCLUDES SPLICE / VALVE BOXES, AND TIE-INS.) LOWER EXISTING GALVANIZED 6 6 HANDRAIL TO MEET APWA STD PLAN 606- 50 LF $ 4 0. 00 $ Z. goo oo 2. (42" FROM EXIST. GRADE) 7 7 REMOVE AND DISPOSE OF EXISTING 20 LF $ 20. 00 $ 400.oQ HANDRAIL AND FOOTINGS. i C-2.4 PROJECT BID SCHEDULE Lakeview Drive Sidewalk, CC-1441 trust::twin ::::: ::::: pescKPOO:::::::... ei�traci pen it�r ::::::::unit::: . l�c�at: >prres.:.. : jEjt' hded:: ..►r. . . . . 8 8 RAISE EXISTING WATER METER TO NEW FINISHED SIDEWALK SURFACE PER HB STD. PLAN 217 1 EA $ Z'00. 00 $ VOO. oil 9 9 REMOVE AND RECONSTRUCT CURB AND GUTTER PER HB STD. PLAN 202 (CF=6"). (ITEM INCLUDES SLOT PAVEMENT AND AGGREGATE BASE.) 20 LF $ 12 C. oo $ Z Soo. 00 10 CONSTRUCTION STAKING 1 LS $ %r 000. 00 $ l o� oo. 00 11 MOBILIZATION 1 LS $ 20 tea. 00 $2.0 .00 12 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ Z Sae. co $ Z, Soo. o0 13 PREPARATION AND IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1 LS $ /�00 $ / 000. 0 Total Amount Bid in Figures:_ $ 2 ®®. 00 Total Amount Bid in Words: ONE uivDA-4D / -rY ON& 1400#WD VNO I-L4fi.S C-2.5 SECTION C PROJECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING C-2.6 SECTION C PROTECT BID SCHEDULE LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROTECT from Westlake Circle to Shoreview Circle CC No. 1441 ADDITIVE ALTERNATE #1: WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM kg _ Item Co tract "' Unit Exte deog C3-yant6tu Unit�.-- r)perr�r�fiAn Price Amount ADD WHITE PROTECTIVE COATING TO THE ENTIRE NEW HAND RAIL FROM TOP TO BOTTOM (INCLUDING THE " 14 340 LF ATTACHED 1° BY 11" GALVANIZED STEEL BAR) USING LINE-X LIGHT INDUSTRIAL COATING, TUFF SKIN COATING, OR CITY APPROVED EQUAL Total Amount Bid in Figure Total Amount Bid in Words 0 (JAJ,O 0 1701-& 1 i-S f4 * IF SELECTED BY AGENCY THIS SHALL BE INCLUDED WITH THE PROJECT BASE BID ITEMS. C-2.7 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. Address qJ Mar Number;;_ Iqae FENc,e IV. (,LEWvdA.A RtI4 8v I b? `B C-13 ® oay.©o t_4 pv&47`f , C�9 g ® i - y 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 NONCOLLUSI®N AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the Sta e of California that the foregoing is true and correct and that this declaration is executed on 1' q , at tJt-z q j ep,A c; Date City State V1 1% L SAS e4 taw G14 , being first duly sworn, deposes and says that he or she is 1Pa43 ►q&-&rr of VIPM 5A,", to 9 cA4 . xpaG 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. L/ t t7o S A," An zl c- M Name of der Signature of blidder Lf °17 Z C-I►z s-ry P 6.4! P LA-c E Il --M W, -rr4 C,R 1 c -7o Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LAKEVI.EW DRIVE SIDEWALK NEIGHBORHOOD REHABILITATION PROJECT, CC No. 1441, (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: TUrtf t Contractor L/ By V la Pkvzs� /DAej- ' 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 o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-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: JvN6 17, 74 e3 Contractor By e.L.F, Pp --Fs ,oiCN 7— Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip 9011 187- 637-� Telephone Number `f 33 7-10 14 State Contractor's License No. and Class Ot--r- 1 fgBz Original Date Issued Expiration Date V I Po I.. .SA+--7 /4AI I C rs The work site was inspected by of our office on 311PJf- 17 , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: 14, f Or) !l7Dr� r ►�4 S�¢� Ate. Z t�wt .SEG y97Z CAZs r vIf�k) PL-4 C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Signature of Bi Printed or Typed Signature Subscribed and sworn to before me this 1=1 day of J'Cx� , 201'_ . LUPE SALGUERO •et COMM. #2025640 CO Notary Public - Calibmia S1 e �1 L Comm. E p- Am. 19. 2017A NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: C, T Y OF PA-s.4 ,Oen1 A I oo N I AAr-r eto Ayf- P A640APJ 9t Name and Address of Public Agency Name and Telephone No. of Project Manager: tW4. f2oftZ -roAs it JAD ,Soo Z oA o— Z- O u t Contract Amount Type of Work Date Completed 2. YOILGA L I rOe4 wo-7-d=2 171 s T;A. I a gr — 7 D7 E. m IAAL-P rr4 Ave P&OeS Mr15 Name and Address of Public Agency Name and Telephone No. of Project Manager: A7, Q154M 1460YA-eJ --&V) * 6 00_ o®o.® Contract Amount c Type of Work Oci z.c1 ?- Date Completed 3. C-IT/ DF ri7AA/MA--rTAy GMI ® VI®0 MtGHL4-^#o AVE. / ?AA§W"-IN Name and Address of Public Agency 9"e4f Name and Telephone No. of Project Manager: 07R... -°rtwt 5C- ff6bkA Cioq.71 —®2i T' / ®®0" 000. 00 C-o n+Lr c.TC- Contract Amount Type of W P?,*Y ?of 3 Date Completed C-9 BOND NO: VIDSA-1216 KNOW ALL MEN BY THESE PRESENTS: That we, VIDO SAMARZICH, INC., (hereinafter called the Principal), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized and doing business under and by virtue of the laws of the State of MARYLAND, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for LAKEVIEW DRIVE SIDEWALK NEIGHBORHOOD REHAB, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 14 day of JUNE, 2013. MO BY: MATTHEW R. DOBYNS, Attorney -in -Fact VIDSA-1216 Bond Number City of Huntington Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Randy SPOHN and Matthew R. DOBYNS, both of Santa Ana, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings„ and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of April, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 1NS "+•• (4Q�.00^'°14i.`•tty�,A?i 8EAL By Assistant Secretary ice President nc arnes omas c e on State of Maryland City of Baltimore On this 19th day of April, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLEN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above written. POA-F 012-3955A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of , ORANGE On before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person{-s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sire/they executed the same in his/ice/their authorized capacity {yes}, and that by his/b&/theif signaturets) on the instrument the personts), 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. 1 ERIKA GUIDO It COMM. # 2022671 : _ NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY M� Comm. explr®s M_ 9y_a' 2.017 1-- Sig turn of'Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT