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Nobest, Inc. - 2013-07-15 (4)
RECEIVED BY: CITY CLERK RECEIPT COPY Return 'DU PLICATE to / City Clerk's Office -' '(Name), m - after signing/dating (Date) / 2014 _' R _ 2 r, r" } t , 52 n_ +, E 0 . CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL 'COMMUNICATION TO: City Treasurer FROM:,, City Clerk DATE:1 /-�o /�/ SUBJECT: Bond Acceptance 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. fs CC No. �i�-4✓ MSC No. (Company Name) Approved Agenda Item No. City Clerk Vault No. Other No. SIRE System ID No. g1forms/bond transmittal to treasurer 0iffCity of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract r-dy DATE: January 09,2014 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: October 1, 2013 Contract Purpose: Retention Release for Construction Contract 1439, Keelson Street Rehab Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this ,1 Y_ /� Date rd Travis K. I certify that there are no outstanding invoices on file. 5))4- Date , Public Works Director Joyce ZacW Deputy City Treasurer I certify that no stop notices are on file on the subject contract, and t4pt a guaranty bond has been filed with this office. i r- D at6 Joan Flynn, City Clerk Retention —Release —Internal Memo.doc 1/9/2014 3:04:00 PM Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public 'forks 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC - 1439 Project: City of Huntington Beach Keelson Lane Rehabilitation Project The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VTC 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, sec, national origin, age or disability (with the exception of access for the disabled). T 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 , 2013 at Garden Grove , California. Nobest Incor oarted (Type Contractor .Name) By: Nam Title President `IL) 3 -.� 2459MI CONTRACTOR'S CERTIFICAME IJ Larry Nodland , state and certify that: (Name of Declarant) Nobest Incorporated is the general contractor to the City of Huntington Beach ("City") on Contract No. CC — 1439 (the "Contract") for the construction of the public work of improvement entitled: Keelson Lane 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 tern 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 "NONh" ): 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 Califomia that the foregoing is true and correct. Executed at Garden Grove, California On this 24th day of Aecember , 20 3 APPROVED AS TO FORM By: Narue: [Type Name] Larry Nodland Title: (Type Title) President 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 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC - 1439 Project: City of Huntington Beach Keelson Lane 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 win imum 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 Califomia, Department of industrial Relations, and/or the United States Department of Labor. T declare tinder 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 Grope ,California. Nobest Incorporated. (Type Contractor Name) M. Flame: ['Iy'�'Nam1 Title: [Type Title] Larry Nodland President f,1I i0b -"LS o3.3b • oln 247542.1 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF l- UNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION City Treasurer City perk Bond Acceptance A 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. (Company Name) Z L/ Approved (Council Approval Date) CC No. MSC No. Agenda Item No City Clerk Vault No. Other No. SIRE System ID No g:/forms/bond transmittal to treasurer This bond was executed in two(2) identical counterparts. Bond No. CAC711088 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That: Nobest Incorporated foDntraetoes 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 Three Hundred Forty Two Thousand Nine Hundred Sixty Three and 24/100 Dollars ($ 4 6 . 4 }, 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 Owner for the Rehabilitation of Keelson Lane Project CC-1439 accordance with drawings and specifications prepared by Joseph FuenteG P F. _ 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 orte 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 4th , 2C 13 . 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 below, 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 i 0 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 20 13 Principal Raised Corporate Seal [MUST BEAFFIXED] Principal Raised Corporate Seat [MUST SE AFFIXED] NOTES: 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. I Please attach Power of Attorney. 10-2567150583 Nobest Incorporated (Contractor Name) f. --"- .ivc— (Title) Merchants Bonding Company (Mutual) (Su m m f> (Seal) turo Ayala, torney-in-Fact 2 VEfl AS To FOR goORATH, City Attomgy ♦ � ,. � � i ?�'' � it :,' ! � 4 e State of California County of Orange On 12 2-L4 --1_� before me, Kay E. Anderson/Notary Public , (Here insert -name and title of the officer) personally appeared Nodland who proved to me on the .basis of satisfactory evidence to be the personX) whose name `is/subscribed to the within instrument and acknowledged to me that h%shetherrexecuted the same in hisdwr/Wauthorized capacity, and that by his/jweffieW signature on the instrument the person; or the entity upon behalf of which the personXacted, executed the instrument. I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) KAY E. ANDERSON Commission # 2031255 z •a Notary Public - California z z C Orange County >s My Comm. Expires Jun 27, 2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TIM 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 thisform 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 he 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 offincorrect forms (ie. he/sheldwy;- 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. 46 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document o+ 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 wwwNotaryClasses.com ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE STATE OF CALIFORNIA County of Orange } On 12/24/13 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 COMM. #1934229 n 04- Notary Public -California ORANGE COUNTY ay Comm. Expires Apr 29, 2015 r'„• who proved tome on the basis of satisfactory evidence to be the person(K) whose name( is/me subscribed to the within instrument and acknowledged to me that he/sire executed the same in his/bastbat authorized capacity(ie�), and that by his/hxkieir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(g) 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 nd official seal. Signature Place Notary Seal Above Signature of Notary Public Sus Pugh NN 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 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: None Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑• Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �_�`-c"= • _ • _ � _ - --._ ._ • _ _ ._ - _ _ =���'%c"�`�t;._. _ .� - _ _ _ — ._"^fie._ , = - _ _ — — — _ — — © 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-Bo0-876-6827 ,4"� MERCHANTS 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 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 27th day of February , 2012. .• O�NG•C?dl'• ;�o�oRF09 •A9•: az.— :3• 1933A. : c: STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7,7� President On this27thday 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� r Commission Number 770312� 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 24th day of December , 2013 : mo.•oa�o9 •A9. • 'V 9J:�e y; 1933 : c. Y. POA 0014 (11111) Secretary 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 15ON SACRAMENTO CA 95833-3505 Reference Information Effective Date NAIC #: 14494 California Company ID #: 2482-8 Date Authorized in California: 01/27/1982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: IOWA back to top NAIC Group List NAIC Group #: 3479 Merchants Bonding Cc 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:Hinteractive.web.insurance. ca. gov/companyprofile/companyprofile?event=companyP... 7/25/2013 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 IIIIIIIII III 1111111111111111111111111111111111111111111111111 111INO FEE 2013000564195 04:20pm 10/01/13 10 402 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: KEELSON LANE REHABILITATION CONTRACT-1439 That said work was completed September 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 September 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 September 27, 2013. 0 i ctor o a is Works or City Engineer ity 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 September 27, 2013. This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. it ctor of Public Works or City Engineer of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: r _ CITY CLERK RECEIPT COPY / Return DUPLICATE to City Clerk's Office :(Name) ; after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Siaar-i-Ff94e Awh; City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 0 �. have received the bonds for (dompany Name) Faithful Performance Bond No.�I Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. i MSC No. Approved Agenda Item No. (Coumcil Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR REHABILITATION OF KEELSON LANE TABLE OF CONTENTS Pam 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 3. COMPENSATION 4. COMMENCEMENT OF PROJECT 5. TIME OF THE ESSENCE 6. CHANGES 7. NOTICE TO PROCEED 8. BONDS 9. WARRANTIES 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 2 3 5 5 5 6 6 7 7 8 8 10 I 11 12 12 13 13 14 14 15 16 16 17 17 18 18 18 18 19 19 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 20 34. INTERPRETATION OF THIS AGREEMENT 20 35. GOVERNING LAW 21 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. COMPLIANCE WITH APPLICABLE REGULATIONS 21 39. MINIMUM WAGES 23 40. PREVAILING WAGE LAW 26 41. WITHHOLDING 26 42. HEALTH AND SAFETY 27 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 28 44. APPRENTICES AND TRAINEES 28 45. PAYROLLS AND BASIC RECORDS 31 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 34 47. SUBCONTRACTS 34 48. FEDERAL PARTICIPATION 34 49. DAVIS-BACON ACT 35 50. DISPUTES CONCERNING LABOR STANDARDS 35 51. CERTIFICATION OF LIABILITY 35 52. DISCRIMINATION, MINORITIES, ALIENS 36 53. EQUAL EMPLOYMENT OPPORTUNITY 36 54. COPELAND "ANTI -KICKBACK" ACT 37 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 38 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTRACT ACT 38 57. ENERGY CONSERVATION 39 58. HOUSING AND URBAN DEVELOPMENT 39 59. SUBCONTRACTS 40 60. CONTRACT TERMINATION; DEBARMENT 40 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 40 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 41 63. SIGNATORIES 42 64. ENTIRETY 42 m FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR REHABILITATION OF KEELSON LANE 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 Rehabilitation of Keelson Lane in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are g/agree/citywide/surfnet/federalCDBG I of 43 12/11 recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in 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. g/agree/citywide/surfnet/federalCDBG 2 of 43 12/1 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; 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, g/agree/citywide/surfnet/federalCDBG 3 of 43 12/11 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 "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. g/agree/citywide/surfnet/federalCDBG 4 of 43 12/11 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 Three Hundred Twenty -Eight Thousand Dollars ($328,000), 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 forty-five (45) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. 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 g/agree/citywide/surfnet/federa]CDBG 5 of 43 12/11 the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work g/agree/citywide/surfnet/federalCDBG 6 of 43 12/11 due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the- Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. g/agree/citywide/surfnet/federalCDBG 7 of 43 12/11 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 working 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 days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g/agree/citywide/surfnet/federalCDBG 8 of 43 12/11 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 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 g/agree/citywide/surfnet/federalCDBG 9 of 43 12/11 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. 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. g/agree/citywide/surfneUfederalCDBG 10 of 43 12/11 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 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 g/agree/citywide/surfnet/f'ederalCDBG I I of 43 l2/11 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 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. g/agree/citywide/surfnet/federalCDBG 12 of 43 12/11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or 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. g/agree/citywide/surfnet/federa]CDBG 13 of 43 12/11 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, 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, g/agree/citywide/surfnet/federalCDBG 14 of 43 12/11 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 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g/agree/citywide/surfnet/federalCDBG 15 of 43 12/11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect g/agree/citywide/surfnet/federalCDBG 16 of 43 12/11 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 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, 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. g/agree/citywide/surfnet/federalCDBG 17 of 43 12/11 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to g/agree/citywide/surfnet/federalCDBG 18 of 43 12/11 the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN Joseph Dale 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Nobest, Inc. Mr. Larry Nodland, President 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, 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 g/agree(citywide(surfnet(federalCDBG 19 of 43 12/11 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 and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. g/agree/citywide/surfnet/federalCDBG 20 of 43 12/11 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfneUfederalCDBG 21 of 43 12/11 training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this g/agree/citywide/surfnet/federalCDBG 22 of 43 12/11 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the .Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. g/agree/citywide/surfnet/federa]CDBG 23 of 43 12/11 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: and (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/citywide/surfnet/federalCDBG 24 of 43 12/11 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG 25 of 43 12/11 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this .Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG 26 of 43 12/11 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG 27 of 43 12/11 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage g/agree/citywide/surfneUfederalCDBG 28 of 43 12/11 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they g/agree/citywide/surfnet/federalCDBG 29 of 43 12/11 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g/agree/citywide/surfnet/federalCDBG 30 of 43 12/11 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) g/agree/citywide/surfnet/federalCDBG 31 of 43 12/11 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfnet/federalCDBG 32 of 43 12/11 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. g/agree/citywide/surfnet/federalCDBG 33 of 43 12/11 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG 34 of 43 12/11 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG 35 of 43 12/11 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ..influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG 36 of 43 12/11 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. g/agree/citywide/surfnet/federalCDBG 37 of 43 12/11 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection g/agree/citywide/surfnet/federalCDBG 38 of 43 12/11 Agency (EPA) List of Violating Facilities; pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and g/agree/citywide/surfnet/federalCDBG 39 of 43 12/11 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 60. CONTRACT TERMINATION, DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfnet/federalCDBG 40 of 43 12/11 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. B. Violation; Liability for Unpaid Waves; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/I'edera]CDBG 41 of 43 12/11 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. 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. 64. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG 42 of 43 12/11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on(,,(L �,/ &"T� , 20_/,3 _. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Nobest, Inc. • By: Mayor Larry Nod and 9pee".) ffe print name C' Clerk g ITS: (circle one) Chairman/President/Vice President INITIATED AND AP ROVED: AND Bye~'�/'`���'"'' Director of Publi Works Robert Nodland 11 REVIEWED AND A PROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 11j— �j City Manager APPROVED AS TO FORM: Cit Attorney &V g/agree/citywide/surfnet/federalCDBG 43 of 43 12/11 �/I / �x;xC/61i SECTION C PROPOSAL, for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 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 45 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°��'s �d�°U� in the amount of $ eO _ 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). B1C1 - -- -1- - 11 - - - - . I - - - - ... _ 0 _ 11 A 1 1 1 - 1- - - .1 - -- C-2 PROJECT BID SCHEDULE Iterri ....................................................................................................................... ..................................................................................................................... .... :Estimaaed:::::::::::::::::::::::::::::::::::::::::::::......::::< :: :ii titii :::::::::::: QY . ::::::: > Bid: Item :Descri. Lion ::::::::::::::: ............................. :::::::::::::::::::::::::::::::::::::::::::::::::::: ::: ::: : :::::::::::::::::::::::.......... .......,..............._.. :Un�t:P�r�ee::::::: Eaeterided ......... . Amouln:t:::: 1 1 LS Mobilization $ 06 $ l�D 2 2 EA Construct Curb Access Ramp per Caltrans Std. Plans A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) o $ I J00 y $ Z — 3 1 EA Construct Truncated Domes to Existing Ramp $ or 4 430 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface (includes Items 5 & 12 in plans) $ 6 r 5 46000 SF Furnish and Install Petromat Fabric across roadway surface $ 3 $ ✓, �uS 6 5 EA Adjust Sewer Manhole to match new finished surface $ ,c �a� /r $ 7 26 EA Adjust Sewer Lateral to match new finished surface $ $ Yen 8 9 EA Replace and adjust Water Valve Cover to match new finished surface $ 3 $ �(/ 7d� ✓ 9 27 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ 10 660 SF Cold Mill Existing AC 0.12' thick adjacent to side streets and taper to zero $ a (� $ of(" C-2.1 PROJECT BID SCHEDULE Item :Esti raaed:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;::::: ::::: ;;:::::::::: ::: Ezt idM . e.. ...... ............................................................................. $id: Item :Descri..:.:.:.:.:::...: P. ................. ;:::::::::::::::::: ................. : No....:::.Qu4tktity U�1it Pt'�e: moulnt... 11 17500 Cold Mill Existing AC 0.12' thick and taper to zero, T width a SF from' from gutter edge $ � $ 12 350 Cold Mill Existing AC 0.33' thick SF $ D� $ 13 2200 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 3 $ base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant and walkways in parkway) �� SF pad $ $ 15 2600 Remove and Replace Residential Driveway/Alley Approach per SF HB Std. Plan 209 and/or 107. ("W" per plan)(Item includes $ $ I7G'� onsite blending; does not include curb and gutter; includesltems 17, 25, & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ 7• $7 f residential curb and gutter, and painting addresses) 17 2 Remove Existing Tree with Diameter 12" and smaller And Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out 0 92- EA $ $ All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out EA $ All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurina Standard Trunk Tree with EA Root Barrier per HB Std. Plans 714, 715, 716, & 718 including $ �7 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by Thole centered at new tree location and replace with Class A top soil. 20 25 Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and EA $ plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) C-2.2 PROJECT BID SCHEDULE R..e..n.. . .:N6 ..:....E.....s....t..ft.. ...i..a.. ..t..e.d.. Quantity .................. . ........ ......... ..* .... . ... . ...I ........... .—...�..�. BidjteA..e.i 10".: .�..�..-...... .... P.......�.. �. ........ . � .�. .:. .......... uflit Prig ........ ......... ........ 21 25 NNOMEMENN EA 70,77,770 and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages for corner lots.) $ $ 22 1 LS 90 Day Plant Establishment $ $ 23 1 LS Provide I Year Landscape Maintenance $ 7 $ 7, 24 1 LS Furnish Traffic Control $ ox, $ 000, 25 1 LS Replace Traffic Striping in Kind including repainting blue curb and relocating "R99" sign $ $ Jli 26 22 LF Remove and Reconstruct alley gutter per 1-113 Std. Plan 107 $ 1, $ Total Amount Bid in Figures: $ 3.? `d, 000 - 0' Total Amount Bid in Words: three flqi?j1,o ------------------------------------ (2--� ---------------------------- ---- ------------- 1 - - C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. �d Name and Address of Subcontractor State Class Dollar % of w Zicense Amount Contract'. .. Number . s C r ss YVer 1,1144c pe QGfd7� ��ii UgDl,� � 9q Odd nn 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 1® ONC®LLUSION 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 foregoing is true and correct and that this declaration is executed on - � -d3 at <Tan.7 _;A / Date City State AAhJ , being first duly sworn, deposes and says that he or she is t of ,, , " 1 4c 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. Address of Bidder 6ar1'aw c� q,?Pl C-4 State of California County of orange On 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 nameXis/subscribed to the within instrument and acknowledged to me that he/sloe/i� executed the same in his/lyerlt authorized capacity(os), and that by his/txAt>r signature(s�on the instrument the person or 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. :.,. SCOTT MILNE II Q COMM. #1857898 WI SS my hand d official seal. L) ': : `� NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY �' of My Comm Expit®s August 12, 2013 (Notary Seal) Signature of Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California roust contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/t1iey,- 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. 4. 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 I- UNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the REHABILITATION OF KEELSON LANE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �0 , / & rl� Contractor pf ",2 f '�Iert -f 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: -49 Contractor 11 Lf Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: %dbet rnc. Bidder Name woo Avel-t-a Rve. Business Address City, State Zip ,71q , Telephone Number State Contractor's License No. and Class 7 J �7y Original Date Issued -7- 31-111 Expiration Date The work site was inspected by Ali kP GeW4 of our office on �100 e , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: L 1�ej&hal - P 4,1- 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. %'nmrianv \T- Subscribed and sworn to before me this 1, day of -,rVAJ 6- , 201-3. SC01T MIL NE A ^ � 0 COMM. #1857898 0 NOTARY PUBLIC--MIFORNIA Q �<�! i ORAPGE COUNTY \+ ,� My Con". EspW Augmt 12. 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. 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 Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-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 Pro , ress ►O , Project Name/Number: Reconstruction of Aulney Lane Project Description: Remove & Replace Concrete Sidewalk, Drive Approaches, Curb Ramps, Curb & Gutter Approximate Construction Dates: From: 10/2012 To: 1/2013 Agency Name: City of Huntington Beach Contact Person: Joseph Dale Telephone: (714) 536-5915 Original Contract Amount: $478,569 Final Contract Amount: $ 478,569 Page 3 No. 5 Project Name/Number: La Cuarta Street Reconstruction Project Description: Concrete Construction Asphalt Overlay, Water Line Replacement Approximate Construction Dates: From: 6/2011 To: 9/2011 Agency Name: City of Whittier Contact Person: Kyle Cason Telephone: (562) 567-9511 Original Contract Amount: $1,022,001 Final Contract Amount: $ 1,022,001 ►i . Proj ect 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 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): 1° f new hires as a result Will ensure that 0 /o o all e of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: koy Contact Phone: Signed: Date: *Note: The above certification is r�quired by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For REHABILITATION OF KEELSON LANE CC NO. 1439 in the CITY OF HUNTINGTON BEACH June 13, 2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 22 is a 90 Day Plant Establishment for sod and trees per "Maintenance and Plant Establishment" section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. 2) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 23 is a 1 Year Landscape Maintenance for trees only per "Maintenance and Plant Establishment" section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. Award will be based SECTION C acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number One, dated June 13, 13 Company fya meZ/ Date +/ All bidders must acknowledge and include the receipt of this Addendum with your bi ro osal. Shou you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 53 5431. GAConstruction Contracts (CCs)\CC1439 Keelson Ln Rehab\Advertisement\Addendum 1\ADDENDUM Ldoc THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: NOBIN-108 . ALA Document A310 �+ •. • :ill 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 lows 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: Rehabilitation of Keelson Lane CC No. 1439 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 shallbe null and void, otherwise to remain in full force and effect_ Signed and sealed this 4th day of June, 2013 Nobest (Witness) Merchants Bonding A1A. DOCUMENTA310 BID BOND a AIA 0 • FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS; 1735 N:Y. AVE., N.W., WASHINGTON, D-C. 20005 1 )at) {SeaO (Mutual) n State of California County of Orange On C�J� "3 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 nameojlis/a subscribed to the within instrument and acknowledged to me that he/sWt r executed the same in his, r/ authorized capacityC� and th t by histr signatureon the instrument the persoor 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. TNESS mf y and official seal. r (Notary Seal) Signature of Notary Public ' ° .1 757r MILNE II O ►- �, COMM, #1857898 V� ,.''I'I NOTARYPUBLIC-CALIFORNIA 0 `c •" ` "` % ORANGE COUNTY �. >� \.,, ` ,� MyComni.Expires August l2. 2013 ADDITIONAL OPTIONAL FORMATION 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 • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheld%),,- is fare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 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 vI2.10.07 800-873-9865 www.NotaryClasses.com STATE OF CALIFORNIA County of Orange On 6/4/13 Date • 1" before me, Susan Pugh Notary Public Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) SUSAN PUGH COMM.�1934229 n v, idotary Puolic-California �y GRAfdCE COUNTY LL � WrAy Comm. Expires Apr 29, 2015 who proved to me on the basis of satisfactory evidence to be the person(Y) whose name( is/Ee subscribed to the within instrument and acknowledged to me that he/sl3eAboy executed the same in his/hacAbek authorized capacity(), and that by his/kmAbeir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(N-) 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 `seeaal 47 Signature �Y ����c -� / Place Notary Seal Above Signature of Notary Public n 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: Document Date: 6/4/1 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C� Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bid Bond None Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wwA,.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-600-876-6627 MERCHANTS Bond No. N013IN-108 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 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. f,. 0 oR o0 "'��J��'• ... 'rat` �`i STATE OF IOWA COUNTY OF POLK ss. .• NG • CoM°•. ;00.0(tP0%�.•.09. y 1933 c: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7 /C7� 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 My Commission Expires OM1' 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 June 2013 pu•Ilrrpr" e • ...... ��\NG EOM • OR Q; ,0o•oRPogq•gy� f� /j Secretary 1933 ;'+.�- :yam• �o�: , POA 0014 (11/11)-;'`!y"• • "'%rU�,F� dr rrr"rir»•tq ���.�m�?s��m< �/����\ � � � �� �� .� w :� y y > e � � � §2 ?� `� } AI ®® CERTIFICATE ®F LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/5/2013 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: PNC.N • (949)852-0909 a/C No: (B49)852-1131 ADORES:csariana@milestonepromise.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Great American Assurance Co. 26344 INSURED Nobest, Inc. P.O. Box 874 Westminster CA 92684 INSURERB:Travelers Indemnity Company of 25682 INSURERCRSUI Indemnity Co. 22314 INSURERD:Travelers Property Casualty of 25674 INSURERE:Peerless Insurance Company 4198 INSURERF: r 11 -nA- /+CCTI Cl/+A TG LII IfldG CO•l 'J/l -4 Mnat KFVI\Iflw NIIMKFK' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ Exclude A CLAIMS -MADE OCCUR GLP2101532 0/1/2012 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 $ POLICY X PRO- LOC AUTOMOBILE LIABILITY Ea acIcidentNED SINGLE LIMIT 11000,000 BODILY INJURY (Per person) $ X B ANY AUTO BODILY INJURY (Per accident) $ X ALL OWNED X SCHEDULED 8100782P771 10/1/2012 10/1/2013 AUTOS AUTOS X X NON -OWNED ROPERdTYI' DAMAGE $ HIRED AUTOS AUTOS Uninsured motorist combined $ 1 000 000 X 1,000coll X 1,000comp UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4 '000, 000 AGGREGATE $ 4,000,000 C �{ EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 0 $ HA231428 10/1/2012 10/1/2013 WC STATU- OTH- D WORKERS COMPENSATION X AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ANY E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OF EXCLUDED? (Mandatory In NH) N / A 0782P771 10/1/2012 0/1/2013 E.L. DISEASE -POLICY LIMIT $ 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 $1 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Rehabilitation of Keelson Lane Project, CC-1439 City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured per the attached CG2037 and CA2048 endorsements. Coverage is primary and non-contributory per the attached GAC3649CG endorsement. GER 1 II-IGA i It MULUtK a,A19 \+GLEN 1 I V I• _... ... , I y ttomey SHOULD ANY OF�- EDi'QCr E CANCELLED BEFORE THE EXPIRATIONI) NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 6MONS. City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Catherine Sariana/CAS ACORD 25 (2010105) V Itlt$t$-[UTU AL VMLJ UVrcrVMM I Ivn. Pall IIMIIw fv; col vwu- INSn25 r?ninnm m Tho Ar nPn n- and Inn^ aro roniehorori marke ^f ar11RI1 CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN®CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of :those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to :the insurance afforded to these .Additional Insureds, the following addi- tional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and :advartising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory., inspection, architectural or engineering activities. 2. "Bodily injury;" or "property damage" oc- curring after. a. all work, including materials, parts or equipment furnished in connection with such work, .on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location. of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project: GG 20 33 (Ed. 07J04) XS Copyright, ISO Properties, Inc., 2004 Policy 4 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 i zatio ns(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 5d 1-1 0% THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NOWdONTh]BUtORY INSURANCE' ENDORSWONT This endorsement modifies insurance provided under the'fblloWing. -COMMERCIAL GENERAL LIABILITY -COVERAGE FORM OWNERS. AND COWRACT0I'S PROTECTIVE LIABILITY COVERAGE FORM This:insu' ai nce is primary to any other insurance held by third parties with respect to work performed by you under Written contractual agreements' witli such third parties and any other insurance which may be available to such third parties shall be non—contributory. GAC 3649(CG (Ed 11 /06) XS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 I i i Policy Number: GLP2101532 Insured (dame: Nobest Inc. CC, 24 0410 93 OTHERSTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the °products -completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 0410 93 Page 1 of Z WORKERS COMPENSATION TRAVELERSJ AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06163 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: (DTJUB-07821377-1-12 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 01 .00o % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issue. d unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the .policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 09-28-12 ST ASSIGN: Page 1 of 1 r. i � I�t � �� � � ;f s� � J ,% ?� •� L ., '.y �,� � 4 � y f,' '1 e �' j1 � r�A �l State of California County of Orange On July 16,2013 before me, Scott Milne II/Notary Public (Here insert name and title of the officer) personally appeared Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence o be the person(s) whose names) ' /are subscribed to the within instrument and acknowledged to me that��/they executed the same in /�r/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 tnie and cnrrect S my ;ial�seal. (Notary Seal) SCOTT MWM O COMM.MM. #1857898 00 U t= NOTARY PUBLIC-CALIFORNIA � O ORJ#GECOLNTY + \\ My Comm. ExpMAugutt 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 0 Individual (s) N Corporate Officer ( s ) President/Secretary (Title) 0 Partner(s) 0 Attorney -in -Fact 0 Trustee(s) 0 Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/tlme},- 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 v12.10.07 800-873-9865 www.NotaryClasses.com Policy No: 8100782P771 COMMERCIAL AUTO I THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. 13USINESS AUTOEXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of thl.s.en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE o INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES"INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO - LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE —INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.I ., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded. only un- til the 180th day after you acquire or form. the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. in A.1., Who Is An Insured, of SECTION It —.LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily Injury" or "property damage" occurs and that is In effect during the policy period, to be named as an addi- tional insured Is an "insured" for liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization .qualifies as an "insured" under the Who Is An Insured provision contained In Section It. C. EMPLOYEE HIRED AUTO 1. The fdlowing is added to .Paragraph A:1., Who is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement In that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA TS 53 0310 02010The Travelers. Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services orrice, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. In B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you tease, hire, rent or borrow from ered "autos" you own: any of your "employees':; partners (if you are (1} Any covered "auto" you lease, hire, a partnership), members (if you are a limited liability company) or members of their house. rent., or borrow; and holds. (2) Any covered "auto" hired or rented by "employee" (a) With respect to any claim made or "suit" your under :a contract in brought outside the United States of that individual "employee's" name, with your permission, white perform- America, the territories and possessions ing duties -related to the conduct of of the United States of America, Puerto your business. Rico and Canada: However, any "auto" that is leased, hired, (1) You must arrange to defend the "In - rented or borrowed with a driver Is not a "auto". sured" against, and investigate or set - tie any such claim or "suit" and keep covered us advised of all proceedings and ac- D. EMPLOYEES AS INSURED lions. The following is added to Paragraph A.9., Who Is (11) Neither you nor any other involved An Insured, of SECTION If. - LIABILITY COV- "insured" will make any settlement ERACE: without our consent. Any "employee" of yours is an "Insured" while us- (Ili) We may, at our discretion, participate Ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or In your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS —.INCREASED "suit". LIMITS (iv) We will reimburse the "insured" for 1. The following replaces. Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II —LIABILITY COVERAGE: pay as damages because of "bodily (2) Up to $3,000 for cost of ball bonds (In- Injury" or "property damage" to which this insurance applies, that the "in- cluding'bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para - we cover. We do not have to furnish graph. C., Limit Of insurance, of SEC - these bonds. TION II — LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11- LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time, off from work. "suit", but only up to and Included F. HIRED AUTO - LIMITED WORLDWIDE COV- within the limit described in Para- graph C;, Limit Of insurance, of ERAGE — iNDEMNITY BASIS SECTION 11 — LIABILITY COVER. The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.T., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: pllcable limit of Insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation Imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other Insurance available habits the transaction of business with or Page 2 of 4 02010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its permission. to the "Insured" whether primary, excess contingent or on any other basis. (c) This Insurance Is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the. minimum limits required by local law, Your failure to comply with compulsory insurance requirements will not Invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you compiled with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume. no responsibility for the furnishing of certificates 'of insurance, or for compliance In any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b„ Loss Of Use Expenses, of SEC- TION Ili - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". PHYSICAL DAMAGE - TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para graph A.4.a.. Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1.500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover - ago Extensions, of SECTION III PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "foss" to wearing ap- parel and other personal effects which are: (1) Owned by an 'Insured"; and (2) In or on your covered "auto". This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exciu- slons, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that ln- Hate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1,c., but only: a. If that"auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated. We will pay up to a maximum of $1,000 for any one "foss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2a., of SECTION IV -- BUSINESS AUTO. CONDITIONS: Your duty to give us or our. authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" Is known to: (a) You (If you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or Insurance manager (If you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 0310 02010 The Travelers indemnfty.Company. Page 3 of 4 Includes copyrighted material of insurance Services Oitice, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following Is added to Paragraph B.2., Con. cealmenk MIsrepresentatlon, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. 'How- ever this provision does not affect our right to col- lect additional. premium or exercise our right of cancellation or non -renewal. Page 4 of 4 0 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: FROM: City Treasurer �l DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (C6ur1cfl Approval Date) (Company Name) �%16�� C'7 i/e) dd Agenda Item No. City Clerk Vault No #27 g:/followup/bondletter.doc This Bond was Executed in PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT Two (2) Identical Counterparts BASED ON FINAL CONTRACT PRICE BondNo. CAC711088 Premium: $5,920.00 KNOW ALL PERSONS BY THESE PRESENTS, WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated July 16 , 2013, entered into C contract With Nobest Incorporated 7600 Acacia Ave., Garden Grove., CA 92841 (name and address of Contractort (hereinafter referred to as "Principal"), for performance of the Work described as follows: Rehabilitation of Keelson Lane Project, CC-1439 (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 Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and Merchants Bondinq Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321__ (game and addrsss of surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety") as Surety, are held and firmly bound unto City in the penal sum of forth in the Contract, in lawful money of the United States, for the payment of which Burn, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT' If the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall Indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obllgees'� from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, Which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the 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 Band. Surety waives notice of any adjustment of contract time or contract price, and. 277SO t PERFORMANCE BOND Page 1 of 2 Bond N0. CAC 7110 8 8 any other alteration, change,, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automalically adjust the penal surh of this Band to reflect such adjustments, alterations, changes, deletion's, additions or other modifications, Surety agrees to provide written confirmation of such adjustments In the penal sum to City on not less than a quarterly. basis. Surety also waives the provisions of Civil Code §§ 2845 and 2840. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work, IN VOTNESS MEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly.authodzed 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: July 16th, 2013 ATTEST (Corporate Seal) ATTEST EEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Nobest Incorporated 7600 Acacia Ave., Garden Gr ve, CA 928 (Principal Name) Title: President Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 5032: U life By�� Arturo A ala (Signature of Atto6e 3n-Fact for Surety) 800) 678-8171 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM, CITY 0 UNTINGTON 8EACH ae6nnifer Mc ath �115�1>s ity Attorney Note: This bond must be oxoouted in duplicate and dated aft *patwms must be notarized, and evidairee of, the aufhori of any person sfgning as atforney4i-fact must be attached. 27759L1 PERFORMANCE BOND Page 2 of 2 I r q q 14, G u,l �',WE4. State of California County of Orange On July 16,2013 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 persol 4whose name,-Xis/subscribed to the within in trument and acknowledged to me that he/stllexecuted the same in hislip authorized capacity ' s), and that by his eir signatureXon the instrument the person , or the entity upon behalf of which t e personacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I SCO1T MILNE 11 O my hand and f ic' eal. %�`�; '1 comm. #1857898 NOTARY PUBLIC-CALIFORNIA +" l! ORANGE COUNTY My Comm. EzpiresAugust 12, 2013 (Notary Seal) mature of otary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in 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 ifrequired o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment 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. o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helsheltlw�,,is lace ) 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). 0 Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ALL-PURPOSECALIFORNIA OD STATE OF CALIFORNIA County of Orange On 7/16/13 before me, Karen L Date personally appeared Arturo Ayala Ritto Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name() is/ subscribed to the within instrument and acknowledged to me that he/stmAbey executed the same in his/k authorized capacity(k3t), and that by his/ka signature(x) on the instrument the person(s), or the entity upon behalf of which the person(R) acted, executed the instrument. KAREN L. RITro i 1 certify under PENALTY OF PERJURY under the laws of COMM. #1965188 M Notary Public -California N the State foregoing is true g g and corre `n ORANGE COUNTY my Comm. Expires Dec 30. 2015 I, .r witness mal. AotaaryhPa.b'1acheern" Signature Place Notary Seal Above ren L. Ritto OPTIONAL. Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: 7/16/13 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate OfficerTitle(s):_ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ►INI4m 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: © 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 J Bond No. CAC711088 �A � ERCHTS 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 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 . G 10ld!4(ry' ••��`�C��O MERCHANTS BONDING COMPANY (MUTUAL) • P�tiQT'.,t2 e �O,•�ElP0 ' 9 • MERCHANTS NATIONAL BONDING, INC. •co -o- Q; L)• • . y. ter. 8y STATE OF IOWA +y� .... �a```, •°• COUNTY OF POLK ss. s�Fr"��nrE".•'��� ° • ° • • 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 : Commission Number 770312 My Commission Expires owl, 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 16th day of July 2013 'r•�.���"C 1'0 �J.e�� ' •,, ° ��p\'� P 0 D�'O •• a �/ �; h� Lam. •Oj�, O � co: . V l• •. < � !.�/Ls2G� 1933 c° Secretary PDA 0014 (11/11) PREMIUM IS FOR CONTRACT TERM This Bond was Executed in AND IS SUBJECT TO ADJUSTMENT Two (2) Identical Counterparts BASED ON FINAL CONTRACT PRICE Bond No. CAC711088 Premium Included on PAYMENT BOND Performance Bond KNOW ALL PERSONS BY THESE PRESENT$ that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Nobest 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: Rehabilitation of Keelson Lane Project, CC-1439 (project ttte) WHERE -AS,. Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materia=men, and other persons as provided by Jaw, NOW THEREFORE, we, the undersigned Principal, and Merchants Bonding Companv (Mutual) 2100 Fleur Drive Des Moines, IA 50321 {Rants and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Twenty Eight Thousand and _0 Z100 dollars; ($ 3 2 8, 0 0 0.0 0 ), this amount being not less than one hundred percent ,100%) of the total price set forth In the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall 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 c, 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 band; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the parsons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees tc pay all court costs and a reasonable atiorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, ?7sas.i PAYMENT BOND Page I of 2 Bond No. CAC7110 8 8 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §� 2845 and 2€349. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duty executed by Principal and Surety, on the bate set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals sighing. this instrument have been duly authorized pursuant to the authority of its governing txady. 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. Listed: July 16 to , 2013 ATTEST Nobest Incorporated (Corporate Sea►) 92841 (Principal Name) By. — Name_ its. - ATTEST Merchants Bondinq'Comany (Mutual) (Corporate Seal) 2100 Fleur Drive, Des Moines, IA 50321 �Life e) B' ilaRte: Arturo A al (Signature of x�y-in-Fact for Surety) 800 678-8171 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH BY,jennifer M-k--X, Me rath�t 56G Attorney Note: This bond must be executed in dat3iirs ate and dated, aft signatures raust be notarized, and evidence of the authcrity of any person signing as attorney -in -lac? mast be attached. 277549.1 PAYMENT BOND Page 2 of 2 State of California County of Orange On July 16,2013 before me, Scott Milne 11/NotarV 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 names/a subscribed to the within ' strument and acknowledged to me that he/ /ttexecuted the same in his /t authorized capacity and th t by his/her/their signature on the instrument the person, or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. °� SCOT, MILNE i! WITN;/A4ignaWre and and officia al. �- �< _ COMM. #1857898 � U b '?_=` NOTARY PUBLIC-CALIFORNIA O `"z, q" ORANGE COUNTY j My Comm. Expires August 12, 2013 of N tart/ Public {Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (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 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. 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). • 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 forms (i.e. belshc/theg;- 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. a 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). m Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 7/16/13 before me, Karen L. Ritto Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(i�) is/am subscribed to the within instrument and acknowledged to me that he/stm executed the same in his/harAtxk authorized capacity(f , and that by his/kedthEg signature(x) on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. �. KAREN L. RlTTv 1 certify under PENALTY OF PERJURY under the laws of ��' , COMM. #1965188 N Notary Public -California C� the State of California that the foregoing paragraph is true and correct. ORANGE COUNTY a Dec 3G, 2015 1. My Comm. Expires Witness my hl. fty SignaturePlace Notary Seal Above SignL. Ritto 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 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 — ❑ Limited ❑ General 9 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: 0 2007 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. CAC711088 MERCHANTS, 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 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 . :•O��\RPOq�9°• • Qs.• O 1933 : y� STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By/--f,7 7-z� 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 GREENWALT114.,'z ?- Commission Number 770312 r My Commission Expires owe 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 16th day of JiiIV , 2013 POA 0014 (11/11) ,F VYti' 2003 +,�.x�••,.�...•:r� `fit"�` .a P0,9• .q • Z: 1933 c: ,s Secretary Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: 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 rnipimum 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] SNW7rY O E._ �� CITYATT'QY ii.S o3- ab .(51 P 247542-1 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: r 1 OA �-U 3. Z° Qc Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] 1 IR R 4IY' A 7RNEY 11.,� 3-2Y6"CP 245911.1 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 . August 15, 2013 Ncbest, Inc. P. O. Box 874 Westminster, CA 92684-0874 Re: Rehabilitation of Keelson Lane — CC-1439 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, �`� � J L. Flynn, CIVIC Ci y 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 0 Waitakere, New Zealand ODept. ID PW 13-040 Page 1 of 2 Meeting Date: 7/15/2013 ,VRD d4'-b 6 — D ^ / <nW.JV � CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 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 Construction Contract in the amount of $328,000 to Nobest Inc. for the rehabilitation of Keelson Lane, CC-1439 Statement of Issue: On June 19, 2013, bids were opened for the Rehabilitation of Keelson Lane, CC-1439. 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 $370,454 are available in CDBG Business Unit 81581501 and $25,000 in General Fund Business Unit 10040314. i Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Nobest Inc. in the amount of $328,000; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: Keelson Lane is a multi -family residential street in the Oakview Enhancement Area, west of Beach Blvd, and adjacent to Slater Avenue. This street consists of 29 residential parcels with multi -family buildings ranging from 2 to 84 units. The scope of work includes removal and replacement of concrete sidewalks, driveway approaches, cross gutters, curb and gutter, handicap ramps, and identified street trees. The asphalt roadway will be cold milled and overlaid due to previous damage from existing tree roots. The engineer's estimate for this project is $350,000. Item 3. - 1 HB -3 s- Dept. ID PW 13-040 Page 2 of 2 Meeting Date: 7/15/2013 Bids were opened publicly on June 18, 2013. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid NOBEST INC. $328 000.00 $328 000.00 GMC ENGINEERING $341 940.00 $341,940.00 G2K CONSTRUCTION $387 000.00 $367,020.00 ALL AMERICAN ASPHALT 405 164.00 $405,164.00 EXCEL PAVING COMPANY $420,209.20 420 209.40 SULLY MILLER $467,983.00 $467,983.00 Staff recommends award of construction contract to Nobest Inc. in the amount of $328,000. Nobest, Inc. had successfully completed several similar projects in the City, including the rehabilitation of Aulnay Lane, CC-1419, earlier this year. The total estimated project cost is $395,454 which includes the construction contract, 10% contingencies, project management, and supplemental expenses. Public Works Commission: The Public Works Commission reviewed and approved the project on April 17, 2013, with a vote of 6-0-0. Environmental Status: This project has a categorically exemption from CEQA pursuant to Class 1, Section 15301(c). Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Location Map xB -39- Item 3. - 2 ATTACHMENT #1 Item 3. - 3 xB -40- NTS LEGEND ® STREET REHABILITATION LOCATION PROJECT LOCATION KEELSON LN. (SLATER AVE. - ELM LN,) RD 272 KEELSON LANE REHABILITATION. CC-1439 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -41- REV 6/26./2012 ®Ja 1 OF , Item 3. - 4 CITY OF HUNTINGTON BEACH " BIDS SUBMITTED� (AS READ A P ....... . . . . . Flo........ ... .......... ........ ::".N:K::::*: APPARENT:8lD:*AM0UNT* ............ . . . . . ....... ........ ...... .......... . .... .......... ...... .................. I All American s6hiilf;�qbro 4- 2 �p- Excel.Paving, Long Beach Q %�° 3 -sy,l G2K`t6nstrutti66, Inc.Encino 00* 4 GMC Engineering, 5 bbe�t-westm' N inster�= 6 Patriot 7 P�l Noble, -b rang 41: t 8 SeS anta-fe Si) %!%_rings 9 sull Miller Contraicting-CoMR y,, An-a'heim"- 10 Unique. Pel�fbrmapceConstruction, Anaheim- 12 k- 13 14 15 oom- Wl' 16 17 18 v 19 4" 20 21 0&4ik zz 22 Copy of Bid Opening CC-149-REHAB. OF KEELSON LN. O-D C-4 OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 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 20, 2013 Project/C.C. No.: C. C. No. 1439 Regard! ng:Keelson Lane, from Slater Ave to End. ® We are sending you: ❑ By Mail ® By E-Mail (Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Ifem_# . Copies _; !Pages.Description ._ .. 1 1 1 Notice In0ing Sealed Bids for CC-1439, Rehabilitation of Keelson bane From Slater Ave to End These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2012-65 (adopted on 09/17/12), the City Council authorized the advertisement of the above listed project. Please find attached the Notice Inviting Sealed Bids for advertisement on 5/23/13, 5/30/13, and 6/6/13. The bid opening is scheduled for 6/18/13 at 2:00 PM. Please contact me at 536-5259 with any questions you may have. By: - Jwo�_ IA'a� Jo ent6s, Cif, iv' Engineering Assistant c: file G:\CONSnUcnoN CONTRACTS (CCS)\CC1439 KEELSON LN REHAB\NISB\NISB TxnNSMrrAI.TO CLERK-CC-1439.noC Z/6 11-3 SECTION A NOTICE INVITING SEALED BIDS for the construction of REHABILITATION OF KEELSON LANE CC No. 1439 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 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 $25.00 nonrefundable fee if picked up, or payment of a $45.00 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. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of removal and replacement of concrete sidewalks, driveway approaches, cross gutter, curbs and gutters, parkways, curb ramps, and indentified street trees. The asphalt will be cold milled and resurfaced over fabric due to extensive wear. Project includes replacement of existing irrigations and turf in parkways. ® The contract shall allow the Contractor 45 working days to complete the contract ® The engineer's estimate of probable construction cost for the work included in the basis of award is $350,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of September 2012, by Resolution No. 2012-65. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH W 05-23-13 0614 06-06-13 nsk 3 if3l egal Huntington Beach by: 0622 daniel Arretche 13000 - Legal Notices N TCN HBI Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of REHABILITATION OF KEELSON LANE CC No. 1439 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 2:00 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 $25.00 nonrefundable fee if picked up, or payment of a S45.00 nonrefundable 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 determined by the Director of Industrial ad proof pg. t --- 1 x 191.410 19.00 TCN Inch Liner ince , .1 $ 427.50. nc9. $427.50 $427.50 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 42648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorpo- rate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 42648. 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 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, cash- ier's check, or bidder's bond made payable to the AGENCY for an amount no less than 101/ 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 State 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. Alt 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 Descriptioe:The project consists primarily of removal and replace- ment of concrete side- walks, driveway ap- proaches, cross gutter, curbs and gutters. parkways, curb ramps, and indentified street ad proof pg. 2 --- trees. The asphalt will be cold milled and resur- faced over fabric due to extensive wear. Project includes replacement of existing irrigations and turf in parkways. -The contract shall allow the Contractor 45 work- ing days to complete the contract -The engineer's estimate of probable construction cost for the work included in the basis of award is $350,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60days. 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 Published H.B, Indepen- dent 5l23,30,6J6,2013 --- ad proof pg. 3 --- STATE OF CALIFORNIA) COUNTY OF 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 23, 2013 Thursday, May 30, 2013 Thursday, June 6, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on June 11, 2013 at Los Angeles, California Signature SECTION j curbs and gutters, park - NOTICE INVITING SEALED_ Mays, curb ramps; and ; mclentified street trees. i BIDS The asphalt will be cold! for the construction of milled and resurfaced! REHABILITATION OF j aver fabric due to :ex - KEELSON LANE - tensive wear. Project in- CCNo. 1439. I cludes replacement "of' I the, CITY OF HUNTINGTON existing irrigations and. turf in parkways. BEACH *The ,contract shall al-: PUBLIC NOTICE 'IS low the, Contractor 451 working days to HEREBY GIVEN that, the CITY. OF HUNTINGTON com- plete the contract BEACH, as AGENCY, in- "The engineer's esti-- 11 vites sealed bids for the mate of probable con - above stated projects and will . receive such 11 struction cost for the i work included in the ba- bids in the office.of.the�; sis of award is $350,000. City Clerk, Second Floor, The AGENCY reserves 2000 'Main Street, Hun-f the right to reject any, tin¢ton Beach. Californial or all bids, to waive any - irregularity and to take 92648, up to the hour all bids under advise. ment for -of 2:00 PM on June 18, 2013: Bids will be pub-• a maximum I period -of 60 days. i BY ORDER of the CITY Iicly open.in the Council - Chambers unless other- wise posted. COUNCIL of the CITY OF Copies of the Plans, HUNTINGTON BEACH, Specifications, and con- CALIFORNIA, the IIth tract documents are. day of September.2012, available from the Office by Resolution No.' of the Director of Public 2012-65. I Works, .2000 Main Attest: Street, Huntington Joan L. Flynn Beach, CA 92648, upon CITY CLERK OF THE CITY payment of a OF HUNTINGTON BEACH $25.00 nonrefundable Published H.B. Indepen- fee if , picked up, or dent 5/23, 30; 6/6, 2013 )ayment of a" $45.00 — ionrefundable fee if >ent by UPS 'ground de-' ivery (bidder shall pay additional costs for spe- ;ial delivery). Any contract entered 6- o pursuant to this no- tice will incorporate the provisions of the State Labor, Code. Pursuant to the provisions of the Labor Code of the State of California, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workman needed to -execute the contract shall bethose deter- mined 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. This is a Davis -Bacon project and the Federal Regulations will be en- forced. Any contract en-' �tered ,into pursuant to this notice will- incor- porate the provisions of the Federal Labor Stan- dards, which are on file at the office of the Di- rector .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 provi- sions of the Public Con- tract Code, Section 10263. The Contractor. shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby af- firmatively ehsures 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, color, national origin,. ancestry, sex, or religion in any consideration (leading to the award of contract. No bid shall be consid- ered unless .it is pre- i " pared on the approved fr'", Proposal forms in, con- 7 1' formance with the' t Instructions to Bidders 1 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 ,. * jjz „M1 {; AGENCY for an amount r'�"' '�•n;�,_#,_� _.._ , : no less than 10% of the amount bid. The suc- cessful bidder shalt be licensed in 'accordance with provisions of the Businessi. and Profes sions Code and shall possess a State Con- tractor's License Class A at the time of the bid Al �* ° r� ,}?'. .�412k;-, opening. The successful "C t t' h' on rat or "and is sub- t contractors will be re- quired to possess busi- ness licenses from the F , _ AGENCY. All extension y of unit prices will be _ subject "to 'verification by the AGENCY. In case qr r- : ; a�•s' ;,:;:-= of a variation between, the unit rice and the extension,.the unit price will govern. Project Description: The project consists pri- marily" of removal and replacement of concrete sidewalks, ,driveway ap- proaches, cross gutter, UNSUCCESSFUL BIDS CC-143 9 Rehabilitation of Keelson Lane 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 21, 2013 All American Asphalt PO Box 2229 Corona, CA 92878-2229 RE: Rehabilitation of Keelson Lane—CC-1439 Enclosed please find your original bid bond for CC-1439. Sincerely, Jo L. Flynn, CM City Clerk J F: pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 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 45 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. Dn %� Accompanying this proposal of bid, find alooct�&Xb in the amount of $ /�% `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: C-2 PROJECT BID SCHEDULE It6in ..................... ...... No: Estimated ::::::::................: ............................................................................. uanri ty, :: .............................................................. $ii1: Item :Des¢ri. tio:::::::::::::::::::::::. P.. . `:: '.. ... .................................... ................. :::::::::::::::::::::::::::::::::::::::: ..Utcit Pt'lee: . E 6iided ................. 1�Iklou�l.t . . 1 1 LS Mobilization $ it - $ uzoo- 2 2 EA Construct Curb Access Ramp per Caltrans Std. Plans A88A. (Item includes all appurtenances, curb & gutter, depressed curb, sidewalk, domes, retaining curb, slot pave, etc.) $ WOO $ CQ= , 3 1 EA Construct Truncated Domes to Existing Ramp $ �1� — U $ -1e ` 4 430 TN Construct 0.12' thick PG-64-10 AC overlay across roadway surface (includes Items 5 & 12 in plans) $ M $ ��- 5 46000 SF Furnish and Install Petromat Fabric across roadway surface $ ®t1 $ o�- 6 5 EA Adjust Sewer Manhole to match new finished surface $ $3500 a 7 26 EA Adjust Sewer Lateral to match new finished surface $LQC�— $ qapo 8 9 EA Replace and adjust Water Valve Cover to match new finished surface $ 1-4 1 3 , $ 2 , 1 3 9 27 EA Replace water meter box frame and cover with City furnished box and cover to match new finished surface $ 310_ $ 310 10 660 SF Cold Mill Existing AC 0.12' thick adjacent to side streets and taper to zero $ ® CP5 $ 7 C-2.1 PROJECT BID SCHEDULE IteYn .............. :Esfimateil ::::. ..ii ed Ea�te..40. . ...... ...... ............................................................................. .. Biil:Itein:Deseri tion::::::::::::::::::::::: ................. ::::::::::::::::::::::::::::: ................. .. 11 17500 Cold Mill Existing AC 0.12' thick and taper to zero, 7' width SF from' from gutter edge $ $' —7 [" 12 350 Cold Mill Existing AC 0.33' thick SF $ ®-'—IO r� $ d�l. �". 13 2200 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $(,® base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). SF (Item includes fire hydrant pad and walkways in parkway) $ D $ - 15 2600 Remove and Replace Residential Driveway/Alley Approach per SF HB Std. Plan 209 and/or 107. ("W" per plan)(Item includes $ --1��, 4 � $ Iq 39(0 onsite blending; does not include curb and gutter; includesltems 17, 25, & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ e ` $ residential curb and gutter, and painting addresses) 17 2 Remove Existing Tree with Diameter 12" and smaller And EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ 3 - $ ��y� — �— All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ t �5� J $ All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurin Standard Trunk Tree with EA Root Barrier per HB Std. Plans 714, 715, 716, & 718 including $ $� Arbor -Gard or approved equal at base. Includes excavating 4' by T by 4' hole centered at new tree location and replace with Class A top soil. 20 25 Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and EA $ +(�(,�a-- + + + $ 50 s� plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner 1ots.) C-12 PROJECT BID SCHEDULE Item :EsOrmited::.....::::::::::::::: >:::::::::::::::::::::: »::::::::::: »>: >: .................................. .......... >: ;: >:: :::Ez n ed twid...... ...... ............................................................................. Bid: If in :Descri. fion ::::::::::::::::::::::: .:: ................. ::;; ::........... 1Jn:t Pace: ................. :::::::::::.::: : Amon 21 25 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ 2� $ 0100 for corner lots.) 22 1 90 Day Plant Establishment LS $ sob - $ 9 So - 23 1 Provide 1 Year Landscape Maintenance LS $ $ �o 24 1 Furnish Traffic Control LS $ 1_ C� c $ 25 1 Replace Traffic Striping in Kind including repainting blue curb LS and relocating "R99" sign $ $ 26 22 Remove and Reconstruct alley gutter per H13 Std. Plan 107 LF $- $ Total Amount Bid in Figures: $ -- Total Amount Bid in Words: --------------- �]UY.h_C_'^_t____________ (49 0.� f't Y i 7jeroc C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. �Bzd � � Name and Address of Subcontractors State Class � :Dollar" ,� � �% of i�� �en�Ar �ati�r�n+ev�,i�iYbr�ia �� S CwtesS , - TWU ` q 1 o IN7. }'C�LandSctx?p_ ("C. w(p5 I q6 � 1-T 12 'r602_705 JC00 G., l� r nn 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 Califorpithat foregoing true and correct and that this declaration is executed on l0—�% at C , _ Date City State being first duly sworn, depoaes.and says that he &r-ske is (� ofA10 PlAit-Qt AgMe 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. &NO -a - Name of Bidder afore of Bidder t V. P. D P, CA Address of Bidder ` 21w7V C-4 CALIFORMA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1908379 i Notary Public - California i ' � Riverside County My Comm. Expires Oct 26, 2014 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 17th day of June 2013, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (an (2) Name of Signer Prov to me on the basis of satisfactory evidence boAhe person who appeared before mg.) Signature /l/ l/ k - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit Document Date: 6-17-13 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here 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 REHABILITATION OF KEELSON LANE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: l ( ?—t 3 414 Contractor vice kesa)�u-� Title C-5 DISQUALIFICATION QUESTIOI®NAIRE 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 3-No If the answer is yes, explain the circumstances in the space provided. lA- If 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: � " 1 -7> (3 • � Le-6 hk-61naT Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: - enRP. Bidder Name P - o. �04 zzq Business Address City, State Zip (991) `25( -�(060 Telephone Number 2-47073 State Contractor's License No. and Class Original Date Issued I-31-IH Expiration Date The work site was inspected by J 1 tt Kc kl!�of our office on 2U.S �- , 2013 The following are persons, firms, and corporations having a principal interest in this proposal: 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. Aq A*kutm') *WA-tr Company Name Signature of Bidder �-kkL*PCE n I Printed or Typed Signature Subscribed and sworn to before me this day 201_ NOTARY PUBLIC . 11NOTARY 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of WWI,"Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Pr ' ranager: Contract Amount Type of Work Date Completed 3. Name and Address f Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 CALIFORNIA JURAT State of California County of Riverside BRENDA L. ROYSTER Commission # 1908379 Z Notary Public - California z Z "' Riverside County D My Comm. Expires Oct 26, 2014 Subscribed and sworn to (or affirmed) before me on this 17th day of June 2013, Date Month By (1) Michael Farkas Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and Name of Signer: Proved me on the basis of satisfactory evidence be person who appeared before me.) Signature Puce Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information Document Date: 6-17-13 Number of Pages: 2 Signer(s) Other Than Named Above: None Top of thumb here "2012" PAST WORK REFERENCES City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 Contact: Thomas Banks, (714) 754-5222 City of Perris 170 Wilkerson Avenue, Ste. D Perris, CA 92570 Contact: Chris Sunde , (951) 9�3-5604 City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Contact: Matt Sinacori, (949) 248-3574 City of Long Beach 333 W. Ocean Blvd., loth Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Contact: Alex Salazar, (714) 593-4516 2010-2011 Street Resurfacing Project Contract Amount: $2,800,000.00 Start: 6/l /2011 Completed: 4/30/2012 2010-2011 Citywide Street Rehabilitation Contract Amount: $2,778,000.00 Start: 7/l/2011 Completed: 2/29/2012 Foss Field Parking Expansion Contract Amount: $190,000.00 Start: 1/1/2012 Completed: 2/29/2012 Pacific Coast Highway & Niguel Shores Contract Amount: $676,676.00 Start: 12/1/2011 Completed: 5/30/2012 Willow Street Improvements Contract Amount: $661,661.00 Start: 12/1/2011 Completed: 6/30/2012 Bristol Street Widening Contract Amount: $8,315,754.00 Start: 5/l /2009 Completed: 3/16/2012 Edinger Avenue Improvements Contract Amount: $422,422.00 Start: 5/1/2012 Completed: 8/1/2012 "2011" PAST WORK REFERENCES City of Compton 205 South Willowbrook Avenue Compton, CA 90220 Contact: Loujuana Mitchell, (310) 761-1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contact: Franklin Lund, (909) 387-7920 County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: David Hylkema, (951),_850-6075 City of Stanton 7800 Katella Avenue Stanton, CA 90680-3162 Contact: Quang Le, (714) 890-4234 City of Long Beach 333 West Ocean Blvd., 10`" Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 City of Paramount 16400 Colorado Boulevard Paramount, CA 90723-5012 Contact: Len Gorecki, (562) 220-2111 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone, (714) 375-8471 Department of Transportation 464 W. Fourth Street San Bernardino, CA 92410-1400 Contact: Imad Abugharbieh, (951) 277-8579 Northwood Avenue Reconstruction Contract Amount: $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. Contract Amount: $565,000.00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation Contract Amount: $740,000.00 Start: 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/ 1 /2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415.00 Start: 5/1/2010 Completed: Still On -Going Neighborhood Street Resurfacing Contract Amount: $899,909.00 Start: 11/1/2010 Completed: 3/30/2011 Slater Avenue Improvements Contract Amount: $1,926,341.00 Start: 8/2/2010 Completed: 2/30/2011 Route 91 Project Contract Amount: $5,732,812.00 Start: 3/1/2010 Completed: 3/30/2011 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as.noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: 04 U kxe�uzoohu - Contact Person: 66ar &M94nI i y - Contact Phone: 7 S —o i00'� Signed: Date: l ?.®! *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For REHABILITATION OF KEELSON LANE CC NO. 1439 in the CITY OF HUNTINGTON BEACH June 13, 2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 22 is a 90 Day Plant Establishment for sod and trees per "Maintenance and Plant Establishment" section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. 2) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 23 is a 1 Year Landscape Maintenance for trees only per "Maintenance and Plant Establishment' section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. Award will be based SECTION C acknowledging all Addendums. This istoacknowledge receipt and review of Addendum Number One, dated June ,-Z0 14U I � /- WtL+1J Company Name CI3yKtC,1t"L Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431. G:\Construction Contracts (CCs)\CC1439 Keelson Ln Rehab\Advertisement\Addendum 1WDDENDUM IAA LOD Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto of Huntinqton Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rehabilitation of Keelson Lane from Slater Avenue to End Proiect No. CC No 1439 Bid Date: June 18, 2013 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31 st day of May A.2013 D., ALL AMERICAN ASPHALT (SEAL) ri , �7, 4i"tness Title FIDELITY -AND DEPOSIT COMPANY OF MARYLAND Surely '" ' By —_ (SEAL) A. Wilkison, Notary Public Witness William Syr in ftlorney-in-Fact Printed in cooperation with the .American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Dep(—i Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 17, 2013 before me, Brenda L. Royster, Notary Public , Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(i}ef-ftner(10— 7 who proved to me on the basis of satisfactory evidence to be the BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument Commission # 1908379 and acknowledged to me that he/sheA" executed the same in z :-® Notary Public -California z hisM,e', * authorized capacity(ies), and that by hisr"„hir Z "' Riverside County D signature(s) on the instrument the person(s), or the entity upon behalf My Comm. Expires Oct 26, 2014 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 forgoing paragraph is true and correct. WITNESS my#h3nd and official s9el. Signature Place Notary Seal Above Signature of NoKPublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond — City of Huntington Beach Document Date: May 31, 2013 Number of Pages: 3 Signer(s) Other Than Named Above: William Syrkin, Attorney -in -Fact, A. Wilkison, Notary Public Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner= ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ Genera RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: Signer is R resenting: All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ aa4 cat. saa��R,.aa vS �. e33... eta._ ,�.v✓�..� aCr-c_'. as ,.rSS�e!=�.' R.,:.�.-,:�x�'3S,.a State of California County of Orange On 05/31/2013 before me, A Wilkison, Notary Public r Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 Notary Public - California z z ` % m Orange County D My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(-&) whose name( is/efe subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/-He/their authorized capacityo"), and that by his/Her/4E4 signature(4 on the instrument the person(*} or the entity upon behalf of which the person(sp 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 U1 1ota1y Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 05/31/2013 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin D Individual Corporate Officer — Title(s): _ Partner — C7 Limited D General M Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ___...__.. Fidelity and Deposit Company of Maryland Top of thumb here I Number of Pages: One (1) Signer's Name: 7. Individual !. Corporate Officer — Title(s): Partner — ❑ Limited n General D Attorney in Fact i_1 Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatbwortl , CA 91313-2402 • www.NalionalNotary.org Item #5907 Reorder: Call Toll -Free 14800-876-6827 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. MCCLELLAN, 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 William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH 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 15th day of January, A.D. 2013. ATTEST: Assistant Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND .Iwo O � _y 4 n �t�Q�• `OwMlf�f'. '[���' SEAL ^" i --- C) — (,I. vot��( Vice President Thomas O. McClellan State of Maryland City of Baltimore On this 15th day of January, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, 11-1,0 4AS O. MCCLELLAN, 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 swom, 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. ',tt4l1'111141\\\\` Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA-F 012-0033D ALL AMERICAN ASPHALT P.O. BOX 2229 CORONA, CA 92878-2229 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 21, 2013 Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 RE: Rehabilitation of Keelson Lane—CC-1439 Enclosed please find your original bid bond for CC-1439. Sincerely, Jo L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For REHABILITATION OF KEELSON LANE CC NO. 1439 in the CITY OF HUNTINGTON BEACH June 13, 2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 22 is a 90 Day Plant Establishment for sod and trees per "Maintenance and Plant Establishment' section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. 2) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 23 is a 1 Year Landscape Maintenance for trees only per "Maintenance and Plant Establishment' section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. Award will be based SECTION C acknowledging all Addendums. This AMU 3rr iew of Addendum Number One, dated ne ,213. WJ4',dTt"tRf 1 Company Name By / Date }IIN 18 2013 C.P. BROWN, PRESIDENT All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431. . tA GAConstruction Contracts (CCs)\CC 1439 Keelson Ln Rehab\Advertisement\Addendum RADDENDUM Ldoc SECTION C PROPOSAL for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 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 45 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. "TEN PERCENT OF AMOUNT BID" Accompanying this proposal of bid, find ?)10 _ 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: I Pl'?.. Co-l3-IZ C-z PROJECT BID SCHEDULE Item ..... :E. ti...at d::::::: 5..�1k..e.. >:>::::::::::::::::::::::::::::::::::::: >::: >:::: >:: :: ........................................................ . ::::::: >::::: ::::::: E:a�#ended::::: ...... ............................................................................. Bid:Itein:Descri. fion:::::::::::::::::::::: ....P ................. :::::::::::::::::::::::::......::::: .......... ................. ............. . ti :::..... ................................. ::::::: :: .......,...... , Unit: `r�ee.. ...: ou ; 1 1 Mobilization LS $ 300oa .°" $ 30a12 2 2 Construct Curb Access Ramp per Caltrans Sid. Plans A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ $ sidewalk, domes, retaining curb, slot pave, etc.) 3 1 Construct Truncated Domes to Existing Ramp 00 ao EA $ -7 4 430 Construct 0.12' thick PG-64-10 AC overlay across roadway 00 TN surface (includes Items 5 & 12 in plans) $ 7S .5b $32 5 46000 Furnish and Install Petromat Fabric across roadway surface SF $ 2Z 00 $ )0 t Z 0 . 6 5 Adjust Sewer Manhole to match new finished surface CIO ODI EA $ 553. $ 7 26 Adjust Sewer Lateral to match new finished surface od EA $ 5. $ W010 8 9 Replace and adjust Water Valve Cover to match new finished 9D � EA surface $ �jZD , $•� 9 27 Replace water meter box frame and cover with City furnished 00 EA box and tmatch cover o macnew finished f sesurface b $ S75 ° $ i5525 . 10 660 Cold Mill Existing AC 0.12' thick adjacent to side streets and SF taper to zero $6 C-2.1 PROJECT BID SCHEDULE I ..tn to-w :.. knat il::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ......... e......................................................... . :::::: . :::::::::.....:::::::: iteh ..d::::: ..................................................................................................................... g�a: i>€ v �>r� t�o>n ...... : P ...:.. .............. o: .... :: .r>t�>r>�ti ........................... .................. . .......,.. _ ..... 11 17500 Cold Mill Existing AC 0.12' thick and taper to zero, 7' width SF from' from gutter edge $ �3 Z $ 5(D�iO 0 12 350 Cold Mill Existing AC 0.33' thick SF $ ���Z $ la •� 13 2200 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ (-1,5 11 $ q9 Oco O� base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). SF (Item includes fire hydrant pad and walkways in parkway) $ 6 O $ 540DO.O° 15 2600 Remove and Replace Residential Driveway/Alley Approach per SF HB Std. Plan 209 and/or 107. ("W" per plan)(Item includes $ () 1 $oZ��� _Ov onsite blending; does not include curb and gutter; includesItems 17, 25, & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ i '00 $ DDT pU residential curb and gutter, and painting addresses) 17 2 Remove Existing Tree with Diameter 12" and smaller And 0 Grind StumpTo 24" Below To Of Sidewalk/Grade. Pull Out $ W96-00 $ 330 EA All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And p0 0D EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ 61 �� $ �%3 a� . All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurina Standard Trunk Tree with cv 00 Root Barrier per HB Std. Plans 714, 715, 716, & 718 including $ 813 O $ - - -s/,a] EA Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by Thole centered at new tree location and replace with Class A top soil. 20 25 Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and 60 $1591. $1 5Z DD EA plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) C-2.2 PROJECT BID SCHEDULE Its m................................................................ Estiiiiat d::::::::::::::::::::::::::::::::::::::::::::::::::::::::: . >:: :::::::::::: E:xteiided::::: ................. ...... ............................................................................. ...... ........... $iil:Ite.:.... Lion:::::: >::::::::::::::: P........................... ................. ......; ........... ............. Uutt: Pr�ee::::: ..;:;;;:;;;:.;.;; ............ oralnt: 21 25 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ 91,5p $ / 0 3 iS Gb for corner lots.) 22 1 90 Day Plant Establishment LS $ /00D 0 $ /000.90 23 1 Provide 1 Year Landscape Maintenance LS $ W $ a0zo , eb 24 1 Furnish Traffic Control ogoo • $ 9Yob LS 25 1 Replace Traffic Striping in Kind including repainting blue curb 00 Ls andli"R99"i relocating sign $3ZOb• $37zo- 26 22 Remove and Reconstruct alley gutter per HB Std. Plan 107 $ �q .°° $ 7 3g LF Total Amount Bid in Figures: $ 4A01 .109 ..2.0 Total Amount Bid in Words: fbuZNCrNMD Tw&v%q THottSgivj�C-TVA h4AIU MD - ----------------------------------------------------------- -------------------------------------------- Nt #jC- DOLLM25 R� -�'Wt" cL-1�5 C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. yBzd Name and Address of Subcontracior., n State 3 Class Dollar % of Items); t License Azrount Contract' '' .. 1Viiriz5er x _t. K6' o ST- sa(P« Cal $etoba • 9H v I$182 BVSMAD PoLWTArNv4w11�) g2-77o k 1 51 �► rn 11,E-fL S~1. 9OZ705 S. 5 t>a Errrt , gZsrol� cJg9 dy o bo .60 s w�s�- s �a- ► �� (aZS�lg � ��o ATL7u�) 13f� rn�ss�o�! ROCK Wo• C-3gL' 8ct4a Iq 9"J-Toir POMLA 93c)&0 I AVK Co CWt- P 1�A 13170 -MUA'(L N4685o C-8 Z5 S SIP'AprN ►yyq VW6Vq�2pGJA-Yb-: 538� l -3L ICtoo.°" p.-7S /0 D►.[tA10101 ql-1 Q 1 P.R•S . Sro4 Z— °a �f lozyo sq,v siev* fl 530a • v to- cv ru I iza "MA gl-15Z 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 Statpf California that the foregoing is true and correct and that this declaration is executed N 1 , at LONG BEACH , CAUFOffl 1 Date City State BROWN , bein ffiAtl,rdClq orn, deposes and says that he or she is PRESIDENT of EXER PAYING MMM 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. R�. Name of Bidder Signature of Bidder 0, P� GROWN, PRESIDENT 2230 LEMON AVENUE Address of Bidder C-4 CALIFORNIA. ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County Of _Los Angalea On JUN 181013 before me, C. Phillips, Notary Public (Nero ituertt name and tide of the otricer) personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the persons whose named is/Aw subscribed to the within instrument and acknowledged to me that he/skts6&sgxexecuted the same in hisAadtheir authorized capacityQ20, and that by hisfivz ldf signature(a) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERRJRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS iDy hand and Official seal. C. PHILLIPS comm. #1.996177 n Notary Public -California rn (Notary Seal) k LOS ANGELES COUNTY LL Signature olnuq Public oar" .My Comm. Expires Oct. 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is ff a document is to be recorded otuside 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 eheck.the document carefully for proper notarial wording and attach thisform 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 tide (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. helshe/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.• • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cletk. 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 200E Version CAPA vl2. t0 07 800-673-9865 www.NotaryClasscs,coin 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 REHABILITATION OF KEELSON LANE, (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: JUN 18 2W Contractor C By G.P. BROWN, PRESIDENT Title C-s 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. 00. 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: JUN 11 8 2013 Contractor By C.P. BWWH, PRESIDENT Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PAQ INC. OBA EXCEL PAVING COMPAW 2230 LEMON AVENUE LONG BEACH, CA 90806 Business Address City, ( ) (562) 599-5841 Telephone Number STATE LIC. 688659 `A° State Contractor's License No. and Class Original Date S 1�) 1120H Expiration Date State Zip The work site was inspected by Bllrbum 5FC04of our office on 131 120113 The following are persons, firms, and corporations having a principal interest in this proposal: , LP WC.0 CEL PAVING CO Curtis P. Brown President and Chief Executive Officer Curtis P. Brown III Vice President and Chief Operating Officer Bruce E. Flatt 0 Vice President and Chief Financial Officer Marcia S. Miller Secretary is e e E. UraKURChAssistant ecretary 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. P . . INUBA CEL PONG COMMY Company Name Signature of Bidder C.P. EROVVN, PRESIDENT Printed or Typed Signature Subscribed and swornto before me this_ day oflUN 1-8 "" , 201 NOTARY PUBLIC C. PHILLIPS COMM. #1996177 er. Notary PUblic-California �. LOS ANGELES COUNTY IL My Comm. Exoires oer_ IQ It" aI# Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager:�+A(kA Contract Amount L Type of Work W Date Completed 2. e)o �0,191 64�k 6a C& /A, I k Name and Address of Public Agency Name and Telephone No. of Project Manager: A)AA �emn r I(Y i Contract Amount Ivve of 3. (NAA ('1V V'R- 1011, Completed Name and Address of Public Agency 1 Name and Telephone No. of Project Manager:0>6#J 1%, a--ro Contract Amount Type of Work Date �z pleted C-9 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of / 1968; or ✓ Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. PALP W.DBA Contractor: EXCEL PAVING COMPAW Contact Person: �ffQA 0a t'G VAA Contact Phone: jsv) 599-5841 Signed: L' � ,C.P.6MWN,PRE MINT Date: J i�18 2913 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310.(Febnirary,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized underthe laws ofthe state of Indiana as Surety, hereinaft%r called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the Slim 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 Keelson Lane Rehabilitation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee m accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fiunished in the prosecution thereof; or m the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may. in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 29th day of May , 2013 WIMM PALP Inc. dba Excel Paving Company phnchw I (mil) By. L A 4 w G- P• GROWN, PRESIDENT NamdTitle Federal Insurance Company Surety (Seal) WitnCSs �' � • Douglas . Rapp Attorney-irt-Fact ORSC 21328 (3/97) AGKNOWLEDGMENT State of California County of Orange On 05/29/2013 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(,%) whose name($) islafe subscribed to the within instrument and acknowledged to me that he/eheRhey executed the same in his/me* authorized.capacity(i-*, and that by hisA%404eir signature(jr) on the instrument the person(,!), or the entity upon behalf of which the person(p) 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. gCM � °Fr DEBRA SWANSON COMM. # 1997119 X W ® NOTARY PUBLIC-CALIFORNIA� p� ORANGE COUNTY N (Seal) MY COMM, EXP. NOV 10, 2016 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cNUlsa Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ----------- ------------ __---_----------- _------- _-- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. . (N Kenneth C. Wendel, Assistant Secretary . Norris, Jr., Vice President STATE OF NEW JERSEY County of Somerset ss. On this 16th day of December, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of.Attomey, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. .Notarial Seal J. ADc KATHERINE J. ADELAAR `� NOTARY PUBLIC OF NEW JFRSM A .o Ne, 2316665 f " d`toll Commission Expires July 16, 2014 Notary Public bEllV JF�� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys. in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by.the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and Chi) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 29th day of May, 2013. Kenneth C. We el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretyCchubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California Countyof Los Anee t es On IhlN 18 291 before me, C. Phillips, Notary Public (Here uvct name and tide of the ofrtcer) personally appeared C. P. Brown who proved to me on the basis of satisfactory evidence to be the persort(ls� whose named is/= subscribed to the within instrument and acknowledged to me that he/zkek1sopiexecuted the same in hisAnmtdzk authorized capacityQ@0, and that by hisfiwzWWg signature(s) on the instrument the person(g), 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. C. PHILLIPS COMM. #1996177 M WITNESS m hand and official seal. Y = = m Notary Public -California � ' LOS ANGELES COUNTY tc „o,,."• (Now Seal) My Comm. Expires Oct. 29, 2016 Signature of Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer .(Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tnistee(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 tf a document is go 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 jar proper notarial wording and attach this form (frequlred • 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 natne(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshe/they, is fare ) 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. v12 10.07 800-873-9865 www.NotaryClasses.corn PALP, INC. DBA EKCEL PAVING COMPAW 2230 LEMON AVENUE LONG BEACH, CA 90806 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 August 21, 2013 GMC Engineering Inc. 1401 Warner Ave., Ste. B Tustin, CA 92780 RE: Rehabilitation of Keelson Lane—CC-1439 Enclosed please find your original bid bond for CC-1439. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand t _ r GMC Engineering Inc. SECTION C 1401 Warner Avenue, Suite B Tustin, CA 92780 PROPOSAL for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 "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 45 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. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 1 0 % 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: N / A GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 C-2 PROJECT BID SCHEDULE tte stjiiiitea .......... ::::::::...... :: .............. ............... .................I..... .. ae :: xtea 0d:'.. ..:.E...... gill: Item :Deseri fioti::::::: .I ............................. :::::::::::::::::::::.... . :::: : ............. No::::: ... Q:tialiti ..::.. �3'.. ..:::::::................::::::::::::::::::::::::::::...... .. ...... ......,.. ,.......... Uult:P>r�ee:.....1 .. io. .... 1 1 Mobilization LS $ 30)000,00 $30,000-00 2 2 Construct Curb Access Ramp per Caltrans Std. Plans A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ �i� �I S' OQ $ 0,00 sidewalk, domes, retaining curb, slot pave, etc.) 3 1 Construct Truncated Domes to Existing Ramp EA $ SS0.00 $ 550.00 4 430 Construct 0.12' thick PG-64-10 AC overlay across roadway TN surface (includes Items 5 & 12 in plans) $ WOO $ 3 M' D 5 46000 Furnish and Install Petromat Fabric across roadway surface SF $ ,10 $ 9,200.00 6 5 Adjust Sewer Manhole to match new finished surface EA $ 500,00 $ 500.00 7 26 Adjust Sewer Lateral to match new finished surface EA $ 41S,00 $ 0 0.00 8 9 Replace and adjust Water Valve Cover to match new finished EA surface $ 535,00 $ 9 27 Replace water meter box frame and cover with City furnished EA box and cover to match new finished surface $ 106.00 $ 2,100.60 10 660 Cold Mill Existing AC 0.12' thick adjacent to side streets and SF taper to zero $ 1.0(5 $ �e 6 OeQO GN1C Engineering Inc. 1401 Warner Avenue, Suite B T..�.a'.. �► A nn�sen Tustin, GA 92 80 C-2.1 t PROJECT BID SCHEDULE st. ........:. :. ...: ::..: :: Bid Item::Desariphon.... . .. ... . Ito.. anti........... ... ...::.:::.::::..:::.::::::......... 11 17500 Cold Mill Existing AC 0.12' thick and taper to zero, 7' width SF from' from gutter edge $ 3b $ 5 1511� b0 12 350 Cold Mill Existing AC 0.33' thick SF $ 1150 0b 13 2200 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ 37 SO $ 00.0 0 base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). SF (Item includes fire hydrant pad and walkways in parkway) $ _ j.S $ �; 7 0.00 15 2600 Remove and Replace Residential Driveway/Alley Approach per SF HB Std. Plan 209 and/or 107. ("W" per plan)(Item includes $ 1. 5. $ 0 00 onsite blending; does not include curb and gutter; includesItems 17, 25, & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ 8.00 $ 0 residential curb and gutter, and painting addresses) 17 2 Remove Existing Tree with Diameter 12" and smaller And EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ 00 $ All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurina Standard Trunk Tree with EA Root Barrier per HB Std. Plans 714, 715, 716, & 718 including $ ` 40.6t) $ �3ao 00 Arbor -Gard or approved equal at base. Includes excavating 4by 4' by 4' hole centered at new tree location and replace with Class A top soil. 20 25 Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and $ gs0• bo $ i;150.00 EA plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for comer lots.) GAC Engineering Inc. C_2 2 1401 8rner Avenue, Suite Tustin, CA 92780 t PROJECT BID SCHEDULE x e>a... . :::: :::::` :.:: :ti Ci:::::::....::::..::::::::::.::::::.::::.::::::...:......::::::: :'.::: Bid:Iiem Description .,. I iit: Pt�ie 21 25 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages for corner lots.) $ 355. 60 $ 8�$75.00 22 1 90 Day Plant Establishment LS $ �'35p,p0 $ 1+350.00 23 1 Provide 1 Year Landscape Maintenance LS $ 2�000.00 $ 1,000.0 24 1 Furnish Traffic Control LS $ S S 5 0 $ 55 .00 25 1 Replace Traffic Striping in Kind including repainting blue curb LS and relocating "R99" sign $ 1000.00 $ _ a, 000,0 -T 26 22 Remove and Reconstruct alley gutter per HB Std. Plan 107 LF $ IS." $ 410,00 Total Amount Bid in Figures: $ 3 y l 4 `I 0.0 O -------Total Amount Bid in Words: 7'h�ee._Ftu,��e ci.__o���•f..QN�.TkQg,Ny� --- --- Amount ---------------- ------ ------------- WgA o� e GMC Engineering Inc. 1401 Warner Avenue, Suite Tustin, CA 92780 C-2.3 GIVIC Engineering Inc. LIST OF SUBCONTRACTORS 1401 Warner Avenue, Suite B Tustin, CA 92780 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 $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid > :r Item(s): Name and Address of :Subcontractor Lacense Amount ' ev' ntract'' Number �o�}ion of 31 i3-- 16 a(o BLACK ROCK CONSTRUCTION 282 N. St. Crispen Brea, CA 92821 '76,060,00 2g% 714-412-3106 Lie. # 943308 PCC Concrete STAR LANDSCAPE & MAtNT. Por+ions f9`a3 1300 Beechwood Fullerton, CA 92835 3 2� S00.Oo C 6 76 714-529-2548 Lic. # 329274 C27 Landscape / Irrig. V&E Tree Service, Inc. POBox 3280 )-71 1$ Orange, CA 92857-0280 (714) 997-0903 zy,o0o.00 77o Lic# 654506 Arborist SUPERIOR PAVEMENT MARKINGS aS 5312 Cypress Street Cypress, CA 90630 714-562-9100 a�060.00 1 076 . Lic. # 776306 STRIPING 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 8 GMC Engineering Inc. 1401 Warner Avenue, Suite B NONCOLLUSION AFFIDAVTI' Tustin, CA 92780 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 on6 / 18 / 1 fat Tustin CA Date City State Gennady Chizhik , being first duly sworn, deposes and says that he or she is President of GMC 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. GMC Engineering, Inc. Name of Bidder & t, Signature of Bidder G nnady Chizhik 1401 Warner Ave. Ste. B Tustin, CA 92780 Address of Bidder C-4 GMC Engineering Inc. UTILITY AGREEMENT 1401 Warner Avenue, Suite B Tustin, CA 92780 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 REHABILITATION OF KEELSON LANE, (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: June 18, 2013 GMC Engineering, Inc. Contractor By Gennady ChizlVik President Title C-5 GMC Engineering Inc. DISQUALIFICATION QUESTIONNAIRE 01 Warner Avenue, Suite B Q Q Tustin, CA 92780 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 X 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: June 18, 2 013 GMC Engineering, Inc. Contractor r By Gennady Chizhik President Title GMC Engineering Inc. 1401 Warner Avenue. Suite B C-7 Tustin, CA 92780 i GMC Engineering Inc. 1401 Warner Avenue, Suite B BIDDER'S INFORMATION Tustin, CA 92780 BIDDER certifies that the following information is true and correct: GMC Engineering, Inc. Bidder Name 1401 Warner Avenue, Suite B, Business Address Tustin CA 92780 City, (714 ) 247-1 040 Telephone Number 739091 A and B State Contractor's License No. and Class August 11, 1997 Original Date Issued August 31, 2013 Expiration Date State Zip The work site was inspected by Gennady Chizhi&f our office on June 11 , , 2013. The following are persons, firms, and corporations having a principal interest in this proposal: Gennady Chizhik Pres./Sec./Tress./Mgr. C-8 6` r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GMC Engineering, Inc. Company Name , , „ Signature of Bidder Gennady Chizhik Printed or Typed Signature Subscribed and sworn to before me this 18 day of June , 2013 SEE ATTACHED NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 1. Q 93 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Ma ger: Contract Amount Type of Work Name =Telephone of Public Agency Name No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed GMC Ennineerinn Inc. C-9 1401 Warner Avenue, Suite B Tustin, CA 92780 Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 1 8th day of June 20 13 by Gennady Chizhik , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Notary sea]) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder's Information (Title or description of attached document) Rehabilitation of .Keelson Lane ('Title or description of attached document continued) Number of Pages 2 Document Date 6/ 1 8/ 1 3 CC No. 1439 - Huntington Beach (Additional information) t INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. 1f a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. if the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary pub] ic. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 differentjurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA v1.9.07 800-873-9865 www.NotaryClasses.com F 89GINEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER ADDRESS Our Job # CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT City of Dana Point 33282 Street of the Golden Lantern, Dana Point, CA 92629 227-12 Matt Sinacori 949-248-3558 Pacific Coast Highway Median Improvements Phase 3 $ 995,000.00 OWNER City of Downey ADDRESS 11111 Brookshire Ave Downey, CA 90241-7016 OUR JOB# 205-06 CONTACT Jim Bautista PHONE (562) 904-7117 DESCRIPTION & CONTRACT AMOUNT Paramount Blvd. $ 394,771.00 OUR JOB# 162-02 & 162A-02 CONTACT Anthony La PHONE (562) 904-7118 DESCRIPTION & CONTRACT AMOUNT Paramount Gateway Streetscape $ 1,132,265.62 OWNER City of Huntington Beach ADDRESS 2000 Main Street Huntington Beach, CA OUR JOB# 218-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT Safe Routes to School - Cycle IV in the vicinity of Mesa AMOUNT View Middle School $ 170,000.00 OUR JOB# 215-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Magnolia Street Sidewalk Improvements $ 437,000.00 OUR JOB# 212-08 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Safe Routes to School, Cycle V - Sowers School $ 274,688.00 OUR JOB# 195-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Underhill Lane Improvements $ 577,577.50 OUR JOB# 190-05 CONTACT Eric Charlonne PHONE (714) 536-5430 DESCRIPTION & CONTRACT AMOUNT Adams & Brookhurst Intersection Improvements $ 434,974.00 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 9 Fax (714) 247-1041 GE AINEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER Inland Impire Utilities Agency ADDRESS 6075 Kimball Avenue, Chino, CA 91708 OUR JOB# 239-13 CONTACT Liza Munoz PHONE 909-993-1522 DESCRIPTION & CONTRACT El Prado Road Street Improvements, Project No. SA2001-16 and AMOUNT EN12012.00 $ 907,000.00 OWNER City of Anaheim ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# 233-11 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Anaheim Canyon Metrolink Pedestrian Improvements (Ph 1) $ 2,514,473.15 Our Job # 232-11 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Convention Way ("Transit Plaza") Street Improvement Project $ 1,988,853.50 OUR JOB# 221-09 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION &.CONTRACT AMOUNT Kraemer Blvd, and LaPalma Ave. Intersection Improvements $ 1,713,000.00 OUR JOB# 209-07 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. Roadway and Parkway Improvements $ 331,785.56 OUR JOB# 206-06 CONTACT Robert Luciano PHONE 714-765-5286 DESCRIPTION & CONTRACT AMOUNT State College Median & Landscape Improvements $ 1,687,843.50 OUR JOB# 204-06 CONTACT Dan DeBassio PHONE 714-765-6845 DESCRIPTION & CONTRACT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT OUR JOB# CONTACT PHONE DESCRIPTION & CONTRACT AMOUNT Lincoln Ave. / Sunkist St. Intersection Improvements $ 421,003.00 203-06 Dan DeBassio 714-765-6845 Harbor Blvd. / Ball Road Intersection Improvements $ 394,010.00 202-06 Dan DeBassio 714-765-6845 Lincoln Avenue Street Improveme�iis $ 1,678,026.00', 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 • Fax (714) 247-1041 NINEERINGlc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Brea ADDRESS One Civic Center Circle, Brea, CA 92621 OUR JOB# 189-05 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns $ 287,506.00 OUR JOB# 173-03 CONTACT Raul Lising PE PHONE (714) 671-4450 DESCRIPTION & CONTRACT State College Blvd./Lambert Rd Intersection Impts. & Brea Blvd. / AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 OWNER City of Chino ADDRESS 13220 Central Avenue, Chnio CA 91710 OUR JOB# 219-09 CONTACT Naghmen Imani PHONE (909) 464-8367 DESCRIPTION & CONTRACT AMOUNT Traffic Signal Upgrades- Chino Ave. at Pipeline Ave. $ 164,164.00 OUR JOB# 165-03 CONTACT Naghmen Imani / Pete Reinheimer PHONE (909) 464-8367/ 909-464-8305 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton; CA 92324-2897 OUR JOB# 172-03 CONTACT Victor Ortiz PHONE (909) 370-5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median Improvements $ 351,437.60 OUR JOB# 157-02 CONTACT Amer Jakher, PE PHONE (909) 370-5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA OUR JOB# 175-04 CONTACT Tom Banks PHONE (714) 754-5029 DESCRIPTION & CONTRACT Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to AMOUNT Arlington $ 193,026.47 OWNER City of Cypress ADDRESS 5275 Orange Ave, Cypress CA 90603 OUR JOB# 164-02 CONTACT Kamran Dadbeh PE PHONE (714) 229-6756 DESCRIPTION & CONTRACT AMOUNT Ball Road Parkway Improvements $ 290,325.37 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 r 0GINEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 OUR JOB# 210-07 CONTACT Louie Martinez PHONE (949) 724-7343 DESCRIPTION & CONTRACT AMOUNT Michelson Drive Improvements (From Royce to University Dr.) $ 497,710.50 OUR JOB# 168-03 CONTACT Steve 011o PHONE (949) 724-7562 DESCRIPTION & CONTRACT AMOUNT Harvard Blvd. Bike Trail $ 329,030.31 OWNER City of Laguna Hills ADDRESS 24035 El Toro Road, Laguna Hills, CA 92653 OUR JOB# 196-05 CONTACT Kenneth Rosenfield PE PHONE 949-707-2655 DESCRIPTION & CONTRACT AMOUNT Intersect Wide/Pvmt Resurf & Median Impts Molton Pkwy $ 1,064,003.60 OWNER City of Lake Forest ADDRESS 25550 Commercentre Drive OUR JOB# 235-12 CONTACT Angel Fuertes, P.E. PHONE 949-461-3490 DESCRIPTION & CONTRACT Rancho Parkway Street Improvements from Hermana Circle to AMOUNT Portola Parkway $ 2,905,962.20 OWNER City of La Mirada ADDRESS 15515 Phoebe Ave La Mirada, CA 90638 OUR JOB# 155-02 CONTACT Gary Sanui PHONE (714) 522-6821 DESCRIPTION & CONTRACT Rosecrans Pavement & Median Reconstruction Valley View to AMOUNT Biola $ 564,000.00 OWNER City of La Palma ADDRESS 7822 Walker Street, La Palma, CA 90623-1771 OUR JOB# 216-08 CONTACT Ismile H. Noorbaksh P.E. / Larry Baldwin PHONE 714-690-3310 ./ 714-292-2574 DESCRIPTION & CONTRACT Median Improvements for La Palma Avenue from Denni St. to AMOUNT 240 Feet West of Moody St. $ 380,380.65 OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Our Job # 171-03 CONTACT Marc Chagnon PHONE (949) 470-3091 DESCRIPTION & CONTRACT Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & AMOUNT Alicia Pkwy Median Landscaping $ 396,256.58 1401 Warner Avenue, Suite B, Tustin, California 92780 0 (714) 247-1040 • Fax (714) 247-1041 MINEEGRINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Mission Viejo (cont.) ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Our Job # 160-02 CONTACT Marc Changon PHONE (949) 470-3091 DESCRIPTION & CONTRACT AMOUNT Improvement of El Paseo Roadway & Traffic Signal Impts $ 223,734.33 OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 OUR JOB# 236-12 CONTACT Andy Tran, P.E. PHONE (949) 644-3315 DESCRIPTION & CONTRACT Jamboree Road Improvements From Bristol Street N. to Fairchild AMOUNT Road $ 1,489,907.50 CONTACT Iris Lee / Marcus Puglisi PHONE (949) 644-3323 / (949) 795-6942 DESCRIPTION & CONTRACT Pelican Hill Road North and Newport Coast Drive Southbound AMOUNT Right Turn Improvements $ 318,318.00 Our Job # 211-07 CONTACT Andy Tran P.E. ! Marcus Puglisi PHONE (949) 644-3315 ! (949) 795-6942 DESCRIPTION & CONTRACT AMOUNT Superior Avenue Median Improvements $ 634,118.50 Our Job # 179-04 CONTACT Robert Stein P.E. / Marcus Puglisi PHONE (949) 644-3322 / 949-795-6942 DESCRIPTION & CONTRACT AMOUNT Newport Blvd. / Balboa Blvd. Merger (Mixmaster) $ 273,625.75 OWNER City of Orange ADDRESS 300 E. Chapman Avenue Our Job # 230-11 CONTACT Alan Truong PHONE 714-744-5567 DESCRIPTION & CONTRACT AMOUNT Main Street Widening and Water Improvements $ 3,200,000.00 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramount, CA 90723 OUR JOB# 167-03 CONTACT Robert French — Willdan & Associates PHONE (562) 714-5599 DESCRIPTION & CONTRACT Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison AMOUNT Streets $ 867,957.00 OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 176-04 CONTACT Juan Rojas PHONE (951) 826-5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 GMC aG1NEERIN6u� GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Riverside (cont.) ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 174-04 CONTACT Juan Rojas PHONE (951) 826-5236 $ 330,076.68 DESCRIPTION & CONTRACT AMOUNT Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy OWNER City of Torrance ADDRESS 3031 Torrance Blvd., Torrance Ca 90503 Our Job # 238-13 CONTACT Craig Bilezerian P.E. PHONE 310-618-3054 DESCRIPTION & CONTRACT Measure R: N47 Maple Ave.at Sepulveda Blvd. 1-111 Project AMOUNT No. B2012-48 $186,319.00 Our Job # 166-03 CONTACT Sandy Cohen PHONE (310) 618-2824 DESCRIPTION & CONTRACT Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection AMOUNT Improvements $ 336,841.11 OWNER City of Upland ADDRESS 1370 N. Benson Ave Upland, CA 91786 OUR JOB# 177-04 CONTACT Alex Qishta PE PHONE (909) 931-4272 DESCRIPTION & CONTRACT AMOUNT Foothill Blvd. Medians $ 110,073.96 OWNER City of Wesminster ADDRESS 8200 Westminster Blvd. OUR JOB# 198-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT City Hall North Parking Lot Improvements $ 287,287.00 OUR JOB# 197-05 CONTACT Jake Ngo PHONE (714) 898-3311 x 217 DESCRIPTION & CONTRACT AMOUNT Westminster Blvd. Median Improvements from Beach to Edwards $ 2,100,000.00 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 207-07 CONTACT Mark Stowell PHONE (714) 961-7172 DESCRIPTION & CONTRACT AMOUNT Esperanza Road Mitigation Project $ 4,137,990.00 OUR JOB# 169-03 CONTACT Fernando Saldivar PHONE (714) 961-7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 9 Fax (714) 247-1041 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal.Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): N / A Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or N/A Will hire no new employees in conjunction with this project. N / A Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: GMC Engineering, Inc. Contact Person: Gennady Chizhik Contact Phone: 71 4-247-1 040 Signed: r-- Date: June 18, 2013 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we GMC Engineering, Inc. as Principal, hereinafter palled the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid Dollars (S 9 0% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rehabilitation of Keelson Lane 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 Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force a nd effect. Signed and sealed this 11th day of .tune 2013 GMC Engineering, Inc. ft4 (Fnncipaq (Seal) 6y: Gennady Chizh(k")_ president Western Surety Company �/ f ' ,(Surety) (Seal) .By(Title) Jeffrey R. Gryde, Attorney -in -Fact Printed in cooperation withthe American Insthute of Architects (AIA) by the CNA insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 -Bid Bond - February 1970 Edition. G-108041-A Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Kitow An Mtn By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation having its principal office in the City of Sioux Falis, and State of South Dakota, and that it does by virtue of the signature and seal herein axed hereby make, constitute and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby oanfermil to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instrumcntsof similarpatnre - In Unbmited Amounts - and to bind it thereby as ful ly and to the s ame extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby gi%cn, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof~ duly adopted, as indicated, by the shareholders of the corporation. In Witem Whereor, WESTERN SURETY COMPANY has caused these presents to be signed.by its Vice President and its corporate seal to be hereto affixed on fiis I Sth day of October, 2012. WESTERN SURETY COMPANY aul T. Brutlat, Via President State of South Dakota ss County of Mi ntebaba On this I day of October, 2012, before me personalty came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instnmrent; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by tic Board of Directors of said corporation and that be signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires E 3 J. MOHR June 23, 2615 sotnr+ PUBLIC ow > J. Mohr, Notary Pubtic CERTIFICATE 1, L. Nelson, Assistmrt Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney boreinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal ofthe said oorporadom this 11 th of June 2013 WESTERN SURETY COMPANY Form F4280.7-2012 L. Nelson, AssistantSecretary CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange . On June 11, 2013 before me, P Zeis, Notary 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 %-my P. ZEISCOMM. #1.974059 a Notary Public . California 1 Orange County 2 Comm, Expires Apr. 29, 2016 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMPNT (Tiller of deseript urn r+f attaohed 41tvunienti ( rift or description ofattached daetuncnt eimiinutrrt) Nutnl�--r of'Pagei Ehy—ument Date tAdditKrc,al infrinrtadtm} CAPACITY CLAIKED BY THE SIGNER E] Individual (s) U Cori -orate Officer {Tit1 ) 0 PartnWs) � .i�ttcrrrtzY-art-F;ict ❑ Trtlstet(s) Ej {alter rN5TRUCTIONS FOR COMPLETING THIS FORINf , nv uckn(mlerigmrent completed in Galfbmit mrrw contain verbiage exacit} as al>perrrs at�iu,• an ahe rrorory secriarr ar a .selmwe €eknowisdgmrent fa-mt Hurst be proea vti; compfeted and ariached it? ilrof docupwo. The only zrreprirta is a}" at documemi is to be recartiie<f sxus#dc rif i'rrfrfvreria_ In Such rnsrrrmC , 4n) alternorive ackaair letd rmeref vemhrtage at tna{v be printed on such n da:ntme at -v iong as rkr. I vrbiage does not regrrire die rrt xvy i© do srrrateihipg there is inegai ji:u- a notary is Cariifomm ta.r rertrfkvng the autlrarized cap4vlly of ibe sigrrery'. release check rhe documeptciveliellpfarmropernoarariarl rt=ratdingarnd attach thisJarru ifineguared. • State and Cotaity mforrmstim in" be like Sialt- and County where the dncwuew signosl Dcrstnaliy apt red Wore the natant public fen ackmiwlerfgrnent. • Date of wkariration nlusrbe lire t*e that the sr'gner(sl personally appeared which must also he the ,'Attie bait. the a6mowiedgmcnt is ronipleted. • the notary public roust print hit or her name as it appe2irs uvithix his or htar comtmisxir)n folktwed h ri Comma and then your title(rwtary pssl?iicl. • Print the nor»e(a) x,f dtar;uraent F gnafs) who PUSS ka€fy appear at the tinic of rtr,tarizati(1n. • Indicate lhL carrect singtfiiar or plural Rotors by cros%ing off inrnrmv fcmns halshcldto fr is ?aria ) orc%rcling. the ourtmi fortits, faiturc to cnrrrctly indicate this information omy lead to rej=6ewk cif ilmurricni trcoTtline. • The notary seal unp ss:ion must lie Clear itnd photugraplticallly repttdueible. Lnpress:irin mist am evv ti text tit tines, tf seal impression vnudges, re-scai if a skiff c icrii arcs pt:rniits, arilm Wise ctjmpletc a differmi acknrmledgime nt fonu. • Signature of the notary public must tnwzlt the signature tin file with the nffkce {r( the c*awy Clek yr Addilicval infbmtation is no4 retiuctvd but cuuM helix* to ensue this acknowledgment is not wfiwu ed or attached to a diffcrrat dnottowni. •; Indicate title err typeofatiached document, number of pages and date. tndicare the capacity claimed by the signer if the ctaiinetl eaWc-ity is a crwporate officer, indicate dire title {l.e. CEt,, CF4), Srcte ary}. + Securely attach this document 0 the signed dottiment CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 18, 2013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the personKwhose name(g�'is/Vi! subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/1w.T/t4e7P authorized capacity(jzsj, and that by his/W/tJieir signatureW on the instrument the person(g'), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond - Rehabilitation of (Title or description of attached document) Belson Lane from Slater Ave. ("title or description of attached document continued) Number of Pages 1 Document Date 6 / 11 / 13 o End - CC No. 1439 - H. Beach (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 acknovrledgmeni form Hurst 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 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) personallyappeared which must also be the same date the acknowledgment is completed. e 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.c. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea] impression must be clear and photographically reproducihlc. 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 SEALED BID FOR REI-iABILITATION OF KEELSON LANE FROM SLATER AVENUE TO END CC No. 1439 IN THE CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH, CA Bid Date: 6/18/I3 Bid Time: 2:00 Pill City of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 21, 2013 G2K Construction 17070 Encino Verde PI. Encino, CA 91436 RE: Rehabilitation of Keelson Lane—CC-1439 Enclosed please find your original bid bond for CC-1439. Sincerely, Jo L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan S Waitakere, New Zealand SECTION C PROPOSAL for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 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 45 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 l 0% 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 Bfdder's Signature 1 G l3 �3 C-2 PROJECT BID SCHEDULE Item : Estimated:.. : Bid Item Descript�o> Extended:.. No. uanti ' ... .. Uait:Price:: .. Amount:: 1 1 Mobilization LS $ $ ZS, 00. 3 2 2 Construct Curb Access Ramp per Caltrans Std. Plans A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ 2� ,. $ 111 ,. '1 ov sidewalk, domes, retaining curb. slot pave, etc.) 3 1 Construct Truncated Domes to Existing Ramp EA $ � �- $ 700 4 430 Construct 0.12' thick PG-64-10 AC overlay across roadway TN surface (includes Items 5 & 12 in plans) $ I 1 f� �-- $ ^Q 4S.D 5 46000 Furnish and Install Petromat Fabric across roadway surface SF $ D,2y $ 11/sro� 6 5 Adjust Sewer Manhole to match new finished surface EA �-�^ $ �� $2/SGU� 7 26 Adjust Sewer Lateral to match new finished surface EA M 8 9 Replace and adjust Water Valve Cover to match new finished EA surface $ ?J7V1 �� $ 9 27 Replace water meter box frame and cover with City furnished EA box and cover to match new finished surface $ ?SD , $ a 1-7GD 10 660 Cold Mill Existing AC 0.12' thick adjacent to side streets and SF taper to zero $ ' $ C-2.1 PROJECT BID SCHEDULE tem Estimated: ..... .... ...... .. . ..... Extended .. Bid rtem Description :No. uanti .. :: .. Unit Prim Amount..: 11 17500 Cold Mill Existing AC 0.12' thick and taper to zero, T width SF from' from gutter edge 12 350 Cold Mill Existing AC 0.33' thick SF $ 2,0 $ 13 2200 Remove and Reconstruct Curb and Gutter per HB Std. Plan 202 LF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ '33 — $ 72, 6W base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W=4'). (Item includes fire hydrant pad and walkways in parkway) 2 SF $ 1 7 15 2600 Remove and Replace Residential Driveway/Alley Approach per HB Std. Plan includes (� �' SF 209 and/or 107. ("W" per plan)(ltem $ 1 • $ 23i TUV onsite blending; does not include curb and gutter, includeshems 17, 25. & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan 205. (Item includes lot drain, slot pavement, aggregate base. R, r 1' 81J^ SF $ $ residential curb and gutter, and painting addresses) 17 2 Remove Existing Tree with Diameter 12" and smaller And EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And EA Grind Stump To 24"' Below Top Of Sidewalk/Grade. Pull Out $ 11 �✓ $' 7,J All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurina Standard Trunk Tree with Root Barrier per HB Std. Plans 714, 715, 716, & 718 including EA $ Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class A top soil. 20 25 Clear and Grub existing landscape including tree roots 24" below new finished surface, replace with Class A top soil, and � ^ 30, 0m EA $ f $ plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) C-2.2 PROJECT BID SCHEDULE Item — .... .: No. : :Estimated:: ... ::Quan:titv..::: ........... 7 77 Bid Item .:Deskription: ........ ........ I ....... ...... Unitftice:: Ex nded: Amount�: 21 25 EA Remove and Replace Irrigation for each parkway per address lot. (address lot includes shared parkway frontage and both frontages for comer lots.) $ $ 22 1 LS 90 Day Plant Establishment $ 2-1 $ 2 /7 DO 23 1 LS Provide I Year Landscape Maintenance $ $ AA. 24 1 LS Furnish Traffic Control $ $ 12, C673 25 1 LS Replace Traffic Striping in Kind including repainting blue curb and relocating "R99" sign $ $ 26 22 LF Remove and Reconstruct alley gutter per 1-113 Std. Plan 107 $ 40 $ goo 6 Total Amount Bid in Figures: $ Total Amount Bid in Words: Vrf,,ENDRVD qC*-Tl .. ................................................................... . ...................... I ............................ C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid 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 s t,� t ice, C-q q o03 L � .1 K b,n IF WAIT C-0 N gMAC,C t 0 �tY(f ` tic�K0 A/cq•J P vllkc WCQ 1131 ¢`fS2 fl Q �%2rD6v �j�ii•7 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 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 6/18113 , at Encino , Ca Date City State Emilia G. Levy , being first duly sworn, deposes and says that he or she is President of G2K 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. G2K Construction, Inc. 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 REHABILITATION OF KEELSON LANE, (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 Construction, Inc. Contractor '�' 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 64 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 G2K Construction, Inc. Contractor &'.-- Emilia G. Levy sy President Title 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 6 11— 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 Signature of Bidder Emilia G. Levy Printed or Typed Signature Subscribed and sworn to before me this /8#Iday of JIfA , 201,3. AMEuTA R. DIAZ Commission # 1968484 m Notary Public - California Z z Los Angeles County NOTARY PUBLICS my 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: 1. 3. Name and Address of Public Agency r Name and Telephone No. of Project Manager: 1 Contract Amount Name and Address of Public Name and Telephone V. of Project Contract Name and Address o lic Agency Type ork Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-9 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): V// Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: G2K Construction, Inc. Contact Person: Emilia G. levy Contact Phone: (818) 889-6046 Signed: Date: 6/18/13 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 jv co CD m G2K Construction, Inc 17070 Encino Verde Place Encino, CA 91436 Tel No; 818-889-6046 Fax No. $18-889-6048 Lie #940662 Subject Project References Contracts Completed in past (5) Years Project Name Owner Architect or Engineer Construction Manager Related Information & Location Contact Name Contact Name Contact Name Tel. Number Current Phone Number Current Phone Number Huntington Beach high Huntington Beach Union pjhm .Architects McCarthy Building Co. Modernization: Type —V-1 School Bldg `E' High School District 647 Camino de los Mates, 1905Main Street Construction Value: $2,211,134.00 Bleacher 5832 Balsa Avenue Suite 201 Huntington Beach, CA 92648 Started on 01-14-2009 _Southside 1905 Main Street Huntington Beach, CA 92649 San Clemente, CA 92673 Ron L. Langhoff % of work Completed :100% Huntington Beach, CA Celia Taylor: Robert Lena 714-841-8177,-Tel START: JAN. 2009 TO SEPT 2009 92648 714-903-700OX4350 949496-6191 714-841-8872-Fax Fax:714-372-8105 enzQRibm.corn rlanehoMmecartltv.Mni West Valley Refuse City of Los Angeles City of Los Angeles City of Los Angeles New Construction Maintenance Facility Dept. of General Services Dept. of General Services Dept. of General Construction Value: $ 7,769,363.75 & Upgrade 111 E. First Street, Rm 601 111 E. First Street, Rm 601 Services Original Scheduled Completion 8840Vanalden Ave. Los Angeles, CA 90012 Los Angeles, CA 90012 111 E. First Street, Rrn % of Work of Completion: 100 Nort Mark Butler Mark Butler 601 Los Angeles, CA START: OCT. 2007-APRIL 2010 hridge, CA 91324 213-978-3793 213-978-3793 90012 Under LEED Certification Mark Butler 213-978-3793 LAHC-New Child Build-LACCD PBWS Architect ARCADIS U.S. Inc. New Construction Development Center 915 Wilshire Blvd. 1040 Lincoln Ave. 1111 Figueroa Place Construction' Value: $6,580,811.00 1111 Figueroa Place Ste. 810, L.A.CA 90017 W. 200 Pasadena, CA Wilmington, CA 90744 Original Scheduled Completion Wilmington, CA 90744 Dan Robb Jennifer McIsaac Jennefer Garcia % of work of Completion: 100 213-996-2589 626-432-5000 310-221-8308 START. SEPT 2008 TO DULY Aauiel,robb a uild- 2010 laced.onz Under LEED Certification- 2 W 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 Bast Carson St. Long Beach, CA 90808 Lisa Hernandez 562-938-5068 County of Ventura. Public Works 900 S. 'Victoria Ave. Ventura, CA 93009 Susan Pan Project Manager San Gabriel Unified School District 408 Junipero Serra Drive San Gabriel, CA 91776 Susan Celaya 626-451-5429 17070 Encino Verde Place Encino, CA 91436 Tel No. 818 889--6046 Fax No. 818-859-6048 Lie. #940662 Architect or Engineer Contact Name Current Phone Number Martinez Architects 805 Pershing Dr: Ste. 201 Playa Vista, CA 90293 Norberto Martinez 310-306-4709 WLC Architects, Inc. 8163 Rochester Ave. Suite 100 Rancho Cucamonga, CA 91730 Kelly Needham, Principal Architect IBI Group (formerly Thomas Blurock Arch) I W I 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, L13CCD 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 Abacus Project Management 20201 SW Birch Street Suite 240 Newport Beach, CA 92660 Randall Gamache 949.851.1015 ry VP Rj GIB' i YV 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 Ends 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 days % of completion: 100 % OD OD 400 M 0 w City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For REHABILITATION OF KEELSON LANE CC NO. 1439 in the CITY OF HUNTINGTON BEACH June 13, 2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 22 is a 90 Day Plant Establishment for sod and trees per "Maintenance and Plant Establishment" section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. 2) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 23 is a 1 Year Landscape Maintenance for trees only per "Maintenance and Plant Establishment" section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. Award will be based SECTION C acknowledging all Addendums. This is to acknowledge receipt and review of Addendum Number One, dated Ju a 13, 2013. G2 K CON17 UCT70io (U) C Company Name a/«// ? By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-5431. G:\Construction Contracts (CCs)\CC 1439 Keelson Ln Rehab\Advertisement\Addendum i\ADDENDUM l.doc The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, M1 48075 BID BOND 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 Huntington 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 Rehabilitation of Keelson Lane, CC No. 1439 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. Ow, 4 -ke X BY (Witness) G21K Construction, Inc. Principal The G=1in, of North America USA BY: orney-In-Fact CALIFORNIA ALL-PURPOSE• ey an^'rY" y"' y- �"rr. y; y';'� �y � i�7-`e7' d-" y: t� `eY ��• s'r' svr� �tiL r%6Led4�: �' ey- a• -- �- - L. 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. HERNANDEZ Commission # 1905285 Q I� Notary Public California v z z �:; Los Angeles County My Comm. Expires Sep 24, 2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/ -am subscribed to the within instrument and acknowledged to me that he'-she,"heq executed the same in his/"-_'r,�r`; # authorized capacityoes), and that by his',7;e4' 4eir signatureH 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 sea F 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 Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is. Representing: The Guarantee Company of North America USA Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General. ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator "thumb ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800.876-6827 THE 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 Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. 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. ^' 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 Arty' / 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. Takai r Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 r ' 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 Musselman, 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. _,pnNTpE�a� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14 day of June, 2013 =G NA a o Randall Musselman, Secretary &A-K aN,;TT�4C-T1pfj, 19& 17D79 NC,10 Y Rpe fL qj ell # t CJk q I ij % 1 ., SEFACUP all) J�RZ V^f u -T�-1tc)tJ Of fiz-F.FL-sat� LAiAe to 4e CTV CT- WT109TD� REP,0-..ice MT CMO wt'Rr ORWCAP-- N ,De4%vcr 41) Thia oPf>fce� �rr -W CAT/ eL - U� M AEI 0 9TREG7 T' r 2t%,PA -PLW ej+w N-n"TDN 136NCA , CA 9)29-4 g 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 21, 2013 Sully -Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 RE: Rehabilitation of Keelson Lane—CC-1439 Enclosed please find your original bid bond for CC-1439 Sincerely, Jo L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand .. 6 SECTION C PROPOSAL for the construction of REHABILITATION OF KEELSON LANE from FROM SLATER AVE. TO END CC No. 1439 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal. is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted. for award, BIDDER agrees to enter into a contract with AGENCY at the, unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $10% of Total 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 sianifv receipt of all Addenda here, if any: 1 June 13, 2013 Ra mond anchez, Assista�A Secretary C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For REHABILITATION OF KEELSON LANE CC NO. 1439 in the CITY OF HUNTINGTON BEACH June 13, 2013 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 22 is a 90 Day Plant Establishment for sod and trees per "Maintenance and Plant Establishment' section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. 2) CLARIFICATION TO ITEM IN BID SCHEDULE page C-2.3 Bid Item No. 23 is a 1 Year Landscape Maintenance for trees only per "Maintenance and. Plant Establishment' section in Specification. This will include, but not be limited to additional watering as needed, mowing, weed/debris removal, and fertilization. Award will be based SECTION C acknowledging all Addend This is to acknowledge receipt and review of Addendum Number One, JatdJune , 2 3. Sully -Miller Contracting Company ------4 1., L__a Company Name By AMMO SANCHEZ, ASSISTANTS RETARY June 13, 2013 Date All bidders must acknowledge and include the receipt of this Addendum with your bid"proposal. Should you have any questions regarding this Addendum, please call Joseph Fuentes at (714) 536-543-r.. G:\Construction Contracts (CCs)\CC1439 Keelson Ln Rehab\Advertisement\Addendum RADDENDUM I.doc PROJECT BID SCHEDULE :< .'•:sae#eided ........:.......•.................•. '' .::.:.::.:.:':.:.:.:::: B:a ;€D��� .... 4 ..................... . ....................................... :::::....:....::.:..............::..:.:.:.:.,..::: :::::::::::::::::::::::::::::::;:;:::;:::::;: . -it:Piiie::: . >::: iiioujitt:_:::: 1 1 Mobilization LS $oc $ 1© Oo 2 2 Construct Curb Access Ramp per Caltrans Std. Plans A88A. EA (Item includes all appurtenances, curb & gutter, depressed curb, $ I, Li co - $ qt 5M sidewalk, domes, retaining curb, slot pave, etc.) 3 1 Construct Truncated Domes to Existing Ramp EA $ S3y — $ S 3ci� 4 430 Construct 0.12'thick PG-64-10 AC overlay across roadway ,N surface (includes Items 5 & 12 in plans) $ 1 20 — $ S+ toe 5 46000 Furnish and Install Petromat Fabric across roadway surface S $ e 13 $ b 5 Adjust Sewer Manhole to match new finished surface EA $ 5rS' $ s7S 7 26 Adjust Sewer Lateral to match new finished surface EA 8 9 Replace and adjust Water Valve Cover to match new finished EA surface $ -7O -- $ 55 3o -" 9 27 Replace water meter box frame and cover with City furnished EA box and cover to match new finished surface $ $ 15 10 660 Cold Mill Existing AC 0.12' thick adjacent to side streets and SF taper to zero $ $ C-2.1 PROJECT BID SCHEDULE :.:.::......Ite .... esc...p . o ....... .... ................................ ................ . 11 17500 Cold Mill ) misting A.0 0.12' thick and taper to zero, T width SF from' from gutter edge $ n C( 12 350 Cold Mill Existing AC 0.33' thick SF $ $ 1 l y 70 13 2200 Remove and Reconstruct Curb and Gutter per 111) Std. Plan 202 EF (CF=6"). (Item includes lot drain, slot pavement, aggregate $ e $ 5 base, residential driveway curb and gutter, and painting addresses) 14 9000 Remove and Replace Sidewalk per HB Std. Plan 207 (W�4'). SF$ d l i I (tem includes fire hydrant pad and walkways iparkway) n pay 6 ' - $ �H�c�o 15 2600 Remove and Replace Residential Driveway/Alley Approach per SF EB Std. Plan 209 and/or 107. ("W" per plan)(Item includes $ r •� $ 5-3 onsite blending; does not include curb and gutter; includesltems — ----' 17, 25, & 26 in plans) 16 1250 Remove and Replace Residential Cross Gutter per HB Std. Plan SF 205. (Item includes lot drain, slot pavement, aggregate base, $ i '2;�" $ j 2- 5-0 residential curb and gutter, and painting addresses) f 17 2 Remove Existing Tree with Diameter 12" and smaller And 1-7 2„0 EA Grind Stump To 24" Below Top Of Sidewalk/Grade. Pull Out $ $ ''SO All Roots Within Proposed Improvements. 18 14 Remove Existing Tree with Diameter 13" and greater And BA Grind StumpTo 24" Below To Of Sidewalk/Grade. Pull Out $ $ t All Roots Within Proposed Improvements. 19 28 Plant new 24" Box Tristania Laurina Standard Trunk "free with EA Root Barrier per HB Std. Plans 714, 715, 716, & 718 including $ 15- $ 2 Arbor -Gard or approved equal at base. Includes excavating 4' by 4' by 4' hole centered at new tree location and replace with Class Atop soil. 20 25 Clear and Grub existing landscape including tree roots 24" EA below new finished surface, replace with Class A top soil, and $ .�� $ plant dwarf fescue sod for each address lot. (address lot includes shared parkway frontage and both parkway frontages for corner lots.) C-2.2 Is PROJECT BID SCHEDULE �t m:::Esfiiaed:.:;:;;:.:< ::::.:::.::::::, .:.>. _:. ,::;:.:;::::::;:;::::.:;::>::.::: >::::; ;:;::>:.::< ::::%.:: >:: >: >:: >:; : »>:: >teiided::::: `' f .... 21 25 Remove and Replace Irrigation for each parkway per address lot. EA (address lot includes shared parkway frontage and both frontages $ for corner lots.) —i- 22 1 90 Day Plant Establishment LS $ 10,SOc'J $ 1O,So0 23 1 Provide 1 Year Landscape Maintenance LS $ 30c — $ 24 1 Furnish Traffic Control LS $ Soo— $ ec; 25 1 Replace Traffic Striping in Kind including repainting blue curb LS and relocating "R99" sign $ Z.06o y $ ��c® 26 22 Remove and Reconstruct alley gutter per HB Std. Plan 107 LF $ i �t 2 _� $ _ . _i ZLj Total Amount Bid in Figures: $ 14 6 7 01$ 0 v Total Amount Bid in Words: �•-Q�'+ _.�y��_..k �.._ h.Otsr::� ...........................••---•........... _ i!C' C - .... <- a 0\ ZecL Cevx-tS, C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. ke� Bid Name and Address of Subcontractor State CCass DoCCar -0/ of ,Item(s� License Amount C ccct o�tr CA j0___2V n ,S O yr .1 124 f Ju�Yirsr /� Pvt� �•Tai/ �iy v G YP_S� -� l i��sw•, �oz�� $2q 000- 'E> I ss\ W. r-•c11f r S-r. / fi�.�.�„�, Ly W2.C6ab t FoilefTV,k LA e1Z%3i 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 1 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 06/14/13 at Brea CA Date City State Raymond Sanchez , being first duly sworn, deposes and says that he or she is Assistant Secretary of Sully -Miller Contracting Company 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, finther, 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. Sully -Miller Contracting Company 135 S. State College Blvd., Ste: 400, Brea, CA 92821 Address of Bidder C-4 STATE OF CALIFORNIA COUNTY OF ORANGE Subscribed and sworn to (or affirmed) before me on this 14th day of Junel, 2013, by Raymond Sanchez, proved to me on the basis of satisfactory evidence to be the person who appeared before me. J. DANIELS a COMM # 1989544 a W • Notary Public -California m a - ORANGE COUNTY z WITNESS my hand and,official seal ,� r My Commission Expires 5ept.24, 2016 1 .......:.:... / Signature / ; 41 a % , Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: June 14. 2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): J. D4niels, Notary Public Number of Pages: Signer's Name Raymond Sanchez Signer's Name ❑ Individual �X Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Assistant Secretary Right Thurribprint of Sinner Individual Corporate Officer — Title(s) Partner - Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer 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 REHABILITATION OF KEELSON LANE, (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: June 14, 2013 C-5 Sully -Miller Contracting Company Contr or I \ By Raymond Sanchez, Assistant Secretary Title STATE OF CALIFORNIA COUNTY OF ORANGE On June 14, 2013 before me, J. Daniels, Notar J. DANIELS (, l+ COMM # 1989544 a Notary Public -California ^' ORANGE COUNTY r° My Commission Expires 5ept.24, N116 Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and -official seal Signature . J,t,Daniels, Notary. Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Utility Agreement Document Date: June 14, 2013 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name ❑ Individual �X Corporate Officer — Title(s) ❑ Partner — Limited/General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Individual Assistant Secretary ❑ Corporate Officer —Title(s) Righi Thumbprint of Signer ❑ Partner — Limited/General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: June 14, 2013 C-7 Sully -Miller Contracting Company Contrac I By Raymond Sanchez, Assistant -.Secretary Title STATE OF CALIFORNIA COUNTY OF ORANGE On June 14, 2013 before me, J. Daniels, Notar J. DANLS IE COMM # 1989544 n wLAJ Notary Public -California q�tsm -,. ., m My Commmission EExpCOUNTY 20t fi Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his%her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ,,I J. D niels, Notary. Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Compensation Insurance Certificate Document Date: June 14, 2013 Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name ❑ Individual ® Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing ❑ Individual Assistant Secretary ❑ Corporate Officer —Title(s) ❑ Partner — Limited/General Right Thumbprint Attorney In Fact of Signers F ❑ Trustee ❑ Guardian or Conservator ❑ Other SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Sully -Miller Contracting Company Bidder Name 135 S. State College Blvd., Ste. 400 Business Address Brea, CA 92821 City, State Zip 714 ) 578-9600 Telephone Number 747612-A, C-10 State Contractor's License No. and Class March 30, 1998 Original Date Issued March 31, 2014 Expiration Date The work site was inspected by Germaine Neumann, of our office on June 10 2013. Project Estimator The following are persons, firms, and corporations having a principal interest in this proposal: "Please See Attached List of Corporate Officers" David Martinez, President Michael Edwards, Vice President Raymond Sanchez, Assistant Secretary Timothy P. Orchard, Chief Financial Officer/Treasurer CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Anthony L. Martino, II, do hereby certify that I am the Secretary of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chainnan of the Board Gordon R. Crawley President David Martinez Vice President, Chief Financial Officer and Treasurer Timothy P. Orchard Vice President and Assistant Secretary Michael Edwards Vice President Scott Bottomley Secretary Anthony L. Martino II Assistant Secretary George Aldrich Assistant Secretary Raymond Sanchez Assistant Secretary Dennis Gansen I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on February 15, 2012, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "BID. TENDERS: GENERAL RESOLVED, that any officer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seal or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the performance by itself or in joint venture, of work of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds, together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any governmental authority, instrumentality, or agency of the United States, its several states, territories and possessions, including without limitation, any municipality or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or other business entity, (iii) in connection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of April 2012. (SEAL) Anthony I diti Secretary Sully -Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 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. Sully -Miller Contracting Company Company Na Signature of Bidder () Raymond Sanchez, Assistant Secretary Printed or Typed Signature — Subscribed and sworn to before me this _ day of , 201—._ - Please see attached loose certificate with proper California Notary wording. 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: l **Please See Attached List of Project References" Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-9 STATE OF CALIFORNIA COUNTY OF ORANGE On June 14, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name 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 r..... ......» J D NA ELF- which the person(s) acted, executed the instrument. COMM # 1989544 > wMk Notary Public California I certifyunder PENALTY OF PERJURY under the laws of ORANGE COUNTY -• .Hs My Commission ExpiresSept. 24,2016 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and -official seal Signature J. gbniels, Notary Public Notary Seal Description of Attached Document Title or Type of Document: Bidder's Information OPTIONAL Document Date: June 14, 2013 Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name Individual Individual OX Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Assistant Secretary Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY 1 Right Thumbprint of Signer Sbli_IY-MII.i_ER CONT RAC:TINC-, CC). Project Narne/Number: Medford Street/ 10030C & 10128814 Year of Project: 11/2011— 5/2012 Project Description: AC — CONCRETE — STRIPING - SIGNALS Agency Name: LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS Contact Person: FAHIM RAHIMI Telephone: 626-458-3112 Fax: 626-458-2197 Original Contract Amount: $1,961,576 Final Contract Amount: $1,893,032 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: 2010/2011 ANNUAL WATERLINE & SLURRY SEAL JOB/ 11090C & 10128866 Start and Finish Dates: 5/2011— 3/2012 Project Description: WATER LINE AND STREET IMPROVEMENTS Agency Name: CITY OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-7200 Original Contract Amount: $1,507,833 Final Contract Amount. $1,443,408 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: TORRANCE BOULEVARD / 28791C Year of Project. 10/2008 — 05/2010 Project Description: STREET RECONSTRUCTION & ARHM OVERLAY Agency Name: CITY OF TORRANCE Contact Person: BETH OVERSTREET Telephone: 310-618-3074 Fax: 310-781-6802 Original ContractAmount: $5,904,267 Final Contract Amount: $6,133,068 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LONG BEACH ANNUAL 2009 / 28810C Year of Project: 01/2009 — 05-2010 Project Description: AC/ARHM — CONCRETE — BASE — SIGNALS — SURVEY — STRIPING - LANDSCAPE Agency Name: CITY OF LONG BEACH Contact Person: CHARLES RAMEY Telephone: 562-570-5170 Fax: 562-570-5176 Original Contract Amount: $5,000,000 Final Contract Amount: $4,290,000 Annual Contract — work was done on an as needed basis. Project Name/Number: Year of Project: Project Description: Agency Name: Comae P c-rson: LACMA PHASE II PAVILION PROJECT 28006 / 29820C 02/2009 — 04/2010 B PERMIT i 1AT—ii CONSTRUCTION COP.POP.Ai SON GREG WADE- T elC-phore: 562-903-22/7 SIJL!-:Y-A/1r1,LEIR CON x R AC Ii111(r Co. Original Contract Amount: $92,507 Final Contract Amount: $420,000 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name fttunnber: LA SOUTHWEST COLLEGE — PARKING LOT 3 / 28795C fear of Project: 09/2008 — 01/2010 Project Description: AC — BASE — CONCRE r E — STRIPING Agency frame: CHEVRON ENERGY SOLUTIONS - Contact Person: STEVE PELASYED Telephone: 714-577-1374 Fax: 714-577-1330 Original Contract Amount: $1,120,315 Final Contract Amount: Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: 2007-2008 PAVEMENT REHABILITATION-28750C Start and Finish Dates: 6/2008 TO 7/2008 Project Description: AC/ARHM — MANHOLES — SURVEY — STRIPING — COLD MILL Agency Name: CITY OF HAWAIIAN GARDENS Contact Person: STEVE STEINBRECHER Telephone: 562-908-6200 Fax: 562-695-2120 Original Contract Amount: $451,112 Final Contract Amount: $456,287 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: STREET PAVING PROGRAM-28735C Start and Finish Dates: 3/2008 TO 5/2008 Project Description ARHM — MANHOLES — MONUMENTS — STRIPING — SWPPP- COLD MILL Agency Name: CITY OF WEST HOLLYWOOD Contact Person: MILA SOLOGUB Telephone: 323-848-6338 Fax: 323-848-6564 Original Contract Amount: $340,986 Final Contract Amount: $315,916 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: THE LACMA TRANSFORMATION PROJECT-27662C Start and Finish Dates: 6/2007 TO 4/2008 Project Description: B PERMIT Agency Name: MATT CONSTRUCTION CORPORATION Contact Person: GREG WADE Telephone: 562-903-2277 Fax: 562-903-2290 Original Contract Amount: $912,402 Final Contract Amount: $1,363,596 Change in original contract amount is due to extra work and/or contract change orders adding work. Project (�rar�r�e/f�urnber� CI;Tf�LiNA MEDIA /THE POIN I=-2F%32C 1�(2008 TO /2008 `E`,iv'rEF Mi;UIi\I Ii'\I'S'1,"'11 v—, S I Jr_i:%/ LPvliI,-_,r P, CON T R.Q .-F ING Co. SADDER`S EEXPFE UE CE -GNP D QUAW ij CAT AONS Agency Alame: KRISMAR CONSTRUE i !ON COMPANY, INC. Contact Person: GARY MORRISON Telephone: 310-458-3170 Fax: 310-458-9063 Original Contract Amiount: $315,955 Final Contract Amount: $411,955 Change- in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PACIFIC ELECTRIC INLAND TRAIL PHASES 2 & 3 / 27653C Start and Finish Dates: 3/07 TO 1/08 Project Description: R/R CONCRETE/AC — LANDSCAPE/IRRIGATION — SIGNALS — STRIPE - UTILITIES Agency Name: CITY OF RANCHO CUCAMONGA Contact Person; WALTER STICKNEY Telephone: 909-477-2740 Fax: 909-477-2746 Original Contract Amount: $3,424,781 Final Contract Amount: $3,424,780 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: MARQUARDT AVENUE / 27689C Start and Finish Dates: 7/2007 TO 9/2007 Project Description: R/R CONCRETE — AC ON FABRIC — ADJUST UTILITIES Agency Name: LOS ANGELES COUNTY DEPT. OF PUBLIC WORKS Contact Person: EMIL KURLYAND Telephone: 626-458-3166 Fax: 626-458-2197 Original Contract Amount: $183,915 Final Contract Amount: $183,915 Project Name/Number: ALPACA STREET IMPROVEMENT PROJECT / 27699C Start and Finish Dates: 8/2007 TO 11/2007 Project Description: R/R CONCRETE & ASPHALT — STRIPING — ADJUST UTILITIES Agency Name: CITY OF SOUTH EL MONTE Contact Person: GEORGE CASTILLO Telephone: 562-682-3620 Fax: 562-684-0130 Original Contract Amount: $135,000 Final Contract Amount: $167,074 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: REHABILITATION OF LA MIRADA BLVD. / 27664C Start and Finish Dates: 5/2007 TO 9/2007 Project Description: ARHM / AC PAVING, CONCRETE WORK — LOOP DETECTORS / SIGNALS Agency Name: CITY OF LA MIRADA Contact Person: GARY SANUI Telephone: 562-943-2385 Fax: 714-522-5800 Original Contract Amount: $2,161,089 Final ContractAniount: $2,575,166 Change in original contract amount is due to extra work and/or contract change orders adding work. i'!"Q e i•,r ,,ri %(trUtl;l ,_,F C f 3 •,q l;.': OT 13 °.`D S - Cr7 �%E / a SIJI_IY-DAII LER C,ONTR AC.-r ING- CO. SIC EI EXPERIENCE AND QUALIFICATIONS Agency Name: CALIFORNIA S T A T E UNIVERSITY, LONG BEACH Contact Person: ENRIQUE ROBLES Telephone: 562-985-4175 Fax: 562-985-2308 Original Contract Amount: $375,823 Final Contract Amount: $380,572 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: ORANGE LINE — C-,NOGA STATION PARK AND RIDE / 25568C Start and Finish Dates: 3/2006 TO 1/2007 Project Description: NEW TRANSPORTATION STATION INCLUDING AC PAVING &CONCRETE WORK Agency Name: METROPOLITAN TRANSPORATION AUTHORITY Contact Person: GHULAM SHAIKH Telephone: 818-262-6300 Fax: 213-922-7384 Original Contract Amount: 13,732,500 Final Contract Amount: $12,415,392 Change in Contract amount is due to items of work being deleted by the agency. Project Name/Number: SOUTH COAST PLAZA PARKING LOT/26608C Start and Finish Dates: 7/2006 TO 10/2006 Project Description: COMPLETE REMOVE AND REPLACE OF PARKING LOT, CONCRETE CURB & GUTTER, LOOP DETECTORS, AND STRIPING Agency Name: SOUTH COAST PLAZA Contact Person: ROBERT THOMAS Telephone: 714-546-0110 Fax: 714-546-9835 Original Contract Amount: $3,100,009 Final Contract Amount. $3,932,226 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: RESIDENTIAL STREET REHABILITATION WORK / 26573C Start and Finish Dates: 2/2006 to 8/2006 Project Description: ASPHALT CONCRETE OVERLAY AT VARIOUS LOCATIONS CITYWIDE Agency Name: CITY OF WEST COVINA Contact Person: OSCAR CAPLIN Telephone: 626-939-8445 Fax: 626-939-8660 Original Contract Amount. $1,430,888 Final Contract Amount: $1,512,463 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: BERTH 401-406 BACKLAND IMPROVEMENTS / 25567C Start and Finish Dates: 1/2006 to 4/2006 Project Description: ASPHALT AND CONCRETE PAVING / SITE IMPROVEMENT PROJECT Agency Name: PORT OF LOS ANGELES Contact Person: KEN HARBOR Telephone: 310-831-5389 Fax: 310-831-5389 Original Contract Amount: $3,286,800 Final Contract Amount: $3,386,333 Change 1h original contract amount t5 due to extra Work and/or contract change orders adding vvork, Froje_t i._�rr �/l� ri-� r: 5 I11, I f 1—OV_MEfv (/ 255061 -a r,: -- -: -�; n EVEML St7I_Z:a'-1_�/IH_I E CONTRACTING CTI1` G C,C_?. Start and Finish Dates: 5/2005 to 11/2005 Project Description: MEDIAN ISLAND and STREET REPAIRS Agency Name: CITY OF CERRITOS Contact Person: VIC MASAYA Telephone: 562-916-1231 Fax: 562-916-1371 Original Contract Amount: $862,370 Final Contrac-t Amounr: $742,488 Project Name/Number: MALL PARKING LOT IMPROVEMENTS / 25492C Start and Finish Dates: 3/2005 to 10/2005 Project Description: REPAIR and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name: CITY OF TEMPLE CITY Contact Person: JANICE STROUD Telephone: 626-285-2171 Fax: 909-594-2858 Original Contract Amount: $828,837 Final Contract Amount. $894,012 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: HELLMAN AVENUE STREET IMPROVEMENTS / 24477C Starr and Finish Dates: 6/2004 to 11/2005 Project Description: STREET RECONSTRUCTION PROJECT Agency Name: CITY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone: 562-908-6262 Fax: 562-695-2120 Original Contract Amount: $1,051,667 Final Contract Amount: $1,067,429 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: HOLGATE AREA STREET REHABILITATION AND WATER MAIN / 24446C Start and Finish Dates: 3/2004 to 6/2005 Project Description: STREET REHABLITATION AND WATER MAIN REPLACEMENT Agency Name: CITY OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-9720 Fax: 562-905-9643 Original Contract Amount: $2,996,461 Final Contract Amount: $3,566,942 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 BACKLANDS PHASE 2 / 23301C Start and Finish Dates: 4/2003 to 8/2004 Project Description: TRANSTAINER FACILITY, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME - EXTRA DAYS FOR EXTRA WORK ONLY Agency Name: PORT OF LOS ANGELES Con tacrPerson: M,",NMOUD IRSHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original Contract Amount: _ 30,618, 798 Final Contract Amount: $30,030,42-9 Chang-- in ccn'eracL ur outrc is d!u- to itc-!Ms of 'vvork Being delete( f y agency. -"Aft, ==cr. E 'r:,A:P TOF�' i�%E, i Si <.== � IP ;P1=t0./EC'i=N E / 82803C SIA-1-I-MILLER CONTRACTING CC). BIDDER'S EXPERIENCE NC AND QUALIFICATIONS Start and Finish Dares: Project Description: Agency Name: Contact Person: Original Contract Amount Project Name/Number: Start and Finish Dates: Project Description: Agency Name: 12/ 2002 to 8/ 2003 UNDERGROUND, ASPHALT REHAB, CURB & GUI II ER, COLD MILLING CITY OF VICTORVILLE MARK MILLER Telephone: 760-955-9158 Fax: 760-955-5159 $4,771,477 Final Contract Amount: $4,994,840 ARROW HIGHWAY - LIVE OAK AVENUE PHASE II / 22273C 11/ 2002 to 8/ 2003 AC GRIND OVERLAY — NEW MEDIANS & DECORATIVE CONCRETE CITY OF IRWINDALE Contact Person: KWOK TAM Telephone: 626-430-2212 Fax: 626-962-2018 Original Contract Amount: $4,289,147 Final Contract Amount: $4,654,815 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: Start and Finish Dates: Project Description: Agency Name: PIER 400 CONTAINER TERMINAL / 21130C 1/ 2001 to 9/ 2002 BACKLAND IMPROVEMENTS, PHASE I PORT OF LOS ANGELES Contact Person: MAHMOUD ISHEID Telephone: Fax: Original Contract Amount: $78,134,500 Final Contract Amount: Change in contract amount is due to items of work being deleted by agency. 310-732-3525 310-831-5389 $74, 226, 254 ;n I n BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure .that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Sully -Miller Contracting Company Contact Person: Raymoridd Sanchez, Assistant Secretary Contact Phone: - 714 Signed: Date: Jun& 14, 201 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR.135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-10 STATE OF CALIFORNIA COUNTY OF ORANGE On June 14, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence tc be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizes capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of r z.i., ,. J. DANIELS which the person(s) acted, executed the instrument. COMM # 1989544 a w•,-' _ No0apN"G"COUCalifornia � I certifyunder PENALTY OF PERJURY under the laws o . ORANGE COUNTY � " i ;. My Commission Expires the the State of California that the foregoing paragraph is tru( and correct. WITNESS my hand a d,official seal Signature A 411ull J.1 anie s, NotaryPublic Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Certification Document Date: June 14, 2013 Signer(s) Other Than Named Above: Number of Pages: 1 Capacity(ies) Claimed by Signer(s): Signer's Name Raymond Sanchez Signer's Name Individual Corporate Officer — Title(s) Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Individual Assistant Secretary. Corporate Officer — Title(s) Right Thumbprint of Sinner Partner — Limited/General Attorney In Fact Trustee Guardian or Conservator Other Signer is Representing: SULLY -MILLER CONTRACTING COMPANY Right Thumbprint of Signer *** SEALED BID *** DO NOT OPEN WITH REGULAR MAIL SULLY MILLER CONTRA rING CO. 135 S. STATE COLLEGE BLVD., STE. 400 BREA, CA 92821 , CITY.OF HUNTINGTON BEACH OFFICE OF THE CITY CLERIC 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PROJECT: REHABILITATION OF KEELSON LANE FROM SLATER AVENUE, TO END. CC NO. 1439 " BID DATE & TIME: JUNE 18, 2013 @ 10.00 AM