Loading...
HomeMy WebLinkAboutNobest, Incorporated - 2007-06-18b..�w-a.h:i:.rwtt�•a.,».,�r-.^+4-;,:.-.a"q�;•X•:,'^ro-ir-... �.�.w..�..k.-n:;A.�,,,:...v�,-=-•R�.:-..�.�+"''�, r�+.�,��yi-v.,d.��-.r✓�,.-li...'��_^'i�"`-.-�'+�u,P�'r r-q�, . r. -. d"_.- .�-ti.r '4,,;^._a+;5�„+�'i".�.°.>..... _.:n«.�^��n;sL. „., �j,��r..`:� 3,r. r RECEIVED BY: CITY CLERK RECEIPT COPY L!. t' Return DUPLICATE to „ trr t i r (= ; ' E City Clerk's Office (Name) j' after signing/dating i�io (Date) i 6 ®, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance r have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. / / f� CC No. % / o MSC No. Approved Agenda Item No. (Councii Approval Date) City Clerk Vault No. #27 g:/followup/bondletter.doc -.��a .:.. _.:'t �rw^-.• -. .. �, _. � .y ...Y„�,,,py+.. ,.,..,..�.r 1.:�.,--.,.e �,.���,..,...•,_. .. .r ..,.. .. _ .-,;.s. -•.-v+rr - - RECEIVED BY: (Name), (Date) 1 1 rye TO: Sham Freidenrich, City Treasurer FROM: / � oz1 DATE: SUBJECT: Bond Acceptance I have received the bonds for `� J 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. /-); )--/ V MSC No. Approved (Council Approval Date) (Company Name) Agenda Item No City Clerk Vault No CITY CLERK RECEIPT COPY'' Return DUPLICATE to ! City Clerk's Office after signing/dating #27 g:/followup/bondletter.doc HUNTINGTON BEACH TO: DATE: 26-01"m- i, a;, THOSE LISTED HEREON Robert A. Martinez, Proje October 28, 2008 - 1 161 1, -" SUBJECT: Retention Release Payment Company Name: Nobest, Inc. Address: P. O. Box 874 City, State and Zip Code: Westminster, CA 92684 Phone Number: (714) 892-5583 Business License Number:A A Y Local Address: Same as above Notice of Completion Dateway 15, 2008 Contract Purpose: Release of remaining 10% retention money to contractor from the Rotterdam Lane Improvements; CC# 1310 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. ate Travis K. H ns, ublic O Director Bond Surety Company I certify that there are no outstanding invoices or, file. APProvw as =nancial Rating j asurer Date Shari Vreidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date J a erk Reten. Release Memo 10/28/2008 1:32:00 PM 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: # 1310 Project: Rotterdam Lane Improvements from Warner Avenue to Friesland Drive The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 9th day of June , 20 08, at Garden Grove , California. Nobest, Inc. (Type Contractor Name) By: _��" Name: [Type Title: (Type' Kay E. Anders6 Office Manager TLC' 03- ab - 0-(o 247542.1 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: # 1310 Project: Rotterdam Lane Improvements from Warner Avenue to Friesland Drive The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 9th day of June .20 08 at Garden Grove , California. Nobest Inc. (Type Contractor Name) M. Name( [Typ an(e] Title: [Ty Title) Ray E. AndVrso Office Manager n /oc. 1L) 3_';)b-UP 245911 1 CONTRACTOR'S CERTIFICATE I, Kay E. Anderson for Nobest, Inc. , state and certify that: (Name of Declarant) 1, Nobest, Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. 1310 (the "Contract") for the construction of the public work of improvement entitled: Rotterdam Lane Improvements from Warner Avenue to Friesland Drive (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract).. 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): None 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims Withhold filed pursuant to the Civil Code claims; if none, write "NONE"): None or claims that are the subject of a Notice to of the State of California (list all disputed I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Garden Grove„ California on this 9th day of June , 20 08 APPROVED AS TO FORM By: 1.7 3. Za' oCQ Name: [Type Name] Title: (Type Title] 2459141 RECEIVED BY: (Name) (Date) in • TO: Shari Freidenrich, City Treasurer FROM:�f-- 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. X 3 /0 (Company Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating Approved Agenda Item No. ( ouncd App oval Date) � City Clerk Vault No. 6(, �1-5� 7 #27 g:lfollowup/bondletter.doc MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, Bond No. CE 7789 as Principal, and Contractors Bonding and Insurance Company a corporation organized under the laws of the State of Washington and authorized to do a surety business in the State of California as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of Three hundred thirty-five thousand sixty-eight and no/100 ($ 335,068.00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this June 10, 2008 WHEREAS, on the July 6, 2007 , the said Nobest Incorporated as contractor, entered into a contract for Rotterdam Lane Improvements from Warner Avenue to Friesland Drive; Cash Contract No. 1310 for the sum of Three hundred twelve thousand two hundred twenty-five and no/100 ($ 312,225.00 ); and, WHEREAS, under the terms of the specifications for said work, the said Nobest Incorporated is required to give a bond for Three hundred thirty-five thousand sixty-eight and no/100 ($ 335,068.00 ), to protect the City of Huntington Beach against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until May 7, 2009 Now, THEREFORE, if the said Nobest Incorporated shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. APPROVED AS TO FORM jE IIFER MGRA'THCity Anomq ``9UA1e9scan(6&/1' B Pa Y Assistant City Attorney Nobest tractors Bonding and Insurance Company By Linda D. Coats, Attorney in Fact ORSC 22518 (4-93) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 10, 2008 before me, Christine M. Rapp,, notary Public , (Here insert name and title of the officer) personally appeared Linda D. Coats, Attorney in Fact , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that+e/she/ice executed the same in 44s/her/t - authorized capacity(ies), and that by-ther/ 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. CHRISTINE M. RAPP CQ WITNESS my hand and official deal. ! s9 COMM. # 1494518 i1� JJ NOTARY PUBLIC-CALIFORNIA X CL' ~ ORANGE COUNTY (Notary Seal) I°4(f, :'+ My Comm. expires JULY 9, 2008 Signature of NotaJy 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 ❑ 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 (Le. 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/4w5- 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 Cons,-nt of Surety Release of Retention/ Final Payment (SIMILAR TO AIA DOCUMENT G707) Bond No. CE 7789 PROJECT: Rotterdam Lane Improvements (name, address) Cash Contract No. 1310 TO (Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 1 CONTRACTOR: Nobest Incorporated I In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Contractors Bonding and Insurance Company i 11 Pacifica No. 350, Irvine, CA 92618 SURETY COMPANY, on bond of (here insert name and address of Contractor) Nobest Incorporated 7600 Acacia Avenue, Garden Grove, CA 92841 ,CONTRACTOR, hereby approves of the owner's payment of Final Payment and/or Payment of Retention to the Contractor, and agrees that the Final Payment and/or Payment of Retention to the Contractor shall not relieve the Surety Company of any of its obligations to City of Huntington Beach as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this Attest: (Sea!): IOth day of June Con tors Bonding and Insurance Company S retypany Signature of Authorized Representative Linda D. Coats, Attorney in Fact Title , OWNER, 2008 Note: This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition CALIFORNIA t°[,si} -,94Itit ALL-PURPOSE 0'a ¢ R/' ,> *%-.-'ERTIFICATE OF ACKNOWLEDGMENT State of California County of grange On June 10, 2008 before me, Christine M. Rapp, rotary Public , (Here insert name and title of the officer) personally appeared Lirl1a D. (bats Attorney i.n Fact , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ope subscribed to the within instrument and acknowledged to me that+e/she/Omy executed the same in 4twherAauthorized capacity(ies), and that by44!vher/ 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 Signature of Notary Public CHRISTINE M. RAPP seal. COMM. # 1494518 X NOTARY PUBLIC-CALIFORNIA ch ORANGE COUNTY � t (Notary Seal) My Comm. Expires DULY 9, 2008 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is lace ) 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 Iines_ 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.NotwyClasses.com PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: - --------- --- -- ------ Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIINO FEE 2008000233882 04.11 pm 05/15/08 106 198 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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: ROTTERDAM LANE IMPROVEMENTS; CASH CONTRACT NO.1310 That said work was completed May 7, 2008 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 December 15, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Contractors Bonding And Insurance Company was surety for the bond given by the said company as required bylaw. 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 May 12, 2008. t , I , L ) Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this May 12, 2008. 1Uc or of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ®0.059-TITLE PAGE (R7195) RECEIVED BY: 1 V a t � a �*_ n P'iY (Name)Y ' -7ia(0 to-7 (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH w INTERDEPARTMENTAL COMMUNICATION TO: Sh 0 Freidenrich, City Treasurer FROM: / C, DATE: ;z-/��/TS SUBJECT: Bond Acceptance have received the bonds for / — T -liy 7 (Company Name)— _ Faithful Performance Bond No. Labor a(d' Nadal Bdnd No. k Monument Bond No. Maintenance Bond No. N Re: Tract No. CC No. ,� zo MSC No. Approved (Cooncil Approval Date) Agenda Item No., —� City Clerk Vault No. -S-D 4/,fA; .Sys iA 4/.5d 671- #27 gJfollowup/bondletterAm CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN July 24, 2007 CITY CLERK Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Attn. Larry Nodland Re: Rotterdam Lane Improvements — CC-1310 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VIl of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect 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 Economic Development Department at 536-5582. Sincerely, , Joan L_ Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g: followup\cashcont\cashcon-letter.doc l Tele phone: 714-536-5227 ) 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] �3RA, Title: [Type Title] E , R b- t� O-r- t` RNEX 245911-1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. -TLS US. ab - (sip 247542.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of , 20� By: -JU 3• Zo•0Lf Name: [Type Name] Title: [Type Title] 1 (Signature of Declarant) 245914.1 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 'ITT-D�I� 1-A M�Mi C-c# 1940 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 `. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 34. INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 42. EMPLOYMENT OF APPRENTICES 43. PAYROLL RECORDS 44. FEDERAL PARTICIPATION 45. DAVIS-BACON ACT 46. DISCRIMINATION, MINORITIES, ALIENS 47. EQUAL EMPLOYMENT OPPORTUNITY 48. COPELAND "ANTI -KICKBACK" ACT 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 51. ENERGY CONSERVATION 52. HOUSING AND URBAN DEVELOPMENT 53. ENTIRETY 2 17 17 18 18 18 18 19 20 20 20 21 21 21 21 22 23 23 24 24 24 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 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 N.O��3T', � l� C-�T�i% , a , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as -rR F- F-077pFp-Pf,M L-A*4p IMPJ24a/PMPN"t1_- -JV-CM k Af—t J3F- ^-/F 44L= TO in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited agree/citywide/revisions/federal 8-05 1 to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern agree/citywide/revisions/federal 8-05 2 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. 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 114MJF?6 h 21 ZWO VWNfl12� Dollars ($ 2✓12, 22 c�•oo ), as set forth in the Twwr( FIv� tn-+ el— * Na cFsT5 Contract Documents, to be paid as provided in this Agreement. agree/citywide/revisions/federal 8-05 3 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 ( 0)-eeffseeotivo 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 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 agree/citywide/revisions/federal 8-05 4 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 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. 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 1. percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/citywide/revisions/federal 8-05 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 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 F-tom�D Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working days agree/citywide/revisions/federal 8-05 6 set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting 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. agree/citywide/revisions/federal 8-05 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. 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. agree/citywide/revisions/federal 8-05 8 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, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement -of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/citywide/revisions/federal 8-05 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement 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. 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. agree/citywide/revisions/federal 8-05 10 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. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/citywide/revisions/federal 8-05 11 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, 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, or a "deductible" or any other similar form of limitation on the required coverage. 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; agree/citywide/revisions/federal 8-05 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected 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 agree/citywide/revisions/federal 8-05 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 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 plus seven and one-half percent (7 %2 %) for overhead and profit less all such payments already made. 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. agree/citywide/revisions/federal 8-05 14 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 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: agree/citywide/revisions/federal 8-05 15 TO CITY: City of Huntington Beach ATTN: F-69f!K • 1✓�E�--j'IJ�1�L 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: OF>FGT, INGV WE aZ 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 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. agree/citywide/revisions/federal 8-05 16 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. 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 agree/citywide/revisions/federal 8-05 17 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/citywide/revisions/federal 8-05 18 worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/citywide/revisions/federal 8-05 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. 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 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. 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 agree/citywide/revisions/federal 8-05 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. 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. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41,CFR part 60). 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. agree/citywide/revisions/federal 8-05 21 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY 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. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, 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. 49. 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. agree/citywide/revisions/federal 8-05 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. 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. 51. 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.). agree/citywide/revisions/federal 8-05 23 52. 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 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. 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, 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 �o� (,E /l� 8 , 200--�. agree/citywide/revisions/federal 8-05 24 CONTRACTOR print name ' ITS: (circle one) Chairm residen ice President AND Robert Nodland 11 pr e ITS: (circle one Secreta)/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Xdministrator agree/citywide/revisions/federal 8-05 25 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: City Attorney 1t �� INITIATED AND APPROVED: ID - director of Pu lic Works C/ State of : California County of Orange On July 6, 2007 , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland and Robert Nodland II Name(s) of Signer (s) 'personally known to me [ ] proved to me on the basis of satisfactory evidence :. KAY E. ANDERSON� r COMM. #1579663 n U NOTARYPUBLIC CAt.FORN41 ORANGE COUNTY My Comm E*irft AM 13. 2W9 to be the person(s) whose name(s) jeare subscribed to the within instrument and acknowledged to me that he1rse/ they executed the same in W/fief%their authorized capacity(ies), and that by hisfer%their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Sign ure of Not , Pu is Place Notary Seal Above j�X/// B/7- SECTION C PROPOSAL for ROTTERDAM LANE IMPROVEMENTS from WARNER AVENUE TO FRIESLAND DRIVE CASH CONTRACT No. CC# 1310 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 40 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. .. a Accompanying this proposal of bid, find i31b T�-O"'`—in the amount of $ J 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: ;ddendct .IYQ, Date Deceived Bidder's Si nature C-2 CITY OF HUNTINGTON BEACH PROJECT BID SCHEDULE for ROTTERDAM LANE IMPROVEMENTS from WARNER AVENUE TO FRIESLAND DRIVE CASH CONTRACT No. CC# 1310 BID SCHEDULE No Description of Work Quantity Unit Unit Price Total I Mobilization 1 L.S. $ $ m 30 0�� 2 Traffic Control 1 L.S. $ °`—' $ Z0 000. - 3 Remove and Construct Sidewalk $ $ per City of Huntington Beach 10,550 S.F. Z, 2,60- Standard Plan 207 4 Remove and Construct Curb and $ Q, $ Gutter per City of Huntington 2,610 L.F. 230. _ Beach Standard Plan 202 5 Remove and Construct Curb $ $ Ramp per CALTRANS Standard Plan A88A. Includes adjacent 5 EA. J SoO, ^ -75­00. ` curb and gutter and detectable warning truncated dome surface.. 6 Remove and Construct $ $ Residential Drive Approach per 1,935 S.F. `° -7 " cc 13 �y�' _ City of Huntington Beach , Standard Plan 209 7 Remove and Construct Concrete $ $ Cross Gutter per City of 3,230 S.F. Huntington Beach Standard Plan 205 8 Install liquid applied detectable $ $ warning truncated dome surface 24 S.F. CO ao utilizing the "Vanguard" system �-o -- ) 2 V or approved equal. 9 Remove Existing Tree 30 EA. $ 500 . e $ 10 Adjust Meter Box to Grade 31 EA $ /00. `� $ 11 24" Box Tree - Crape Myrtle 38 EA. $ , $ (Planted) Total (in Numbers) = Total (in words) = and 2 7- S-. Dollars Cents C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor T✓�� ✓ eu�ct .. VF T'Yec vvcc—e — crct��qq By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 1-4/'r y being first duly sworn, deposes and says that he or she is pnog 6(eg t' of 1f C the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder ;76oU /fcoc"4 Ave Address of Bidder &ard'e-i &A609 ga9gf Subscribed and sworn to before me this JD day of � , 20 I . NOTARY PUBLIC KAY E. ANDERSON I- COMM. #1579663 NOTARYPUBLIC -M FORMA n ORANGE COUNTY My Cams Enkft hM 13, 2= NOTARY SEAL C-s UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ROTTERDAM LANE IMPROVEMENTS, CC# 1310, (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: ij —36, z>7 Nobesf Contractor l�✓CSid�°�! t Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes lR No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: .7 " 30nW Oro, f inc Contractor 6 I 1 ✓fVL �. Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: V awl --7— L->?---C /-r O9 S 7- Contractor Title Date: 5'-3,e, 7 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: M©hesl-- Bidder Name ?00 Aar i0 4V� Business Address frar�Pv� 6foye City, 11g ) gga 439'3 Telephone Number 33gc; a- A State Contractor's License No. and Class 11- 2g Original Date Issued Expiration Date Ca State Zip q, The work site was inspected by All ke LeW/ of our office on S 2 � , 20 b7 The following are persons, firms, and corporations having a principal interest in this proposal: L-e vN �/ /�®Q�l a nq� tom/' e5idet7�, ���49 41 ed' C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. t-air' lvoaflonol Printed or Typed Signature Subscribed and sworn to before me this3b day of M , 2007. or KAY E. ANDERSON F- COMM. #1579663 V NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY _ MyCWMEVIrftJUM NOTARY PUBLIC'p— Z4 4-1"t .1 '�" 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. See X&d ckW 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-11 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) $ 1,035,000.00 Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH $ 3,600,000.00 Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK $ 441,000.00 Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH $ 827,000.00 Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY $ 142,000.00 Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 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: Contact Person: Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-12 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent (10%) of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Rotterdam Lane Improvements 1310 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness 11 th S day of May , 2007 Nobest Principal /�t—,6t5 Name/Title Contractors BbndinR- and Insurance Surety` (Seal) Linda D. Coats Attorney -in -Fact ORSC 21328 (5/97) ACKNOWLEDGMENT State of : California County of Orange On 15-- 30� , befpre me Ray E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) KAY E. ANUERSON 1`- COMM. #157%63 n NOTARYPUBUC-MIFORNIA 0 ORANGE COUNTY €� MY Conn EwkmJne13.2009 Place Notary Seal ,above [g] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the persons whose namekgs is subscribed to the within instrument and acknowledged to me that he// Lk''ey executed the same in his/le/tom authorized capacity(), and that by hisWtjir signatureKon the instrument the person(; or the entity upon behalf of which the person(,81 acted, executed the instrument. WITNESS my hand and official seal Signature 'of Notary ACKNOWLEDGMENT State of California County of Orange On May 11, 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 'and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eV *�� L�6rfs C' Fi_ R_ ISTINH M PP WITNESS my hand and official seal.; COMM. # 1494518 ;7 `;.� t g NOTARYPUBLIC•CAUfORNU► 0= rr h ORANGE COUNTY My Comm. Expires JULY 9, 2ooB &IktV Signature ,. (Seal) ACOR®M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 2100Y7 ) 07/03/20 PRODUCER (949) 852-0909 FAX (949) 852-1131 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Milestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8 Corporate Park, Ste 130 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92606 Catherine Sariana INSURERS AFFORDING COVERAGE NAIC # INSURED Nobest, Inc. INSURERA: Landmark American Ins. Co. P.O. BOX 874 INSURERS: Peerless Insurance Company Westminster, CA 92684 INSURERC: RSUI Indemnity Company INSURER D: INSURER E: rnVCDerCC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY LHA130500 10/01/2006 10/01/2007 EACH. OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5,000 A X $5000 Deductible PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC SEC AUTOMOBILE LIABILITY ANY AUTO CBP8072949 10/01/2006 10/01/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY (Per person) INJURY $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS/IGi NON -OWNED AUTOS AR. VE' D A TO JE IE'ER me W, City rOrr J b f ey / ! ( BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY NHA217259 10/01/2006 10/01/2007 EACH OCCURRENCE $ 2,000,000 OCCUR CLAIMS MADE _ AGGREGATE $ 2,000,000 C $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND - WC ORYSTATU- I OTHFIR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $_ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER Leased/Rented Equipment $100,000 CBP8072949 10/01/2006 10/01/2007 Equipment Floater $631,159 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: Rotterdam Lane Improvements From WArner Ave. to Friesland Drive Cash Contract #1310 he City of Huntington Beach, its agents, officers and employees are added as Additional Insured with Primary Wording per RSUIS001 0306. Ten Days Notice for Non -Payment of Premium rCDTICIreTC unI n=D rAnlrcl I ATInAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 9n1b1X9Hk= MAIL City of Huntington Beach *3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Christi Mendoza iGXrXir���ilf�3�faii7►C71;YX�itACM�[iN3WfD6KiXXk4B17f1iE9c7CX 2000 Main Street XXXXXXX AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 Catherine Sariana/CAS ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents, officers and employees Re: Rotterdam Lane Improvements From Warner Ave. to Friesland Drive, Cash Contract 1310 Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (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 insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV _COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 10/01/06 forms part of Policy Number LHA130500 issued to Nobest, Inc. by Endorsement No.: RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission ` POLICYHOLDER COPY SG ;STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-03-2007 GROUP: POLICY NUMBER: 7693043-2006 CERTIFICATE ID: 61 CERTIFICATE EXPIRES: 10-01-2007 10-01-2006/10-01-2007 CITY OF HUNTINGTON BEACH SG JOB:ROTTERDAM LANE IMPROVEMENTS #1310 CHRISTI MENDOZA 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �THORIZEDREPRESENTATI PRESIDENT THIS CERTIFICATE IS PART OF AN ADR FAMILY THAT ALSO INCLUDES THE FOLLOWING POLICIES: 6653043-06, 6693043-06 --EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - LARRY NODLAND PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - ROBERT NODLAND VICE PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NOBEST, INC. SG PO BOX 874 WESTMINSTER CA 92684 ""'PP O iASFORM JENNIF R McGRAI I I, City Attorney [B10,SGj PRINTED : 07-03-2007 REV.2-05i - Company Profile Company Profile Page 1 of 2 CONTRACTORS BONDING AND INSURANCE COMPANY P O BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company Old Name: CONTRACTORS BONDING AND INSURANCE COMPANY DBA CBIC Effective Date: 12-31-1992 BONDING AND INSURANCE COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Aunt for Service _of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty WASHINGTON Lines of Insurance Authorized to Transact 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. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proPp_EID=6735 7/16/2007 RECEIVED BY: (Name) (Date) N1 Mal CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ;Sh ' Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for C��T (C6mpany Name) Faithful Performance Bond No. Labor arterial Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. /2/0 MSC No. (�-� Z �E� Approved (0 Ile e /0 -) I- — (Co n it Ap roval Date) Agenda Item No. City Clerk Vault No. -Sys/.- #27 g:/followup/bondletter.doc Bond No. CE 7789 Premium: $3,122.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City') has, by written agreement dated 20_, entered into a contract with NObest IngQrp=ated_ and address of Contractor) (hereinafter referred to as "Principar'), for performance of the work described as follows: Rotterdam Lane Improvement--, fr—m warner Avenua to Fri eG l and r)riyo • 131 ro)ect Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and and (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety'), as Surety, are field and firmly bound unto City in the penal sum of Thre�- hfin d red t4wIxIQ t-hattSand t-wn httnrlrx-A twpn Tfjva no/100 Dollars ($ , this amount being not less than one hundred percent of the price set forth in the Corti ct, in faiAl money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS 08LIGATION 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 indemnity and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") 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. In Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and :17$91 PERFORMANCE BOND ' Page 1 of 2 Bond No. any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: July 6, 2007 ATTEST (Corporate Seal) Nobest Incorporated ATTEST Contractors "Bonding and Insurance Company (Corporate Seal) (Surety Name) U:Mu4 _ L, L— By: Name: ( tgna ire of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) t 'J9 341-9110 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH B � cythyifM/enner ityoAttorney c shs�b� Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority or any person signing as attomey4n-fact must be attached. mssi.1 PERFORMANCE BOND Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On July 6, 2007 , befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid ) personally appeared Larry Nodland Name(s) of Signer (s) KAY E. ANDERSON COMM. #1579663 U " A _ NOTARYPUBUC-M FORNIA n ORANGE COUNTY MyCOnva Ewes Am 13, 2000 Place votary Seal Above [�3 personally known to me [� proved to me on the basis of satisfactory evidence to be the persorlKwhose nameK is/W subscribed to the within instrument and acknowledged to me that he/�>6/ jWy executed the same in his/lam err authorized capacity(i4, and that by his/lyef/ fir signatureK on the instrument the person+( % or the entity upon behalf of which the personX acted, executed the instrument. WITNESS my hand and official seal ACKNOWLEDGMENT State of California County of Orange On JUL 0 6 2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. gEµOFrti CHRISTINE M. RA WITNESS my hand and official seal. N ` " E COMM. # 149451E X NOTARYPUBUC-CALIfORNIA CA ORANGE COUNTY Signature (' My Corrm Expires JULY 9. 200N Gt✓ (Seal) Power. of . 2008 Num ly 4 m Bond No. CE 7789 PAYMENT BOND Premium' Included (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as 'City') has awarded to Nohpgt- Tnmrnnrat-ed 760L1Acacia AvjgnUQIF Gardpn Grove 0A 92841 (name and address of contractor) (hereinafter referred to as *Principal"), a contract ('Contract`) for the work described as follows: Rotterdam Lane TmnrQy men s from Warner Ayen�t-o Friesland Drive Cash Contract No. 1310 (project title( WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Contractors Bonding and suranct- CQ=any 111 PAcif i ca No- 350 Trvi np f CA 9261 H (name 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 twelve thousand two hundred twenty-five no/100 dollars, ($ ,,, this amount being not less than one hundred percent (100%) of the fotal 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, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, IN 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, 277199.1 PAYMENT BOND Page l of 2 Ll F L Bond No. CE 7789 lx extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each parry represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: Jul ATTEST Nobest Incorporated (Corporate Seat) (Principal Name) By: Its: ATTEST Contractors Bonding and Insurance Company (Corporate Seal) (Surety Name By� ' Name: 1j1nCLa U.- (ZatS (Signature of Attorney -in -Fact for Surety) 949 341-9110 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ` By ` ennifer Mc rath ki ---City Attorney s�f S�b6 Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence o/ the aulhonly of any person signing as attomey4n•ract must be attached. 277119.1 PAYMENT BOND Page 2 of 2 ACKNOWLEDGMENT State of : California County of Orange On July 6, 2007 , befpre me Ray E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary P010) personally appeared Larry Nodland Names) of Signer (s) KAY E. ANDERSON I- COMM. #1579663 n U III► NOTARYPUBLIC-CILLFORNIA ORANGE COUNTY W Cp„ r,i. E*kft Am 13, 200H Place Notary Seal Above �3 personally known to me [ J proved to me on the basis of satisfactory evidence to be the person�<whose name,;(1<is/� subscribed to the within instrument and acknowledged to me that he/sht�'tkev- executed the same in hisilief/he f authorized capacity , and that by his/ iler signature(,s�ron the instrument the personkTI, or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal State of California County of Orange On ` JUL 0 6 2007 personally appeared ACKNOWLEDGMENT before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a►+•r, CwtISTINE M, RAC; WITNESS my hand and official seal. nl ��*`5 hR•� COMM. # 1494518 X NOTARY PUBLIC-CALIFORNIA X ORANGE COUNTY N Signature My Comm Expires JULY 9, 2008 (Seal) r READ, CA EFULLY - to be used Daly, jtp tii .the b€ nd vpecified herein PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State , of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: MAY 10,17,24,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 2 4, 2 0 0 7 at Costa Mesa, California. Signature l; SECTION A NOTICE INVITING . SEALED BIDS for ROTTERDAM LANE IMPROVEMENTS CASH ' CONTRACT No. CC#.1310 'in the CRY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated projects and will receive such bids in the office ot,the City Clerk, Second Floor, 2000 Main Street, Hun- tington Beach, California' 92648, up to the hour of, 2:00 P.M. on Wednes day, May 30, . 2007.', Bids will be publicly ;open in the_' Councils 'Chambers unless other-' ,wise posted. Copies of the Plans, Specifications, and con - !tract documents are available from the Office lof 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 lof a $35.00 nonrefun- dable fee if mailed via U.S. Postal 'Service, FedEx, UPS or any other delivery service. This is a Davis -Bacon j project and the Federal Regulations will be en - I 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 de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an es- crow holder surety of equal value to the reten- tiori in accordance with the provisions ..of the California Government Code, Section 4590. 'The Contractor shall be beneficial owner of the surety and shall receive - 'Ine NUCI"'uT nerevy affirmatively ensures that minority business enterprises will be af- forded -full opportunity to submit bids in .re- sponse to this notice and will not be dis- criminatedagainst on the basis of race, color, national origin, ances- try, sex, or religion in any consideration lead- ing to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders. The 'bid must be accom- panied 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 bid- der, shall be licensed in accordance with provi- sions of the Business and Professions Code and shall, possess a State Contractor's Li- cense Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to pos- sess business licenses from the AGENCY. Rotterdam Lane Im- provements: The project consists primar- ily -of tree removals, re- moval and construction of concrete curb .and gutter, concrete .side- walk, curb access ramps, concrete cross gutters, and ',residential driveway approaches. The project schedule is 40 working days. The AGENCY reserves the, right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days' BY ORDER of the CITY' COUNCIL of the CITY OFi 'HUNTINGTON BEACH, CALIFORNIA, the 5th'day of September 2006, by Resolution No: 2006-56. Attest: , /s/. Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the.below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: MAY 10,17,24,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MAY 2 4, 2 0 0 7 at Costa Mesa, California. Signature SECTIONANOTKEINVITING ''`The. AGENCY hereby SEAMED BIDS for , :affirmatively ensures ;that minority business ROTTERDAM.IANE enterprises will be af: IMPROVEMENTS CASH forded full opportunity {to submit bids in.re- CONtRACTNo.001310 , isponse to . this •notice be 'dis- Inthe [and .will not CITY OF HUNTINGTON BEA01 icriminated , against on ithe basis of race, color, PUBLIC NOTICE IS national origin, ances- try, sex, or religion in HEREBY GIVEN that the CITY OF HUNTINGTON any consideration lead - ling BEACH, .as AGENCY, in- to the award of contract. vites sealed bids for the above stated projects No bid shalt be consid- and will receive such ered unless it is pre - pared on the approved bids in the office of the Proposal forms incon- City Clerk, Second Floor, ;2000 Main Street, Hun- formance with the I tington,Beach, California'Instructions to Bidders., , to the hour of The bid'must be accom- panied - by a certified P.on Wednem i 2:00 . ' r's check,cashier's check, ddayM. ay, May 30, 2007. , or bidder's bond made Bids will be publicly payable to the AGENCY, open in 'the Council unless, other for an amount no less) ,Chambers Wise posted. than 10% of the amount bid. The successful bid - Copies of the :Plans, der shall be licensed in 1Specifications, and con- accordance with provi-I tract documents are available from the Office sions of the Business lof the Director of Public and Professions Coded (Works, 2000 Main and shall possess al State Contractor's Li - Street, Huntington,, Beach, CA 92648, upon tense Class at the time ,payment of a $25.00 of the bid opening. The successful Contractor' nonrefundable fee if and his subcontractors picked u or Will be required to o5.00 nonrefuo f a $3 dable fee if mailed 'via licenses from ' business licenses U.S. Postal Service,' from the AGENCY. FedEx, UPS or any other Rotterdam Lane Im- Thei delivery service. provements: project consists primar-, This is a Davis -Bacon project and the Federal dy of tree removals, re= Regulations will be en- moval and construction of concrete curb and forced. Any.contract en- gutter, concrete, side tered into pursuant to walk, curb access; this notice will incor-. porate the provisions of ramps, concrete cross the Federal Labor Stan - gutters and, residential) driveway approaches. Bards, which are on file' the office of the Di- The project schedule isl .at .rector of Public Works, 40he7 AGErkin days. The AGENCY 2000 Main Street, Hun-, reserves g reject any tington Beach', CA 92648 or all bids, t or all bids, to waive any The AGENCY will. de-' e- irregularity and to take duct a 10%AGENCYTwill ` all bids under advise - e for maximum from all progress pay- , period of.60 days. period p ments. The Contractor BY ORDER of the CITY, may substitute an es-'', COUNCIL of the CITY OF crow holder surety of HUNTINGTON BEACH, equal value to the,'reten- CALIFORNIA, the 5th day tion in accordance with the the of September 2006, by provisions of California Government Resolution No.2006-56.. Code Section 4590. The 'shall Attest: /s/.Joan L. Flynn Contractor be CITY CLERK OF THE CITY, beneficial owner of the OF HUNTINGTON BEACH surety and shall receive Published\ Huntington any interest thereon._ Beach independent May J0, 17, 24, 2007 052-409 I u n � 2007 MAY 33 PM l: 41 HPJHM?,'GM� BEACH C,�Y lei(K lqunf-(.Oq doh Beac� C�a� �- �40)000 ROTTERDAM LANE IMPROVEMENTS CC# 1310 Organization/Division All American Asphalt Contact: Ashley Protti Capacity: General Contractor Alliance Streetworks Contact: Mindy Johnston Capacity: Not Specified Bid America Contact: Sara Siggard Capacity: Plan Room / Service Buso Constructors Contact: Capacity: Not Specified Contractor's Info Network Contact: Capacity: Plan Room / Service — Damon Const. Co. Contact: Margaret Ann Rullo Capacity: General Contractor — EBS Contact: David Reynolds Capacity: General Contractor Excel Paving Contact: Capacity: General Contractor F. W. Dodge Contact: lrlanda Capacity: Plan Room / Service �.— Kalban Inc. Contact: Bid Amount Rank D eo , Capacity: General Contractor a �'� O 0 -- Nobest Incorporated a Contact: Mike Lewis Capacity: General Contractor Reed Construction Data Contact: DocumentProcessingCenter Capacity: Plan Room / Service RIVERA IRRIGATION Contact: LOUIS RIVERA Capacity: General Contractor Unique Id: 4525�o S Parker Engineering Inc. Contact: Capacity: General Contractor Steven's Tree Experts Contact: Felipe Flores Capacity: General Contractor SubHub Contact: Danny Lopez Capacity: Plan Room / Service SULLY MILLER CONTRACTING - - - COMPANY ESTIMATING Contact: RON SALCIDO Capacity: General Contractor � � CyY OF HUNT NG OH REACH MII \0±29 0 2 "1 flid cc A vu LOU 0 0 tZ wa 0 6 AU LOOZ dll ® 5-j -�-- /0 7 ,S'll0 /07- /i7-A - SECTION A s) 72 NOTICE INVITING SEALED BIDS for ROTTERDAM LANE IMPROVEMENTS CASH CONTRACT No. CC# 1310 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 P.M. on Wednesday, May 30, 2007. 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 $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. 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 a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Rotterdam Lane Improvements: The project consists primarily of tree removals, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters and residential driveway approaches. The project schedule is 40 working days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by Resolution No. 2006-56. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH SECTION A NOTICE INVITING SEALED BIDS for ROTTERDAM LANE IMPROVEMENTS CASH CONTRACT No. CC# 1310 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 P.M. on Wednesday, May 30, 2007. 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 $35.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. 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 a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Rotterdam Lane Improvements: The project consists primarily of tree removals, removal and construction of concrete curb and gutter, concrete sidewalk, curb access ramps, concrete cross gutters and residential driveway approaches. The project schedule is 40 working days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by Resolution No. 2006-56. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH FOIECITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May 4, 2007 Project/C.C. No.: C.C. No. 1310 Regarding: Rotterdam Lane Improvements ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids 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: Please find attached the Notice Inviting Sealed Bids for advertisement on 5/10/07 & 5/17/07, and 5/24/07. Bid opening is scheduled for 5/30/07 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By Douglas A. Erdman, Associate Civil Engineer GACONSTRUCTION CONTRACTS (CCS)\CC1310\JoB HOUSE\NISB TRANSMITAL To CLERK CC-1310.DOC Council/Agency Meeting Held: 611d A00 �L Deferred/Continued to: A App oved Z Conditional) Appro ed ❑Denied r City WsIgnatu Council Meeting Date: 6/18/2007 Department ID Number: PW07-031 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CdUNCIL MEMBERS SUBMITTED BY: PEN KOPE CIILBRETH-GRAFT, DPA, �[T�y ADM INISTPATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRE`CT0W0"UBLIC WP SUBJECT: Award Construction Contract for the Rotterdam Lane Improvements, CC-1310 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On May 30, 2007, bids were opened for the Rotterdam Lane Improvements, CC-1310. Staff requests that City Council award the contract to Nobest, Incorporated, the lowest responsive and responsible bidder. Funding Source: A CDBG 2006/07 Fund grant was received for $300,000, and is budgeted in CDBG Street Impovements, Street Improvements, Account No. 85782013.82300. Additional funding of $100,000 will be allocated from the Gas Tax Fund, Sidewalk Improvements, 20790001.82300. The engineer's estimate for this project is $360,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Rotterdam Lane Improvements, CC- 1310; 2. Accept the lowest responsive and responsible bid submitted by Nobest, Incorporated, in the amount of $312,225.00; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; Alternative Action(s): Reject all bids, and provide staff with an alternative direction. E-6 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: PW07-031 Analysis: The residents of Rotterdam Lane have petitioned the City to address tree replacement as well as drainage issues on their street due to ponding within the right-of-way and broken sidewalks. Rotterdam Lane is currently No. 20 on the existing Tree Petition list and is located within the CDBG Newland Enhancement Area. The Rotterdam Lane Improvements will include replacement of all the existing curb, gutter, sidewalks and driveway aprons, as well as the adjustment of existing water meter boxes, and similar appurtenances. Street trees will be removed and replaced as appropriate. Bids were opened publicly on May 30, 2007, and are listed in ascending order: Bidding Contractor Bid Amount Nobest, Incorporated $312,225.00 EBS $317,000.00 Kalban Inc. $340,080.00 Buso Constructors $385,905.00 S. Parker Engineering Inc. $390,720.00 Damon Const. Co. $396,747.75 Therefore, staff recommends award of the construction contract to Nobest, Incorporated, in the amount of $312,225.00. The total estimated project cost is $400,000 which includes the construction contract, project management, federal wage compliance, and inspection. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on April 18, 2007, with a vote of 6-0-1. (Commissioner Rivera was absent) Environmental Status: The work will be within existing right-of-way and on existing City facilities and is categorically exempt under CEQA section 15301(c) and filed with the County of Orange on May 17, 2007. Attachment(s):. Location Map -2- 6/4/2007 2:38 PM ATTACHMENT #1 ROTTERDAM LANE IMPROVEMENTS CC :1 310 •�. ,� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Construction Contract for the Rotterdam Lane Improvements, CC-1310 COUNCIL MEETING DATE: June 18, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached t Applicable Staff Report (If applicable) El Notached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: D.Erdman:jg